HomeMy WebLinkAbout2019-02-26 - AGENDA REPORTS - STATE LEGISLATION: SB 50 (2)Agenda Item: 3
DATE: February 26, 2019
SUBJECT: STATE LEGISLATION: SENATE BILL 50
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council oppose Senate Bill 50 (Wiener) and transmit position statements to Senator Wiener,
Santa Clarita's state legislative delegation, appropriate legislative committees, Governor
Newsom, and the League of California Cities.
BACKGROUND
Authored by Senator Scott Wiener (D -11 -San Francisco), Senate Bill 50 restricts certain local
land use authority including density, height, parking, and floor area ratio standards related to
specific residential developments near a major transit stop, major transit corridor or major job
center.
Specifically, this bill:
1. Establishes a building incentive for multi -unit residential projects that are located within
a one-half mile radius of a major transit stop, one-quarter mile radius of a high quality
transit corridor, or near a high-volume of jobs.
2. Establishes a "job -rich housing project" and assigns the California Department of
Housing and Community Development and the Office of Planning Research to identify
the criteria needed for a development to qualify as "job -rich."
3. Exempts a multi -unit residential project that qualifies as either a job -rich housing project
or is located within a one-half mile radius of a major transit stop or a one-quarter mile
radius of a high quality transit corridor from the following:
a. Maximum controls on residential density
b. Minimum automobile parking requirements greater than 0.5 automobile parking
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spots per unit
4. In addition to the exemptions listed in Section 3 above, a transit oriented multi -unit
residential project is exempted from any local ordinance, resolution, or regulation related
to the height and floor -area ratio of the residential project and establishes the following
height and floor -area ratio regulations:
a. If a project is within a one-half mile radius, but outside a one-quarter mile radius,
of a major transit stop, the maximum height requirements cannot be less than 45
feet and the maximum floor -area ratio requirements cannot be less than 2.5
b. If a project is within a one-quarter mile radius of a major transit stop, the
maximum height requirements cannot be less than 55 feet and the maximum
floor -area ratio requirements cannot be less than 3.25
Analysis
The attached map identifies four locations and three corridors within the City that could be
impacted if this bill is passed by the Legislature and signed into law. The City's three existing
Metrolink stations (Via Princessa, Santa Clarita, and Newhall) and one future station (Vista
Canyon) are all "major transit stops," as it is defined in the California Constitution. Therefore,
potential developers interested in building a multi -unit residential development within the
prescribed proximity of the four locations would be exempt from local regulations related to
residential density, height, parking and floor -area ratio standards.
Additionally, staff identified the following three corridors within the City as other areas this bill
would apply to:
1. Soledad Canyon Road/Valencia Boulevard (beginning at the Santa Clarita Metrolink
station and ending at McBean Parkway)
2. Lyons Avenue (beginning at Railroad Avenue and ending at Wiley Canyon Road)
3. Newhall Avenue (beginning at Lyons Avenue and ending at Sierra Highway)
The City currently has policies in place related to residential development standards on parking,
height, and open space of multi -unit residential developments. If this bill is implemented, the
following standards in the City's Unified Development Code will no longer apply to multi -unit
residential developments built within the prescribed distance of the four identified major transit
stops and three high-quality transit corridors in the City:
Buildings and structures exceeding two stories or 35 feet in height, whichever is more
restrictive, require approval of a conditional use permit.
2. Parking to be provided based on the size of each residential unit, as follows:
a. Studio units - one enclosed parking space per unit;
b. One bedroom units - two enclosed parking spaces per unit;
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c. Two bedroom units - two enclosed parking spaces per unit; and
d. Guest parking - one parking space per each two units
3. Open space to be provided based on the size of each residential unit, as follows:
a. Studio units - 200 square feet of open space;
b. One bedroom units - 300 square feet of open space;
c. Two bedroom units - 400 square feet of open space; and
d. Single family detached/townhome units - 650 square feet of open space
4. A fully enclosed garage or a minimum of 250 cubic feet of lockable, enclosed storage per
unit.
5. A minimum distance of ten feet between all main residential buildings.
6. Recreational facilities, including:
a. Landscaped park -like quiet area;
b. Children's play area; and
c. Family picnic area
The City Council opposed a similar bill that was introduced during the 2017-18 Legislative
Session, Senate Bill 827 (Wiener) at the March 27, 2018, Regular City Council Meeting.
