SB827: Difference between revisions

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[[File:1965-Market-Street-Rendering-2017-85-feet.jpg|thumb|right|500px|85-feet height 1965 Market St, San Francisco]]
 
'''SB 827''' (Senate Bill 827, "Transit-rich Housing Bonus")&nbsp;is proposed [[California_legislation_2018|2018 California state legislation]] that would '''encourage high-density housing development anywhere in thelocations vicinity ofserved by&nbsp;regular transit service'''. It would grant a "transit-rich&nbsp;housing bonus" to residential developments in such areas, allowing&nbsp;exemption from&nbsp;certain typical&nbsp;zoning limitations such as a) maximum density&nbsp;or required b)&nbsp;provision of&nbsp;parking, and allowing up to 85 feet building height on streets 45 feet or wider within 1/4 mile of high quality transit corridors or within one block of&nbsp;ac) majorheight transitlimits stop,below tothe 45specified feetminimums onin narrower streets within 1/2 mile of transitthe stopsbill.&nbsp;It was introduced by San Francisco State Senator Scott Wiener on January 3, 2018, and a major revision introduced March 1.&nbsp; See:&nbsp;[https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB827 Bill text].<br/> <br/> '''Allows 45-85 feet building height'''<br/> SB827 would require local governments&nbsp;to allow:&nbsp;
 
#85 feet buildings, on streets within 1/4 mile of a major transit stop, or stop on a high quality transit corridors, that are wider (70' or more between property lines).&nbsp;
"a&nbsp;transit-rich housing project shall receive a transit-rich housing bonus which shall exempt the project from all of the following:
#55 feet, on less wide streets.&nbsp;
#55 feet, on streets within 1/2 mile of major transit but not meeting (a), on wider streets (70' or more between property lines).&nbsp;
#45 feet, on less wide streets.&nbsp;
 
'''Allows up to 105' feet (estimated)&nbsp;if combined&nbsp;with Density Bonus law'''
#Maximum controls on residential density or floor area ratio.
#Minimum automobile parking requirements.
#Any design standard that restricts the applicant’s ability to construct the maximum number of units consistent with any applicable building code."
 
The bonus granted by SB827 could also, in many cases, be combined with a state or local [[California_State_Density_Bonus_Law|Density Bonus]], which typically allows an additional 20% or 2 stories height. As a common rule of thumb, buildings are about 10 feet per&nbsp;floors ('story'). Therefore&nbsp;if buildings use both SB827 and Density Bonus, they could in theory be allowed ''from around 65 to 105 feet, or 6-10 stories''.&nbsp;
See [[California_housing_legislation_2018|California housing legislation 2018]] for all housing bills.
 
&nbsp;
 
== Summary&nbsp; ==
 
[[File:Joe-Rivano-Barros-SB827-SF-map.jpg|thumb|right|400px|tweet by Joe Rivano Barros on SB 827]]A housing development would be eligible for a transit-rich housing bonus
 
*A) if within one-quarter mile radius of a major transit stop or stop on a high-quality transit corridor:
**85 feet, or
**55 feet&nbsp;if any side of the parcel faces a street less than 70&nbsp;feet wide from property line to property line.
 
 
&nbsp;
 
*B) if within one-half mile of a major transit stop, but not meeting (A):
**55 feet, or
**45 feet, if&nbsp;any side of the parcel faces a street less than 70&nbsp;feet wide from property line to property line.
 
 
“'''High-quality transit corridor'''” means a corridor with fixed route bus service that has service intervals of no more than 15 minutes during peak commute hours.
 
“'''Major transit stop'''” has the same meaning as defined in [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21064.3.&lawCode=PRC Section 21064.3] of the Public Resources Code:
<blockquote>"a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods."</blockquote>
&nbsp;
 
The bill text proposes&nbsp;to add a new Section 65917.7 to California Government Code&nbsp;Chapter 4.3, "Density Bonuses and Other Incentives". It would create a new "transit-rich housing"&nbsp;bonus --&nbsp;analogous to the existing [[California_State_Density_Bonus_Law|California&nbsp;"Density Bonus" [DB]]] which gives housing developers certain inventives/exemptions in exchange for including a portion of [[Affordable_housing|below-market units]] in the project.&nbsp;
 
