HomeMy Public PortalAbout19) 10A Letter Opposing SB 827AGENDA
ITEM 10.A.
MANAGEM ENT SERVIC ES D EP A RTM E NT
M EMORANDUM
DATE: April 17, 2018
TO: The Honorable City Council
F ROM:_ Bryan Cook, City Manager ~
Via: Brian Haworth, Assistant to the City Manager
By : Tinny ere , Management Analyst
SUBJ ECT: LE TTER OF OPPOS ITION: SENATE BILL 827 (WEIN ER)
R ECOMMENDATION:
The City Council is requested to :
1. Approve the attached letter in opposition of Senate Bill 827, which if adopted , would
exempt certain housing projects from locally developed and adopted height
limitations, densities, parking requirements, and design review standards; and
2. Authorize the Mayor to submit said letter on behalf of the Council.
BACKGROUND/ANALYSIS :
1. On Jan. 3, 2018, Senator Scott Weiner (D-San Francisco) introduced Senate Bill 827
(SB 827). At its core, the proposed legislation attempts to address the statewide
affordable housing crisis by easing local land use controls and directing new, high -
density housing development along transit lines. (Attachment "A ")
2. On Feb . 28, 2018, the League of California Cities formally opposed SB 827, stating it
would effectively rezone all land within one-half mile radius of a "major transit stop ";
or one-quarter mile radius of a transit stop on a "high quality transit corridor." In other
words , the League claims the bill would allow for buildings up to 10 stories tall within
said locations, and that its provisions would exempt private large-scale developments
from locally developed and adopted zoning restrictions-e.g., height limitations,
densities, parking requirements , and design review standards .
3. As Temple City is not located within a transit-rich zone or within a one-half mile
radius of a major transit stop, SB 827 will not have a direct applicable impact on the
Temple City community . Nevertheless , as the City continues to work closely with the
League to lend a greater voice in advocating for issues that affect local governments,
City Council
April 17, 2018
Page 2 of 2
staff is recommending that the Mayor send a letter of opposition to SB 827
(Attachment "B") because it weakens local government authority and disregards the
public input process. Other local organizations that have recently expressed its
opposition to the bill include the San Gabriel Valley Council of Governments and the
cities of Monterey Park, Beverly Hills, West Hollywood, and South Pasadena.
CITY STRATEGIC GOALS:
Council approval of the requested opposition letter supports Strategic Plan objectives of
improved quality of life and good governance.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. SB 827 Text
B. Letter of Opposition (draft)
AMENDED IN SENATE MARCH I, 2018
SENATE BILL
Introduced by Senator Wiener
(Principal coauthor: Senator Skinner)
(Principal coauthor: Assembly Member Ting)
(Coauthor: Senator Hueso)
January 3, 2018
No. 827
An act to add Seeti<>n 659!7.7 t<> Chapter 4.35 (commencing with
Section 65918.5) to Division I of Title 7 of the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 827, as amended, 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 attthorize a require a local government to, if requested,
grant a development proponent of a transit-rich housing project-te
reeei,e a transit-rich housing bentts. bonus if that development meets
specified planning standards, including complying with demolition
permit requirements, local inclusionary housing ordinance requirements,
preparing a relocation benefits and assistance plan, any locally adopted
objective zoning standards, and any locally adopted minimum unit mix
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ATTACHMENT A
SB827 -2-
requirements. The bill would define a transit-rich housing project as a
residential development project the parcels of which are all within a Y,
mile radius of a major transit stop or a V, mile radius of a stop on a
high-quality transit earridar, as these terms are ftlrtherdetined. corridor.
