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City of Pleasanton Legislative Platform 2016 • • • K ! AG Ii E° 1400 K Street, 400•Sacramento, 16 L I A , 916.658.8200 Fax: ,.caciyes.org CITIES April 4,2016 Assembly Member Richard H.Bloom Member,State Assembly State Capitol,Room 2003 Sacramento,CA 95814 Re: AB 2501:Honsine:density bonuses NOTICE OF OPPOSITION Dear Assembly Members Bloom and Low, The League of Califomia Cities regrets to inform you of its opposition to AB 2501 because it would violate the separation of powers,limit the ability of a city to interpret its own development standards, and impose unrealistic timelines,while diminishing the role of planning commissions. As written,AB 2501 would make significant changes to existing law.It requires a city to take action on the density bonus within 60 days of finding the application complete. This is too short a time frame for those applications for a density bonus that are filed in conjunction with another land use approval(e.g.conditional use permit,subdivision map,etc.).Most applications for a density bonus are made in conjunction with an application for a land use approval that requires a public hearing and takes longer to process.Typically a city will process the granting of the density bonus in conjunction with the processing of the application.A city should not grant a density bonus before it approves the project that the density bonus is attached. The League finds several other facets of the bill problematic.These include: • Amending the law to require a city to provide"incentives,concessions,or waiver or reduction of development standards."This language infringes on a city's ability under existing law to reduce development standards without waiving them entirely. • Prohibiting a city from providing public notice or holding a public hearing on the application for a density bonus and providing that granting a density bonus is a ministerial act Most applications for a density bonus are made in conjunction with an application for a land-use approval that does require public notice and a public hearing.Staff reports for such hearings typically mention the density bonus.In addition,stating that granting a density bonus is a ministerial act limits the discretion of a city to approving the concessions and incentives that a developer requests. • Prohibiting a city from imposing an"additional fee"or requiring an"additional report or study"this is not otherwise required by any other applicable law.Under existing law,a city may charge a fee to process an application for a density bonus,as authorized under the Planning and Zoning Law for processing applications. 24IPage