[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917 Section 65917] of Code Chapter 4.3 requires that&nbsp;"incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments." It is unclear whether the proposed "transit-rich housing bonus" would qualify as a "density bonus" which already has specified affordability requirements;&nbsp; or if the bill may be revised to qualify so or to add specific affordability requirements.<br/> ''[update 7 Jan 2017:&nbsp; [https://twitter.com/hanlonbt/status/950155791268429824 clarification]&nbsp;on that point from Brian Hanlon of bill sponsor California YIMBY: "Those negotiations are forthcoming."].&nbsp;''
 
&nbsp;
 
Title: SB-827 Planning and zoning: transit-rich housing bonus.(2017-2018)&nbsp;
 
Summary from Legislative Counsel's Digest (in [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB827 bill text]):&nbsp;
 
"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.<br/> <br/> "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.<br/> <br/> 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."
 
The bill would create the transit-rich housing bous as&nbsp;new California Government Code sub-section 65917.7, thus within Chapter 4.3, "Density Bonuses and Other Incentives." The required purpose of such incentives anywhere in this Chapter is "contribute significantly to the economic feasibility of lower income housing." according to Section 65917.&nbsp;
<blockquote>In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter."</font><br/> ''[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917 &nbsp;-&nbsp;http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917]''</blockquote>
&nbsp;
 
&nbsp;
 
== Resources (maps etc) ==
 
=== [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB827 Bill text]. ===
 
=== [[SB827.info]]&nbsp; ===
 
resource provided by bill sponsor California YIMBY to show estimated impacts from bill.&nbsp;
 
=== UrbanFootprint ===
 
analysis of SB827 zoming impact, by this land-use mapping service.&nbsp;
 
=== <br/> TransitRichHousing.org - Sasha Aickin's&nbsp;map showing areas where zoning would be affected ===
Line 40 ⟶ 91:
=== YIMBY groups&nbsp; ===
 
*California YIMBY (bill primary sponsor and co-writer)
*&nbsp;
 
=== California YIMBY (bill primary sponsor and co-writer) ===
 
*California YIMBY Tech Network (coalition of tech executives and investors).&nbsp;<br/> [https://cayimby.org/wp-content/uploads/2018/01/SB-827-Tech-Network-Letter.pdf Support letter, January 24, 2018].
*YIMBY Action
*East Bay for Everyone
*YIMBY San Diego Democracts
*probably, more or less all YIMBY-identifiying groups
 
=== San Francisco Chronicle. ===
Line 153 ⟶ 204:
"If SB 827 passes, we will lose these incentives for developers to include low-income, very-low income or extremely low-income units in their new buildings near transit. Likewise, provisions in the above cited plans and policies to prevent destruction of affordable units, require replacement of affordable units and mitigate displacement of low-income families would be undermined. The result is that existing rent-stabilized units will be put at even greater risk of destruction, and core transit riders at greater risk of displacement.
 
"If SB 827 passes, we stand to lose out on tens of thousands of affordable homes near transit and we are putting families who depend on rent stabilization at greater risk of displacement at a time of severe housing and homelessness crises."<br/> &nbsp;
 
== Summary&nbsp; ==
 
[[File:Joe-Rivano-Barros-SB827-SF-map.jpg|thumb|right|400px|tweet by Joe Rivano Barros on SB 827]]A housing development would be eligible for a transit-rich housing bonus
 
*A) if within one-quarter mile radius of a high-quality transit corridor, or within one block of a major transit stop:
**85 feet, or
**55 feet&nbsp;if any side of the parcel faces a street less than 45 feet wide from curb to curb.
 
=== Los Angeles City Council ===
 
&nbsp;
 
=== Democratic Socialists of America - LA, San Diego, SF, Sacramento - join statement ===
*B) if within one-half mile of a major transit stop, but not meeting (A), i.e. not within 1/4-mile radius of a high-quality transit corridor:&nbsp;
**55 feet, or
**45 feet, if&nbsp;any side of the parcel faces a street less than 45 feet wide from curb to curb.
 
