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HomeMy WebLinkAboutAgenda Report - February 7, 2018 C-17TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM C-17 Receive Report Regarding Communication Pertaining to Senate Bill 827 (Wiener): Planning and Zoning February 7, 2018 City Clerk RECOMMENDED ACTION: BACKGROUND INFORMATION: Receive report regarding communication pertaining to Senate Bill (SB) 827 (Wiener): Planning and Zoning. The City received a request for communication from the League of California Cities regarding SB 827 (Wiener): Planning and Zoning. There was a need to send a letter immediately in light of a pending hearing. 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. The attached letter, electronically signed by the Mayor, was sent on January 29, 2018. A copy of the initial request, along with the text of the bill, is also attached. This report is provided for informational purposes only, pursuant to policy. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. nifer M. Ety Clerk Aa ,tAd. rraiolo APPROVED: 4140i: V n Sch' -b- er, City Manager N:\Administration\CLERK\Council\COUNCOM\LeagueReceiveReportMaster.doc CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk©Iodi.gov January 29, 2018 The Honorable Scott Wiener California State Senate State Capitol Building, Room 4066 Sacramento, CA 95814 VIA FAX: 916-651-4911 RE: SB 827 (Wiener) Planninctand Zoning. Notice of Opposition (as introduced 1/3/18) Dear Senator Wiener: STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney The City of Lodi 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 Lodi opposes SB 827. Sincerely, Id/ zavdde Alan Nakanishi Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: (916) 651-4905 Assemblymember Jim Cooper, Fax: (916) 319-2109 Senate Transportation and Housing Committee, Fax: (916) 445-2209 Senate Governance and Finance Committee, Fax: (916) 322-0298 Stephen Qualls, League of California Cities, squalls©cacities.org Meg Desmond, League of California Cities, mdesmond©cacities.org Jennifer Ferraiolo From: Stephen R. Qualls <squalls@cacities.org> Sent: Friday, January 26, 2018 8:18 AM Subject: URGENT: SB 827 LETTERS NEEDED Attachments: Action Alert - SB 827 (Wiener) Oppose.docx; SB 872 (Wiener) SAMPLE OPPOSE 1 25 18.docx; Talking Points - SB 827 (Wiener) Oppose.pdf 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: 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 sendin 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<http://www.cacities.org/takeaction>. 1 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<http://sd26.senate.ca.gov/> 26 D 5072 916 651 4026 916 651 4926 Beall, Jim<http://sdl5.senate.ca.gov/> (Chair) 15 D 2082 916 651 4015 916 651 4915 Cannella, Anthony<http://districtl2.cssrc.us/> (Vice -Chair) 12 R 5082 916 6514012 916 6514912 Dodd, Bill<http://sd03.senate.ca.gov/> 3 D 5064 916 6514003 916 6514903 Gaines, Ted<http://gaines.cssrc.us/> 1 R 3076 916 6514001 916 6514901 McGuire, Mike<http://sd02.senate.ca.gov/> 2 D 5061 916 6514002 916 6514902 Mendoza, Tony<http://sd32.senate.ca.gov/> 32 D 5100 916 6514032 916 6514932 Morrell, Mike<http://district23.cssrc.us/> 23 R 3056 916 6514023 916 6514923 Roth, Richard<http://sd3l.senate.ca.gov/> 31 D 4034 916 6514031 916 6514931 Skinner, Nancy<http://sd09.senate.ca.gov/> 9 D 2059 916 6514009 916 6514909 Vidak, Andy<http://districtl4.cssrc.us/> 14 R 3082 916 6514014 916 6514914 Wieckowski, Bob<http://sdl0.senate.ca.gov/> 10 D 4085 916 6514010 916 6514910 Wiener, Scott<http://sdll.senate.ca.gov/> 11 D 4066 916 651 4011 916 651 4911 SENATE GOVERNANCE AND FINANCE Member District Party Room Phone Fax Beall, Jim<http://sdl5.senate.ca.gov/> 15 D 2082 916 651 4015 916 651 4915 Hernandez, Ed<http://sd22.senate.ca.gov/> 22 D 2080 916 651 4022 916 651 4922 Hertzberg, Bob<http://sdl8.senate.ca.gov/> 18 D 4038 916 6514018 916 651 4918 Lara, Ricardo<http://sd33.senate.ca.gov/> 33 D 5050 916 6514033 916 6514933 McGuire, Mike<http://sd02.senate.ca.gov/> (Chair) 2 D 5061 916 6514002 916 6514902 Moorlach, John<http://district37.cssrc.us/> 37 R 2048 916 6514037 916 6514937 Nguyen, Janet<http://district34.cssrc.us/> (Vice -Chair) 34 R 3048 916 6514034 916 6514934 You can find your Legislator's full contact information here: http://findyourrep.legislature.ca.gov/. 