The bill would exempt a ['I'Ojeet a .. arded a ho11sing O!JtJertt!Hity llent1s
an eligible applicant who receives a transit-rich housing bonus from
various requirements, including maximum controls on residential deusil)
er fleer area ratie, density, maximum controls on .floor area ratio that
are lower than a >pecified amount, minimum automobile parking
requirements, maximum height limitations, and zoning or design
staHdards that restrietthe atJtJiieaHt's abilit) te eoHstntetthe !flaximt~m
fltllf!ber ef !!Hits eeHsisteHt .. ith ali) B['['lieallle bt!ildiHg eoe!e, tme!
maxim11m heightli1aitatieHs, as pmvie!ee!. controls that have the effect
of limiting additions onto existing structures or lots that comply with
those maximwnfloor area ratios and height limitations. The bill would
require an eligible applicant who receives a transit-rich housing bonus
to provide benefits to eligible displaced persons who are displaced by
the development, including requiring the applicant to offer a right to
remain guarantee to those tenants, and to make payments to eligible
displaced persons for moving and related expenses as well as for
relocation benefits. The bill would also require an eligible applicant
to submit a relocation benefit and assistance plan for approval to the
applicable local government to that effect, and to provide specified
il?(ormation and assistance to eligible displaced persons.
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.
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The people of the State of California do enact as follows:
I SECTION I. The Legislature finds and declares that this act
2 addresses a matter of statewide concern and shall apply equally to
3 all cities and counties in this state, including charter cities.
4 SEC. 2. Chapter 4.35 (commencing with Section 65918.5) is
5 added to Division 1 ofTitle 7 of the Govermnent Code, immediately
6 following Chapter 4.3, to read:
7
8 CHAPTER 4.35. TRANSIT-RICH HousiNG BoNus
9
I 0 65918.5. For purposes of this chapter:
II (a) "Development proponent" means an applicant who submits
12 an application for a transit-rich housing bonus pursuant to this
13 chapter.
14 (b) "Eligible applicallt" means a development proponent who
15 receives a transit-rich housing bonus.
16 (c) "FAR" means floor area ratio.
17 (d) "High-quality transit corridor" means a corridor with fixed
18 route bus service that has service intervals of no more than 15
19 minutes during peak commute hours.
20 (e) "Local govemment" means city, including a charter city, a
21 county, or city and county.
22 (f) "Transit-rich housing project" means a residential
23 developme/lt project the parcels of which are all within a one-half
24 mile radius of a major transit stop or a one-quarter mile radius
25 of a stop on a high-quality transit corridor. A residential
26 development project does not qualify as a transit-rich housing
27 project if that project would result in the construction of housing
28 in zoning districts that prohibit the construction of housing as a
29 principal or conditional use, including, but not limited to,
30 exclusively industrial or mam(facturing zoning districts. A project
31 shall be deemed to be within a one-half mile radius of a major
32 transit stop or a one-quarter mile radius of a stop on a high-quality
33 transit corridor if both of the following apply:
34 ( 1) All parcels within the project have no more than 25 percent
35 of their area outside of a one-half mile radius of a major transit
36 stop or a one-quarter mile radius of a stop on a high-quality transit
37 corridor.
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I (2) No more than 10 percent of the residential units or /00 units,
2 whichever is less, of the project are outside of a one-half mile
3 radius of a major transit stop or a one-quarter mile radius of a
4 stop on a high-quality transit corridor.
5 659/8.6. (a) Notwithstanding any local ordinance, general
6 plan element, specific plan, charter, or other local law, policy,
7 resolution, or regulation, a local jurisdiction shall, if requested,
8 provide an eligible applicant with a transit-rich housing bonus
9 that shall exempt the project from all of the following:
I 0 (I) Maximum comrols on residential density.
II (2) Maximum controls on FAR lower than those specified in
12 paragraph (4) of subdivision (c).
13 (3) Minimum automobile parking requirements.
14 (4) Maximum building height limits that are less than those
15 specified in subdivision (b).
16 (5) Zoning or design controls that have the effect of limiting
17 additions onto existing structures or lots if such additions comply
18 with the height and FAR limits established in subdivision (b) or
19 paragraph (4) of subdivision (c).
