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Housing bills fizzle in California's frantic final day of legislative session

While lawmakers agree on eviction protections, proposal that sought to increase housing supply fall short

California legislators adjourned shortly after midnight on Sept. 1 without advancing several key housing bills, including SB 1120 and SB 1085. Embarcadero Media file photo by Veronica Weber.

After seeing their ambitious plans to address the housing crisis derailed by the COVID-19 pandemic, state lawmakers concluded their legislative session Monday with little progress on a topic that many continue to call out as a top priority.

During a marathon session that stretched from morning to midnight and featured dozens of votes, frayed nerves and a partisan Senate squabble, the Legislature came up short on advancing the most ambitious housing bill on the table, Senate Bill 1120. Authored by Senate President pro Tempore Toni Atkins, D-San Diego, the bill would have allowed homeowners to subdivide their homes and build duplexes in single-family zones.

Though the Atkins bill received approval in the Assembly just minutes before midnight, it did not return to the Senate in time for the final vote that would have been necessary to advance it to Gov. Gavin Newsom's desk.

A similar fate befell a proposal by state Sen. Nancy Skinner, D-Berkeley, to reform the state's density-bonus law by adding incentives for construction of affordable housing and exempting cities from charging development impact fees for these units. The proposal, known as SB 1085, passed in the Assembly by a 67-3 vote on Monday but did not return to the Senate in time for a concurrence vote.

Both housing bills proved contentious in the final weeks of the legislative session, with San Francisco supervisors voting to formally oppose SB 1085 and various groups coming out against SB 1120, with some characterizing it as an affront to local control and others arguing that it would primarily benefit developers and speculators.

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Proponents of Atkins' bill called it a modest proposal that gives homeowners more flexibility and builds on the state's recent successes in encouraging accessory dwelling units. Assemblyman Robert Rivas, D-Hollister, said the new housing will be "small-scale units that are easy to build" and that will also "create equity for homeowners who want to help us solve this housing crisis."

Assemblywoman Sydney Kamlager, D-Los Angeles, disputed the idea that the new units will be "affordable" and called the bill "an invitation into small communities by developers and speculators." The state, she said, should instead consider ways to develop "non-market, price-guaranteed housing" developments that teachers, grocery workers and California's working-class families deserve.

"I don't think we should be asking for an invasion by developers into communities across the state because we are too lazy, quite frankly, to have more meaningful conversations about how we're protecting communities and finding ways to build housing that people truly can afford," Kamlager said.

Others saw the failure of SB 1120 to advance, despite passing in both chambers of the Legislature, as a significant defeat. Randy Shaw, director of San Francisco's Tenderloin Housing Clinic and editor of Beyond Chron wrote in a Sept. 1 post that "when it came to taking major steps toward building more housing — the actions candidate Newsom promoted during his 2018 campaign — the governor and legislature failed miserably."

"Do legislators believe the pandemic has ended California's housing shortage? Their actions are consistent with such a misguided view," Shaw wrote.

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Brian Hanlon, president and CEO of California YIMBY, said in a statement that California was "on the cusp of passing significant housing reform last night but the Legislature snatched defeat from the jaws of victory."

"Californians don't have the luxury of waiting out the housing crisis; our elected leaders shouldn't hold them hostage to politics any longer," Hanlon said.

Meanwhile, the San Francisco-based nonprofit Livable California, which last year vehemently opposed Senate Bill 50, celebrated the defeat of SB 1120, even despite the vote of support in the Assembly.

"We'll take the technical win!" the group said in a newsletter.

The sheer multitude of bills, many of them dealing with COVID-19, created tension between the two parties in the Senate, particularly after the Democrats proposed limiting the number of speakers and the speaking time allotted, for each bill. Republicans, most of whom were ordered to participate virtually as a COVID-19 precaution (this was because state Sen. Brian Jones, R-Santee, tested positive for the virus), strongly objected and claimed they were being silenced.

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"Not only do you kick us out of the Chamber for no good reason, but now you're going to not allow us to debate and speak on behalf of our constituents," said state Sen. Melissa Melendez, R-Lake Elsinore.

Unlike Senate Bill 50, a proposal by Sen. Scott Wiener to allow more housing density in jobs-rich and transit friendly areas that fizzled in January, the latest slate of housing bills did not generate either strong support or heavy opposition in Palo Alto. Councilwoman Lydia Kou, who strongly opposed SB 50, advocated against bills such as SB 1085 and SB 1120, as did Livable California. The council, however, did not hold any discussions or take any formal positions about the various housing measures.

Nonetheless, the council is considering its own zoning reforms to encourage residential construction. The most notable of these is the revival of the "planned community" zone, which will allow residential builders to exceed zoning and development standards in exchange for providing affordable housing. The zoning designation had been used in the city for decades to create affordable housing as well as mixed-use developments before the council agreed in 2014 to effectively abolish it.

