HomeMy WebLinkAboutCity Council Resolution 02-068RESOLUTION NO. 02-068
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA REQUESTING THAT
GOVERNOT DAMS VETO AB 1866
WHEREAS, existing Planning and Zoning law authorizes a local agency to
provide by ordinance for the creation of second units on parcels zoned for a primary
single-family and multifamily residence; and
WHEREAS, existing law also requires, when a developer of housing proposes
a housing development within the jurisdiction of the local government, that the city,
county, or city and county provide the developer with incentives or concessions for the
production of lower income housing units within the development if the developer meets
specified requirements; and
WHEREAS, Assembly Bill 1866 by Assembly Member Roderick Wright
prohibits a local government from exercising discretionary review when approving a
second unit; and
WHEREAS, AB 1866 makes a number of changes to density bonus law,
including limiting affordability covenants for housing built within a common interest
development to 10 years; and
WHEREAS, AB 1866 provides that the interests of a developer in securing a
density bonus overrides other local policies and laws; and
WHEREAS, AB 1866 establishes a legal process where a court must award
attorney fees, and developers are favored to prevail when they sue local governments; and
WHEREAS, AB 1866 eliminates discretionary review of second units, requires
local governments to provide density bonuses and concessions to developers of housing
affordable to households earning up to 120% of the median income, and places the
private interests of developers ahead of all other public interests through limitations on
development standards; and
WHEREAS, the League of California Cities and other California cities are
opposed to this bill.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
follows:
That the Ciry of Saratoga opposes AB 1866 (Wright), regarding the preemption of local
authority on second units and density bonuses, and requests that the Governor VETO
this legislation.
The above and foregoing resolution was passed and adopted at an adjourned meeting of
the Saratoga City Council held on the 18`h day of September, 2002 by the following vote:
AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith,
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
Nick Streit, Mayor