HomeMy WebLinkAboutItem 2b - Opposing Senate Bill 827, Transit Rich Housing Bonus Legislation
DATE: March 6, 2018 TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Assistant to the City Manager SUBJECT: RESOLUTION NO. 7209 OPPOSING SENATE BILL 827, TRANSIT RICH
HOUSING BONUS LEGISLATION
Recommendation: Adopt
SUMMARY
At the February 20, 2018, City Council meeting, Mayor Amundson requested that the
City Manager provide a discussion item at an upcoming City Council to oppose Senate
Bill 827 - Transit Rich Housing Bonus Legislation (“SB 827”). This request was
concurred by Council Members Verlato and Chandler. SB 827 exempts a development in a “transit-rich housing zone” from local ordinances that limit maximum residential
density, maximum floor area ratio, and minimum parking spaces. If enacted, the bill
would undermine local control of the City’s development authorities as it pertains to
height limitations, density, parking requirements, and design review standards.
Therefore, it is recommended that the City Council adopt Resolution No. 7209 (Attachment “A”) urging the City’s legislative delegation in Sacramento to vote NO on
SB 827.
BACKGROUND
On January 3, 2018, State Senator Weiner introduced SB 827 (Attachment “B”). Subject
to some limitations, SB 827 exempts a development in a “transit-rich housing zone”, as
defined by the bill, from local ordinances that limit maximum residential density,
maximum floor area ratio, and minimum parking spaces. In addition, if a City has
adopted height maximums that are lower than 45 to 85 feet, depending on the transit access and urban design characteristics of the street, the developer would be allowed
to build a project that exceeds height limits to accommodate additional housing units. To
be clear, SB 827s application includes the following definitions:
Adopt Resolution No. 7209 Opposing Senate Bill 827 - Transit Rich Housing Bonus Legislation
March 6, 2018
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• High-Quality Transit Corridor – a corridor with fixed route bus service that has
service intervals of no more than 15 minutes during peak commute hours.
• Transit Rich Parcels – are those within ½ mile of a major transit stop of ¼ mile from a high quality transit corridor.
• Statewide Concern – the provisions address a matter of statewide concern and
that if enacted its provisions would apply equally to all cities and counties in this state, including charter cities.
DISCUSSION
If approved by the legislature and signed by Governor Brown, SB 827 would exempt development in a transit-rich housing zone from local ordinances. This would allow for by-right development without approval of the City of Arcadia, undermining local control
of the City’s development authorities as it pertains to height limitations, density, parking
requirements, and design review standards.
The intent, according to the legislation’s author, is that in many communities, restrictive zoning – such as mandating single-family homes in areas with high quality transit –
limits the number of Californians who can live near public transportation. According to
the author, these zoning controls are socially exclusive, anti-urban, and in opposition to
the state’s adopted climate goals. Specifically, SB 827 would undermine the City’s adopted General Plan and Housing
Element. The bill allows private for-profit housing developers and transit agencies to
determine housing densities, parking requirements, and design review standards within
one-half mile of a major transit stop, or along a high-quality transit corridor which could be miles away from a transit stop. Under existing law, cities are already required to zone for densities at levels necessary to meet their entire Regional Housing Needs Allocation
(“RHNA”). Additionally, SB 827 would provide developers a means to generate
additional profits without any requirement to ensure that the additional housing is
affordable. The City of Arcadia has embraced the concept of transit oriented development in
several areas throughout the City, including major thoroughfares and around the City’s
Gold Line stop in Downtown Arcadia. The area around the light rail station allows for
higher densities and height limits than any other portion of the City. Several projects are currently under construction in Arcadia to bring new residential units at higher densities to the area around the light rail station and major corridors. In fact, in addition to the
existing zoning allowances, the City is currently working on a design plan for Downtown
Arcadia to permit higher densities and heights in locations that can accommodate such
changes. This is a project that the City is undertaking because it is the right thing to do to address the issue, and because it takes a careful and stepwise approach to evaluating capacity rather than the “one size fits all” approach provided in SB 827. Even
Adopt Resolution No. 7209 Opposing Senate Bill 827 - Transit Rich Housing Bonus Legislation
March 6, 2018
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if the proposed measure perfectly fit Arcadia’s needs, it should nevertheless be
opposed on the simple basis that it wholly undermines local control of land use
decisions – a primary power of local government, especially charter cities such as
Arcadia. If SB 827 is adopted, the City would have no control over the development pattern in its
transit corridors and the Downtown area, which could significantly change the character
of the City. SB 827 would provide a blanket, simplistic approach to a complicated and
localized question that the City of Arcadia is already addressing. Attached to this staff report as Attachment “C” is the draft opposition letter to be signed by the Mayor.
