City of Carpinteria
Special Joint City Council and Planning Commission
Meeting Agenda
Tuesday, February 21, 2023
Council Chamber, 5775 Carpinteria Avenue
4:00 p.m. Closed Session – 5:30 p.m. Special Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 849 5178 9727) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 849 5178 9727.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes.
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of Special Joint City Council and Planning Commission Meeting Agenda February 21, 2023
the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's agenda website (https://carpinteria.ca.us/city-hall/agendas-meetings). Please reference the agenda item to which your comment pertains.
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment in-person in the City Council Chambers). Additional options may be made available at the meeting.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION MATTERS
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1); Title: City Manager Dave Durflinger
TEMPORARY ADJOURNMENT TO CLOSED SESSION
CALL TO ORDER
ROLL CALL
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
CITY COUNCIL BUSINESS:
The City Council will meet to discuss the following subject matter:
2. Update on new state housing laws taking effect in 2023.
Recommendation: Receive and file report on new state housing laws taking effect in 2023.
PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEM
FOR THIS SPECIAL MEETING
Special Joint City Council and Planning Commission Meeting Agenda February 21, 2023
ADJOURNMENT
The next regular meeting of the City Council will be held February 27, 2023 at 5:30 p.m.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.
This agenda was posted on Wednesday, February 15, 2023, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.
City of Carpinteria
Jorrur Cry Gouttcrt- Rtto PIRNNTNG Corrlrvltsslon
Meerruc AceruoR Srarr Reponr
February 21,2023
ITEM FOR GOUNCIL CONSIDERATION
Update on new state housing laws taking effect in 2023
STAFF RECOMMENDATION
Action ltem _; Non-Action ltem X
Receive and file report on new state housing laws taking effect in 2023 Motion: I move to receive and file the report on new state housing laws taking effect in 2023.
BAGKGROUND
Continuing efforts to address the statewide housing crisis, the California Legislature enacted a large volume of housing production laws in the 2022 session. The legislature views these new housing laws as a multi-pronged attempt to promote the development of new housing in general and increase the availability of affordable housing specifically.
The entire housing legislation package creates new, complex requirements for local agencies responsible for permitting housing. lmplementation of these new housing laws is made even more complex for coastal cities, like the City of Carpinteria ("City"), due to the need to implement the new housing laws in manner that is consistent with the California Coastal Act ("Coastal Act") (Pub. Res. Code, SS 30000 ef seg.).
This agenda item will summarize the key new state housing laws taking effect in 2023 and their potential impacts on the City. The Staff Report and Presentation are generally organized around how the new housing legislation impacts key issue areas and updates existing state laws effecting housing development within the City. The new housing legislation focuses on the following issue areas:
1. Streamlining Approvals and lncentivizing High-Density Development
2. Parking Reform and Other Cost Reductions
Update on New Housing Laws Taking Effect in 2023
February 21,2023
3. Accessory Dwelling Units and lncreased Bedroom Counts
4. Affordable Housing Development and Housing Equality
The following discussion sections briefly describe existing state laws related to these issues areas, explain the changes to existing law taking effect in 2023, and discuss how these laws will affect the City.
DISCUSSION
Stream I i nin g Approvals and lncentivizi ng H igh-Density Development Assemblv Bill ("AB') 2011 - Affordable Housinq and Hiqh Road Jobs Act of 2022 AB 2011 allows for ministerial, California Environmental Quality Act ("CEQA")-exempt approval process for deed-restricted 100o/o lower income affordable housing on commercially-zoned lands, and also allows for such approvals for mixed-income housing along commercial corridors, as long as the projects meet specified affordability, labor, and environmental criteria.l The bill also requires that all projects seeking approval under its provisions ensure all construction workers earn prevailing wages and receive health benefits. Eligibility is further limited by numerous site and project criteria requiring careful review. Below is a table identifying so/ne of the specifics of the bill. 1 Pursuant to HCD Guidelines, the income thresholds for a family of four in Santa Barbara County are as follows: Acutely Low - $15,000; Extremely Low - $41,900; Very Low - $69,850; Low - $1 1 1,900; and Moderate - $120,100.
