[Originally posted on March 19, 2018, updated on April 11, 2018]

Building on the state’s major housing legislation from 2017, Senator Scott Wiener’s SB 827 proposes major increases in height and density for qualifying housing developments. A project would generally qualify if it is within either a 1/2 mile radius of a major transit stop or a 1/4 mile radius of a stop on a high-quality bus corridor, as defined in the bill. The legislation was introduced in January and was amended on March 1 and April 9, principally to address tenant relocation and inclusionary housing concerns and to extend the operative date of the bill to January 1, 2021 (with a potential one-time one-year extension) to address timing concerns raised by San Francisco and other local jurisdictions. For qualifying sites, permitted heights would be at least 45 to 55 feet (originally, 45 to 85 feet), regardless of local height limits, unless the height increase would result in a specific, adverse impact, as defined in the bill. Major areas of the state, including large portions of several of its largest cities, would be affected.

Continue Reading Land Use Showdown: Battle Lines Are Drawn in SB 827 Housing Density and Height Debate

On September 29, 2017, Governor Brown signed into law a 15-bill housing package.  A few of the key components, including approval streamlining, are summarized below.  The housing package did not include AB 915, which would have authorized the City and County of San Francisco to impose local inclusionary requirements on bonus units created under the State Density Bonus Law. San Francisco adopted legislation in August that imposes inclusionary housing requirements on bonus units in the form of a fee, and the Legislature’s failure to pass AB 915 creates uncertainty about its enforceability.

Continue Reading Governor Brown Signs Major Housing Package Into Law

Comparing Inclusionary Housing Proposals_6.5.17The Land Use and Transportation Committee of the Board of Supervisors is now scheduled to consider compromise inclusionary housing legislation on June 12th, following a continuance at the Committee’s June 5th hearing. As shown in our summary comparison chart, the legislation would generally retain existing grandfathering protections as to the total percentage of affordable units for certain pipeline projects, but would make many other major changes to the City’s existing program.

Continue Reading Board of Supervisors to Consider Compromise Inclusionary Housing Legislation

San Francisco and MapAs reported in our prior blog post, Assemblymember Phil Ting (D – San Francisco) introduced amendments to the State Density Bonus law (AB 915) that would specifically require all local jurisdictions to impose their local inclusionary housing requirements on density bonus units, unless the jurisdiction expressly exempts them by ordinance.

Continue Reading Ting Density Bonus Legislation Now Limited to San Francisco

CA State CapitalAssemblymember Phil Ting (D – San Francisco) introduced new amendments to the State Density Bonus law on March 15, 2017 that would specifically require local jurisdictions to impose their local inclusionary housing requirements on density bonus units, unless the jurisdiction expressly exempts them by ordinance.

Continue Reading Ting Legislation Seeks to Pave the Way for Fees on Density Bonus Units

Competing Inclusionary Housing Proposals Summary ChartIs the City another step closer to sorting out inclusionary housing requirements and implementation of Proposition C?  Board of Supervisors members have introduced two competing ordinances that seek to call the question regarding the City’s inclusionary housing priorities and requirements.

Continue Reading Competing Inclusionary Housing Proposals Introduced at the Board of Supervisors

Housing San FranciscoThe City is one step closer to sorting out inclusionary housing requirements and local implementation of the State Density Bonus law now that the City Controller has released its final recommendations to the Board of Supervisors. The good news for developers is that recommended on-site and in-lieu fee percentages are below Proposition C levels. On the other hand, an “in-lieu” fee for density bonus units is now being contemplated.

Continue Reading Inclusionary Housing Recommendations a Mixed Bag for Developers

photo-1423347673683-ccdb7f6a948fThe San Francisco Planning Commission took a major step on December 8, 2016, by approving the first market rate housing project to utilize the State Density Bonus law.

The State law, which has been in effect for almost 40 years, incentivizes developers to construct more affordable housing by providing density bonuses of up to 35 percent for projects that incorporate on-site affordable units. The amount of the density bonus varies depending on the level of affordability and the number of affordable units.  Continue Reading State Density Bonus Law Debuts in San Francisco