HomeMy WebLinkAboutPH 3 ZONING ORD 83-2 08-... (2)BATE:
July 25, 1983
· JBLIC HEARING NO. 3
Inter- Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
Community Development Department
Amendment to the Zoning Ordinance No. 83-2
Second Units in Single-Family and Multi-Family Residential Units
BACKGROUND
Government Code Sections 65852.1 and 65852.2 requires cities to allow
second units on single-family and multi-family zones and permits cities to
adopt an ordinance regulating the creation of these units. This
legislation stems from two State bills, SB 1160 (Mello) and SB 1584
(Mello). SB 1160 (Mello) all owed c~ties to permit secondary units on
single-family lots for the elderly if they felt these units.were
appropriate. SB 1584 mandates that cities will permit second units on
single- and multi-family zoned lots.
To meet the mandate of SB 1584, the City has three choices. It can: 1)
make certain findings to declare itself exempt from the statute, but these~
specific findings are difficult to prove and open to legal challenge; 2) do
nothing and be required to issue these permits subject to the State's
requirements; or 3) adopt your own ordinance.
A joint Commission/Council workshop was held to discuss this matter and it
was the recommendation of both bodies to prepare an ordinance to regulate
the use of second units in single- and multi-family zones. At its
regularly scheduled meeting, the Planning Commission directed staff to
advertise for the proposed zoning ordinance change.
BISCUSSION
The contents of the second unit ordinance will be based on provisions
outlined in state statutes, which include:
1. Areas may be designated in the jurisdiction where second units are
permitted.
2. The designated areas must be based on certain criteria or findings.
The interpretation of these two sections, when taken together, gives the
City the ability to utilize very broad criteria to designate area to
assure that there will not be an adverse impact upon the public heal th,
safety and welfare of the community.
Second Units in Single-Family & Multi-Family Residential Zones
July 25, 1983
Page 2
Development standards may be imposed on second units.
A city may, in its discretion, find that second units provided for
do not exceed the allowable density for the lot upon which it is
located and is consistent with the general plan and zoning
designation.
Second units created cannot be counted toward a growth control
ordinance.
6. A city may establisha process for the issuance of a conditional use
permit.
Within the City, the E-4 district will provide the greatest opportunity for
second units without impacting the surrounding neighborhoods. The 10,000
square foot lots and eighty (80) foot frontage will be adequate to
accommodate a 30'x24' structure along with an additional on-site covered
parking space. The wider lots would provide more street frontage for
on-street parking. The addition would not increase the density beyond that
authorized for Planned Development district.
Permitting a second unit in the R-3 district would have no adverse impact
since density would be less than that permitted within the district.
The addition of a second unit will be by use permit subject to the
following development standards:
1. The owner of the property must reside at the site.
2. A detached unit cannot exceed 650 square feet in area.
3. One additional covered on-site parking space is required.
Maximum lot coverage for a detached unit cannot exceed 30% of the
rear yard.
An attached unit cannot exceed 10% of the gross floor area of the
existing structure.
FINOINGS
In order to meet the State's provisions, the City should state findings
demonstrating why second units are allowed in the E-4 and R-3 districts and
precluded in other residential districts.
Local residential units within the E-4 district-and the R-3
district do not exceed the allowable density for the lot on which
it is located and that second units are a residential use
consistent with the existing General Plan.
Second Units in Single-Family & Multi-Family Residential Zones
July 25, 1983
Page 3
The 80 foot frontage and 10,000 square foot lots of the E-4
district can accommodate residential units without adverse impacts
upon the density or neighborhood amenities of the E-4 district as
related to parking accommodations and lot coverage.
3. Second units within the R-3 district are in conformance with
density and development standards and lot coverage.
The creation of second units in residential districts other than.
E-4 and R-3 will adversely impact the community due to the limited
10t frontage available for on-street parking, the absence of
on-site lot width to accommodate parking requirements and set-backs
from adjoining structures, constric{ing adequate light and air
spaces for adjoining residential structures, and the potential for
hazards to health and safety due to restricted accessibility to
second units where existing properties are developed with minimum
sideyard setbacks.
RECOI, IqENDED A~TION
Staff recommends the Planning Commission recommend to the City Council an
amendment to the Zoning Ordinance authorizing second units in the E-4 and
R-3 districts by adoption of attached Resolution No. 2096.