2 "Commercial Corrido/' is defined as a highway, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332of the Vehicle Code, and that has a right-of-way, as defined in Section 525 ol the Vehicle Code, of at least 70 and not greater than 150 feet. ln the City, commerciallyzoned portions of the following streets may qualify as a commercial corridor. Carpinteria Avenue, Elm Avenue, Holly Avenue, Linden Avenue, Maple Avenue, Mark Avenue, Palm Avenue and Via Real.
Qualifying Projects
. 1000h affordable housing projects
r Mixed income housinq in "commercial corridors"2
Approval Timelines . Approvalwithin 90 days for projects with 150 units or less . Aooroval within 180 davs for proiects with more than 150 units Location, Site and Project
Criteria
. Zone where office, retail, or parking are a principally permitted use . Urbanized area or urban cluster
. Shall be a multifamily housing project
. At least 75% of the perimeter of the site adjoins parcels that are developed with urban uses
. Not on a site or adjoined to a site where more than 1/3 of the square footage is dedicated to industrial use
. For a vacant site, site does not contain Tribal cultural resources and is not within a high fire severity zone
r Satisfies SB 35 eligibility criteria
. No housing within 500 feet of a freeway
. No housinq within 3,200 feet of active oil or qas refinerv Development Standards For mixed income housing projects, site may not exceed 20 acres a Proiect must satisfv statutorv density requirements.
Update on New Housing Laws Taking Effect in2023
February 21,2023
Notably, AB 2011 does not include a "CoastalAct savings" clause. That is, the bill does not expressly provide that it is superseded by the Coastal Act. Accordingly, the provisions in this bill likely apply in the City.
Senate Bill ("S8") 6 - Residential Development: Available Land Similar to AB 2011, SB 6 allows certain residential uses on commercially-zoned property without requiring a rezoning. Specifically, SB 6 allows residential development on property zoned for retail and office space without needing a rezoning, and allows project applicants to invoke the Housing Accountability Act ("HA4") to limit local discretion to deny or condition project approval. However, SB 6 does not provide a ministerial approval pathway, and it requires applicants to commit to both prevailing wage and more costly "skilled and trained workforce" requirements for project labor.
Below is a table identifying some of the specifics of the bill.
As with several other bills introduced this legislative cycle, SB 6 contains an express provision that it does not supersede, limit or otherwise modify CEQA or the Coastal Act.3
3 Currently, the law and courts have provided limited direction as to how a coastal city should proceed when a project qualifies for protection under legislation with a coastal savings clause, but is inconsistent with a city's local coastal program ('LCP"). Presumably, the City has the authority to deny the project or condition it to make it consistent. An appellate court in 2016 considered this issue in relation to state Density Bonus Law and held that a density bonus granted under state Density Bonus Law may be denied if the local agency issuing the coastal development permit finds that the prolect cannot feasibly be accommodated on the site in a manner that is in conformity with the Coastal Acl. (Kalnel Gardens, LLC v.
City of Los Angeles (2016) 3 Cal.App.Slh 927,944.) An argument could be made, however, that the City a For mixed income housing projects, height limits, setback and setback standards are prescribed in detailed statutory standards dependent on whether the site is on a commercial corridor, within one-half mile of a major transit stop and based on adjacent uses.
Potential heiqht limits from 35 to 65 feet.
Other Effects
. Exempt from CEQA
. Prohibited from demolishing existing housing or properties desiqnated as historic
Qualifvino Proiects a Housino oroiects on oarcels zoned for office. oarkinq or retail Affordability Requirement a Does not include an affordability requirement Development Standards
a
Site may not exceed 20 acres
Located in urbanized area or urban cluster
Must be 100% residential or mixed-use where 50% of square footage is residential
Density based on site's zoning or, if residential not permitted, closest parcel that permits residential
Not adjacent to an industrial use, where 1/3 of square footage is an industrial use
a
a
Labor Standards Prevailing wage
Use of skilled and trained workforce
Update on New Housing Laws Taking Effect in 2023
February 21,2023
AB 2234 - Planninq and Zoninq: Housinq: Postentitlement Phase Permits Unlike other recent legislation which seeks to streamline the entitlement process, AB 2234 only targets expediting the post-entitlement permitting process.
