CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2016
PREPARED BY: Hilary Holeman, Administrative Analyst
APPROVED BY: City Manager
Title
CITY POSITION ON PENDING STATE LEGISLATION - SB 1069 Accessory dwelling units and AB 2444 CALIFORNIA PARKS, WATER, CLIMATE, AND COASTAL PROTECTION AND OUTDOOR ACCESS FOR ALL ACT OF 2016
END
RECOMMENDATION(S)
RECOMMENDATION
1. Receive legislative correspondence in opposition of SB 1069 Accessory Dwelling Units;
2. Support AB 2444 (Garcia) California Parks, Water, Climate, and Coastal Protection and Outdoor Access for All Act of 2016; and
3. Direct staff to submit letters in support of AB 2444 to the appropriate representatives
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Protecting the environment
Maintaining fiscal responsibility
Supporting youth
Preserving and cultivating public trust
2016 Focus Areas
Developing Our Community
Enhancing Our Services
REPORT NARRATIVE:
Per Resolution No. 6851, the City Council recognizes occasional situations arise where communication indicating support or opposition on pending State legislation is timely and may occur prior to the next scheduled City Council meeting. Under these circumstances, the Mayor or City Manager is delegated the authority to prepare, execute and transmit written or verbal communications indicating a City's position on pending legislation as long as the following criteria are met: a) the League of California Cities has requested the City to comment or take a position, b) the timing to express a position occurs prior to the next scheduled Council meeting, and c) the pending State legislation clearly supports or clearly hinders the implementation or fulfillment of an adopted City Council Priority, Goal or Strategy. When this occurs, a written report to the City Council for comment and acceptance is required at the next possible meeting.
On May 9, 2016 the League of California Cities indicated SB 1069 was a "hot bill" scheduled for hearing on May 12, 2016. Staff obtained written permission from the Mayor to oppose the bill and sent letters of opposition to the appropriate representatives on May 11, 2016 (attachment 1).
Additionally, the City of Morgan Hill recently received a Call to Action from the California Parks and Recreation Society regarding AB 2444 suggesting the City take action. The City’s Community Services Director reviewed the bill and is requesting the City advocate for passage by sending the attached letter of support (attachment 2) to the appropriate representatives.
Each bill is summarized below and the official bills are included as attachments 3 and 4.
SB 1069
The Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of 2nd units in single-family and multifamily residential zones, as specified. That law makes findings and declarations with respect to the value of 2nd units to California's housing supply. This bill would replace the term "second unit" with "accessory dwelling unit" (ADU) throughout the law. The bill would add to those findings and declarations that, among other things, allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock and these units are an essential component of housing supply in California.
SB 1069 removes any local land use flexibility and limits the public engagement process. The measure departs significantly from existing law which prescribes the minimum standards of a local ordinance of an ADU and instead prescribes the maximum standards of an ADU thereby removing all local land use flexibility.
In addition, this measure could result in rate hikes to existing private and public utility customers. Under SB 1069, an ADU cannot be considered a new residential unit for purposes of calculating utility connection fees. The cumulative impact of thousands of new units on a water or sewer system could create financial strains for utility agencies resulting in rate hikes on existing customers who have already paid their fair share to be part of that system.
Potential impacts on the community could result in impaired neighborhood character, spillover effects on nearby homes and businesses due to inadequate parking, and loss of privacy for existing homeowners.
AB 2444
Under existing law, programs have been established pursuant to bond acts for, among other things, the development and enhancement of state and local parks and recreational facilities. This bill would enact the California Parks, Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016, which, if approved by the voters, would authorize the issuance of bonds in the amount of $2,985,000,000 pursuant to the State General Obligation Bond Law to finance a parks, water, climate, and coastal protection and outdoor access for all program.
Assembly Bill 2444 proposes the first statewide parks bond since 2002. Passage of the bond would make a variety of funding for park development available at the state, regional and local level. Morgan Hill would be eligible to apply for competitive funding and potentially receive funding on a per capita basis. With the City nearing completion of updating its Bikeways, Trails, Parks and Recreation Master Plan, the City would be able to utilize this potential funding to support implementation of the plan.
For these reasons, staff recommends the City Council adopt a position of support on AB 2444 and authorize a letter to be sent on behalf of the City to Assembly Member Garcia and members of our state delegation.
COMMUNITY ENGAGEMENT: Inform
None
ALTERNATIVE ACTIONS:
Council could not support recommended positions.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
None
FISCAL AND RESOURCE IMPACT:
No fiscal impact at this time. Tracking legislation is a responsibility of the Administrative Analyst in the City Manager's Office.
CEQA (California Environmental Quality Act):
Not a Project
LINKS/ATTACHMENTS:
1. SB 1069 Letter of Opposition
2. AB 2444 Letter of Support
3. SB 1069 Bill Text
4. AB 2444 Bill Text