ASSOCIATE PLANNER
EMK:jh
Attachments: Resolution No. 2096
RESOLUTION NO. 2096
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL
OF AMENDMENT NO. 83-2 TO THE ZONING ORDINANCE
AUTHORIZING SECOND RESIDENTIAL UNITS IN THE E-4
AND R-3 DISTRICTS AND ESTABLISHING CRITERIA
4 The Planning Commission of the City of Tustin, California does
hereby resolve as follows:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
23
24
25
1!6
27
I. The Planning Commission finds and determines as follows:
a. That Section 65852.2 of the Government Code of the
State of California (Planning and Zoning Law) authorizes
the creation of second units in single-family and
multi-family residential zones and areas may be
designated within the City where second units are
permitted.
b. That the designation of areas for second units may
be based on criteria and development standards may be
'imposed.
c. That a public hearing was duly called, noticed and
held on the proposed amendment to the Zoning Ordinance.
d. The Planning Commission hereby makes the following
findings of fact:
Local residential units within the E-4 District and
the R-3 District do not exceed the allowable density
for the lot on which it is located and that second
units are a residential use consistent with the
existing General Plan and zoning designations for the
lot.
The authorization of second residential units will
provide partial accommodation of the housing needs
specified in the Regional Allocation Housing Model to
be incorporated in revisions of the Housing Element
of the Tustin Area General Plan.
The 80-foot frontage and 10,000 square foot lots of
the E-4 District can accommodate residential units
without adverse impacts upon the density or
neighborhood amenities of the E-4 District as related
to parking accommodations and lot coverage.
Second units within the R-3 District are in
conformance with density and development standards
and lot coverage.
28
Resolution No. 2096
July 25, 1983
Page 2
2
3
4
Pursuant to Section 21080 (b)(17) of the Public
Resources Code of the State of California., the
creation of a second residential unit is exempt from
the requirements of the California Environmental
Quality Act.
6
7
8
9
10
The creation of second units in residential districts
other than E-4 and R-3 will adversely impact the
community due to the limited lot frontage available
for On-street parking, the absence of on-site lot
width to accommodate parking requirements and
set-backs from adjoining structures, constricting of
adequate light and air spaces for adjoining
residential structures, and the potential for hazards
to health and safety due to restricted accessibility
to second units where existing properties are
developed with minimum sideyard setbacks.
11
12
13
The protection of the amenities of a residential
district authorized second unit can be assured by a
public hearing, use permit, and the application of
criteria and development standards for the second
residential units.
14
15
The Planning Commission hereby recommends to the City Council
amendments to the Zoning Ordinance (Ordinance 157) and the
Tustin City Code as follows:
16 9222 RESIDENTIAL ESTATE DISTRICT (E-4)
17 a .....
18 b. Conditionally Permitted Uses and Development Standards
19 1 .....
20 2 .....
21
22
Detached second residential units when the lot is developed
with a single-family residence subject to a use permit and
the following criteria:
23
24
25
26
27
a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum front yard setback: 50 feet
c. Minimum side yard setback: corner lot line-lO feet,
interior lot line-5 feet;
d. Minimum rear yard setback: 5 feet;
e. Maximum floor area: 650 square feet;
f. Parking requirement: 1 covered space (carport or garage)
28
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
112
23
21
25
26
27
28
Resolution No. 2096
July 25, 1983
Page 3
Consistency of second unit with materials and design of
primary unit;
The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed[
e
Attached second residential units when lot is developed with
a single-family residence subject to a use permit and the
following criteria:
a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
b. The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable living area,
excluding garages and accessory buildings;
c. Parking requirement: One (1) covered space (carport or
garage) in addition to the two (2) garage spaces
required for the primary residential unit;
d. The applicant for a permit and occupant of one of the
dwelling units shall 'be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
9266 MULTIPLE-FAMILY RESIDENTIAL DISTRICT (R-3)
b. Conditionally Permitted Uses and Development Standards
6. Detached second residential unit when the lot is developed
with a single-family residence subject to a use permit and the
following criteria:
a. Maximum lot coverage: 30 percent of rear yard;
b. Minimum side yard setback: corner lot line-lO feet,
interior lot line-5 feet;
c. Minimum rear yard setback: 6 feet;
d. Maximum floor area: 650 square feet;
e. Parking requirement: 1 covered space (carport or garage)
f. Consistency of second unit with materials and design of
primary unit;
g. Minimum front yard setback: 50 feet
h. The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
Attached second residential Units when lot is developed with
a single-family resident subject to a use permit and the
following criteria:
5
6
7
8
9
10
I!