The categories of post-entitlement permits covered by AB 2234 include permits for demolition, excavation and grading permits, building permits, and permits for off-site improvements. For such permits, AB 2234 requires local agencies to publish formal application checklists, as well as examples of complete applications for at least five types of housing development projects in the jurisdiction, including, but not limited to, accessory dwelling unit ("ADU"), duplex, multifamily, mixed use, and townhome. AB 2234 also requires that local agencies determine whether an application for a postentitlement permit is complete and provide written notice of its determination within 15 business days after application submission. lf the local agency fails to meet the deadline, the permit application will be deemed complete. Once the application is complete, the local agency then has a short window to approve or deny the application. ln particular, the agency has 30 business days for housing projects with 25 units or fewer units and 60 business days for projects with 26 units or more. Local agencies may extend these timelines by making written findings that the post-entitlement permit might have a specific, adverse impact on public health or safety and that additional time is necessary to process the application.
lmportantly, a violation of AB 2234 constitutes a violation of the Housing Accountability Act, which establishes various penalties-including attorney's fees. Additionally, it is worth noting that the procedures set forth in AB 2234 do not apply to permits required and issued by the California Coastal Commission.
Notably, the requirements set forth in this bill are not mandated in the City until January 1,2028.4
AB 2295 - Local Educational Aqencies: Housinq Development Proiects AB 2295 aims to allow school districts and county offices of education to utilize its surplus property to provide affordable housing to its employees.
More specifically, this new law provides that a housing development project be deemed an allowable use on any real property owned by a local education agency (a school district or county office of education) if the housing development satisfies certain does not have the authority to deny a project that conflicts with a portion of the zoning code that is not designed to protect coastal resources and thus arguably not within the City's LCP. Because the court in Kalnel Gardens did not reach this issue, there is some uncertainty as to how coastal saving clauses may be relied upon.
a This deadline may be extended if certain findings are made regarding requiring substantial increases in permitting fees.
Update on New Housing Laws Taking Effect in 2Q23
February 21,2023
conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards. This new law does not take effect until Jan. 1,2024, and the bill would require the Department of Housing and Community Development ("HCD") to provide a written notice to the planning agency of each county and city on or before Jan. 31 ,2023 stating that this section becomes effective on Jan. 1, 2024. The law sunsets Jan. 1 ,2033.
This bill does not contain a CoastalAct savings clause and thus appears to apply in the City. Currently, Staff is not aware of any school district owned surplus property that this law would be subject to this bill. However, this may change if the school district deems certain sites surplus in the future.
AB 2668 - Planninq and Zoninq
AB 2668 is clean-up legislation to SB 35, the landmark 2017 housing approvals streamlining law. lt aims to create more housing development opportunity by clarifying the following: (1) SB 35 streamlined projects are not subject to conditional use permit requirements; (2) lnclusionary housing requirements are calculated before calculating any density bonus; (3) SB 35 streamlining may be used on sites with underground storage tanks; and (4) Local governments may not reject proposed project modifications that are missing some application materials if the application contains substantial evidence that the development is consistent with objective planning standards.
However, it is worth noting that the primary streamlining components of SB 35 do not apply to any development within the coastal zone.s Because the entire City is located within the coastal zone, the streamlining provisions of SB 35 and AB 2668 do not apply to the City.
AB 23346 - Density Bonus Law: Affordabilitv: lncentives or Concessions in Very Low Vehicle Travel Areas. Parkins Standards: Definitions
The State Density Bonus Law allows developers to increase density, access concessions to reduce development costs, waive development standards and reduce parking in exchange for providing affordable housing. lt is amended nearly every year in an effort to unlock more housing production potential. This year, AB 2334 updates the definition of maximum allowable residential density for the purpose of determining the "base density" to which bonus density may be added. Specifically, AB 2334 provides that if the density under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail.
The law also dictates a method for determining the "base density" in terms of units in the many localjurisdictions where the general plan, specific plan or zoning does not provide dwelling unit per acre standards for density. This method involves estimating 5 Gov. Code, $ 65913.4(aXOXA)
6 AB 2334 also incorporates additional changes to Section 65915 of the Government Code proposed by AB 682.
Update on New Housing Laws Taking Effect in 2023
February 21,2023
the realistic development capacity of the site based on applicable "form-based" objective development standards, such as floor area ratio, site coverage and height limits, and then translating that development capacity into a specific number of units, to which the bonus density is then added. An applicant may now provide a base density study and the local agency "shall" accept it, provided that it includes all applicable objective standards.