20 (b) An eligible applicant shall be exempt from local maximum
21 height limits as follows:
22 ( 1) If the transit-rich housing project is within a one-quarter
23 mile radius of either a major transit stop or a stop on a high-quality
24 transit corridor, the maximum height limitation shall not be less
25 than 85 feet, except in cases where a parcel facing a street that is
26 less than 70 feet wide from property line to property line, in which
27 case the maximum height shall not be less than 55 feet. If the
28 project is exempted from the local maximum height limitation, the
29 maximum height limitation for a transit-rich housing project shall
30 be 85 feet or 55 feet, as provided in this paragraph.
31 (2) 1fthe transit-rich housing project is within one-half mile of
32 a major transit stop, but does not meet the criteria specified in
33 paragraph ( 1 ), any maximum height limitation shall not be less
34 than 55 feet, except in cases where a parcel facing a street that is
35 less than 70 feet wide from property line to property line, in which
36 case the maximum height shall not be less than 45 feet. If the
37 project is exempted from the local maximum height limitation, the
38 maximum height limitation for a transit-rich housing project shall
39 be 55 feet or 45 feet, as provided in this paragraph.
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I ( 3) For purposes of this subdivision, if a parcel has street
2 frontage on two or more different streets, the maximum height
3 limitation pursuant to this subdivision shall be based on the widest
4 street.
5 (c) A development proponent may submit an application for a
6 development to be subject to the transit-rich housing bonus process
7 provided by subdivision (b) if the application satisfies all of the
8 following planning standards:
9 (I) Any demolition permit that is related to an application for
I 0 a transit-rich housing project is subject to all demolition permit
II controls, restrictions, and review processes enacted by the
12 applicable local government. Additionally, an applicant shall be
13 ineligible for a transit-rich housing bonus if the housing
14 development is proposed on any property that includes a parcel
15 or parcels on which existing rental units that are subject to any
16 form of rent or price control through a local government's valid
17 exercise ~fits police power would need to be demolished, unless
18 the local government passes a resolution explicitly authorizing a
19 review process for demolition permit applications.
20 (2) The development complies with any local inclusionary
21 housing ordinances. For purposes of this paragraph, local
22 inclusionary housing ordinances include either of the following:
23 (A) A mandatory requirement, as a condition of the development
24 of residential units, that the development include a certain
25 percentage of residential units affordable to, and occupied by,
26 households with incomes that do not exceed the limits for
27 moderate-income, lower income, very low income, or extremely
28 low income households specified in Sections 50079.5, 50093,
29 50105, and 50106 of the Health and Safety Code. The ordinance
30 may provide alternative means of compliance that may include,
31 but are not limited to, in-lieu fees, land dedication, off-site
32 construction, or acquisition and rehabilitation of existing units. ff
33 the ordinance is adopted after January I, 2018, it shall meet all
34 the requirements of Section 65850.01.
35 (B) For the purposes of this section, if a community does not
36 have a mandatory requirement as described in subparagraph (A),
37 a locally adopted voluntary incentive-based program that grants
38 a range of incentives to developments that include an objective
39 and knowable amount of on-site affordable housing. The knowable
40 amount of on-site affordable housing and number of incentives
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I shall be calculated based on the project's proximity to different
2 types of public transportation, and include proximity to both
3 regular bus lines, bus rapid transit, and rail stations. In the case
4 that a local inclusionary housing ordinance is a voluntary or
5 incentive-based program as described in this subparagraph, on-site
6 affordable housing requirements for a transit-rich housing project
7 shall be calculated based on the height, density.jloor area ratio,
8 bulk, and automobile parking included in the final design of the
9 transit-rich housing project.
10 ( 3) The development proponent prepares and submits to the
II applicable local government a relocation assistance and benefits
12 plan as described in subdivision (d) of Section 659/8.8.