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Resolution No. 2096
July 25, 1983
Page 4
a. The unit shall be attached to an existing residence and
a part of the living area of the existing dwelling;
The added unit shall not exceed 10 percent of the gross
floor area of the existing inhabitable living area,
excluding garages and accessory buildings;
Parking requirement: One (1) covered space (carport or
garage) in addition to the two (2) garage spaces
required for the primary residential units;
ee
The applicant for a permit and occupant of one of the
dwelling units shall be an owner-occupant and such
restriction of occupancy shall be recorded on the
property deed.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the day of , 1983.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
Ch.
· .40 STATUTES OF 1982
HOUSING~ZONING--SE COND-FAYlILY UNITS
Senate Bill No. 15,'14
CHAFTER 1440
An act to amend. Section 6..~_1 of, and to a~id Section 6585~.2 to,
the Government Code, and to amend Section 111080 of the Public
Resources Code, relating to housing.
[Approved by Governor September 27, 198~ F'ded with Secretary of State ~ptemb~r 117, 198i.] .
LECZSLtTlV£ ¢OUNS£L'S DICEST
SB 1534, Mello. Housing: single-family lots; second-family urgts.
Under exisiing law, a city or county may, by ordinance, designate
various zones within the city or county and specify the uses which
may be permitted on the land within those zones. Within such zones
the city or county may condition certain uses or require special use
permits or zoning variances for certain uses.
This bill would authorize any city, including a chartered city,
county, or city ~nd codnty to provide, by ordinance, for the creation
o£ second umts, as defined, in single-family and multifamily
residential zones. In the event that any of those entities do not adopt
an ordinance governing second units,' the bill would,
notwithstanding specified provisions of existing law, require each
hc
ck
e~
so
th
th
in
~~7: city, including a charter city, county, and city and county to grant a
~-~~ special use or a conditional use permit for the creation of.a second
ii~ ~~ on a lot which is zoned for single-family or multifarnily use and which
,- . attached residential unit, which is only intended for rental purposes,
~c-~-,*-- contains an existing single-family detached unit, if the second unit
~~ complies with Specified provisions. The bill would prohibit any city,
including a chartered city, county, or city and county from adopting
~.~-~,~;~__._:~ an ordinance which totally preclude second units within
._~-~-~. ! single-family and muitifarnily zoned areas unless the ordinance
. ~ contains prescribed Findings. This bill would exempt the creation of
a second residential unit from the California Environmental Quality
' ,ct.
...... {7": - - This bill would require jurisdictions adopting ordinances for the
;:~ '"~ .... i creation of the second units to submit a copy of it to the Department
~ of Homing md Community Development for submission to the
~~t Legislature. This bill would make other changes necessary for the
pleme.tation of h U.
Article XIII B of the California Constitution and Sections 2~31 and
a-~ '~ '~ 2234 of the Revenue and Taxation Code require the state to
reimburse local agencies and school districts for certain cost~
-~-~, - mandated by the state. Other provisions require the Department of
Finance to review statutes disclaiming these co~ts and provide, in
! :. 7752
re:
£o~
of
no
Section 6,5&5~ to,
1080 of the Public
cond-fam.fl¥ unit&
tinance, designate
ac>· the uses wb./ch
Within such zones
equire specia] use
a chartered elt3,,
e, for the creation
and m,,Itifamily
fities do not adopt
~e bib would,
aw, require each
county to grant a
a~ion of.a second
r r 1 purposes,
,hi) .~e and which
~ the second unit
prohibit any city,
ty from adopting
d units with/n
s the ordinance
)t the creation of
)nraental Quality
dinances for the
the Department
~bmission to the
~ecessary for the
ections 2231 and
re the state to
)r certain costs
~ Department of
and .provide, in
~981-!982 REGULAR SESS*' T Ch. 1440
cer~uin cases, for making claims to th~ State Board of ~ontrol for
reimbursement.
