SB827: Difference between revisions

'''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 in locations served 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 b)&nbsp;provision of&nbsp;parking or&nbsp;c) height limits below the specified minimums in the bill.&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/> '''Height limits''': 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;

#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;

The bonus granted by SB827 could also, in many cases, be combined with a state or local [[Density bonus]], which typically allows an additional 20% or 2 stories height.&nbsp;

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== 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.

*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>

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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;''

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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>

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