13 (4) Except as specified in subdivision (a), the transit-rich
14 housing project complies with all local objective zoning design
15 standards that were in effect at the time that the applicant submits
16 its first application to the local govemment pursuant to this section,
17 except as provided in Section 65918.10, provided that those local
18 zoning design standards shall not result in a FAR for the
19 development that received the bonus that is less than the following:
20 (A) 2.5 FAR for lots with a maximum height limit of 45 feet
21 pursuant to this section.
22 (B) 3.25 FAR for lots with a maximum height limit of 55 feet
23 pursuant to this section.
24 (C) 4.5 FAR for lots with a maximum height limit of 85 feet
25 pursuant to this section.
26 (5) Any locally adopted objective zoning standard that involves
27 no personal or subjective judgment by a public official and is
28 uniformly verifiable by reference to an extemal and uniform
29 benchmark or criterion available and knowable by both the
30 development applicant or proponent and public officials before
31 the application is submitted, including but not limited to essential
32 bulk and FAR requirements, except as specified in paragraph ( 4),
33 codified design standards, and development fees.
34 (6) Any locally adopted minimum unit mix requirements,
35 provided that those requirements do not have the effect of requiring
36 more than 40 percent of all units in a transit-rich housing project
37 to have two bedrooms or more.
38 (d) An eligible applicant who receives a transit-rich housing
39 bonus pursuant to this section may also apply for a density bonus,
40 incentive or concession, or waiver or reduction, pursuant to Section
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I 659I5. For pwposes of calculating any base development standard,
2 including maximum allowable residential density.for purposes of
3 granting a density bonus, incentive or concession, or a waiver or
4 reduction of a development standard pursuant to that section, any
5 transit-rich housing bonus granted pursuant to this chapter shall
6 be used as that base development standard.
7 (e) An eligible applicant who receives a transit-housing bonus
8 pursuant to this section, and who requests a streamlined,
9 ministerial, approval process pursuant to Section 659I3.4, shall
I 0 be deemed to be in compliance with local zoning requirements/or
II purposes of determining eligibility pursuant to paragraph (5) of
12 subdivision (a) of Section 65913.4, and for purposes of enforcing
13 legal protections for new developments under Section 65589.5.
14 659I8.7. In the event that a transit-rich housing project is
15 issued a demolition permit by a local government as described in
16 paragraph (I) of subdivision (c) of Section 659I8.6, the project
17 shall comply with any state or local tenant relocation benefit and
18 assistance program or ordinance serving residential tenants living
19 in the units that will be demolished. Moreover, in the event that
20 issuance of a demolition permit would result in the direct
21 displacement of a residential tenant or tenants, the local
22 government may not issue demolition permits for rental housing
23 units as a part of the application for a transit-rich housing project,
24 unless the development proponent complies with relocation benefits
25 and assistance and a right to remain guarantee, as follows:
26 (a) The development proponent prepares and submits a
27 relocation assistance and benefits plan to the jurisdiction as
28 described in subdivision (d) of Section 659I8.8.
29 (b) The development proponent offers all eligible displaced
30 persons a right to remain guarantee that is a right of first refusal
31 for a comparable unit in the transit-rich housing project after it
32 finishes construction, and a new lease for that unit at a rate not
33 to exceed the base rent defined in paragraph (2) ~~subdivision(/)
34 ofSection659I8.9.
35 659I8.8. (a) An eligible applicant that receives a transit-rich
36 housing bonus shall comply with the procedures and requirements
37 in this section in providing relocation benefits and a right to remain
3 8 guarantee to any eligible displaced person.
39 (b) For purposes of this chapter, "eligible displaced person"
40 means the following:
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I (I) Any person who occupies property that is located within the
2 developmellf, and who will become displaced by the development.
3 (2) Any person who moves from property located within the
4 boundaries of the development qfter an application for a
5 development proposal subject to a transit-rich housing bonus is
6 deemed complete.
7 (c) An eligible applicant shall inform all eligible displaced
8 persons regarding the projected date of displacement and,
9 periodically, should inform those persons of any changes in the
10 projected date of displacement.
