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Comments and Concerns <br /> No public review <br /> The hallmark of local government land use decisions has been the public hearing. A public <br /> hearing (1) allows interested members of the community to inform the decision-makers of <br /> their support or opposition to the project; and (2) guarantees that property rights will not be <br /> impacted without the "due process of law." <br /> The Governor's proposal allows the following types of land use decisions to occur without any <br /> public review: <br /> o General plan amendment <br /> o Zone change <br /> o Conditional use permit <br /> o Tentative subdivision map <br /> o Zoning variance <br /> Excluding the elected decision makers <br /> The proposal excludes the elected city council and board of supervisors from land use <br /> decisions. These public officials are elected to represent their constituents and to be available <br /> and responsive. The proposal asks appointed staff, who are not directly accountable to local <br /> voters, to make the policy decisions: this is the arena reserved for elected officials. <br /> Local governments are already required to approve housing but with public <br /> hearings and CEQA review <br /> • Housing Accountability Act (20% lower income; 100% moderate income or middle <br /> income; emergency shelter) (Gov. 65589.5) <br /> Must approve a housing project that is consistent with general plan and zoning ordinance <br /> unless (1) specific adverse impact on public health or safety; (2) housing is not needed; (3) <br /> denial required to comply with state or federal law; (4) project is on land zoned for agriculture <br /> or resource preservation. <br /> • "No net loss" (Gov. 65863) <br /> May not reduce the residential density for any parcel unless remaining sites identified in <br /> housing element are adequate to accommodate RHNA <br /> • Density bonus (Gov. 65915) <br /> Must award density bonus and other concessions and incentives when development includes <br /> 10% lower income, 5% very low income, senior citizen, or 10% for moderate income in <br /> common interest development <br /> • Least cost zoning (Gov. 65913.1) <br /> Must zone sufficient land for residential use with appropriate standards to meet housing <br /> needs for all income categories identified in housing element. When land is zoned, then <br /> Housing Accountability Act requires approval. <br /> 3 <br />