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(Aug. 30, 2017, 11:55 a.m.) -- LBREPORT.com provides additional details on SB 35 (previous LBREPORT.com coverage here) related to its potential to prevent City Hall from requiring any minimum developer-required parking for developers who seek to build new housing within half a mile of "public transit" and in other circumstances. For proposing residential projects in other areas, SB 35 could forbid the city from requiring more than one parking space per residential unit [although many residential units might have two or more residents who drive.]
LBREPORT provides the bill's detailed text on parking below. As previously reported by LBREPORT.com, SB 35 (full text here) would require cities to grant ministerial (bureaucratic/clerk type) approval -- eliminating public hearings, EIR/CEQA review and challenges (to produce "streamlined" approval) and not allowing City denials -- when a developer proposes to build a residential project (including rental/low-income affordable housing) at nearly all locations [with few exceptions] where city zoning currently allows residences IF the city hasn't issued sufficient new housing building permits and can't show it has produced (not merely adopted "plans" or "goals") new housing in numbrd determined by a regional body (So. Cal Ass'n of Governments or SCAG.) [Scroll down for further.] |
The parking-pertinent provision in SB 35 is below: [SB 35 proposed text] (d) (1) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
To avoid SB 35's mandatory approval consequences, the City would have to meet and produce new housing building permits in numbers decided by the So. Cal. Ass'n of Gov'ts (SCAG), which periodically issues a Regional Housing Needs Assessment (RHNA). SCAG periodically updates (almost always increases) required numbers in its RHNA with approval by a SCAG decision making body that consists of 86 electeds covering six So. Cal counties in which LB is allowed two Mayor-chosen appointees. If a city fails to issue sufficient permits in every RHNA housing income category -- specifically including "affordable [low income rental] housing" -- SB 35 would effectively require that city to approve developer-desired housing projects without public hearings and without CEQA/EIR review in any parts of the city where they're allowed under LB zoning. Sac'to lawmakers also inserted verbiage in SB 35 [likely to gain support from building trade unions] requiring private developers to pay workers a government-set "prevailing wage" (normally required in contracts with government entities) for housing projects of 10 units or more. In response to an LBREPORT.com email inquiry, the City of LB's Director of Development Services, Amy Bodek, confirmed that the City of Long Beach would be subject to SB 35's mandates at this time. The city of LB's Manager of Government Affairs, Diana Tang, tells LBREPORT.com (Aug. 29) that the City is currently officially neutral on SB 35, but is "working with the author on amendments, consistent with the City's state legislative agenda as it relates to local control." On June 1, SB 35 cleared the state Senate on a 25-12 vote...with "yes" votes from state Senator Ricardo Lara (D, LB-Huntington Park) and state Senator Janet Nguyen (R, SE-LB/West OC). If SB 35 were enacted in its present form by the Assembly in the coming days, the public would no longer have the opportunity to testify regarding (for example) the proposed housing development at 320 Alamitos Ave. (a proposed seven story residential building supported by city staff but opposed by adjoining Alamitos Beach neighborhood residents on parking grounds.) The developer has offered to provide 105 parking stalls for 77 residential units, and that level meets and exceeds the parking required under Downtown density zoning (one space per residential unit plus one more for every four residential units, approved in Jan. 2012 by the Council on motion by then-Councilman Robert Garcia.)
In that respect, SB 35 could arguably trigger a "perfect density storm" as Long Beach city staff is currently advancing (and LB's City Council will ultimately decide on) a complete revision of LB's land uses citywide. City staff has proposed maps at this link showing increased density and heights at various locations citgywide. If these are aadopted by the Council, they would trigger LB zoning changes to match. In city's where SB 35 would apply (like LB at present), its mandates require allowing new housing in areas where city zoning allows housing. That would presumably enable developers to demand and receive permits to build housing projects nearly anywhere (very few exceptions) ultimately zoned by the Council to allow residential development (presumably including "mixed use" commercial + residential developments) stemming from whatever new land use maps (which propose increased density) are approved by the Council.
At the Aug. 17 Planning Commission meeting, a member of the public raised the issue of SB 35...and Ms. Bodek commended the public speaker for doing so and proceeded to advise the Planning Commission of SB 35's potential impacts: ...I first want to say thank you to the woman who raised it because I think that’s incredibly important that citizens understand the regulations that we are forced to confront and the history pattern. On Aug. 28, Capital Public Radio News reported (at this link) that Governor Brown and Sac'to legislative leaders including Assembly Speaker Anthony Rendon (D, NLB-Lakewood-Paramount) have reached agreement to advance SB 35 as part of a legislative package of bills dealing with housing. The bills include SB 3, a measure that would require statewide voter approval, for a debt-bond that would let developers leverage substantial federal and local taxpayer sums for low income housing.
In an August 29 release, SB 35's author, state Senator Scott Wiener (D, San Francisco) announced that SB 35 now has the support of L.A. Mayor Eric Garcetti, joining Mayors (all Dems) from San Jose, San Francisco, Oakland and Sacramento. Under LB's City Charter, LB Mayor Robert Garcia can (and frequently does) express his views and recommendations but has no authority to determine LB city policy which is set by the City Council.
Sen. Wiener's office indicates SB 35 is now supported by:
SB 35 is opposed by the League of CA Cities and a number of cities statewide. A June Assembly Committee legislative analysis of SB 35 listed opponents including:
In a draft letter prepared for cities to submit in opposition to SB 35, the League of CA Cities makes the following argument in pertinent part:
Eliminating opportunities for environmental and public review of major multifamily developments goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representative of their support or concerns. "Streamlining" in the context of SB 35 appears to mean a shortcut around public input and environmental review. While frustrating for some to address neighborhood concerns about traffic, parking and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and additional ballot measures dealing with growth management...
Supporters of SB 35 say the bill doesn't undermine local control because it still allows local control over zoning (deciding where new housing will be allowed) but no longer allows cities to prevent developers from producing new housing [at levels government.at other levels has determined is necessary.]
On May 2, 2017, the LB City Council voted 8-0 (Mungo absent for entire meeting) to adopt a series of policies to promote what government entities deem "affordable housing," which included the following: "Support California Environmental Quality Act (CEQA) reform through City's legislative actions that encourages the production of affordable and workforce housing" [changing parts of CEQA to make it easier for housing developers to gain swifter City approval for their desired projects and make it harder for residents to mount challenges and appeals]. A few months earlier, the City Council set the stage for this by voting to support Sacramento actions that would make such changes to parts of CEQA.
At that time, Councilman Al Austin (who chairs the Council's Mayor-chosen State Legislation Committee) said he considers such CEQA changes appropriate, noting that some residents [CARP, Citizens About Responsible Planning] had challenged and slowed a housing development in his district [Riverwalk] -- calling the residents' challenge without merit. [Multiple residents urged the Council to make changes to the project; Councilman Austin and the Council declined to do so; CARP then hired a lawyer, filed suit and reached a settlement with the developer that resulted in some changes to the development.]
During May 2 Council discussion, Ms. Bodek said one way the Council could promote affordable housing is by increasing allowable density as part of staff's now-advancing Land Use Element rewrite. (To hear the May 2017 exchange between Councilwoman Lena Gonzalez and Ms. Bodek, click here.).
In August, 2017 city staff issued maps showing areas where city staff proposes land use changes that would allow increased density and building heights (which can be viewed at this link.) If the Council ultimately approves these (or other) Land Use changes, the city would then proceed to make its LB's zoning consistent with the new density-inviting Land Use element.
Under SB 35 as currently written, the City wouldn't be able to say "no" if a developer sought to build new housing at nearly all locations where residential development would be allowed.
Developing.
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