However, this bill would provide that no appropriation is made
and no reimbursement is required by this act for a specified reason.
The people of ~e State o[ CMitorr~a do enact as
SECTION 1. (a) The Legislature finds and-declares that there is
an tremendous unmet need for new housing to 'shelter Califo~'s
population. The unmet housing needs will be further aggravated by
the severe eutbaclm in federal housing progrums. '.
(b) The Legislature finds and declares that C-lffornia's existing
housing resourc~ are vastly underu~ili~ecl due in large part to the
changes in social patterns. The improved ui-ili~tion of this state's
existing housing resources offers an innovative and cost-effective
solution to ~}ffornia's ho~k~ing crisis.
(c) The Legislature'finds and declares that the state has a role in
increasing the utilization of California's housing resources and- in
reducing the barriers to the provision of affordable housing.
(d) The Legislature finds and declares that there are many
benefits associated with the creation of second-family residentia]
units on existing singl~-family lots, which include:
(1) Providing a cost-effective meat~ of serving development
through the rise of existing infrastructures, as contrasted to requiring
the construction of new costly infrastructures to serve development
in undeveloped areas.
(2) Providing relatively affordable housing for low- and
moderate-income households without public subsidy.
(3) Providing a me~ns for purchasers of new or exisling homes, or
beth, to meet payments on high interest loans.
(4) Providing security for homeowners who fear both criminal
intrusion and personal accidents while alone.
SEC. ~. Section 6&~t. 1 of the Government Code is.amended to
read:
688,5~1. Notwithstanding Section 6,5B06, any city, including a
charter city, county, or ~ity and county may is.me a ioning variance,
special use permit, or conditional use permit for. a dwelling unit to
be constructed, or attached to, a primary residence on a parcel zoned
for a single-family residence, if the dwelling unit is intended for the
sole occupancy of one adult or two adult persons who are 60 years
of age-or over, and the area of floor space of the dwelling unit does
not exceed 640 square feet,.
This section shall not be construed to limit the requirements of
Section 6,5~ or'the power of local governments to permit second
SEC_,. 'P. Section 658,52.~ is added tO the G~vernment Gode, to
re~d:
658~P,17,. (a) Any city, including a chartered city, county, or city
and county, may by ordinance provide for the creation of second
SJco,ed by und~dine symbol 9' indlcmt~s text delefl.n 7753
Ch. 1440 STATUTES OF 1982
units in single-family and muliifamily residential zones consistent
with the following provisions:
. (1) Areas may be designated in the jurisdiction where second
units are p~,,.Jtted.
(2) The designation of ~reas may be based on criteria, which may
include, but are not limited to, the adequacy of' water and sewer
services and the ffnpact o£ second unitz on traffic flow.
(3) Standards may be imposed on second units which include, but.
are not limited to, paricing, height, setback, 'lot coverage,-
architectural review, and maximum size of the uniL
· . (4) A city including a chartered city, county or city'and county
may, in its discretion, find that second units provided for do r~ot
exceed the allowable density for the lot upon which it is lecated, and
' find that second un.its are a residential use which is consistent with
the existing general plan and zoning designation for the lot.
($) The second units created shaft not be considered'in the ~
application of' any local ordinance, policy, or prograrn to limit
residential growth, l
(6) A city, including a chartered city, county, or city anbl county -'
may establish a process for the issuance of' a conditional use permit 1
for second units.
(b) When a city, including a chartered city, county, or city and i - t
county, which has not adopted an ordinance governing second units ; ¢
in accordance with subdivision (a) or (c), receives its first
application on or after July 1, 198,3, for a conditional use permit -
pursuant to this subdivision, the jurisdiction shall accept'the c
application and approve or disapprove it pursuant to this subdivision 1:
unless it adopts an ordinance in accordance with subdivision (a) or
(c) wiflx/n 1P,0 days after receiving the application. Notwithstanding
the provisions of Se.c. tion' 68901, .each city, includ/ng a charter city,
county, or city and county shall grant h special use or a conditional
use permit for the creation of' a second residential unit if it complies o.
(1) The unit is not intended for sale and may be rented, r,
(3) The lot contains an existing single-family detached unit.