AB 2334 also makes 100 percent lower income affordable housing projects that are located in a very low vehicle travel area in a designated county eligible for four incentives or concessions, unlimited density bonuses as well as an automatic height increase of up to three stories or 33 feet. These benefits were previously only available to 100 percent affordable housing projects within a half-mile of a major transit stop. A "very low vehicle travel area" is defined as an urbanized area where the existing residential development generates vehicle miles traveled ('VMT") per capita that is below 85 percent of the regional or city VMT per capita. Further analysis is required to assess whether the City or any portions of the City qualify as a "very low vehicle travel area."
The law makes other changes applicable to facilitate affordable housing financing by aligning maximum rent levels as determined by the California Tax Credit Allocation Committee and provides that as part of an equity-sharing agreement a local government may defer to the recapture provisions of a public funding source.
Finally, the law changes the resident age requirement for a specified development to receive an elimination of parking minimums from the current 62 years of age or older to instead be 55 years or older.
As noted above, State Density Bonus Law contains a CoastalAct savings clause which provides that it shall not supersede the CoastalAct. However, coastal cities, like the City, must implement State Density Bonus Law in a manner that is "consistent with" both it and the CoastalAct.
AB 1551 - Planning and Zoninq: Development Bonuses: Mired-tJsefiqiectq AB 2551 reenacts a law that previously sunset on Jan. 1,2022, that provided State Density Bonus Law benefits for commercial projects that include affordable housing.
After going into effect on Jan. 1,2023, the new law will continue until Jan. 1,2028. ln order to qualify, a commercial developer must partner with a housing developer or provide housing that contains 30 percent low income units or 15 percent very lowincome units. lf a commercial project qualifies, certain benefits may include an increase in maximum allowable intensity, allowable floor area, and height requirements.
This bill does not contain a CoastalAct savings clause and thus appears to apply in the City and must be implemented in a manner consistent with the Coastal Act.
Update on New Housing Laws Taking Effect in 2023
February 21,2023
AB 682 - Planninq and Zoninq: Density Bonuses: Shared Housinq Buildinqs AB 682 aims to ease roadblocks facing co-living housing projects by creating a new category of "shared housing" projects eligible for benefits under the State Density Bonus Law. A shared-housing building is defined as a residential or mixed-use structure with five or more housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. A sharedhousing building qualifies for State Density Bonus Law benefits if it contains 10 percent lower-income units; 5 percent very low-income units; or is a senior housing development. The law prohibits jurisdictions from requiring any minimum unit size requirements or minimum bedroom requirements for an eligible shared-housing building project.
As noted above, State Density Bonus Law contains a CoastalAct savings clause which provides that it shall not supersede the CoastalAct, but it must be interpreted consistent with the CoastalAct.
Parking Reform and Other Cost Reductions
AB 2097 - Residential. Commercial. or Other Development Tvpes: Parkinq Requirements
Assembly Bil|2097 generally prohibits public agencies from enforcing minimum parking space requirements on any residential, commercial, or other development project that is within one-half mile of a major transit stop.7
A "major transit stop" is defined to include
1. An existing rail or bus rapid transit station;
2. A ferry terminal served by either a bus or rail transit service; or
3. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
"Bus rapid transit station" is defined at Public Resources Code section 21060.2 and means "a clearly defined bus station served by a bus rapid transit. "Bus rapid transit" in turn is defined as "a public mass transit service provided by a public agency or by a public-private partnership that includes all of the following features:
7 The parking exemptions in AB 2097 will apply to all new ground-up development and likely apply to changes in use of existing buildings that are within the qualified one-half mile area.
Update on New Housing Laws Taking Effect in 2023
February 21,2023
1. Full time dedicated bus lanes or operation in a separate right of way dedicated for public transportation with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
2. Transit signal authority.
3. All-door boarding.
4. Fare collection system that promotes efficiency
5. Defined stations.
The City has no "bus rapid transit stations" or intersections of two or more major bus routes with a frequency of service interval of 15 minutes or less. The City's only "major transit stop" is the Carpinteria Amtrak station located at475 Linden Avenue because it is an "existing rail station." Therefore, qualifying projects in the City must be located within 0.5 miles of the Carpinteria Amtrak station located at 475 Linden Avenue.