II (d) A development proponent shall prepare a detailed relocation
12 benefits and assistance plan, and submit that plan to the applicable
13 local government for approval to determine whether the plan
14 complies with the requirements of this section. That plan shall
15 include all (~f the following:
16 (I) A diagrammatic sketch of the project area.
17 (2) Projected dates of displacement.
18 (3) A written analysis of the aggregate relocation needs of all
19 eligible displaced persons and a detailed explanation as to how
20 these needs are to be met.
21 ( 4) A written analysis of relocation housing resources, including
22 vacancy rates of the neighborhood and surrounding areas.
23 (5) A detailed description of relocation payments to be made
24 and a plan for disbursement.
25 (6) A cost estimate for carrying out the plan.
26 (7) A standard information statement to be sent to all eligible
27 displaced persons who will be permanently displaced.
28 (8) Plans for public review and comment on the development
29 project and relocation benefits and assistance plan.
30 (e) A development proponent shall provide notice of the
31 relocation benefits and assistance plan to all eligible displaced
32 persons at least 30 days before submitting the plan to the local
33 government for approval pursuant to subdivision (d).
34 (f) After the applicable local government approves the relocation
35 benefits and assistance plan pursuant to subdivision (d), the eligible
36 applicant shall do all the following:
37 (I) Notify all eligible displaced persons of the following:
38 (A) The availability of relocation benefits and assistance.
39 (B) The eligibility requirements of relocation benefits and
40 assistance.
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I (C) The procedures for obtaining relocation benefits and
2 assistance.
3 (2) Determine the extent of the need of each eligible displaced
4 person for relocation benefits and assistance.
5 (3) Provide the current and continuing information on the
6 availability, prices and rentals of comparable sales and rental
7 housing, and as to security deposits, closing costs, typical down
8 payments, interest rates, and terms for residential property in the
9 area to all eligible displaced persons.
10 (4) Assist each eligible displaced person to complete
II applications for payments and benefits.
12 (5) Assist each eligible displaced person to obtain and move to
13 a comparable replacement dwelling.
14 (6) Supply to each eligible displaced person information
15 concerning federal and state housing programs.
16 (7) Inform all persons who are expected to be displaced about
17 the eviction policies to be pursued in carrying out the project,
18 which policies shall be in accordance with the relocation benefits
19 and assistance plan approved pursuant to subdivision (d).
20 (g) An eligible applicant's obligation to provide relocation
21 benefits and assistance to an eligible displaced person shall cease
22 if any of the following occurs:
23 (I) An eligible displaced person moves to a comparable
24 replacement dwelling and receives all assistance and payments to
25 which he or she is entitled.
26 (2) An eligible displaced person moves to substandard housing,
27 refuses reasonable offers of additional assistance in moving to a
28 decent, safe and sanitary replacement dwelling, and receives all
29 payments to which he or she entitled.
30 ( 3) The eligible applicant has failed to trace or locate the
31 eligible displaced person after making all reasonable efforts to do
32 so.
33 (4) An eligible displaced person from his or her dwelling refuses,
34 in writing, reasonable offers of assistance, payments and
35 comparable replacement housing.
36 (h) An eligible applicant shall not evict an eligible displaced
37 person from property, except as a last resort. If an eligible
38 displaced person is evicted as a last resort pursuant to this
39 subdivision, that eviction in no way affects the eligibility ~f that
40 person for relocation payments.
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I 659I8.9. An eligible applicant that receives a transit-rich
2 housing bonus shall make relocation payments to or on behalf of
3 eligible displaced persons that otherwise meets all basic eligibility
4 conditions set out in Section 659I8.8,for all actual reasonable
5 expenses incurred for moving and related expenses to move
6 themselves, their family, and their personal property, and for
7 relocation benefits. In all cases, the amount of payment shall not
8 exceed the reasonable cost of accomplishing the activity in
9 connection with a claim that has been filed. In making payments
10 under this section, the eligible applicant shall comply with all of
II the following:
12 (a) For purposes of this section, "moving and related expenses"
13 include all of the following:
14 (1) Transportation of persons and property, not to exceed a
15 distance of 50 miles from the site from which they were displaced,
16 except where relocation beyond 50 miles is justified.
