RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/06/2018 AGENDA HEADING: Consent Calendar

Transcription

1 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/06/2018 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to oppose Senate Bill No. 827 regarding transit-rich housing bonuses for multifamily housing projects RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a letter to Senator Weiner in opposition to Senate Bill No. 827 (SB 827) regarding transit-rich housing bonuses for multifamily housing projects. FISCAL IMPACT: None Amount Budgeted: Additional Appropriation: Account Number(s): N/A N/A N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst REVIEWED BY: Gabriella Yap, Deputy City Manager APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft letter in opposition to SB 827 (page A-1) B. League of California Cities Action Alert regarding SB 827 (page B-1) C. SB 827 (page C-1) BACKGROUND AND DISCUSSION: As the City Council may recall, Senator Scott Wiener from San Francisco introduced Senate Bill No. 35 (SB 35) in February SB 35 proposed to require streamlined, ministerial permits for qualifying housing projects if a city doesn t provide the numbers of housing units required in categories of its Regional Housing Needs Allocation (RHNA). Streamlining would include the elimination of public hearing and environmental review processes for certain multifamily housing projects in nearly all California cities with more than 2,500 residents. The City Council opposed SB 35, built it signed into law by Governor Brown in October On January 25, 2018, the League of California Cities (League) advised Staff that Senator Wiener had introduced Senate Bill No. 827 (SB 827) on January 3, 2018 (Attachment C). As currently proposed, SB 827 would obligate cities to provide transitrich housing bonuses for multifamily residential projects located within one-half mile of 1

2 a major transit stop, or along a high-quality transit corridor, which could be miles away from an actual bus stop. In addition to increased density, such bonuses would waive parking requirement and design review standards, and permit structures between forty-five (45) and eighty-five (85) feet tall by right. The League is opposed to SB 827 (Attachment B) and has asked cities to express their opposition to the bill as well. SB 827 would undermine locally adopted General Plans, Housing Elements and Sustainable Community Strategies. SB 827 allows private for-profit housing developers and transit agencies rather than cities to determine housing densities, parking requirements, and design review standards for multifamily projects. Under existing law, the City is already required to zone for densities at levels necessary to meet our Regional Housing Needs Allocation (RHNA). Exempting large-scale developments from local land use control goes against the very principles upon which the City of Rancho Palos Verdes was founded. Local land use and zoning laws are designed to protect the quality and integrity of cities. Public hearings allow members of the community to inform their representatives of their support or concerns when planning projects are developed, often leading to better projects. Disregarding such requirements and processes will foster increased public distrust in government and strip cities of local land use authority and autonomy. In light of the adverse impacts that the enactment of SB 827 could have upon the City, Staff has prepared a letter in opposition to the bill for the Mayor s signature (Attachment A). If approved, Staff will immediately transmit this letter to the Senator Wiener and the League. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council s consideration: 1. Do not authorize the Mayor to sign the letter in opposition to SB

3 February 2, 2018 The Honorable Scott Wiener California State Senate State Capitol, Rm Sacramento, CA Via Facsimile: (916) SUBJECT: Dear Senator Wiener: SB 827 (Wiener) Planning and Zoning. Notice of Opposition (as introduced 1/3/18) The City of Rancho Palos Verdes opposes SB 827 (Wiener), 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, which could be miles away from an actual bus stop. 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 additional ballot measures dealing with growth management. For these reasons, the City of Rancho Palos Verdes opposes SB 827. Sincerely, Susan Brooks Mayor DRAFT cc: Senator Ben Allen, FAX (916) Assembly Member Al Muratsuchi, FAX (916) Senate Transportation & Housing Committee, FAX (916) Senate Governance and Finance Committee, FAX (916) Jeff Kiernan, League of California Cities (jkiernan@cacities.org) Meg Desmond, League of California Cities (cityletters@cacities.org) Rancho Palos Verdes City Council A-1