Notwithstanding the above-described prohibition, a public agency may, subject to certain exceptions, impose minimum parking requirements on qualifying projects if it can make certain written findings within 30 days of receipt of a completed application. The agency must find, and support by a preponderance of evidence in the record, that not imposing or enforcing minimum parking requirements would have a substantially negative impact on any of the following:
1. The City's ability to meet its share of the Regional Housing Needs Assessment (RHNA) for low and very low-income households;
2. The City's ability to meet any special housing needs for the elderly or persons with disabilities, as identified in the City's Housing Element; or
3. Existing residential or commercial parking within one-half mile of the housing development project.
This bill does not contain a Coastal Act savings clause and thus appears to apply in the City.
AB 2536 - Development Fees: lmpact Fee Nexus Studies: Connection Fees and Capacitv Charges
This law requires agencies to evaluate the amount of a new fee or capacity charge prior to levying it. The evaluation must include evidence to support that the fee or capacity charge does not exceed the estimated reasonable cost of providing service. All information constituting the evaluation must be made publicly available at least 14 days prior to hearing on the new fees or capacity charge.
Update on New Housing Laws Taking Effect in 2023
February 21,2023
This bill does not contain a CoastalAct savings clause and thus appears to apply in the City.
Accessory Dwelling Units and lncreased Bedroom Counts
AB 2221 - Dwel lino Units
AB 222l contains clean-up language and clarifications to reduce permitting hurdles for ADU applicants, including:
. Existing law requires local agencies to "act on" an ADU application within 60 days of issuing a "completeness determination," and if not, an ADU application is deemed approved as a matter of law. However, some local agencies have used internal intermediary "actions" (e.9., inter-departmental referrals, issuing design comments) to bypass the 60-day deadline. AB 2221 eliminates that practice by expressly requiring agencies to "approve or deny" an ADU application within 60 days of the completeness determination.
. Agencies that deny an ADU application must now provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.
. Clarifies that the construction of an ADU does not trigger a change in "Group R" occupancy of the residential building (thereby requiring stricter building code standards), unless the agency makes specific findings that the ADU would create an adverse impact on health and safety.
. Expands the definition of "permitting agency" to include any entity involved in the review of an ADU permit, rather than simply the agency responsible for issuing the permit. This change makes clear that other agency departments, as well as special districts (water, sanitary) are subject to the 60-day deadline following a completeness determination.
. Clarifies that the construction of an ADU (attached or detached) cannot trigger a requirement to install fire sprinklers in an existing multifamily dwelling.
Finally, AB 2221 adds front setbacks to the list of objective development standards that local agencies are precluded from imposing if they would prevent construction of an ADU that is 800 square feet or smaller and adheres to 4 feet of rear and side yard setbacks and revised height limits. Front setbacks remain inapplicable to the "state exempt" class of ADUs found in Subdivision (e) of the state law.
AB 2221expressly provides that it shall not supersede or in any way alter or lessen the effect or application of the Coastal Act. As a result, the City's ADU Ordinance, which takes effect on February 23, 2023, will govern the development of ADUs within the City a
Update on New Housing Laws Taking Effect in 2023
February 21,2023
The City's ADU Ordinance will apply until the City processes an amendment to its ADU Ordinance with the California Coastal Commission to reflect AB 2221.
SB 897 - Accessorv Dwellinq Units: Junior Accessorv Dwellinq Units SB 897 increases the minimum height limits that local governments may impose on ADUs. Specifically, SB 897 provides minimum height limits of 16 feet (for detached ADUs on the same lot with an existing or proposed single-family or multifamily dwelling); 18 feet (for detached ADUs located on a lot that is within a half-mile of a major transit stop, ordetached ADUs on a lot with an existing or proposed multistory, multifamily dwelling); or 25 feet or base zone height, whatever is lower (for attached ADUs). The law introduces the potential for two-story ADUs if certain conditions are met, but ensures local agencies are not required to permit three-story ADUs.