17 (2) Packing, crating, unpacking and uncrating personal
18 property.
19 (3) Storage of personal property,for a period not to exceed I2
20 months.
21 (4) Insurance of personal property while in storage or transit.
22 (5) The reasonable replacement value of property lost, stolen
23 or damaged (not through the fault or negligence of the displaced
24 person, his agent, or employee) in the process of nwving, where
25 insurance covering such loss, theft or damage is not reasonably
26 available. A claim for payment hereunder shall be supported by
27 written evidence of loss which may include appraisals, certified
28 prices, bills of sale, receipts, canceled checks, copies of
29 advertisements, offers to sell, auction records, and other records
30 appropriate to support the claim.
31 (b) An eligible applicant may pay an eligible displaced person
32 for their anticipated moving expenses in advance of the actual
33 move. An eligible applicant shall provide advance payment as
34 described in this subdivision whenever later payment would result
35 in financial hardship to the eligible displaced person. In
36 determining financial hardship for purposes of this subdivision,
37 particular consideration shall be given to the financial/imitations
38 and difficulties experienced by low and moderate income persons.
39 (c) This section does not preclude an eligible applicant from
40 relying upon other reasonable means of relocating an eligible
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I displaced person, including contracting to have that eligible
2 displaced person moved to satisfy the requirements of this section,
3 and arranging for assignment of moving expense payments by
4 eligible di;placed persons.
5 (d) An eligible displaced person who elects to self-move may
6 submit a claimfor their moving and related expenses to the eligible
7 applicant in an amount not to exceed an acceptable low bid or an
8 amount acceptable to the displacing entity. An eligible displaced
9 person is not required to provide documentation of moving
10 expenses actually incurred.
II (e) Except in cases of a displaced person conducting a self-move
12 as provided in subdivision (d) above, an eligible displaced person
13 who submits a claim for relocation payments under this section
14 shall include a bill or other evidence of expenses incurred. An
15 eligible applicant may enter into a written arrangement with the
16 eligible displaced person and the mover so that the eligible
17 displaced person may present to the eligible applicant an unpaid
18 moving bill, and the eligible applicant can then pay the mover
19 directly for any moving expenses incurred.
20 (f) For purposes of this section, "relocation benefits" means a
21 payment of an amount necessary to enable that person to lease or
22 rent a replacement dwelling for a period not to exceed 42 months,
23 as follows:
24 (1) The amount of payment necessary to lease or rent a
25 comparable replacement dwelling shall be computed by subtracting
26 42 times the base monthly rental of the displaced person, from 42
27 times the monthly rental for a comparable replacement dwelling,
28 provided, that in no case may such amount exceed the difference
29 between 42 times the base monthly rental as determined in
30 accordance with this subdivision and 42 times the monthly rental
31 actually required for the replacement dwelling occupied by the
32 eligible displaced person.
33 (2) The base monthly rental shall be the lesser of the average
34 monthly rental paid by the eligible displaced person for the
35 three-month period b~fore the eligible applicant submitted the
36 relocation benefits and assistance plan pursuant to subdivision
37 (d) of Section 65918.8, or 30 percent of the eligible displaced
3 8 person's average monthly income.
39 (3) A dependent who is residing separate and apart from the
40 person or family providing support, whether that residence is
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I permanent or temporary shall be entitled to payment under this
2 section, but that payment shall be limited to the period during
3 which the displaced dependent resides in the replacement dwelling.
4 At the time the displaced dependent vacates that dwelling, no
5 further payment under this section shall be made to that person.
6 (4) Except where specifically provided otherwise, the eligible
7 applicant may disburse payments for relocation benefits under
8 this section in a lump sum, monthly or at other intervals acceptable
9 to the displaced person.
