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SF State Senator Wiener Keeps His Word/Strikes Again: Introduces New Bill -- SB 50 -- Modeled After Last Year's Stalled SB 827 -- Letting Housing Developers Override Locally Zoned Neighborhood Density, Build Multi-Unit Housing Density To Sac'to Specified Heights Within Sac'to Specified Distances From Bus/Rail Stns


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(Dec. 4, 2018, 3:10 p.m.) -- State Senator Scott Wiener (D, San Francisco) has kept his word, swiftly introducing a new bill -- SB 50 (patterned after his SB 827 which stalled amid stiff opposition last year) -- that would let housing developers override locally zoned neighborhood density and build multi-unit apartments to Sac'to specified heights within Sac'to specified distances from certain bus/train stations.

In a release, Sen. Wiener says SB 50 is "modeled on SB 827 of the last legislative session [and] legalizes more housing near job centers and public transportation by overriding hyper-restrictive low-density zoning, while protecting against displacement of renters and vulnerable communities."

In his release, Sen. Wiener says SB 50 (which he calls the More Homes Act: Housing, Opportunity, Mobility, Equity and Stability) would "eliminate density restrictions for housing near high quality transit and in job-rich areas, in order to ensure that the benefits of public investments in transit are accessible to Californians of all incomes and to enable people to live near where they work. It applies these standards to sites within a half mile of fixed rail and a quarter mile of high-frequency bus stops and in job-rich areas. Within these geographies, a city may not limit density (e.g., banning apartment buildings). Within a half mile of fixed rail, a city may not impose maximum height limits lower than either 55 feet or 45 feet. (Bus stops and job-rich areas will not trigger height increases; rather local height limits will apply.)

To view SB 50's full text as introduced, click here. The measure will now be sent to at least one state Senate policy committee (with a Dem chair and a Dem membership majority) for a hearing. Among SB 50's initially listed co-authors is state Senator John Moorlach, an OC Republican.

In a release (text below), Senator Wiener says SB 50 has the support of the State Building and Construction Trades Council (which opposed SB 827) and is also supported by the CA Apartment Association. He says L.A. Mayor Eric Garcetti "has made positive statements regarding the direction of the bill" [translation: short of an endorsement. Garcetti's statement is "Our state is coping with a housing crisis that threatens the California dream and I applaud Senator Wiener for his bold efforts to help us get housing built while protecting people from being priced out of communities where they have invested so much of their lives. This bill is a good first step, and I will continue working with him to make certain that these statewide solutions are the right fit for Angelenos."]"

Sen. Wiener says SB 50 is supported by SF Mayor London Breed, Oakland Mayor Libby Schaaf, Sacramento Mayor Darrell, Steinberg. There's no mention of a position pro or con by Long Beach Mayor Robert Garcia (who doesn't set policy) or any Long Beach Councilmembers (who do decide policy (including some speculated as possible candidates for a LB-area state Senate seat in 2019] or any current Long Beach area state lawmakers.

[Scroll down for further.]

In early 2018, a LB election-cycle groundswell of residents opposed to revision to LB's Land Use Element (LUE) that could invite increased density, led LB Councilmembers to oppose SB 827 after inviting Sen. Wiener to amend the bill in ways the Senator declined to do. SB 827 ultimately stalled in the state Senate amid opposition from multiple constituencies statewide but with Senator Wiener publicly vowing to reintroduce a new version with the new legislative session...which is exactly what he's done.

[Sen. Wiener Dec. 4 release text]...[T]he More HOMES Act (Housing, Opportunity, Mobility, Equity, and Stability) [SB 50] creates new zoning standards for the construction of housing near job centers and public transportation, while protecting against the displacement of renters and vulnerable communities living in those areas. SB 50 eliminates hyper-low-density zoning near transit and job centers, thus legalizing apartment buildings in these locations so that more people can live near transit and near where they work. It also reduces or eliminates minimum parking requirements for new developments.

SB 50 will help relieve California's acute housing shortage (currently a deficit of 3.5 million homes), make housing more affordable, increase the supply of low-income housing, and reduce pressure to create more sprawl and build in wildfire zones. The bill will also reduce carbon emissions by allowing more people to live near transit and near where they work.

SB 50 is modeled on SB 827, which Senator Wiener introduced earlier this year and which did not advance. Since SB 827's demise, Senator Wiener has worked with a broad coalition of stakeholders to recraft the bill, in order to protect vulnerable communities.

