Administrative
Report
N.1., File # 24-0434 Meeting Date: 6/4/2024
To: MAYOR AND CITY COUNCIL
From: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY COUNCIL’S POLICY POSITION ON CALIFORNIA SENATE BILL (SB) 951 (WIENER) WHICH SEEKS TO REMOVE URBANIZED
SAN FRANCISCO FROM THE COASTAL ZONE AND PROVIDE DIRECTION TO STAFF ON THE PREPARATION OF A LETTER OR RESOLUTION ARTICULATING THE COUNCIL’S POSITION ON
THE BILL
DISCUSSION AND POSSIBLE ACTION REGARDING JOINING OTHER CITIES AND ELECTED OFFICIALS IN SIGNING A LETTER OF OPPOSTION TO ASSEMBLY BILL (AB) 2560 (ALVAREZ)
WHICH PROPOSES TO ELIMINATE THE PROVISION IN EXISTING LAW THAT PREVENTS
HOUSING DENSITY BONUS APPLICATION IN THE COASTAL ZONE
EXECUTIVE SUMMARY
California Senate Bill 951 (SB 951) was introduced on March 1, 2024 by State Senator Wiener and seeks to remove urbanized San Francisco from the California Coastal Zone.
California Assembly Bill 2560 (AB 2560) was introduced on February 14, 2024 by Assembly Member David Alvarez, co-authored by State Senator Scott Wiener, and seeks to remove the existing Coastal Zone exemption from the State’s Density Bonus Law.
BACKGROUND
The Coastal Zone is a legislatively-defined geographic region that establishes the area regulated under the Coastal Act, and encompasses both land and water areas along the length of the California coastline. The California Coastal Act (Act) of 1976 regulates development in the Coastal Zone and requires that any new development must comply with the requirements of the Act as set forth by the California Coastal Commission which regulates proposed developments through coastal development permits and certification of Local Coastal Plans.
The California Coastal Commission’s purview includes all permitting within the Coastal Zone, except where local governments have adopted a local coastal program (LCP), which must be approved by the Commission. Once an LCP is adopted and approved, the local government retains permitting authority, however, the Commission may still appeal certain permits.
SB 951 seeks to assert that the Commission does not have jurisdiction to appeal projects that are within the permitted uses for a specific parcel where there is an LCP in place. For example, if a parcel is permitted under an approved LCP as both commercial and residential use, a project seeking
N.1., File # 24-0434 Meeting Date: 6/4/2024
parcel is permitted under an approved LCP as both commercial and residential use, a project seeking to convert a parcel from commercial to residential could not be appealed to the California Coastal Commission. Approval could have wide-ranging impacts on cities with approved LCPs to control what is ultimately built in their jurisdiction.
AB 2560 would remove the exemption of Density Bonus Law within the Coastal Zone and allow developers of qualifying projects to apply for the density bonus or other incentives afforded under Density Bonus Law. The approval of AB 2560 would effectively undermine the City’s Local Coastal Plan, which regulates development within the Coastal Zone while ensuring the preservation of, and access to, the coast. On March 12 2024, the City Council directed staff to draft a resolution and prepare a letter of opposition to AB 2560 which was then adopted on April 2, 2024. The letter and resolution were then sent to elected officials representing the South Bay, and individuals associated with the bill’s review.
At this time, the Honorable Mayor Lesa Heebner, representing the City of Solana Beach, has prepared an additional letter of opposition to AB 2560 that she has requested local lawmakers sign in solidarity. Her letter is attached for review and Council consideration of whether or not to join the list of 20 signors opposing AB 2560.
This agenda item provides the City Council an opportunity to discuss SB 951 and give direction on the preparation of a letter or resolution that reflects the City’s position on the bill, along with advising staff on whether or not Council would like to join in signing an additional letter of opposition to AB 2560.
COORDINATION
The City Manager’s Office coordinated the preparation of this item.
FISCAL IMPACT
There is no fiscal impact associated with this item.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· California Senate Bill 951
· California Assembly Bill 2560
· Letter of Opposition - Honorable Mayor Lesa Heebner, City of Solana Beach Opposing AB 2560 (Alvarez)
· Reso - No. CC-2404-021 Expressing the City’s Opposition to AB 2560 (Alvarez) · Letter of Opposition and Resolution - Redondo Beach Mayor and Council Opposing AB 2560 (Alvarez), April 2, 2024