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Staff warns new state housing law will reduce public hearings on clear-and-objective housing applications
Summary
Planning staff told the commission that House Bill 4037 requires clear-and-objective review paths for many housing projects, would move certain reviews to administrative (staff) processes without public hearings, and limits appeals to the applicant only — reducing the commission's future review role for qualifying housing proposals.
Planning staff briefed the commission on changes from a recently signed state law (referred to in the hearing as House Bill 4037) that took effect July 1. Staff said the bill strengthens requirements that cities provide a clear-and-objective review path for housing; when projects meet those standards, they must be reviewed administratively without a public hearing before the planning commission, and members of the public will not be able to appeal a staff approval to the commission.
Staff explained that local governments can keep a discretionary review path if they choose, but must also maintain a clear-and-objective track. "All applications for housing need to be reviewed against clear and objective standards that are not discretionary," staff said, and added that the opportunity to appeal staff decisions will be limited largely to applicants under the new law. Staff scheduled a work session for Aug. 25 with a housing planner from the Department of Land Conservation and Development to review the law and its rulemaking implications for local code updates.