"We must take bold steps now to address our severe housing crisis and reduce our carbon footprint," said Senator Wiener. "California's housing shortage hurts our most vulnerable communities, working families, young people, our environment, and our economy. It also increases homelessness. For too long we have created sprawl by artificially limiting the number of homes that are built near transit and job centers. As a result of this restrictive zoning in urbanized areas, people are forced into crushing commutes, which undermines our climate goals, and more and more Californians are living in wildfire zones. As educational and economic opportunities become increasingly concentrated in and near urban areas, we must ensure all of our residents are able to access these opportunities. I am excited to work with a diverse coalition to spur the development of more housing for all income levels while protecting vulnerable communities and ensuring we do more to address climate change."

SB 50 is supported by San Francisco Mayor London Breed, Oakland Mayor Libby Schaaf, Sacramento Mayor Darrell Steinberg, Emeryville Mayor John Bauters, and El Cerrito Mayor Gabriel Quinto, and Los Angeles Mayor Eric Garcetti has made positive statements regarding the direction of the bill. SB 50 is also supported by the State Building and Construction Trades Council (which opposed SB 827) and the California Apartment Association and is sponsored by California YIMBY (please see bottom of release for statements from mayors and organizations).

In addition to Senator Wiener, SB 50 is co-authored by a diverse and bi-partisan array of legislators, including: Senators Anna Caballero (D- Salinas), Ben Hueso (D- San Diego), John Moorlach (R- Costa Mesa), and Nancy Skinner (D- Berkeley), and Assemblymembers Autumn Burke (D- Inglewood), Ash Kalra (D- San Jose), Kevin Kiley (R- Rocklin), Evan Low (D- Campbell), Robert Rivas (D- Hollister), Phil Ting (D- San Francisco), and Buffy Wicks (D-Oakland).

California is experiencing an unprecedented housing shortage and affordability crisis. According to the California Housing and Community Development Department, the lack of new housing construction in California has compounded over the last several decades into a shortage of 3.5 million homes. This shortage harms California's workers and families. They feel the results of this shortage in the form of exorbitant rents and the highest home purchase prices in the nation. Excessive competition for limited housing supply is also driving a statewide epidemic of displacement, evictions, and homelessness.

California's failure to allow for enough housing near job centers and public transportation is undermining the state's climate goals and increasing wildfire risk. By not increasing density around public transportation and near jobs, local governments push residents into longer commutes, leading to greater air pollution. A November report from the California Air Resources Board explains that "while positive gains have been made to improve the alignment of transportation, land use, and housing policies with state goals, the data suggest that more and accelerated action is critical for public health, equity, economic, and climate success." Additionally, a recent federal report indicates that governments are not doing nearly enough to mitigate the effects of climate change and especially greenhouse gas emissions. As we look at the biggest contributors of greenhouses gases in California, private vehicles remain at the top. Already we are seeing the economic, environmental, and human health impacts that climate change is inflicting on California. The recent wildfires have claimed thousands of homes, displaced thousands of families, and reduced air quality throughout the state.

Current state law leaves most zoning and land use decisions to local governments, and includes no density standards around public transportation and job centers. Due to a lack of adequate and enforceable statewide standards, most California cities are still operating under outdated and highly restrictive zoning ordinances -- frequently banning apartment buildings entirely -- that make it difficult or impossible to build multi-family dwellings.

The More HOMES Act eliminates density restrictions for housing near high quality transit and in job-rich areas, in order to ensure that the benefits of public investments in transit are accessible to Californians of all incomes and to enable people to live near where they work. It applies these standards to sites within ½ mile of fixed rail and ¼ mile of high-frequency bus stops and in job-rich areas. Within these geographies, a city may not limit density (e.g., banning apartment buildings). Within ½ mile of fixed rail, a city may not impose maximum height limits lower than either 55 feet or 45 feet. (Bus stops and job-rich areas will not trigger height increases; rather local height limits will apply.)

SB 50 defers to local design standards, inclusionary housing requirements, setback rules, demolition standards (unless they are too weak), and height limits (except near fixed rail stops).

SB 50 also includes the following provisions to protect renters and low-income communities and create more access to publicly funded services:

  • Tenant Protections: Establishes strict tenant protections to ensure long-time residents will not be displaced from their communities, including a prohibition on demolishing buildings currently or recently occupied by renters or where Ellis Act evictions have occurred.

  • Affordable Housing: Establishes affordability standards to ensure that projects are mixed income. Sensitive Communities: Allows for delayed implementation in sensitive communities at risk of gentrification and displacement, in order to allow for local planning to reduce displacement.

  • Job-Rich Communities: Proposes a new "job-rich housing project" incentive to ensure that communities with easy access to jobs and in neighborhoods with high-performing public schools allow a broader range of housing choices for people of all income levels, even in the absence of high-quality transit.

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