Additionally, the City of Santa Clarita 2019 Legislative Platform (Legislative Platform) includes
a component related to local land use authority. Specifically, component 21 under the "State"
section of the Legislative Platform advises that the City Council, "Oppose legislation that would
interfere with, limit or eliminate the decision-making authority of municipalities in the area of
local land use."
Senate Bill 50 was introduced on December 3, 2018, and was referred to the Senate Committee
on Housing and Senate Committee on Governance and Finance. No hearing date was scheduled
at the time of the draft of this report.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 50
2. Adopt a "support" position on Senate Bill 50
3. Take no action on Senate Bill 50
4. Refer Senate Bill 50 to the Legislative Committee
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5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted Fiscal Year 2018-19 budget.
ATTACHMENTS
Senate Bill No. 50 - Bill Text
Map related to Senate Bill No. 50
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SENATE BILL No. 50
Introduced by Senator Wiener
(Coauthors: Senators Caballero, Hueso, Moorlach, and Skinner)
(Coauthors: Assembly Members Burke, Kalra, Kiley, Low,
Robert Rivas, Ting, and Wicks)
December 3, 2018
An act to add Chapter 4.35 (commencing with Section 65918.50) to
Division 1 of Title 7 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 50, as introduced, Wiener. Planning and zoning: housing
development: equitable communities incentive.
Existing law, known as the Density Bonus 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 require a city, county, or city and county to grant
upon request an equitable communities incentive when a development
proponent seeks and agrees to construct a residential development, as
defined, that satisfies specified criteria, including, among other things,
that the residential development is either a job -rich housing project or
a transit -rich housing project, as those terms are defined; the site does
not contain, or has not contained, housing occupied by tenants or
accommodations withdrawn from rent or lease in accordance with
specified law within specified time periods; and the residential
development complies with specified additional requirements under
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existing law. The bill would require that a residential development
eligible for an equitable communities incentive receive waivers from
maximum controls on density and automobile parking requirements
greater than 0.5 parking spots per unit, up to 3 additional incentives or
concessions under the Density Bonus Law, and specified additional
waivers if the residential development is located within a V, -mile or
V, -mile radius of a major transit stop, as defined. The bill would
authorize a local government to modify or expand the terms of an
equitable communities incentive, provided that the equitable
communities incentive is consistent with these provisions.
The bill would include findings that the changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities. The bill would
also declare the intent of the Legislature to delay implementation of
this bill in sensitive communities, as defined, until July 1, 2020, as
provided.
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:
1 SECTION 1. Chapter 4.35 (commencing with Section
2 65918.50) is added to Division 1 of Title 7 of the Government
3 Code, to read:
4
5 CHAPTER 4.35. EQUITABLE COMMUNITIES INCENTIVES
6
7 65918.50. For purposes of this chapter:
8 (a) "Affordable" means available at affordable rent or affordable
9 housing cost to, and occupied by, persons and families of extremely
10 low, very low, low, or moderate incomes, as specified in context,
11 and subject to a recorded affordability restriction for at least 55
12 years.
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(b) "Development proponent" means an applicant who submits
an application for an equitable communities incentive pursuant to
this chapter.
(c) "Eligible applicant" means a development proponent who
receives an equitable communities incentive.
(d) "FAR" means floor area ratio.
(e) "High-quality bus corridor" means a corridor with fixed
route bus service that meets all of the following criteria:
(1) It has average service intervals of no more than 15 minutes
during the three peak hours between 6 a.m. to 10 a.m., inclusive,
and the three peak hours between 3 p.m. and 7 p.m., inclusive, on
Monday through Friday.
(2) It has average service intervals of no more than 20 minutes
during the hours of 6 a.m. to 10 a.m., inclusive, on Monday through
Friday.
(3) It has average intervals of no more than 30 minutes during
the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.
(f) "Job -rich housing project" means a residential development
within an area identified by the Department of Housing and
Community Development and the Office of Planning and Research,
based on indicators such as proximity to jobs, high area median
income relative to the relevant region, and high-quality public
schools, as an area of high opportunity close to jobs. A residential
development shall be deemed to be within an area designated as
job -rich if both of the following apply:
(1) All parcels within the project have no more than 25 percent
of their area outside of the job -rich area.
(2) No more than 10 percent of residential units or 100 units,
whichever is less, of the development are outside of the job -rich
area.
(g) "Local government" means a city, including a charter city,
a county, or a city and county.
(h) "Major transit stop" means a site containing an existing rail
transit station or a ferry terminal served by either bus or rail transit
service.
(i) "Residential development" means a project with at least
two-thirds of the square footage of the development designated
for residential use.
0) "Sensitive community" means an area identified by the
Department of Housing and Community Development, in
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1 consultation with local community-based organizations in each
2 region, as an area vulnerable to displacement pressures, based on
3 indicators such as percentage of tenant households living at, or
4 under, the poverty line relative to the region.
5 (k) "Tenant" means a person residing in any of the following:
6 (1) Residential real property rented by the person under a
7 long-term lease.
8 (2) A single -room occupancy unit.
9 (3) An accessory dwelling unit that is not subject to, or does
10 not have a valid permit in accordance with, an ordinance adopted
11 by a local agency pursuant to Section 65852.22.
12 (4) A residential motel.
13 (5) Any other type of residential property that is not owned by
14 the person or a member of the person's household, for which the
15 person or a member of the person's household provides payments
16 on a regular schedule in exchange for the right to occupy the
17 residential property.
18 ([) "Transit -rich housing project" means a residential
19 development the parcels of which are all within a one-half mile
20 radius of a major transit stop or a one-quarter mile radius of a stop
21 on a high-quality bus corridor. A project shall be deemed to be
22 within a one-half mile radius of a major transit stop or a one-quarter
23 mile radius of a stop on a high-quality bus corridor if both of the
24 following apply:
25 (1) All parcels within the project have no more than 25 percent
26 of their area outside of a one-half mile radius of a major transit
27 stop or a one-quarter mile radius of a stop on a high-quality bus
28 corridor.
29 (2) No more than 10 percent of the residential units or 100 units,
30 whichever is less, of the project are outside of a one-half mile
31 radius of a major transit stop or a one-quarter mile radius of a stop
32 on a high-quality bus corridor.
33 65918.51. (a) A local government shall, upon request of a
34 development proponent, grant an equitable communities incentive,
35 as specified in Section 65918.53, when the development proponent
36 seeks and agrees to construct a residential development that
37 satisfies the requirements specified in Section 65918.52.
38 (b) It is the intent of the Legislature that, absent exceptional
39 circumstances, actions taken by a local legislative body that
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1 increase residential density not undermine the equitable
2 communities incentive program established by this chapter.
3 65918.52. In order to be eligible for an equitable communities
4 incentive pursuant to this chapter, a residential development shall
5 meet all of the following criteria:
6 (a) The residential development is either a job -rich housing
7 project or transit -rich housing project.
8 (b) The residential development is located on a site that, at the
9 time of application, is zoned to allow housing as an underlying
10 use in the zone, including, but not limited to, a residential,
11 mixed-use, or commercial zone, as defined and allowed by the
12 local government.
13 (c) (1) If the local government has adopted an inclusionary
14 housing ordinance requiring that the development include a certain
15 number of units affordable to households with incomes that do not
16 exceed the limits for moderate -income, lower income, very low
17 income, or extremely low income specified in Sections 50079.5,
18 50093, 50105, and 50106 of the Health and Safety Code, and that
19 ordinance requires that a new development include levels of
20 affordable housing in excess of the requirements specified in
21 paragraph (2), the residential development complies with that
22 ordinance.
23 (2) If the local government has not adopted an inclusionary
24 housing ordinance, as described in paragraph (1), and the residential
25 development includes or more residential units, the residential
26 development includes onsite affordable housing for households
27 with incomes that do not exceed the limits for extremely low
28 income, very low income, and low income specified in Sections
29 50093, 50105, and 50106 of the Health and Safety Code. It is the
30 intent of the Legislature to require that any development of
31 or more residential units receiving an equitable communities
32 incentive pursuant to this chapter include housing affordable to
33 low, very low or extremely low income households, which, for
34 projects with low or very low income units, are no less than the
35 number of onsite units affordable to low or very low income
36 households that would be required pursuant to subdivision (f) of
37 Section 65915 for a development receiving a density bonus of 35
38 percent.
39 (d) The site does not contain, or has not contained, either of the
40 following:
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1 (1) Housing occupied by tenants within the seven years
2 preceding the date of the application, including housing that has
3 been demolished or that tenants have vacated prior to the
4 application for a development permit.
5 (2) A parcel or parcels on which an owner of residential real
6 property has exercised his or her rights under Chapter 12.75
7 (commencing with Section 7060) of Division 7 of Title 1 to
8 withdraw accommodations from rent or lease within 15 years prior
9 to the date that the development proponent submits an application
10 pursuant to this chapter.
11 (e) The residential development complies with all applicable
12 labor, construction employment, and wage standards otherwise
13 required by law and any other generally applicable requirement
14 regarding the approval of a development project, including, but
15 not limited to, the local government's conditional use or other
16 discretionary permit approval process, the California
17 Environmental Quality Act (Division 13 (commencing with Section
18 21000) of the Public Resources Code), or a streamlined approval
19 process that includes labor protections.
20 (f) The residential development complies with all other relevant
21 standards, requirements, and prohibitions imposed by the local
22 government regarding architectural design, restrictions on or
23 oversight of demolition, impact fees, and community benefits
24 agreements.
25 (g) The equitable communities incentive shall not be used to
26 undermine the economic feasibility of delivering low-income
27 housing under the state density bonus program or a local
28 implementation of the state density bonus program, or any locally
29 adopted program that puts conditions on new development
30 applications on the basis of receiving a zone change or general
31 plan amendment in exchange for benefits such as increased
32 affordable housing, local hire, or payment of prevailing wages.
33 65918.53. (a) A residential development that meets the criteria
34 specified in Section 65918.52 shall receive, upon request, an
35 equitable communities incentive as follows:
36 (1) Any eligible applicant shall receive the following:
37 (A) A waiver from maximum controls on density.
38 (B) A waiver from maximum automobile parking requirements
39 greater than 0.5 automobile parking spots per unit.
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(C) Up to three incentives and concessions pursuant to
subdivision (d) of Section 65915.
(2) An eligible applicant proposing a residential development
that is located within a one-half mile radius, but outside a
one-quarter mile radius, of a major transit stop and includes no
less than percent affordable housing units shall receive, in
addition to the incentives specified in paragraph (1), waivers from
all of the following:
(A) Maximum height requirements less than 45 feet.
(B) Maximum FAR requirements less than 2.5.
(C) Notwithstanding subparagraph (B) of paragraph (1), any
maximum automobile parking requirement.
(3) An eligible applicant proposing a residential development
that is located within a one-quarter mile radius of a major transit
and includes no less than percent affordable housing units
shall receive, in addition to the incentives specified in paragraph
(1), waivers from all of the following:
(A) Maximum height requirements less than 55 feet.
(B) Maximum FAR requirements less than 3.25.
(C) Notwithstanding subparagraph (B) of paragraph (1), any
maximum automobile parking requirement.
(4) Notwithstanding any other law, for purposes of calculating
any additional incentive or concession in accordance with Section
65915, the number of units in the residential development after
applying the equitable communities incentive received pursuant
to this chapter shall be used as the base density for calculating the
incentive or concession under that section.
(5) An eligible applicant proposing a project that meets all of
the requirements under Section 65913.4 may submit an application
for streamlined, ministerial approval in accordance with that
section.
(b) The local government may modify or expand the terms of
an equitable communities incentive provided pursuant to this
chapter, provided that the equitable communities incentive is
consistent with, and meets the minimum standards specified in,
this chapter.
65918.54. The Legislature finds and declares that this chapter
addresses a matter of statewide concern rather than a municipal
affair as that term is used in Section 5 of Article XI of the
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1 California Constitution. Therefore, this chapter applies to all cities,
2 including charter cities.
3 65918.55. (a) It is the intent of the Legislature that
4 implementation of this chapter be delayed in sensitive communities
5 until July 1, 2020.
6 (b) It is further the intent of the Legislature to enact legislation
7 that does all of the following:
8 (1) Between January 1, 2020, and allows a local
9 government, in lieu of the requirements of this chapter, to opt for
10 a community -led planning process aimed toward increasing
11 residential density and multifamily housing choices near transit
12 stops.
13 (2) Encourages sensitive communities to opt for a
14 community -led planning process at the neighborhood level to
15 develop zoning and other policies that encourage multifamily
16 housing development at a range of income levels to meet unmet
17 needs, protect vulnerable residents from displacement, and address
18 other locally identified priorities.
19 (3) Sets minimum performance standards for community plans,
20 such as minimum overall residential development capacity and
21 the minimum affordability standards set forth in this chapter.
22 (4) Automatically applies the provisions of this chapter on
23 January 1, 2025, to sensitive communities that do not have adopted
24 community plans that meet the minimum standards described in
25 paragraph (3), whether those plans were adopted prior to or after
26 enactment of this chapter.
27 SEC. 2. No reimbursement is required by this act pursuant to
28 Section 6 of Article XIIIB of the California Constitution because
29 a local agency or school district has the authority to levy service
30 charges, fees, or assessments sufficient to pay for the program or
31 level of service mandated by this act, within the meaning of Section
32 17556 of the Government Code.
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