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. • Weoppose SB 827 because it strips local government officials and community members of their 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. 2 • The City/Town of has already zonedat 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. Thank you, Stephen Qualls Central Valley Regional Public Affairs Manager League of California Cities 209-614-0118 Fax 209-883-0653 squalls@cacities.org<mailto:squalls@cacities.org> [Description: Description: LCC_Logo_SM] [https://mail.cacities.org/owa/attachment.ashx?id=RgAAAACy8fHTR2LKSbH7v1WA%2bKroBwCJI F8QxE1YR5pVkCgOVZ7 pAAAGc5DHAACi1U1kD4vzS51QTLjAf8aNAAAyvLINAAAJ&attcnt=1&attid0=BAABAAAA&attcid0=image002.png%4001CF9 F55.154BCF00] Strengthening California Cities through Advocacy and Education To expand and protect local control for cities through education and advocacy in order to enhance the quality of life for all Californians. <https://mail.cacities.org/owa/redir.aspx?C=9balcebeda914a8d8b298c0154b06ac0&URL=http%3a%2f%2fwww.cacities .org%2fAC> PLEASE DO NOT distribute political campaign advocacy information from public (city hall) computers, on city time, or using public resources, even if it's from your personal email account. If in doubt, check with your city attorney. ***Disclaimer***Please Note: Please take the following precautions if this email is about a CITIPAC event. Though it is not illegal for you to receive this notice via a city e-mail address, you should not respond to it or forward it using public resources. You may however forward this message to your non-public e-mail account for distribution on non-public time. If you have questions about the event or need additional information, please contact Mike Egan at (916) 658-8271 or egan@cacities.org 3 Talking Points SB 827 (Wiener) Planning and Zoning - Density OPPOSE • 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 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. 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 65917.7 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 '/Z 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 SB 827 — 2 — 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: 1 SECTION 1. 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. Section 65917.7 is added to the Government Code, to 5 read: 6 65917.7. (a) As used in this section, the following definitions 7 shall apply: 8 (1) "Block" has the same meaning as defined in subdivision (a) 9 of Section 5870 of the Streets and Highways Code. 10 (2) "High-quality transit corridor" means a corridor with fixed 11 route bus service that has service intervals of no more than 15 12 minutes during peak commute hours. 13 (3) "Transit -rich housing project" means a residential 14 development project the parcels of which are all within a one-half 15 mile radius of a major transit stop or a one-quarter mile radius of 16 a high-quality transit corridor. A project shall be deemed to be 17 within a one-half mile radius of a major transit stop or a one-quarter 18 mile radius of a high-quality transit corridor if both of the following 19 apply: 20 (A) All parcels within the project have no more than 25 percent 21 of their area outside of a one-half mile radius of a major transit 22 stop or a one-quarter mile radius of a high-quality transit corridor. 23 (B) No more than 10 percent of the residential units or 100 units, 24 whichever is less, of the project are outside of a one-half mile 99 — 3 — SB 827 1 radius of a major transit stop or a one-quarter mile radius of a 2 high-quality transit corridor. 3 (4) "Major transit stop" has the same meaning as defined in 4 Section 21064.3 of the Public Resources Code. 5 (b) Notwithstanding any local ordinance, general plan element, 6 specific plan, charter, or other local law, policy, resolution, or 7 regulation, a transit -rich housing project shall receive a transit -rich 8 housing bonus which shall exempt the project from all of the 9 following: 10 (1) Maximum controls on residential density or floor area ratio. 