(4) The second unit is attached to the existing residence and is a:
located within the living area of the existing dwelling.
(~) Whenever an increase in floor area is involved, it shall not
exceed 10 percent of the existing living area. s~
({3) Any construction shall conform to height, setback, lot
coverage, drehitectural review,, site plan review, tees, charges, and
other zoning requirements generally applicable to residential (:
construction in the zone in which the property is located.- o'
(7) Local building cede requirements which apply to additions to d,
'existing single-family dwellings, as appropriate, t~
(8) Approval by the local health officer where a private, sewage b'
disposal system is being used, if required, ti
As used in this subdivision, "living area" means the in/erior le
inhabitable area of a dwelling anit including basements and attics
and shaft not include a garage or any accessory structure.
4 1951-19S2 REGULAR SESS_ .N Ch. 1440
· No other local ordinance, policy, or regulation, shall be the basis for
' the denial of a building permit or a use permit under this subdivision.
~, This subdivision establishes the maximum standards that cities,
{ including charter cities, counties, and cities and counties shall use to
· evaluate proposed second residential umts on lots zoned for
~ residential use which Contain an existing single-family detached unit.
No additional standards, other than those provided in this section,
', shallbeutilizedorimposed, unlessthereisarequirementthatan
~1 owner-occupant.applicant for a permit issued pursUant to this subdivision shall:be an
" This section shall not be construed to limit the authority of cities,
counties, and cities and counties which adopt tess restrictive
~ requirements 'for the creation of second residential units.
4 No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement the
- provisions of this subdivision. Any city, county, or city and county
" may amend its zoning ordinance or general plan to incorporate the
" policies, procedures, or other provisions applicable to the creation of
second residential units if these provisions are consistent with the
limitations of this subdivision.
A second residential unit which conforms to the requirements of
this subdivision Shall not be considered to exceed the allowable
density for the' lot upon which it is located, and shall be deemed to
be a residential use which is consistent with the existing general plan
and zoning designations for the lot. The second units shaft not be
considered in the application, of any local ordinance, policy, Or
program to limit residential growth.
(e) No city, including a charter city, 'county, or city and county
;' shall adopt an ordinance ~hieh l~otally precludes second units within'
~- single-family and multifamily zoned areas unless the ordinance
~ contains findings acknowledging that such action may limit housing
': opportunities of the region and fqrther contains findings that specific
adverse impacts on the public health, safety, and welfare that would
~ result from allowing second units within single-family and
i multifamily zoned areas justify adopting such an ordinance.
; (d) As used in the section, a "second unit" is either a detached or
' attached dwelling unit which provides complete, independent living
: facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel or parcels as the primary unit is situated.
(e) This section shall become operative on July I, 1983.'
(ir) Jurisdictions which adopt ordinances pursuant to subdivision
to residential (a) or (e) shall submit a copy ofsuch.'ordinanees to the Department
ocated. · i of Housing and Community Development within 60 days. The
v to additions to ~ department shah submit a report to the Leg/slat-tire, which shall
i transmit the report to the appropriate committees of the Legislattire
private sewage : by January 1, 1984. The report shall evaluate the implementation of
{ this section by local governments and suggest any appropriate
ns the interior I legislative changes. '
~ents and attics ~ SEC. 4. Section 21080 of the Public Resources Code is amended
icture, to read: '
.~:~~~.' ~ ...... '-- . ~. ., =,~'.~,',,-,~'~"~' .zE''~ ' ~ -..
zo~nes consistent
n .,,,ere second
teria, which may
,.'ater and sewer
riO*AL
b. ich include, but
, lot coverage,
it.
city'and county
.-ided for do not
it is located, and
s consistent with
or the lot.
nsidered in the
rogram to limit
city and count)'
ional use permit
:nt)', or ciD' and
lng second units
~ceives its first
onal use permit
~all accept the
this subdi~'ision
~bdiv/sion (a) or
%_q,,-~ thstandin g
g arter city,
o~ ,~ Conditional
mt if it complies
~ rented.
r~fly use.
ached unit.
esidence and is
ng.
.'ed. it shall not
setback, lot
charges, and
Ch. 1-/40 STATUTES OF
21080~ (a) Except as other~se provided in tl~is division, this
div-'~o~ shall apply to discretionary projects proposed to I:m carried
out or approved by public agencies, including, but not limited to, the
enactment and amendment of zoning ordinances, the i~uance of
zor~ug variances, the issuance of conditional use permits~ and the
approval of tentative sub~livi~ion maps (except where the project is
exempt, from the preparation of an enviromnent~l impact report
pursuant to SeCtion 21166). . .
(b) This division sh~ll not avvl~ to the following: '.
· (1) l~ir.~i.~terial projects proposed to be carried out or appro,~ed by
public agencie~
· (2) Emergency repair~ to public service ~aciiities necemary to
maintain service.
(3) Projects undertaken, carried out, or approved by a PUblic
agency to maint~da% repair, restore, demolish, or replace property or
facilities datnaged or destroyed as a result of a disaster in a
disaster-stricken arem in which a state of emergency has
proclaimed by the Governor pursuant to Chapter 7 (commencing
with Section 8,~0) of Division 1 of Title I~ of the Government Gode.
(4) Specific actionsVr~ecessary to prevent or mitigate an
emergency.
(5) Projects'which a pul~lic agency rejects or disapproves.
(6) Actions undertaken hy a public agency relating to any thermal
powerplant site or i~aeility, including the expenditure, obligation, or
encumbrance of funds by a public agency for plm'mlug, engineering,
or design purposes, or for the conditiorml role or purchase of
equipment, fuel, water (except groundwater), steam, or power for
a thermal powerplant, if the powerplant ~ite and related facility will
be the subject of an environmenta] impact report or negative
declaration or other document, or documents, prepared pursuant to
.a regulatory program certified pursuant to Section.21080.$, which
Will be prepared by the State Energy Resources Comervation and
Development Comm;~6on, by the Public Utilities Commission, or by
the city or county in whi¢l~ the powerplant a_,id related faci/ity would
be located; provided that the environmental impact report, negative
declaration or other document, or documents, shall include the
environmental impact, if any, of the action described in this
p~ragraph.
(7) Activities or approvals necessary to the bidding for, hosting or
staging of, and funding or carrying out of, an Olympic games under
the authority of the International Olympic Committee, except for
the construction of facilities necessary for the Olympic-games.
(8) The.establishment, modification, structuring, restructuring, or
approval of rates, toils, fares or other charges by public agencies
wb. ich the public agency Finds are for the purpose of (1) meeting
operal~ng expenses, including .employee wage rates and fringe
benefits, (2) purchasing or leasing supplies, equipment or materials,
(3) meeting financial reserve needs and requirements, (4) obtaining
funds for capital projects, necessary 'to maintain service withi_u
existing service are~.% or (5) obtaining funds necessary to r~utain
7756 ch.ne,, or additions in' text are indicated by underline
~ tJ~ division, this
>~ '- ' to be card~
t n,..,rnited to, the
es, ~e issu~ce of
,'here ~e project ~
nt~ ~pact repo~
ing:
out or approved hy
ljties neceszary · to
-oved by a public
eplace property or
£ a disaster in a
;rgency has beell
~r 7 (commencing
:overnment Code.
or mitigate an
isapproves~
ng to nny thermal
u'e, Obligation, or
.Lug, engineering,
or purchase of
am, or power for
dated facility will
~o~__~_ or negative
~ )~LrStlailt to
a ..U~).~, which
:omer~ation and
ecl facility would
report, negative'
~all include the
~scribed in
:g for, hosting or
~ic games under
tree, except for
~pic gam~.
e~h ~lct'ul-ing, or
~ublic agencies
of (1) meeting
res and fringe
nt or materials,
s, (4) obtaining
serv/ce within
]9S1-1952 REGULAR SESSioN Ch. 1440
those intracitv transfers as are authorized by cio charter. The public
agency shall incorporate written findings in the redord of any
proceeding in which an exemprion under, this paragraph is claimed
setting forth with specificity the basis for the claim of exemption.
(9) Actions taken prior to January 1, 1987, by a public agency
to implement the transition fi.om the property taxation system in
effect prior to June 1, 19/8, to the sysl~em provided for by Article
XIII A of the CalU'omia Constitution or (2) to respond to a reduction
in federal fimds. Those actions shall be limited to projects defined in
subdivision (a) or (b) of Secti'on 111065 which initiate or increase fees,
rates, or charges charged for any existing public service, program, or
activity; reduce or eliminate the availability of an existing public
service, program, or activity; close publicly owned or operated
facilities; or reduce or eliminate the availability of an existing
publicly owned transit service, program, or activity.