Democratic Socialists of America, Los Angeles chapter (lead author). "[http://www.dsa-la.org/statement_in_opposition_to_sb_827 Statement in Opposition to SB827 - Luxury Development for the Rich, Displacement and Dispossession for the Poor.]" March 22, 2018.&nbsp;http://www.dsa-la.org/statement_in_opposition_to_sb_827.&nbsp;
<blockquote>
''"SUMMARY:<br/> The Democratic Socialists of America (DSA) Los Angeles Housing & Homelessness Committee, San Diego Housing & Homelessness Working Group, San Francisco Housing Committee and Climate & Environmental Justice Committee, and Sacramento Housing Committee oppose the proposed state-level legislation Senate Bill 827. Despite the most recent amendments (as of March 1, 2018), the bill continues to put forth a flawed market-based, trickle-down approach to housing production and allocation — predicated on the actions of developers and landowners whose profits depend on scarcity, class inequality, and racial injustice. We believe that this bill will intensify gentrification and displacement, and thus we join a growing movement of [https://drive.google.com/file/d/0B-HoGZWp3E4tNTc1dF9VY3NsTjg4TV9BeTRjSWxJQ0xUc0hN/view progressive grassroots organizations] across the state that criticize SB 827.''
 
''"We support building denser, greener cities for the many, not the few. We agree that apartment construction in affluent single-family-home neighborhoods would be a step in the right direction, especially if such development were truly affordable to low-income people. &nbsp;But this is not what this bill will accomplish. Instead, SB 827 will result in luxury housing exclusively for the wealthy while [http://www.latimes.com/opinion/op-ed/la-oe-rosenthal-transit-gentrification-metro-ridership-20180220-story.html displacing] and dispossessing the poor and working class.''
“'''High-quality transit corridor'''” means a corridor with fixed route bus service that has service intervals of no more than 15 minutes during peak commute hours.
 
''"We are glad that Senator Wiener has acknowledged concerns about displacement with his recent amendments. We are especially heartened to see the provision to ban demolition of all renter-occupied housing for SB 827 projects unless a [https://medium.com/@Scott_Wiener/sb-827-amendments-strengthening-demolition-displacement-protections-4ced4c942ac9 Right to Remain guarantee] is provided, which includes moving and rental costs throughout the construction period.''
“'''Major transit stop'''” has the same meaning as defined in [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21064.3.&lawCode=PRC Section 21064.3] of the Public Resources Code:
<blockquote>"a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods."</blockquote>
&nbsp;
 
''However, it is imperative to understand that destroying units is not the only way individuals and families are uprooted from their communities, and the recent amendments do not address this. Luxury developments in low-income neighborhoods lead to indirect displacement by incentivizing nearby property owners to raise rents to levels that are unaffordable to existing tenants. The key phenomenon remaking cities across America is that formerly redlined neighborhoods are now overrun by a flood of [http://www.nybooks.com/articles/2017/08/17/tenants-under-siege-inside-new-york-city-housing-crisis/ racialized investment capital] meant to redevelop those areas for affluent, predominantly white residents. New housing is built at the high end of the market not to bring working-class people of color in, but to shut them out.''
The bill text proposes&nbsp;to add a new Section 65917.7 to California Government Code&nbsp;Chapter 4.3, "Density Bonuses and Other Incentives". It would create a new "transit-rich housing"&nbsp;bonus --&nbsp;analogous to the existing [[California_State_Density_Bonus_Law|California&nbsp;"Density Bonus" [DB]]] which gives housing developers certain inventives/exemptions in exchange for including a portion of [[Affordable_housing|below-market units]] in the project.&nbsp;
 
''"We need policies that match the scale of the crisis and that guarantee housing as a human right. One major priority must be [http://www.dsa-la.org/statement_on_costa_hawkins_repeal repealing Costa-Hawkins] and expanding rent control and other tenant protections. This would provide immediate relief for millions of renters across the state, prevent thousands more from being forced into homelessness, and stabilize vulnerable communities of color. We also demand the decriminalization of homelessness and immediate shelter for the [http://www.hcd.ca.gov/policy-research/plans-reports/docs/California's-Housing-Future-Main-Document-Draft.pdf 118,000 unhoused residents across the state], whether it come via emergency housing construction or rental subsidies. Finally, we demand aggressive state and local investment in public housing.''
[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917 Section 65917] of Code Chapter 4.3 requires that&nbsp;"incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments." It is unclear whether the proposed "transit-rich housing bonus" would qualify as a "density bonus" which already has specified affordability requirements;&nbsp; or if the bill may be revised to qualify so or to add specific affordability requirements.<br/> ''[update 7 Jan 2017:&nbsp; [https://twitter.com/hanlonbt/status/950155791268429824 clarification]&nbsp;on that point from Brian Hanlon of bill sponsor California YIMBY: "Those negotiations are forthcoming."].&nbsp;''
 
''Ultimately, any actual solution to our crisis requires a radical redistribution of land and resources, facilitating the construction of decommodified housing on a massive scale. Let’s move beyond the trickle-down approach of “Yes In My Backyard” (YIMBY) to policies that truly guarantee housing as a human right, demanding “Public Housing In My Backyard” (PHIMBY).''
</blockquote>
&nbsp;
 
Title: SB-827 Planning and zoning: transit-rich housing bonus.(2017-2018)&nbsp;
 
Summary from Legislative Counsel's Digest (in [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB827 bill text]):&nbsp;
 
"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.<br/> <br/> "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.<br/> <br/> 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."
 
The bill would create the transit-rich housing bous as&nbsp;new California Government Code sub-section 65917.7, thus within Chapter 4.3, "Density Bonuses and Other Incentives." The required purpose of such incentives anywhere in this Chapter is "contribute significantly to the economic feasibility of lower income housing." according to Section 65917.&nbsp;
<blockquote>In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city, county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65915, a locality shall not offer a density bonus or any other incentive that would undermine the intent of this chapter."</font><br/> ''[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917 &nbsp;-&nbsp;http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917]''</blockquote>
&nbsp;
 
Line 673 ⟶ 710:
*Deegan, Tim (2018). "[http://www.citywatchla.com/index.php/los-angeles-for-rss/14888-could-a-nightmare-worse-than-mansionization-be-lurking-in-sacramento Could a Nightmare Worse than Mansionization be Lurking in Sacramento?]" ''CityWatchLA,&nbsp;''12 FEBRUARY 2018.&nbsp;[http://www.citywatchla.com/index.php/los-angeles-for-rss/14888-could-a-nightmare-worse-than-mansionization-be-lurking-in-sacramento http://www.citywatchla.com/index.php/los-angeles-for-rss/14888-could-a-nightmare-worse-than-mansionization-be-lurking-in-sacramento].<br/> &nbsp;
*Democratic Socialists of America, Austin chapter (DSA Austin 2018). "[https://docs.google.com/document/u/1/d/1KD6JtmdeWubVfGOp-hCajUEbrMj5FqVqUhCwqBkdSJU/mobilebasic Austin DSA Housing Committee CodeNEXT Demands]." January 2018. [https://docs.google.com/document/u/1/d/1KD6JtmdeWubVfGOp-hCajUEbrMj5FqVqUhCwqBkdSJU/mobilebasic. https://docs.google.com/document/u/1/d/1KD6JtmdeWubVfGOp-hCajUEbrMj5FqVqUhCwqBkdSJU/mobilebasic.&nbsp;]<br/> &nbsp;
*
Democratic Socialists of America, Los Angeles chapter (lead author; join statement with San Diego, San Francisco, Sacramento chapters). "[http://www.dsa-la.org/statement_in_opposition_to_sb_827 Statement in Opposition to SB827 - Luxury Development for the Rich, Displacement and Dispossession for the Poor]." March 22, 2018.&nbsp;http://www.dsa-la.org/statement_in_opposition_to_sb_827.&nbsp;
 
*Dillon, Liam. "Get ready for a lot more housing near the Expo Line and other California transit stations if new legislation passes<br/> housing expo line."&nbsp;''LA Times.&nbsp;[http://www.latimes.com/politics/la-pol-ca-housing-transit-bill-20180104-story.html http://www.latimes.com/politics/la-pol-ca-housing-transit-bill-20180104-story.html].''<br/> &nbsp;
*Dorfman, Jeffrey. “[https://www.forbes.com/sites/jeffreydorfman/2018/01/09/california-politicians-misunderstand-how-to-fix-its-housing-problem/#3dfe3dd71128 California Politicians Misunderstand How To Fix Its Housing Problem.]” Forbes, 9 Jan 2018.&nbsp;<br/> [https://www.forbes.com/sites/jeffreydorfman/2018/01/09/california-politicians-misunderstand-how-to-fix-its-housing-problem/#3dfe3dd71128 https://www.forbes.com/sites/jeffreydorfman/2018/01/09/california-politicians-misunderstand-how-to-fix-its-housing-problem/#3dfe3dd71128].<br/> &nbsp;
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