4 From: To: Subject: Date: Attachments: Importance: Jeff Kiernan Jeff Kiernan ACTION ALERT: SB 827 (Wiener) Planning and Zoning - Density Thursday, January 25, :27:26 PM SB 872 (Wiener) SAMPLE OPPOSE docx sb_827_99_i_bill.pdf High Good Afternoon Mayors, Council Members, and City Managers: The League s first action alert of the year is a critical one. SB 827 takes transit oriented development and expands it to an unprecedented level beyond just encompassing those areas near a transit stop, now the entire route would be subject to up zoning. Senator Weiner s bill would allow housing developments to proceed without any parking requirements and would allow buildings between 45 and 85 so long as those developments are within ½ mile of a major transit stop or within ¼ mile of a high-quality transit corridor. Most, if not all, of the City of Los Angeles would be subject to these new zoning requirements and many smaller cities will find themselves caught up in these new rules should they pass. Please help us defeat this bad bill! Jeff ACTION ALERT!! SB 827 (Wiener) Planning and Zoning - Density OPPOSE Background: SB 827 (Wiener) 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), 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 which could be miles away from an actual bus stop. Additionally, housing developments within these areas can range in height between 45 feet and 85 feet depending on the desire of the developer. It is important to note that under existing law, cities are already required to zone for densities at levels necessary to meet their entire Regional Housing Needs Allocation (RHNA). SB 827 is an attack on community based planning and public engagement because developers and transits agencies will get to determine building height limitations, densities, parking requirements, and design review standards. SB 827 calls to question why cities should create General Plans and Housing Elements if these documents can be dismissed. ACTION: SB 827 (Wiener) will be heard in the Senate Committee on Transportation and Housing and the Senate Committee on Governance and Finance in the next few weeks. Please consider these two helpful actions: B-1

5 1) All Senators need to receive letters of opposition on this overreaching bill; however, special attention should be paid to the Senators serving on the two committees noted. If you have a Senator on either of these committees, please send in a CITY LETTER of OPPOSITION and urge your Senator s NO vote on SB 827. Please send your letter via fax (sample letter attached) or may be sent through the League s Action Center. 2) Phone calls are needed. If you have a Senator on either of these committees, please CALL YOUR SENATOR and urge their NO vote on SB 827. Phone numbers and talking points are included in this alert (below). SENATE TRANSPORTATION AND HOUSING Member District Party Room Phone Fax Allen, Ben 26 D Beall, Jim (Chair) 15 D Cannella, Anthony (Vice-Chair) 12 R Dodd, Bill 3 D Gaines, Ted 1 R McGuire, Mike 2 D Mendoza, Tony 32 D Morrell, Mike 23 R Roth, Richard 31 D Skinner, Nancy 9 D Vidak, Andy 14 R Wieckowski, Bob 10 D Wiener, Scott 11 D SENATE GOVERNANCE AND FINANCE Member District Party Room Phone Fax Beall, Jim 15 D Hernandez, Ed 22 D Hertzberg, Bob 18 D Lara, Ricardo 33 D McGuire, Mike (Chair) 2 D Moorlach, John 37 R Nguyen, Janet (Vice-Chair) 34 R You can find your Legislator s full contact information here: Talking Points: Last year, the Governor signed a comprehensive 15 bill housing package. The Legislature, developers, cities, and the others are still digesting the many changes to exiting law, which took effect three weeks ago. Now is not the time to change the rules, yet again. We oppose SB 827 because it strips local government officials and community members of their B-2

6 ability to appropriately plan for future development. Instead, SB 827 gives developers and transit agencies, who are unaccountability at the local level, the power to exempt themselves from locally developed and adopted building height limitations, densities, parking requirements, and design review standards. SB 827 would provide developers a means to generate additional profits without requiring them to construct any affordable housing. More density does not equal more affordability. The City/Town of has already zoned at densities levels necessary to meet our entire Regional Housing Needs Allocation (RHNA). Why should density levels be arbitrarily increased if we have already adequately planned for our fair share of housing? The City/Town of has increased density around transit. Our density levels near transit are currently per acre. SB 827 is an extreme overreach and giveaway to developers and should not move forward. Please vote NO on SB 827. B-3

