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Home My WebLink AboutAGENDA REPORT 1989 0607 CC REG ITEM 08LELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Council member PAUL LAWRASON Council member SCOTT MONTGOMERY Council member RICHARD T. HARE City Treasurer TO: FROM: MOORPARK MEMORANDUM The Honorable City Council Patrick J. Richards, Director of Community DATE: June 2, 1989 {CC meeting of 6/7/89) SUBJECT: SET DATE TO REVIEW DRAFT HOUSING ELEMENT Discussion 'i/;' ITEM-.-..I.---=-• STEVEN KUENY City Manager CHERYLJ. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Developmentr We have recently received correspondence from the League of California Cities regarding pending Housing Element Legislation. There are a number of bills introduced this year which would adversely impact cities which do not have a housing element approved by the State Housing and Community Development Department (HCD). These bills are summarized on the attachment. Because of this pending legislation, staff is recommending that the City adopt the Housing Element by July 1, 1989 to provide some protection from pending legislation such as SB-1279 which could result in a moratorium on development approvals as well as a freeze in infrastructure construction if the State Housing and Community Development Department and a court have found that a City I s housing element is out of compliance. It would be better to have a housing element adopted which at least addresses all State law require.ments. Subsequent to July 1, 1989, the City can then modify the Housing Element to allow further refinement. State law does allow 11 mandatory element of the general plan to be amflnded a maximum of four times during any calendar year. The Planning Commission will be reviewing the Draft Housing Element on June 5, 1989. Staff is recommending that the Commission direct staff to prepare a resolution for the Planning Commission to be considered at their next regular meeting of June 19, 1989, recommending that the City Council approve the Revised Housing Element. Staff proposes to then schedule the Draft Housing Element for the CouncH's June 21, 1989 meeting. The Council may elect to meet again on June 28th to allow the adoption of the Housing Element prior to July 1st if deemed necessary. Staff Recommended Action Direct staff to notice the Housing Eleml,nt for the meeting. 799 Moorpark Avenue Moorpark, California 93021 MOORPARK, CALIFORNIA City Council Meeting of 6-1 198.:t_ Council's June 21, 1989 ACTION: ~M-1-<-e 1 ~ . -1--, , I , l :-ui I c ntYfl(! .,yLCllit'l(_,, By 11a1111r MINK MIME League of California Cities s o m- 1400 K STREET • SACRAMENTO,CA 95814 • (916)444-5790 111111111111E, California Cities Work Together Sacramento, CA. May 10, 1989 TO: City Managers (Clerks in Non-Manager Cities) RE: Housing Element Legislation. Urgent. Opposition Requested. There are a number of bills introduced this year which would adversely impact cities which do not have a housing element approved by the State Housing and Community Development Department (HCD). These bills are summarized below: SB 966 (Bergeson): Prohibits adoption or amendment of a redevelopment plan for cities without an HCD approved Housing Element. Cities with an approved element would receive preference for state water, sewer and rural renaissance funds (i.e., those cities without an HCD approved element would be placed lower on the priority list for such funds). Status: Passed Senate Housing and Urban Affairs Committee. Referred to Senate Appropriations Committee. SB 1279 (Seymour): Prohibits a city from spending developer fees if HCD and a court have found that their housing element is out of compliance. Such revenues could only be expended after a court determines that the revised element is in substantial compliance with state law (i.e., possible moratorium on development approvals as well as a freeze in infrastructure construction during court supervised housing element revision). Status: Scheduled for Senate Housing and Urban Development Committee May 16, 1989. AB 145 (Costa): Allocation of a portion of a $710 million Park Bond proposed for the June, 1990 ballot cannot be distributed to cities unless they have an HCD approved housing element. Status: Passed Assembly Water, Parks and Wildlife Committee. Referred to Assembly Ways and Means Committee. AB 1290 (Hauser): Revision of a city's regional housing allocation must be approved by HCD rather than the council of governments. Cities would no longer have the ability to plan for less than their regional housing allocation based on local land use and related general plan policies. Cities will have the burden of proof to defend their housing elements in court. Since this bill declares that the production of housing is a statewide concern, courts will be authorized to invalidate local land use policies and regulations if they restrict the amount of housing that can be developed. Even if such policies and regulations are based on the lack of sufficient facilities and services or preservation of agricultural and open space lands, a court could order a city to increase the number of nECCIVED NY 1::9 residential building permits issued, to rezone land from commercial or industrial to residential use and to increase permitted residential densities. Status: Passed Assembly Housing and Community Development Committee. Referred to Assembly Ways and Means Committee. According to HCD, two-thirds of all cities and counties do not have an adequate housing element. The League recently conducted a survey where over 100 cities believed that HCD had approved their housing element while HCD records indicate the contrary. In addition, HCD staff has indicated that they will not approve a housing element unless it demonstrates that all of the city's regional housing allocation, including accommodation of low and moderate income housing, will be met within the five year plan timeframe. They also believe that growth management and rent control programs adversely impact the supply and cost of housing. Therefore, in reviewing this legislation, cities should presume that HCD has not or will not approve their housing element if they have adopted any type of growth management or rent control program, if they cannot demonstrate a jobs/housing balance, or where they cannot demonstrate accommodation of all of their regional housing allocation. The sponsors of this legislation, residential developers and housing advocates, intend to force local jurisdictions to modify their land use policies given the loss of state funds, redevelopment authority, restriction on expenditure of developer fees, or by order of a court. The sponsors intend to use AB 1290 to sue cities in order to overturn local land use policies. In addition, they have stated that they expect local jurisdictions to adopt housing trust funds (i.e., fees on commercial and industrial development) in order to assure production of affordable housing. Given the Legislature's dislike of growth control measures, the level of developer influence in the State Capitol, and the skyrocketing housing prices (80% of all Californians cannot afford to buy a median priced house), the League is concerned that these bills will pass unless there is strong opposition. Therefore, please send letters of opposition to the bills authors, to your respective Assembly members and Senators, and to the members of the referenced policy and fiscal committees as soon as possible. SP510M6.1eg