FISCAL IMPACT
The financial impacts to the City, if any, are unknown at this time. While additional development may result in increased property taxes, it is not known if those increases would be offset by additional service costs or other impacts to the community from an
increased density that is not fully studied prior to approval.
RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7209 opposing Senate Bill
827, Transit Rich Housing Bonus Legislation; and authorize the Mayor to send a letter
to the City’s legislative delegation in Sacramento to vote in opposition of said legislation.
Attachments: A – Resolution No. 7209
B – Senate Bill 827 Text
C – Draft Opposition Letter
SENATE BILL No. 827
Introduced by Senator Wiener
(Principal coauthor: Senator Skinner)
(Principal coauthor: Assembly Member Ting)
January 3, 2018
An act to add Section 65917.7 to the Government Code, relating to
land use.
legislative counsel’s digest
SB 827, as introduced, Wiener. Planning and zoning: transit-rich
housing bonus.
The Planning and Zoning Law requires, when an applicant proposes
a housing development within the jurisdiction of a local government,
that the city, county, or city and county provide the developer with a
density bonus and other incentives or concessions for the production
of lower income housing units or for the donation of land within the
development if the developer, among other things, agrees to construct
a specified percentage of units for very low, low-, or moderate-income
households or qualifying residents.
This bill would authorize a transit-rich housing project to receive a
transit-rich housing bonus. The bill would define a transit-rich housing
project as a residential development project the parcels of which are all
within a 1⁄2 mile radius of a major transit stop or a 1⁄4 mile radius of a
high-quality transit corridor, as those terms are further defined. The bill
would exempt a project awarded a housing opportunity bonus from
various requirements, including maximum controls on residential density
or floor area ratio, minimum automobile parking requirements, design
standards that restrict the applicant’s ability to construct the maximum
number of units consistent with any applicable building code, and
maximum height limitations, as provided.
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The bill would declare that its provisions address a matter of statewide
concern and apply equally to all cities and counties in this state,
including a charter city.
By adding to the duties of local planning officials, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that this act
line 2 addresses a matter of statewide concern and shall apply equally to
line 3 all cities and counties in this state, including charter cities.
line 4 SEC. 2. Section 65917.7 is added to the Government Code, to
line 5 read:
line 6 65917.7. (a) As used in this section, the following definitions
line 7 shall apply:
line 8 (1) “Block” has the same meaning as defined in subdivision (a)
line 9 of Section 5870 of the Streets and Highways Code.
line 10 (2) “High-quality transit corridor” means a corridor with fixed
line 11 route bus service that has service intervals of no more than 15
line 12 minutes during peak commute hours.
line 13 (3) “Transit-rich housing project” means a residential
line 14 development project the parcels of which are all within a one-half
line 15 mile radius of a major transit stop or a one-quarter mile radius of
line 16 a high-quality transit corridor. A project shall be deemed to be
line 17 within a one-half mile radius of a major transit stop or a one-quarter
line 18 mile radius of a high-quality transit corridor if both of the following
line 19 apply:
line 20 (A) All parcels within the project have no more than 25 percent
line 21 of their area outside of a one-half mile radius of a major transit
line 22 stop or a one-quarter mile radius of a high-quality transit corridor.
line 23 (B) No more than 10 percent of the residential units or 100 units,
line 24 whichever is less, of the project are outside of a one-half mile
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line 1 radius of a major transit stop or a one-quarter mile radius of a
line 2 high-quality transit corridor.
