SB827: Difference between revisions

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SB827 (2018) is proposed California legislation that would create a "transit-rich housing bonus" to exempt certain new housing, within certain distances from transit, from a variety of current zoning limitations such as maximum density or parking requirements.  It was introduced by San Francisco State Senator Scott Wiener on January 3, 2018.  (Principal coauthor: Senator Skinner; Principal coauthor: Assembly Member Ting). [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB827 Bill text].

The bill text proposes to add a Section 65917.7 (in Chapter 4.3) of  California Government Code; Section 65917 of that chapter requires that "incentives offered by the city, county, or city and county pursuant to this chapter [4.3] 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;  or if the bill may be revised to qualify so or to specific affordability requirements.

The bill text proposes to add a Section 65917.7 (in Chapter 4.3) of  California Government Code; [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917 Section 65917] of that chapter requires that "incentives offered by the city, county, or city and county pursuant to this chapter [4.3] 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;  or if the bill may be revised to qualify so or to specific affordability requirements. [update 7 Jan 2017:  [https://twitter.com/hanlonbt/status/950155791268429824 clarification] on that point from Brian Hanlon of bill sponsor California YIMBY: "Those negotiations are forthcoming."].

[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917]

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The bill would create the transit-rich housing bous as 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. 

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<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." ''[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917  - http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917] =====''</blockquote>

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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."'' [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917  - http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65917] =====

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== Concerns  ==