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Home My WebLink AboutAGENDA REPORT 2025 0226 CC SPC JNT PC ITEM 05ACITY OF MOORPARK, CALIFORNIA City Council & Planning Commission Meeting of February 26, 2025 ACTION RECEIVED REPORT AND PRESENTATION. BY B.Garza. A. Receive Update on New Housing-Related Laws. Staff Recommendation: Receive the report and presentation. (Staff: Kevin Ennis, City Attorney) Item: 5.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council and Planning Commission FROM: Kevin G. Ennis, City Attorney BY: Diana Varat, City Attorney’s Office Zachary Heinselman, Assistant City Attorney DATE: 02/26/2025 Special Joint Meeting of the City Council and Planning Commission SUBJECT: Receive Update on New Housing-Related Laws SUMMARY The 2024 Legislative Session produced a number of new laws aimed at addressing the statewide housing crisis. This presentation will provide a high-level overview of important state laws related to housing and highlight recent amendments to some of these laws. DISCUSSION The Housing Accountability Act The Housing Accountability Act (HAA), Government Code section 65589.5, limits a city’s ability to disapprove, reduce the density of, or make infeasible housing development projects that are consistent with objective local development standards. A city can be subject to fines and liable for paying the petitioners’ attorneys’ fees if a court concludes that the city violated the HAA. This year, AB 1893 expanded the list of city actions that constitute a “disapproval” of a housing development project. Separately, AB 1893 made a number of changes to the HAA’s “Builder’s Remedy” provision. Broadly speaking, the Builder’s Remedy allows developers proposing housing with a minimum percentage of affordable units to bypass local zoning regulations and general plan standards in cities without timely State certification of their housing element. Density Bonus Law State Density Bonus Law (DBL), Government Code section 65915, allows developers to exceed locally established maximum density requirements in exchange for agreeing to build a certain percentage of low-income, very-low income, senior citizen, moderate- income, or student housing units. Besides allowing for additional density, DBL also allows Item: 5.A. 1 Honorable City Council and Planning Commission 02/26/2025 Special Joint Meeting Page 2 applicants to deviate from other local requirements, including parking requirements, through incentives / concessions and waivers. In 2024, the State enacted a few bills amending the DBL. First, AB 2694 specifies that a State-licensed “Residential Care Facility for the Elderly” qualifies as a “senior citizen housing development” and can receive benefits under the DBL. Second, AB 3116 creates a new definition of student housing development projects that qualify for the DBL and amends the benefits available for qualifying student housing projects. Duplexes & Urban Lot Splits In 2021, the State passed SB 9, which allows for the development of multiple units on properties zoned for single-family uses. Government Code section 65852.21 requires cities to permit two residential units on a lot within a single-family residential zone through a ministerial review process if the development meets specific objective criteria. Separately, Government Code section 66411.7 requires cities to approve a subdivision of a single-family zoned lot into two lots through a ministerial review process (“urban lot split.”). Cities must allow each of the two resulting lots to accommodate up to two units for a total of four possible units on the original single-family zoned lot. In 2024, SB 450 amended SB 9 to limit the objective standards that a city may impose on an SB 9 development. Accessory Dwelling Units and Junior Accessory Dwelling Units State ADU law, renumbered last year by SB 477 and now codified in Government Code sections 66310 - 66342, provides requirements regarding development standards and application processing for accessory dwelling units (ADUs) and junior ADUs (JADUs.) In 2024, the State again amended provisions applicable to ADUs and JADUs. First, under SB 1211 a city must ministerially approve up to eight detached ADUs on a lot with an existing multifamily dwelling, so long as the number of new ADUs does not exceed the number of existing units on the lot. SB 1211 also prohibits agencies from requiring the replacement of uncovered parking spaces that are removed to construct an ADU. Second, AB 2533 prohibits a city from denying a permit for an unpermitted ADU or JADU constructed before Jan. 1, 2020, unless the city finds that correcting the violation is necessary to prevent the building from being substandard. Small Lot Subdivisions SB 1123 amends the Starter Home Revitalization Act of 2021, Government Code sections 65852.28 and 66499.41, which were enacted originally by SB 684. Most importantly, a small lot subdivision of up to 10 units now must be approved for qualifying projects on vacant, single-family zoned lots that are substantially surrounded by qualified urban uses not just on multi-family zoned lots). Ministerial approval is required for qualifying projects on lots that are no larger than 1.5 acres. The resulting lots must be at least 1,200 square feet and like the units on multi-family zoned properties, the average total area of floor space for the resulting housing units may not exceed 1,750 net habitable square feet. 2 Honorable City Council and Planning Commission 02/26/2025 Special Joint Meeting Page 3 Housing in Commercial Areas The Affordable Housing and High Road Jobs Act of 2022 (AB 2011), Government Code sections 65912.100 - 65912.140, requires the ministerial approval of two types of housing developments, subject to a complex set of requirements, on sites located in a zone where office, retail, or parking are principally permitted uses: (i) an entirely affordable housing development or (ii) a mixed-income housing development along a commercial corridor. The Middle Class Housing Act of 2022 (SB 6), Government Code section 65852.24, also allows housing developments that meet specified objective standards in a zone where office, retail, or parking are principally permitted uses. Unlike AB 2011, SB 6 does not create a ministerial approval process nor does it include affordability requirements. Instead, SB 6 relies on the procedures and requirements of the closest parcel that allows development at the city’s “default density.” In 2024, AB 2243 amended both AB 2011 and SB 6 to expand its applicability to regional mall sites, sites located within 500 feet of a freeway if the building meets certain standards, and sites where parking is a conditionally permitted use. Among other changes, AB 2243 amends AB 2011 to establish minimum density requirements and project review timelines, excludes AB 2011 development on historic sites, requires certain development impact fee credits, and revises several definitions. State Enforcement of Housing Laws The Attorney General (AG) and Department of Housing and Community Development HCD) are authorized to enforce state housing laws. SB 1037 adds Government Code section 65009.1, establishing new legal remedies that will apply in a certain set of lawsuits brought against cities by the AG or HCD. Specifically, the new remedies will be available in lawsuits seeking to enforce housing element law and laws that specifically require local agencies to ministerially approve planning or permitting applications for housing development projects. These new remedies include: (i) a “civil penalty” of at least $10,000 and possibly up to $50,000 per month for each violation (ii) recovery of costs of investigating and prosecuting an action, including expert fees, reasonable attorney’s fees, and costs; and (iii) other relief including equitable and injunctive relief. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT None. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. This action provides background for City Council Goal 1, The Moorpark Quality of Life, in that it offers context for the laws regarding development of certain housing in the City. 3 Honorable City Council and Planning Commission 02/26/2025 Special Joint Meeting Page 4 STAFF RECOMMENDATION Receive the report and presentation. 4