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Land Use Impacting SB 827 (Offers Developers Density Bonuses Overriding Local Zoning For Multi-Story Housing Near Transit) Will Get First Committee Hearing April 17, 3:30 p.m.


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(April 16, 2018, 9:30 p.m.) -- SB 827, a locally and statewide impactful bill that would offer "density bonuses" and override local zoning to provide economic incentives to developers building multi-story residential buildings at specified distances from public transit, will receive its first Committee hearing on Tuesday afternoon, April 17 at 3:30 p.m.

LBREPORT.com plans to carry a LIVE VIDEO stream of the hearing www.LBREPORT.com

SB 827 (full text as most recently amended here) by state Senator Scott Wiener (D, SF) will be heard by the state Senate's Transportation and Housing Committee (one member from So Cal: state Senator Ben Allen (D, Redondo Beach), the rest from No. Cal: Beall, Cannella, Dodd, Gaines, Galgiani, McGuire)

On March 6, the LB City Council voted 9-0 [action first agendized by Councilmembers Mungo, Austin and Supernaw] to oppose SB 827 (joining multiple other CA cities as well as the League of CA Cities in opposition.) On March 13, the City sent a respectful but firmly worded letter of opposition regarding SB 827, signed by City Manager Pat West, to Senator Wiener (cc'd to Sac'to LB-area lawmakers and the Transportation and Housing Committee.) To view the City of LB's letter, click here.

[Scroll down for further.]


The Committee staff's analysis of the bill includes a lengthy list of SB 827's supporters and opponents, see pp. 17-22, click here. Although the Committee analysis didn't list LB among opponents, City of LB Manager of Government Affairs, Diana Tang, tells LBREPORT.com that "The City is definitely still in opposition to the bill and will have a representative at the hearing to testify to that fact." (Ms. Tang adds that she'll be looking into what happened re the Committee-staff listed opponents.)

The Committee staff's analysis suggests at least two possible changes to the bill: (1) removing bus service from the bill as a density bonus trigger ("Given the potential for unpredictable bus service, which could lead to confusion for both developers seeking to use the benefits of this bill, as well as local governments for planning purposes...") and (2) delaying the bill's implementation for five years (instead of, as currently written, effective Jan. 1, 2021 with a one year extension if Sac'to's Housing agency approves.) It also suggests two "alternative" approaches: :

b) Set state-minimums for density and affordability requirements on vacant and redevelopment properties. This would allow each jurisdiction to determine how best to meet these minimums and would require allow for regional and geographic differences around the state.

Another solution is to allow interested stakeholders, including local governments, housing and equity partners, and developers, to convene a working group in the fall to create an alternative approach that achieves the authorís stated goals.

[It won't be clear until the Committee hearing whether its member Senators or SB 827's author are amenable to all or some or none of these suggested changes.]

SB 827 is also "double-referred" (meaning it must also be heard/approved) by the state Senate's Governance and Finance Committee...and that Committee does have some local representatives on it, including (vice chair) state Senator Janet Nguyen (R, SE LB-west OC) and state Senator Ricardo Lara (D, LB-Huntington Park.) Sen. Nguyen is seeking re-election in June/November 2018. Sen. Lara running for State Insurance Commissioner in November 2018.

SB 828 is also advancing

One week after its hearing on SB 827, the Senate's Housing and Transportation Committee will hear SB 828, another housing-related bill by Senator Wiener, that in some respects could result in even greater impacts locally and regionally. As previously reported by LBREPORT.com, SB 828 (full text as most recently amended here) would require cities to accommodate 200% of very low and low-income housing (below market/subsidized) in their housing elements to reflect "need" decided regional bodies (such as the So. Cal Ass'n of Gov'ts/SCAG.) It would also require that regional (SCAG) numbers "not demonstrate disparities that promote racial or wealth disparities," prohibit regional bodies/SCAG "from considering [a city's] prior underproduction of housing in order to justify a lower allocation." SB 828 would further require Sac'to's Dept. of Housing & Community Development "to address the historic underproduction of housing in California, particularly in coastal and metropolitan communities" with a "comprehensive audit of unmet housing needs for each region and to add the results of this audit to the next regional housing allocations after January 1, 2019."

To date, neither the LB City Council's "State Legislation Committee" (Austin, Mungo, Gonzalez) nor the full City Council have discussed or taken a specific voted position on SB 828 (introduced Jan 3 with its significant amendments added March 14) in advance of SB 828's April 24 Committee hearing.

Developing. Stay with LBRPEORT.com for continuing detailed coverage of locally impacting Sacramento developments. As with last year's SB 35 ("streamlined" approval of certain developer-desired housing projects), LBREPORT.com reports LB impacting Sacramento developments in detail. With LBREPORT.com, you don't miss a thing.

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