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Senator Wiener Tweaks Housing "Transit Density Bonus" SB 827 Ahead Of First Committee Hearing (9 Dems, 4 Repubs)


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(April 10, 2018) -- State Senator Scott Wiener (D, SF) has made additional amendments to SB 827 (overrides local zoning, creates housing "transit density bonus") a little over a week before the controversial measure gets its first Committee hearing.

The amendments include the following provisions:

[Scroll down for further.]


  • Requires an "affordable" (subsidized/below market) housing component in all developments except the smallest for projects approved with an SB 827 zoning density bonus.

  • Requires "No Net Loss" in "affordable" units under SB 827. In addition to a "Right to Remain Guarantee" for tenants already in the bill, the amendments require developers to replace each such unit with a permanently "affordable" housing unit on a 1:1 basis.

  • Lowers mandated building heights from as high as 85 feet to 45-55 feet (within the second and first quarter miles of rail and ferry stations), removes building height increases around bus lines but overrides local parking and density limits.

  • Amends definition of qualifying bus stops to mean on weekdays average service intervals of 15 minutes during peak 3 hours between 6-10am and 3-7pm, and 20 minute average service intervals between 6am-10pm, and on weekends, average service intervals of 30 minutes from 8am-10pm.

  • Delays implementation until Jan. 1, 2021 (so local governments can conduct studies, update inclusionary housing ordinances, and adopt specific transit oriented development plans.) However during this period a city may not reduce or eliminate residential zoning designations that would have the effect of limiting the number of parcels where SB 827 applies. There's also a one-time one-year extension if a local government can prove to Sac'to's Housing and Community Development Department that they've made significant good-faith progress.

  • Prevents cities from enforcing parking minimums within ¼ mile of rail or ferry and allows only 0.5 spots/residential units outside of the first quarter mile or around bus stops (consistent with state density bonus law.) Requires a developer to provide recurring monthly transit passes to all residents at no cost.

  • Requires any project approved with an SB 827 zoning bonus to be at least 2/3 residential by square footage.
Sponsor

Sponsor

To view the April 9 amendments in detail, click here. To view a release from Sen. Wiener's office describing his amendments click here. .

In a release, Senator Wiener's office says SB 827 is sponsored by California YIMBY with supporters including the California Building Industry Association, Natural Resources Defense Council, Environment California, Climate Plan, the Council of Infill Builders, the California Apartment Association, the California Association of Realtors, the California Asian Chamber of Commerce, the Local Government Commission, Habitat for Humanity, the Bay Area Council, the Los Angeles Chamber of Commerce, the Los Angeles Business Council, the San Francisco Planning and Urban Research (SPUR), the Silicon Valley Leadership Group, the San Francisco Housing Action Coalition, the Tech Equity Collaborative, the Two Hundred, and a number of other pro-housing-development advocacy groups.

Sponsor


On April 17, SB 827 is scheduled for a hearing in the state Senate Transportation and Housing Committee (comprised of 9 Dems [including Sen. Wiener] and 4 Repubs.) The Committee's haired is Sen. Jim Beall (D, San Jose/Santa Clara County) who has supported legislation providing taxpayer subsidies and governmental incentives to promote housing construction. Sen. Beall was also the point-person for SB 1, the 2017 measure that raised CA's gasoline tax for road repairs [and is now subject of a petition-initiated repeal effort by the Howard Jarvis Taxpayers Association.]

Sponsor

Sponsor

On March 6, the LB City Council voted to oppose SB 827 (most Councilmembers citing loss of local control); other cities opposed to the measure include the city of Los Angeles and city/county of San Francisco. The League of CA Cities (statewide non-governmental advocacy group) has also opposed the measure (prior to its most recent amendments.)


Sponsor

As separately reported in related LBREPORT.com coverage, Beverly Hills' Vice Mayor and Redondo Beach's Mayor are reportedly drafting a state constitutional amendment to prevent Sacramento legislation (such as SB 827) that override local decision making authority on land use and other issues. Aiming To Stop Sac'to Bills That Usurp Local Control, Beverly Hills Vice-Mayor And Redondo Beach Mayor Are Drafting CA Constitutional Amendment To "Protect Communities And Local Rights"

Developing.


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