7 SENATE BILL No. 827 Introduced by Senator Wiener (Principal coauthor: Senator Skinner) (Principal coauthor: Assembly Member Ting) January 3, 2018 An act to add Section to the Government Code, relating to land use. legislative counsel s digest SB 827, as introduced, 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 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. 99 C-1

8 SB 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. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares that this act line 2 addresses a matter of statewide concern and shall apply equally to line 3 all cities and counties in this state, including charter cities. line 4 SEC. 2. Section is added to the Government Code, to line 5 read: line (a) As used in this section, the following definitions line 7 shall apply: line 8 (1) Block has the same meaning as defined in subdivision (a) line 9 of Section 5870 of the Streets and Highways Code. line 10 (2) High-quality transit corridor means a corridor with fixed line 11 route bus service that has service intervals of no more than 15 line 12 minutes during peak commute hours. line 13 (3) Transit-rich housing project means a residential line 14 development project the parcels of which are all within a one-half line 15 mile radius of a major transit stop or a one-quarter mile radius of line 16 a high-quality transit corridor. A project shall be deemed to be line 17 within a one-half mile radius of a major transit stop or a one-quarter line 18 mile radius of a high-quality transit corridor if both of the following line 19 apply: line 20 (A) All parcels within the project have no more than 25 percent line 21 of their area outside of a one-half mile radius of a major transit line 22 stop or a one-quarter mile radius of a high-quality transit corridor. line 23 (B) No more than 10 percent of the residential units or 100 units, line 24 whichever is less, of the project are outside of a one-half mile 99 C-2

9 3 SB 827 line 1 radius of a major transit stop or a one-quarter mile radius of a line 2 high-quality transit corridor. line 3 (4) Major transit stop has the same meaning as defined in line 4 Section of the Public Resources Code. line 5 (b) Notwithstanding any local ordinance, general plan element, line 6 specific plan, charter, or other local law, policy, resolution, or line 7 regulation, a transit-rich housing project shall receive a transit-rich line 8 housing bonus which shall exempt the project from all of the line 9 following: line 10 (1) Maximum controls on residential density or floor area ratio. line 11 (2) Minimum automobile parking requirements. line 12 (3) Any design standard that restricts the applicant s ability to line 13 construct the maximum number of units consistent with any line 14 applicable building code. line 15 (4) (A) If the transit-rich housing project is within either a line 16 one-quarter mile radius of a high-quality transit corridor or within line 17 one block of a major transit stop, any maximum height limitation line 18 that is less than 85 feet, except in cases where a parcel facing a line 19 street that is less than 45 feet wide from curb to curb, in which line 20 case the maximum height shall not be less than 55 feet. If the line 21 project is exempted from the local maximum height limitation, the line 22 governing height limitation for a transit-rich housing project shall line 23 be 85 feet or 55 feet, as provided in this subparagraph. line 24 (B) If the transit-rich housing project is within one-half mile of line 25 a major transit stop, but does not meet the criteria specified in line 26 subparagraph (A), any maximum height limitation that is less than line feet, except in cases where a parcel facing a street that is less line 28 than 45 feet wide from curb to curb, in which case the maximum line 29 height shall not be less than 45 feet. If the project is exempted line 30 from the local maximum height limitation, the governing height line 31 limitation for a transit-rich housing project shall be 55 feet or 45 line 32 feet, as provided in this subparagraph. line 33 (C) For purposes of this paragraph, if a parcel has street frontage line 34 on two or more different streets, the height maximum pursuant to line 35 this paragraph shall be based on the widest street. line 36 SEC. 3. No reimbursement is required by this act pursuant to line 37 Section 6 of Article XIIIB of the California Constitution because line 38 a local agency or school district has the authority to levy service line 39 charges, fees, or assessments sufficient to pay for the program or 99 C-3

10 SB line 1 level of service mandated by this act, within the meaning of Section line of the Government Code. O 99 C-4