HomeMy WebLinkAboutCM Legislation Affecting San Rafael AB 1229 AB 352crrr oFAgenda Item No: 3. c
Meeting Date: May 6, 2013
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER
Prepared by: Nancy Mackle, City Manager-
SUBJECT:
anager
SUBJECT: REPORT AND RECOMMENDATION ON LEGISLATION
AFFECTING SAN RAFAEL
RECOMMENDATION:
AB 1229 - Restoration of Inclusionary Zoning for Affordable Housing (Atkins) - SUPPORT
AB 325 — Housing Element Statute of Limitations (A1ejo) — OPPOSE
BACKGROUND:
Below is a summary of State legislation that is pending in this legislative session on which staff recommends
Council take a position. As per Council past practice, legislation is brought forth for a position if it is
germane to local governance. Should the Council take a position on this legislation, staff will prepare
correspondence for the Mayor's signature to be sent to the relevant legislator.
AB 1229: Cities have always had the authority to adopt local inclusionary housing ordinances. However,
in Palmer,rSixth Street Properties L.P. v. City ofLos Angeles, in 2009, the court took a broad interpretation
of the Costa -Hawkins Act thereby eliminating a city's authority to require inclusionary housing. Costa -
Hawkins was intended to restrict systems of rent control, not preclude rent restrictions on inclusionary
housing. Historically, inclusionary housing programs have been an important tool in the production of
affordable new homes for the San Rafael workforce. Inclusionary housing policies have allowed low-
wage workers to live closer to their jobs, thereby reducing the state's pollution and greenhouse gas
emissions. It is one of the best tools available to promote sustainable and greener communities. Without
inclusionary housing programs, future additions to San Rafael's affordable housing stock will be severely
diminished. Supporting AB 1229 also puts zoning decisions back at the local level, for the benefit of each
community's residents, not at the State level. The League has supported this bill, and staff recommends
the City send a support letter as well.
AB 325: This bill would expand from one year to a total of four years the statute of limitations to sue a
city or county over the adoption of a housing element, the implementation of the housing element, the
adoption of a density bonus ordinance, and other local government decisions related to housing. The
current one year plus 150 days statute of limitations already greatly exceeds the 90 days allowed to bring a
lawsuit on any other planning and zoning decision. Extending this already lengthened period to four years
is completely contrary to the intent of the section of the law that the bill would amend, which now says:
"The Legislature finds... it is essential to reduce delays and restraints upon expeditiously completing
housing projects... and further finds and declares that a legal action or proceeding challenging a decision of
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
a city, county, or city and county has a chilling effect on the confidence with which property owners and
local governments can proceed." A long statute of limitations to challenge a housing element will work
against, rather than support, the production of much-needed affordable housing. The League has opposed
this bill, and staff recommends the City send an opposition letter as well.
OPTIONS:
• Adopt the recommendation as reflected in the staff report.
• Modify the positions as reflected in the staff report and approve.
• Reject the staff recommendation and chose not to take a position.
ACTION REQUIRED:
If Council concurs, the appropriate action would be a motion to accept this report and approve staff
recommendation on the above listed legislation.