Lastly, SB 897 now clarifies that two detached ADUs may be constructed (and qualify for building permit ministerial review under Government Code Section 65852.2(e) on lots with proposed multifamily dwellings. This change will allow developers to include two detached ADUs in their design and planning processes for new multifamily residential projects.
SB 897 expressly provides that it shall not supersede or in any way alter or lessen the effect or application of the Coastal Act. Thus, like as discussed above for AB 2221, SB 897 will not take effect within the City until it processes an amendment to its ADU Ordinance with the California Coastal Commission.
AB 916 - Zoninq: Bedroom Addition
AB 916 restricts public hearings for projects that reconfigure existing space to add two or fewer bedrooms to improve utilization of existing space in dwelling units. For example, AB 916 prohibits the City from requiring a public hearing for a project that involves remodeling an existing single family home to split a large bedroom into two smaller bedrooms. This bill does not impact parking requirements and allows an increase in density within existing properties with the goal to increase the housing stock and bring down the cost of housing. The law does not prohibit agencies from holding public hearings for proposals that would increase the number of units provided such proposals are not subject to other state laws that mandate ministerial review.
This bill does not contain a CoastalAct savings clause and thus appears to apply in the City.
Affordable Housing Development and Housing Equality
AB 2094 - General Plan: Annual Re Extremelv Low-lncome Housino): and AB 2653 - Planninq and Zonins Law: Housinq Elements
Update on New Housing Laws Taking Effect in 2023
February 21,2023
AB 2094 and AB 2653 provide further specificity with respect to the information that local governments are required to include in their respective annual reports filed with HCD.
AB 2094 requires localjurisdictions to report their progress towards building Extremely Low lncome units (ELl) to HCD, as part of the existing reporting process. With the ability to accurately track how many ELI units are being developed, California can better allocate funds and develop effective policy for homeless and housing-insecure residents.
AB 2653 requires that the annual report additionally provide: the number of new housing units built, the number of housing units demolished, information specifying rental versus for-sale housing, and details regarding approved projects that benefit from AB 2011 or the State Density Bonus Law. AB 2653 also authorizes HCD to require corrections to the annual report, and to reject non-compliant portions of the report. The City will need to include this information in its annual progress report. 2339 m en al Housi
This bill strengthens the Housing Element Law (Gov. Code SS 65580 et seq.) to ensure that zones identified for shelters and other interim housing are suitable and available.
The bill also requires jurisdictions to demonstrate sufficient capacity on the sites to meet the identified need for interim housing for those experiencing homelessness.s
POLICY SISTENCY
Updating the City's Municipal Code and General Plan in response to changes in state law is consistent with the City's General Plan and Housing Element Policies.
FINANCIAL GONSIDERATIONS
This item does not result in a fiscal impact; however, updates to the City's Municipal Code and certified LCP in response to changes in state law are anticipated to have a fiscal impact.
LEGAL AND RISK MANAGEMENT CONSIDERATTONS
The City Attorney's Office worked with the Community Development Department to prepare the attached report and is available to answer questions.
Failure of the City to comply with and/or implement new state housing laws could expose the City to legal actions, as allowed for under state law. 8 Although the bill, as well as the guidance letter issued by HCD, are ambiguous regarding the application of these amendments, it appears that these requirements will not impact the curreni Housing Element cycle as the City submitted a draft of its Housing Element prior to the statutory deadline.
Update on New Housing Laws Taking Effect in2023
February 21,2023
OPTIONS
Council could direct staff to take actions in response to the new housing legislation, including directing staff to bring back agenda items to consider initiation of City Zoning Code and Local Coastal Program amendments.
PRINCIPAL PARTIES EXPECTED AT MEETING
General Public
Report Prepared by and Staff Contact:
Cody Sargeant & Mack Carlson, Legal Counsel on
Schreck, LLP acting as City Attorney of the City of
behalf of Brownstein Hyatt Farber
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ld 7l' h'r,ar*
S
Reviewed by:
Steve Goggia, Community Development Director
Steves@ci. carpinteria. ca. us; (805) 7 55-44 1 4
Reviewed by:
Dave Durflinger, City Manager
[email protected]. us; (805) 7 55-4400
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Signature
Signature
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