Janelle Irwin Taylor
A bill that would clarify and expand the 2023 Live Local Act has cleared its final Senate committee, teeing the measure up for a floor vote.
The Senate Rules Committee approved a measure (SB 1730) from Sen. Alexis Calatayud that would mandate that counties and municipalities approve certain multifamily and mixed-use residential developments in certain areas without modifications or special exceptions to existing zoning regulations.
The bill seeks to make it easier to build housing, including affordable housing, by allowing multifamily unit developments to be constructed without land use changes if at least 40% of the units are affordable for a period of no less than 30 years.
It would also create a non-residential use restriction within mixed-use projects to occupy no more than 10% of the total project square footage, ensuring more of the development is dedicated to housing.
Additionally, the bill would restrict local governments from imposing height, density or floor area ratios in new developments below the highest currently allowed, or that was allowed on July 1, 2023, when Live Local took effect, but not to exceed 10 stories in developments next to single-family residential units.
The bill also addresses parking requirements, with a provision that would require, if requested by the developing applicant, an up to 20% reduction in required parking for a development. That provision drew some pushback after Sen. Ed Hooper noted that it could lead to some developments having fewer than one parking space per residential unit.
Other concerns arose during the committee meeting about access to disabled parking spaces, an issue Calatayud acknowledged she did not contemplate in the original bill or amendments to it. She vowed to work to address concerns and the issue did not lead to opposition to moving the bill forward.
Another provision that could come up for debate should the measure hit the Senate floor involves civil action. It would give local governments sued over a violation priority over other pending cases and require a court decision to be rendered expeditiously. It would further require courts to award reasonable attorneys fees of up to $200,000 for the prevailing party.
Sen. Darryl Rouson, a Democrat and a lawyer, cautioned that limiting attorneys fees could mean those seeking redress would have limited access to competent counsel. His concern had already been partially addressed, with the committee substitute to the original bill already increasing the limit on attorneys fees to $200,000, from $100,000 as originally contemplated.
The Live Local Act was a top priority in the 2023 Legislative Session for then-Senate President Kathleen Passidomo, who continues to serve in the Senate and is the Rules Committee Chair this Session. It was a sweeping piece of legislation aimed at encouraging developers to build more affordable housing units, particularly in a way that provides housing where people work.
At the time, it passed unanimously in the Senate and only received six “no” votes in the House. While it received broad bipartisan support, Democrats did offer some pause over a provision that preempted cities and counties from enacting rent control ordinances.
Among other provisions, the Live Local Act provided that developments over the past five years (from the time of enactment) with 70 units or more at rent at least 10% below the local market rate be eligible for property tax exemptions. Additionally, it allowed cities and counties to offer property tax exemptions to developments with at least 50 units if they set aside at least 20% of the units for affordable housing.
Calatayud sponsored the original legislation.
It was also amended in the 2024 Legislative Session, with additional local government preemptions and refined details.
