He is sponsored by the Sunset Beach Women's Club.

We've been in existence.

He's going to be late.

Commissioner Mandick.

Here.

Vice Chair Costa Goldline.

Here.

Chair Burkins?

Commissioner Scandura is going to be late.

And Commissioner Rodriguez.

Here.

Commissioner Ray?

Here.

Okay, we have a quorum.

Okay.

Do we have anyone signed up for study session public comments?

We have no public comments.

Okay, in that case, we will move on to the agenda item for the study session, which is the state housing legislation.

Do we have a staff report?

Yes, we do.

We have uh tonight we have Kathy Head, president of Caesar Marshton and Associates to give the presentation.

Kathy.

Good evening, Planning Commissioners.

As mentioned, I'm Kathy Head, so some of you know me, I think.

So I'm here tonight just to go over some of the major housing legislation that impacts you as a as a city and as a planning commission.

And then after I run through my presentation, then I'm available for questions on anything and everything.

So what I wanted to start with was SB 35.

And SB35 got a ton of press when it was adopted in 2017.

It was sort of considered the major housing legislation of that year.

It actually doesn't have that much of an impact on the city of Huntington Beach in all likelihood, but I want to just run through the requirements of it.

It will likely come up with strictly affordable housing projects primarily for you.

But it was the precursor to other legislation that then came afterwards.

So the threshold standards to whether a city is required to adhere to SB 35 were that not enough building permits had been issued to satisfy RENA obligations by category by income category.

Almost no jurisdiction in California has met that requirement.

So really most jurisdictions in California are subject to the threshold standard.

And I don't believe it's happened here.

But those are the two threshold standards.

And so if somebody comes to you in a private market transaction and wants to do 50% low-income units, then possibly SB 35 would apply.

And then through a finite period of time, the legislation also requires that skilled and trained labor be used.

So the requirements of SB 35 placed on a developer are are also onerous before those requirements are triggered.

So it's just something to keep in mind that if it comes up, you're subject to it.

Exclusions from SB 35 are any coastal or wetlands, properties, anything that's been covenant affordable or it's historic, or anything that's been occupied by a tenant in the last 10 years.

So if a project's being proposed in any of those situations, then SB 35 does not apply.

So I think the key here is having gone through this exercise a number of times.

So anything that doesn't pertain to the city of Huntington Beach, I've left out of the explanation.

So key in in SB330 is our two concepts, timing and objective standards.

Those are the two things that you need to think about in terms of development residential development proposals that come your way timing of approval and the imposition of objective standards.

So what the state has done is said you, the city are required to create an application that provides the objective standards to which any residential development would be subject.

If you don't as a city do that, then a developer or an applicant can come to the city and use an application the housing and community development department of the state of California has created, and that application has been created, so it exists.

So until an application is created in the city, then it and then a developer could come with the HCD application and submit it to you.

Once an applicant submits a preliminary application, no matter how long it takes you, the city to deem it complete, its submittal date is the start of the clock ticking.

After that application has been submitted, the city can't make any changes to ordinances, policies, zoning, or anything that would impact the ability to develop that afford that housing project.

Again, and what needs to be really clear is your application or the HCD application, whichever is pertinent.

You can't ask a developer or an applicant to produce an item and call the application incomplete if that item had not been requested in the pre-application phase.

So you want to be sure that you've got your objective standards all laid out and that you've asked the applicants for everything that you're allowed to ask for because you can't come back and say, oh, we forgot this.

So that's that's an important factor.

So then once you've determined that an application is incomplete and identified the areas in which it's incomplete, then you get a revised application back from the applicant, you have 30 days to analyze that revised application.

And then you have to, as a city, make a final determination on that application no later than 60 days after an appeal.

So, and then after that, an applicant has 180 days following preliminary application to submit a development application.

So that's the timeline.