Bill To Override Local Control Of Housing Near Transit Revised

CALIFORNIA — State Sen. Scott Wiener, D-San Francisco, has again amended Senate Bill 827, legislation proposed to increase housing stock near public transportation, following a pair of dueling rallies from supporters and opponents last week in San Francisco.

Wiener said in a statement that the proposed law is "about creating more opportunities for housing where we need it most -- near public transportation."

The bill would exempt housing developers of projects near major mass-transit stops and corridors from some requirements, specifically those affecting parking, residential density, building height and the ratio of
residential to commercial floor space, although local jurisdictions could still reject proposals on other grounds, according to Wiener's spokesman Jeff Cretan.

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Housing activists who say that SB 827 would take control away from local jurisdictions, raise rents and displace residents staged a rally last Tuesday outside San Francisco City Hall where they were confronted by
counter-demonstrators, with the two sides shouting over one another at times.

After consulting with housing experts, advocates and local officials, Wiener announced a new set of revisions to SB 827 this week.

The latest iteration of SB 827 would require at least some affordable housing units in every development "except the very smallest" to include between 10 and 20 percent low-income units or between 5 and 11
percent very low-income units.

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Demolition permits would be prohibited for any building with an Ellis Act eviction, in which the owner plans to go out of the rental business, recorded in the previous five years.

Developers would be required to replace subsidized affordable housing units and rent-controlled units at a 1-to-1 ratio, in order to prevent a net-loss in affordable housing.

The bill would overrule local height restrictions in some cases, allowing developers to construct buildings up to 55 feet tall within a quarter-mile of rail and ferry stations and up to 45 feet tall within a half-mile.

Some of these benefits would also apply to developments within a quarter-mile of qualifying stops on major bus corridors with average service intervals of 15 minutes during peak commuting hours, 20 minutes the rest of the day on weekdays and 30 minutes on weekends.

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Minimum requirements some cities impose for parking spaces could not be enforced within a quarter-mile of a rail or ferry station, but cities could still require at least one parking spot for every two residential units
outside that distance or near qualifying bus stops.

Developers taking advantage of that provision would be required to provide monthly transit passes to residents at no cost.

In order to be eligible for approval under SB 827, developments would have to be at least two-thirds residential by square footage, and implementation would be delayed until January 2021 so local jurisdictions
have time to prepare.

"We have worked with both supporters and opponents on these amendments, and we will continue to work with anyone committed to solving our housing shortage as we move through the legislative process," Wiener said.

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"We will bring more housing to our state if we work collectively on solutions."

SB 827 is scheduled for a hearing before the Senate Transportation and Housing Committee in Sacramento on April 17.

— Bay City News; Image via Shutterstock