(10) Ail classes of projects designated pursuant to Section 21084.
(11) A project for the institution or increase of passenger or
commuter service' on rail lines already in use, including the
modernization of existing stations and parking facilitieS.
(12) A project, for the institution or increase of passenger or
commuter service on high-occupancy vehicle lanes already in use,
including the modernization of existing stations and pm'king
facilities.
(13) Facility extensions not to exceed four miles in length which
are required for transfer of passengers from or to exclusive public
mass txansit ~uideway or busway public transit services.
(14) A project for the development of a regional rransportat/on
improvement program or the state transportation improvement
program.
. (15) Any project or portion thereof located in another state which
will be subject to environmental impact review pursuant to the
National Environmental Policy Act of 1969 or similar state laws of
that state. Any emissions ~ discharges that would have a sig'nii:icant
effect on the environment in the State of CalLrornia are subject to this
division.
(1O) Projects un~lertaken by a local agency to implement a rule'or
regulation imposed by a state agency, board, or commission under a
certified regulatory program pursuant to Sect/on 21080.5. Any
site-specific effect of the project which was not analyzed as a
si~mii:icant effect in the plan or other written documentation
required by Section 21080.5 is subject to this divis/on.
(17) The creation of a secon~t residenti'al un/t oursuant to Section
658~2.2 of the Government Code.
(c)VIF a lead agency determines that a proposed, project, not
otherwise exempt ~rom the provisions of this division, does not have
a significant effect on the environment, the lead. agency shall adopt
a negative declaration to that effect.
SEC. 5. No appropriation is made and no reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
wy to maintain
afKI b~ underline ; symbol q7 indicates text deletion 7757
~..~ .~-~.~ .......... ~-~ . -.~ - -~- ~ -~ ' - ~r~ -'
Ch. l .,0 '
STATUTES OF 1982
CaLifornia Constitution or Section 22,31 or 29.34 of the Revenue and
Taxation Code because ~he local agency or school distr~ct has the
authority to lev), service chaxges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act.
HOUSING--FINANCE--BONDING LIMITATIONS
Assembly Bill No. 16,5
CHAPTER 1~1
An act to amend Section 51050 of the Health and Safer)' Code,
relating to housing, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.
[Approved by Governor Septeml~r 27, 198~. Filed with
Se~retzry o£ State ~ptem~r ~7, 198~]
LEGISLATWE COUNSEL'S DIGEST
A.B 1'~5, McCarthy. California Housing Finance Agency: bonding
limitations.
~dsting-law authorizes the CaLifornia Housing Finance Agency to.
issue revenue bonds in an amount not exceeding $1,500,000,000
outstanding at any lime, exclusive of indebtedness incurred to
refund or renew previously.issued bonds at the agency.
This b/Il would increase such Limitation on outstanding bonded
indebtedness by $350,000,000 to a total of $1,850,000,000, exclusive of
indebtedness'incurred t° refund or renew previously issued bonds of
the agency. :
The proceeds of the sa~e of bonds of the agency are required to be
paid, after allocation of certain expenses, to the California Housing
Finance Fund, and such fund is continuously appropriated to the
agency. This bill, therefore, constitutes an appropriation of that
portion of the proceeds of the additiona/revenue bonds authorized
by the bill which is deposited in the California Housing Finance
L'po
10-d;
t:~n'
h, enc
t~.e a
· e p
~dl
Fund. ; bench
This biff would take effect ira. mediately as an urgency statute.
Appropriation: yes. of
Th~ people of the State of Oallforrda do enact as £o/]ows: ~, bond~
SECTION 1. Section 51380 of the Health and Safety Code is
I ref-a.m,
amended to read: ' (e)
51350. (a) 'l~ne agency may from time to t'Lme, ',ffter action of the b~r_ds
Housing. Bond Credit Committee as provided in Section 51360, issue .
itsVbonds in such principa/amount as the agency shaft deterrn/ne to
be necessary to provide sufficient funds for financing housing ~ to.ab