HomeMy WebLinkAboutStaff Report 3.D 03/05/2018DATE: March 5, 2018
Agenda Item #3.D
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Sue Castellucci, Housing Administrators&
SUBJECT: Resolution Opposing Senate Bill 827 (Wiener) - Transit -Rich Housing
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Opposing Senate Bill 827
(Wiener) - Transit -Rich Housing.
BACKGROUND
The 2017 legislative session included the enactment of fifteen significant bills, many of which
were intended to "streamline" local government approvals of housing projects. The Legislature,
developers, cities, counties and others are still digesting the many changes to existing law, which
took effect on January 1, 2018. Senator Wiener's proposed bill (SB 827) would exempt certain
housing projects from locally developed and adopted building height limitations, densities,
parking requirements and design review standards.
Specifically, SB 827 would undermine locally adopted General Plans, Housing Elements (which
are certified by the Department of Housing and Community Development), Zoning Ordinances
and Sustainable Community Strategies. SB 827 would allow 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." Additionally, housing developments within these areas can range in height between
45 feet and 85 feet (e.g. 4 to 8 stories) depending on the desire of the developer.
SB 827 states - Notwithstanding any local ordinance, General Plan element, specific plan,
charter, or other local law, policy, resolution or regulation, a transit -rich housing project shall
receive a transit -rich housing bonus which shall exempt the project from all of following:
• 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
• Within one-quarter mile radius of a high-quality transit corridor any maximum height
limitation can be between 85 feet but not less than 55 feet
• Within one-half mile radius of a major transit stop the maximum height limitation can be
between 55 feet but not less than 45 feet
DISCUSSION
SB 827 pre-empts local zoning and policies by allowing denser and taller zoning for housing
within a quarter mile or half mile of specified transit and would eliminate opportunities for
public review, project -level environmental review and limit design review.
Under existing law, cities are already required to zone for densities at levels necessary to meet
their entire Regional Housing Needs Allocation (RHNA). When the Central Petaluma Specific
Plan was adopted on June 2, 2003, Petaluma increased density around the central Petaluma core
to 60/units per acre. With the adoption of the Station Area Master Plan and the SmartCode
update in 2013, the upper limit on density was removed. In the areas controlled by the
Implementing Zoning Ordinance, adequate sites exist to meet our housing needs with a high of
30 units per acre and up to a 35% increase through the City's density bonus ordinance.
Petaluma's General Plan was adopted in 2008 and more recently the Housing Element was
updated and certified by the Department of Housing and Community Development in 2015. With
those documents, Petaluma has already zoned at density levels necessary to meet our entire
Regional Housing Needs Allocation (RHNA) for 2015-2023 and beyond. As is the case with
most General Plans/Housing Elements, they are policy documents designed to guide the future
development of the community. They are not, however, detailed documents that ensure projects
proposed in a by right format will meet community standards and expectations.
A draft letter of opposition is attached for the City Council's consideration.
FINANCIAL IMPACTS
There are no financial impacts beyond the staff time associated with preparing this report.
ATTACHMENTS
1. Resolution
2. Draft Letter
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ATTACHMENT I
RESOLUTION AUTHORIZING THE OPPOSITION TO
SENATE BILL 827 (WEINER) — TRANSIT -RICH HOUSING
WHEREAS, Senate Bill 827 is proposed to change state law to exempt projects located
one-quarter to one-half mile from high-quality transit corridors or major transit stops from
locally developed and adopted building height limitations, densities, parking requirements and
design review; and
WHEREAS, cities and counties would not be allowed to require any type of
discretionary approval process for qualifying housing projects; and
WHEREAS, the SB 827 pre-empts local zoning approvals of specified housing
developments by having all such approvals be considered exempt, eliminating opportunities for
public review, project -level environmental review (CEQA) and restricting design review; and
WHEREAS, Petaluma has implemented its inclusionary housing program through
flexibility and developing partnerships with developers and nonprofits to leverage opportunities
for affordable housing; and
WHEREAS, Petaluma has increased density in the Central Petaluma Specific Plan
adopted in 2003, and with the adoption of the Station Area Master Plan in 2013 around transit
sites; and
WHEREAS, in all instances, project review by staff, design review and environmental
review by appointed bodies, and active community engagement have resulted in successful
projects; and
WHEREAS, Petaluma's General Plan was adopted in 2008 and more recently the
Housing Element was updated and certified by the Department of Housing and Community
Development in 2015.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma does hereby oppose Senate Bill 827 — Transit -Rich Housing.
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ATTACHMENT 2
March 5, 2018
The Honorable Bill Dodd
California State Senate
State Capitol Building, Room 5064
Sacramento, CA 95814
VIA FAX: 916-651-4903
The Honorable Mike McGuire
California State Senate
State Capitol Building, Room 5061
Sacramento, CA 95814
VIA FAX: 916-651-4902
The Honorable Marc Levine
California State Assembly
State Capitol Building, Room 5135
Sacramento, CA 95814
VIA FAX: 916-319-2110
RE: OPPOSE - SB 827 (Wiener) Transit -Rich Housing
Dear Honorable Senator Dodd, Senator McGuire and Assembly Member Levin:
The City of Petaluma opposes the legislation by Senator Wiener, Senate Bill 827, which
would exempt certain housing projects from locally developed and adopted height
limitations, densities, parking requirements and design review standards.
Specifically, SB 827 would undermine locally adopted General Plans, Housing Elements,
(which are certified by the Department of Housing and Community Development) and
Sustainable Community Strategies (SCS). 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. 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 representatives of their support or
concerns when planning documents are developed. Public engagement also often leads to
better projects.
ATTACHMENT
Petaluma's General Plan was adopted in 2008 and more recently the Housing Element was updated and
certified by the Department of Housing and Community Development in 2015. As is the case with most
General Plans/Housing Elements, they are policy documents designed to guide the future development of the
community.
On behalf of the Petaluma City Council and the residents we represent who deserve a voice in the future
shape of their communities, the City of Petaluma respectfully states our opposition to this legislation.
Sincerely,
David Glass
Mayor
Teresa Barrett
Council Member
Mike Healy
Vice Mayor
Gabe Kearney
Council Member
Chris Albertson
Council Member
Dave King
Council Member
Kathy Miller
Council Member
cc: Nancy Bennett, Regional Public Affairs Manager, League of California Cities,
(via e-mail: nbennett@cacities.org)
Meg Desmond, League of California Cities, mdesmond@cacities.org