10 (g) Upon request by an eligible displaced person who has not
II yet purchased and occupied a replacemellf dwelling, but who is
12 otherwise eligible for a replacement housing payment, the eligible
13 applicant shall certify to any interested party,financial institution,
14 or lending agency, that the eligible displaced person will be eligible
15 for the payment of a specific sum if they purchase and occupy a
16 dwelling within the time limits prescribed.
17 659I8.10. (a) If, on or after January I, 20I8, a local
18 government adopts an ordinance that eliminates residential zoning
19 designations or decreases residential zoning development capacity
20 within an existing zoning district in which the development is
21 located than what was authorized on January I, 20I8, then that
22 development shall be deemed to be consistent with any applicable
23 requirement of this chapter if it complies with zoning designations
24 that were authorized as of January I, 20I8.
25 (b) The Department of Housing and Community Development
26 may, at any time, review any new or revised zoning or design
27 standards after the operative date of the act adding this section to
28 determine if those local standards are consistent with the
29 requirements of this section. If the department determines that
30 those standards are inconsistent, the department shall issue, in a
31 form and manner provided by the department, a finding of
32 inconsistency, and those standards shall be rendered invalid and
33 unenforceable as of the date that finding is issued.
34 SEC. 3. No reimbursement is required by this act pursuant to
35 Section 6 of Article XIJJ B of the California Constitution because
36 a local agency or school district has the authority to levy service
37 charges ,fees, or assessments sufficient to pay for the program or
3 8 level of service mandated by this act, within the meaning of Section
39 I7556 of the Government Code.
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I SEC. 2. Seetiefl6:5917.7 is aclclecl to the Ge•emment Cecle, to
2 fellcl;.
3 6:5917.7. (a) As ttsecl ifl this seetiefl, the folie .. illg clelillitiens
4 shall appl).
5 (I) "Bleek" has the same meaning as clelinecl in sttbcli • isien (a)
6 of Seetien :5870 of the Streets aucl Ilighn!l)S Cock.
7 (2) "High qttality transit eerricler" mealls a eerricler nith lixecl
8 mttte btts ser.iee that has ser.iee inter.als of no mere than 1:5
9 nlilltttes clttring peak eemmttte hettrs.
I 0 (3) "Transit rieh hettsing prejeet" means a resiclelltial
II cle.eleptnent prejeet the pareels of whieh are all "ithill a one half
12 u;ile raclitts of a major transit step or a elle qttarter mile raclitts of
13 a high qttalit) trallsit eerriclel'. A projeet shall be cleemecl to be
14 "ithill a one half mile raclitts of a fllajertrallsit step or a one qttarter
15 tnile raclitts of a high-qttalil) trallsit eerricler if beth of the fellewillg
I 6 ftfJflly7
17 (A) All pareels "ithill the prejeet ha • e ue mere than 25 pereellt
18 of their area etttsicle of a elle half mile raclitts of a tnajer trallsit
19 step or a elle qttarter mile raclitts of a high-qttalit) transit eerriclel'.
20 (B) No mere than 10 pereellt of the resiclential ttnits or 100 ttllits,
21 .. hiehe•er is less, of the prejeet are etttsicle of a efle-half mile
22 raclitts of a major traflsit step or a ene-qttarter mile raclitts of a
23 high qttality transit eerriclel'.
24 (4) "Majer traflsit step" has the same meaniflg as clelinecl ifl
25 Seetiefl 21064.3 of the Pttblie Resettrees Cecle.
26 (b) Noh• ithstaflcliflg an) leeal erclillaflee, get~eral plafl elernellt,
27 speeilie plall, eharter, or ether leeal Ian, pelie), reseltttiefl, or
28 regttlatiell, a traflsit rieh hettsiflg prejeet shall reeei • e a traflsit-rieh
29 hettsiflg belltts .. hieh shall exempt the prejeet from all of the
30 feliM iflg.
31 (I) Maximttm eefltmls en residential clellsil) or fleer area ratio.