11 (2) Minimum automobile parking requirements. 12 (3) Any design standard that restricts the applicant's ability to 13 construct the maximum number of units consistent with any 14 applicable building code. 15 (4) (A) If the transit -rich housing project is within either a 16 one-quarter mile radius of a high-quality transit corridor or within 17 one block of a major transit stop, any maximum height limitation 18 that is less than 85 feet, except in cases where a parcel facing a 19 street that is less than 45 feet wide from curb to curb, in which 20 case the maximum height shall not be less than 55 feet. If the 21 project is exempted from the local maximum height limitation, the 22 governing height limitation for a transit -rich housing project shall 23 be 85 feet or 55 feet, as provided in this subparagraph. 24 (B) If the transit -rich housing project is within one-half mile of 25 a major transit stop, but does not meet the criteria specified in 26 subparagraph (A), any maximum height limitation that is less than 27 55 feet, except in cases where a parcel facing a street that is less 28 than 45 feet wide from curb to curb, in which case the maximum 29 height shall not be less than 45 feet. If the project is exempted 30 from the local maximum height limitation, the governing height 31 limitation for a transit -rich housing project shall be 55 feet or 45 32 feet, as provided in this subparagraph. 33 (C) For purposes of this paragraph, if a parcel has street frontage 34 on two or more different streets, the height maximum pursuant to 35 this paragraph shall be based on the widest street. 36 SEC. 3. No reimbursement is required by this act pursuant to 37 Section 6 of Article XIII B of the California Constitution because 38 a local agency or school district has the authority to levy service 39 charges, fees, or assessments sufficient to pay for the program or 99 SB 827 —4- 1 4- 1 level of service mandated by this act, within the meaning of Section 2 17556 of the Government Code. 0 99 FACSIMILE COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (209) 333-6702 FAX (209) 333-6807 ciiyclrk@lodi.gov or pfarris@lodi.gov Iodi.gov DATE: January 29, 2018 FROM: Pamela M. Farris Deputy City Clerk TO: Senator Scott Wiener, 916-651-4911 Assemblymember Jim Cooper, 916-319-2109 Senator Cathleen Galgiani, 916-651-4905 Senate Transportation & Housing Committee, 916-445-2209 Senate Governance & Finance Committee, 916-322-0298 COMMENTS: Attached please find the Notice of Opposition for SB 827 (Wiener) Planning and Zoning. THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET. forms\aafaxjen.doc CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk@iodi.gov January 29, 2018 The Honorable Scott Wiener California State Senate State Capitol Building, Room 4066 Sacramento, CA 95814 VIA FAX 916-651-4911 RE: SB 827 (Wiener) Planning and Zoning. Notice of Opposition (as introduced 1/3/18) Dear Senator Wiener: STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney The City of Lodi 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 Lodi opposes SB 827. Sincerely, /4/ "Rem Alan Nakanishi Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: (916) 651-4905 Assemblymember Jim Cooper, Fax: (916) 319-2109 Senate Transportation and Housing Committee, Fax: (916) 445-2209 Senate Governance and Finance Committee, Fax: (916) 322-0298 Stephen Qualls, League of California Cities, squalls4cacities.orq Meg Desmond, League of California Cities, mdesmondCccacities.orq 01/29/2018 MON 09:12 FAX X001 *************************** *** FAX MULTI TX REPORT *** *************************** JOB NO. 2383 DEPT. ID PGS. 2 TX INCOMPLETE TRANSACTION OK 919163192109 919163220298 919164452209 919166514905 919166514911 ERROR FACSIMILE COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (209) 333-6702 FAX (209) 333-6807 r::vc]rkelor]a.go\r or ptrrisji)Iodi. ;ov DATE: January 29, 2018 FROM: Pamela M. Farris Deputy City Clerk TO: Senator Scott Wiener, 916-651-4911 Assemblymember Jim Cooper, 916-319-2109 Senator Cathleen Galgiani, 916-651-4905 COMMENTS: Attached please find the Notice of Opposition for SB 827 (Wiener) Planning and Zoning. THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET.