24 - Laserfiche WebLink

Issuance of Building Permits The Court Order requires the City to cease issuing non residential building permits and all related building permits for any construction or development until the City brings its General Plan into compliance with the requirements of State Law. As a result, the Council's goal has been to restore the City's permitting authority as quickly as possible and this interest was one of the fundamental reasons for entering into a settlement agreement. Further, the City's legal counsel has advised that pursuing additional litigation would likely result in retention of the permit restriction for some undetermined period in the future. The Tentative Agreement provides that upon its approval, permits will be approved by the Petitioner and Intervenor subject to an interim review process to be agreed upon by the parties, likely allowing for immediate approval of applications that do not increase square footage, and such interim process would apply only to the period between approval by the City Council of the Tentative Agreement and execution of the final settlement agreement (i.e. for approximately a one month). The City's full permitting authority will be restored unconditionally at the time settlement agreement is approved by the City Council (scheduled for August 17). SUMMARY OF MATTERS NOT SPECIFIC TO THE COURT ORDER As the Council is aware, the Court did not rule on all matters of litigation. Specifically, it did not rule on claims of housing discrimination and the inadequacy of the City's General Plan's Environmental Impact Report analysis of green house gas impacts. Because one of the City Council's goals was to resolve all litigation, the Tentative Agreement includes matters not addressed in the Court's March 12, 2010 order. A summary of these are as follows. Non Discrimination The Tentative Agreement requires City Council adoption of a resolution approving certain non discrimination housing policies. The resolution, which is included as Attachment A to the Tentative Agreement, includes a specific statement of non discrimination and a requirement for the City Manager to report regularly to the City Council on the City's efforts to fulfill the non discrimination policy and the City's plans and proposals to attract well designed affordable housing for families with children in the future. Staff believes this resolution is not substantially different from the City's existing non discrimination policies set forth in the existing Housing Element, and as applied by the City. Environmental Matters To address concerns raised regarding the adequacy of the greenhouse analysis prepared as part of the General Plan's Environmental Impact Report, the City is agreeing to prepare a Climate Action Plan, following the completion of an environmental impact report. It is important to note that the adoption of such a plan is also a requirement of state law (e.g. AB 32) and highly encouraged by the Bay Area Air Quality Management District. It is also a requirement of the City's General Plan. The Climate Action Plan will Page 7 of 9