32 (2) Miflifltttm atttemebile parkiflg reqttiremeflts.
33 (3) Afl) clesigu stanclarcl that restriets the applieaflt's ability to
34 eellstrttet the maxitnttttl llttmber of ttflits eeflsisteflt "ith an)
35 applieable bttilclillg eecle.
36 (4) (A) If the traflsit-rieh hettsillg prejeet is ·.vithifl either a
37 efle qttarter mile raclitts of a high qttality transit eerricler or .. ithifl
38 one bleek of a major traflsit step, fill) maximttm height lifl;itatien
39 that is less than 85 feet, exeept ill eases .. here a pareel faeillg a
40 street that is less than 4:5 feet nicle from ettrb to ettrb, ill .. hieh
98
SB827 -14-
I ease the maximtim height shall net be less than 55 feet. If the
2 prejeet is exetnpted frem the leealn1aximt1m height limitatien, the
3 ge .erning height limitatien fer a transit rieh htmsing prejeet shall
4 be 85 feet er 55 feet, as pm.ided in this Stibparagraph.
5 (B) If the transit rieh hettsing prejeet is "ithill e~~e-half mile ef
6 a majer transit step, btit dees net meet the criteria specified ill
7 stibparagraph (A), aH:y tilaxitiltlffi height limitatien that is less thall
8 55 feet, exeept in eases "here a pareel fueillg a street that is less
9 than 45 feet wide frem ettrb te etlrb, ill nhieh ease the maxi!lltlm
10 height shall Het be less than 45 feet. If the prejeet is exempted
II fmm the leeal maximttH1 height limitatien, the ge.erHiHg height
12 limitatiell fer a traHsit rieh hettsillg prejeet shall be 55 feet er 45
13 feet, as predded in this sttbparagraph.
14 (C) Fer pttrpeses ef this paragraph, ifa pareel has street fl·entage
15 ell t .. e er mere different streets, the height tnaximttm ptirsttaHt te
16 this paragraph shall be based eft the "idest street.
17 SEC. 3. Ne reimbttrsetfle!lt is reqttired b:y this aet ptirsttant te
18 Seetien 6 efArtiele Xlll 8 ef the Califemia Ce!lstittttien beeattse
19 a leeal ageney er seheel district has the atitherity te le•) ser.iee
20 eharges, fees, er assesst!lents sttffieient te pay fer the pre gram er
21 Ie.el ef ser. iee mandated b:y this aet, "ithiH the meaning ef Seetien
22 17556 ef the Ge.ernme!lt Cede.
0
98
April 17, 2018
Honorable Scott Weiner
California State Senate
State Capitol Building, Room 4066
Sacramento, CA 95814
RE: SB 827 (Weiner), Notice of Opposition
Dear Senator Weiner:
ATTACHMENT B
The City of Temple City respectfully expresses its opposition to your legislation, SB 827
(Weiner), which would exempt certain housing projects from locally developed and adopted
height limitations, densities, parking requirements, and design review standards.
The intent of SB 827 is that in many communities, restrictive zoning~such as mandating single-
family homes in areas with high quality transit corridors~limits the number of people who can
live near public transp011ation.
Specifically, SB 827 would undermine locally adopted General Plans, Housing Elements (which
are ce11ified by the Department of Housing and Community Development), and Sustainable
Community Strategies (SCS). SB 827 allows private for-profit housing developers to determine
housing densities, parking requirements, and design review standards within one-half mile of a
"major transit stop," or one-quarter mile radius of a transit stop on a "high quality transit
corridor." 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 more ballot measures dealing with growth management.
For these reasons, the City of Temple City must express its opposition to this bill.
Sincerely,
William Man
Mayor
C: Honorable Judy Chu, US Congress (District 27)
Honorable Ed Hernandez, California Senate (District 22)
Honorable Ed Chau, California Assembly (District 49)
Jennifer Quan, League of California Cities
Camille Wagner, Office of Governor Edmund G. Brown Jr.