line 3 (4) “Major transit stop” has the same meaning as defined in
line 4 Section 21064.3 of the Public Resources Code.
line 5 (b) Notwithstanding any local ordinance, general plan element,
line 6 specific plan, charter, or other local law, policy, resolution, or
line 7 regulation, a transit-rich housing project shall receive a transit-rich
line 8 housing bonus which shall exempt the project from all of the
line 9 following:
line 10 (1) Maximum controls on residential density or floor area ratio.
line 11 (2) Minimum automobile parking requirements.
line 12 (3) Any design standard that restricts the applicant’s ability to
line 13 construct the maximum number of units consistent with any
line 14 applicable building code.
line 15 (4) (A) If the transit-rich housing project is within either a
line 16 one-quarter mile radius of a high-quality transit corridor or within
line 17 one block of a major transit stop, any maximum height limitation
line 18 that is less than 85 feet, except in cases where a parcel facing a
line 19 street that is less than 45 feet wide from curb to curb, in which
line 20 case the maximum height shall not be less than 55 feet. If the
line 21 project is exempted from the local maximum height limitation, the
line 22 governing height limitation for a transit-rich housing project shall
line 23 be 85 feet or 55 feet, as provided in this subparagraph.
line 24 (B) If the transit-rich housing project is within one-half mile of
line 25 a major transit stop, but does not meet the criteria specified in
line 26 subparagraph (A), any maximum height limitation that is less than
line 27 55 feet, except in cases where a parcel facing a street that is less
line 28 than 45 feet wide from curb to curb, in which case the maximum
line 29 height shall not be less than 45 feet. If the project is exempted
line 30 from the local maximum height limitation, the governing height
line 31 limitation for a transit-rich housing project shall be 55 feet or 45
line 32 feet, as provided in this subparagraph.
line 33 (C) For purposes of this paragraph, if a parcel has street frontage
line 34 on two or more different streets, the height maximum pursuant to
line 35 this paragraph shall be based on the widest street.
line 36 SEC. 3. No reimbursement is required by this act pursuant to
line 37 Section 6 of Article XIIIB of the California Constitution because
line 38 a local agency or school district has the authority to levy service
line 39 charges, fees, or assessments sufficient to pay for the program or
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SB 827— 3 —
line 1 level of service mandated by this act, within the meaning of Section
line 2 17556 of the Government Code.
O
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— 4 —SB 827
[Date]
[Name]
[Title]
[Address]
[Address]
RE: Opposition Letter to SB 827 – Erosion of Local Control
Dear [Name]
The City of Arcadia opposes SB 827 (Wiener), which would exempt certain housing
projects from locally developed and adopted height limitations, densities, parking
requirements, and design review standards. Under California’s constitution, charter
cities are granted exclusive authority over municipal affairs, which include zoning and
housing regulations. Increasingly, the California Legislature is pre-empting our home
rule by including provisions in laws that compel us to do the bidding of the state, or tie
our hands completely under the guise that the matter is of statewide concern. This is
nothing short of legislative overreach.
Specifically, SB 827 would undermine locally adopted General Plans, Housing Elements.
SB 827 allows private for-profit housing developers and transit agencies to determine
housing densities, parking requirements, and design review standards within one-half
mile of a “major transit stop,” or along a “high-quality transit corridor” which could be
miles away from an actual bus stop. Under existing law, cities are already required to
zone for densities at levels necessary to meet their entire Regional Housing Needs
Allocation (RHNA). Additionally, SB 827 would provide developers a means to generate
additional profits without any requirement to build affordable housing.
Exempting large-scale developments from General Plans, Housing Elements, and zoning
ordinances 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 when planning documents are developed. Public
engagement also often leads to better projects. Disregarding such processes will
increase public distrust in government and could lead to additional ballot measures
dealing with growth management.
For these reasons, the City of Arcadia opposes SB 827 and urges you to vote NO.
Sincerely,
Peter Amundson
Mayor