In agreeing to revive what will now be known as "planned home" zoning, the city is explicitly acknowledging that affordable housing is a public benefit that would justify the zoning exemptions. The council is scheduled to consider the affordability requirements for qualifying projects on Sept. 28.

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Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

Follow on Twitter @mvvoice, Facebook and on Instagram @mvvoice for breaking news, local events, photos, videos and more.

Housing bills fizzle in California's frantic final day of legislative session

While lawmakers agree on eviction protections, proposal that sought to increase housing supply fall short

After seeing their ambitious plans to address the housing crisis derailed by the COVID-19 pandemic, state lawmakers concluded their legislative session Monday with little progress on a topic that many continue to call out as a top priority.

During a marathon session that stretched from morning to midnight and featured dozens of votes, frayed nerves and a partisan Senate squabble, the Legislature came up short on advancing the most ambitious housing bill on the table, Senate Bill 1120. Authored by Senate President pro Tempore Toni Atkins, D-San Diego, the bill would have allowed homeowners to subdivide their homes and build duplexes in single-family zones.

Though the Atkins bill received approval in the Assembly just minutes before midnight, it did not return to the Senate in time for the final vote that would have been necessary to advance it to Gov. Gavin Newsom's desk.

A similar fate befell a proposal by state Sen. Nancy Skinner, D-Berkeley, to reform the state's density-bonus law by adding incentives for construction of affordable housing and exempting cities from charging development impact fees for these units. The proposal, known as SB 1085, passed in the Assembly by a 67-3 vote on Monday but did not return to the Senate in time for a concurrence vote.

Both housing bills proved contentious in the final weeks of the legislative session, with San Francisco supervisors voting to formally oppose SB 1085 and various groups coming out against SB 1120, with some characterizing it as an affront to local control and others arguing that it would primarily benefit developers and speculators.

Proponents of Atkins' bill called it a modest proposal that gives homeowners more flexibility and builds on the state's recent successes in encouraging accessory dwelling units. Assemblyman Robert Rivas, D-Hollister, said the new housing will be "small-scale units that are easy to build" and that will also "create equity for homeowners who want to help us solve this housing crisis."

Assemblywoman Sydney Kamlager, D-Los Angeles, disputed the idea that the new units will be "affordable" and called the bill "an invitation into small communities by developers and speculators." The state, she said, should instead consider ways to develop "non-market, price-guaranteed housing" developments that teachers, grocery workers and California's working-class families deserve.

"I don't think we should be asking for an invasion by developers into communities across the state because we are too lazy, quite frankly, to have more meaningful conversations about how we're protecting communities and finding ways to build housing that people truly can afford," Kamlager said.

Others saw the failure of SB 1120 to advance, despite passing in both chambers of the Legislature, as a significant defeat. Randy Shaw, director of San Francisco's Tenderloin Housing Clinic and editor of Beyond Chron wrote in a Sept. 1 post that "when it came to taking major steps toward building more housing — the actions candidate Newsom promoted during his 2018 campaign — the governor and legislature failed miserably."

"Do legislators believe the pandemic has ended California's housing shortage? Their actions are consistent with such a misguided view," Shaw wrote.

Brian Hanlon, president and CEO of California YIMBY, said in a statement that California was "on the cusp of passing significant housing reform last night but the Legislature snatched defeat from the jaws of victory."

"Californians don't have the luxury of waiting out the housing crisis; our elected leaders shouldn't hold them hostage to politics any longer," Hanlon said.

Meanwhile, the San Francisco-based nonprofit Livable California, which last year vehemently opposed Senate Bill 50, celebrated the defeat of SB 1120, even despite the vote of support in the Assembly.

"We'll take the technical win!" the group said in a newsletter.

The sheer multitude of bills, many of them dealing with COVID-19, created tension between the two parties in the Senate, particularly after the Democrats proposed limiting the number of speakers and the speaking time allotted, for each bill. Republicans, most of whom were ordered to participate virtually as a COVID-19 precaution (this was because state Sen. Brian Jones, R-Santee, tested positive for the virus), strongly objected and claimed they were being silenced.

"Not only do you kick us out of the Chamber for no good reason, but now you're going to not allow us to debate and speak on behalf of our constituents," said state Sen. Melissa Melendez, R-Lake Elsinore.

Unlike Senate Bill 50, a proposal by Sen. Scott Wiener to allow more housing density in jobs-rich and transit friendly areas that fizzled in January, the latest slate of housing bills did not generate either strong support or heavy opposition in Palo Alto. Councilwoman Lydia Kou, who strongly opposed SB 50, advocated against bills such as SB 1085 and SB 1120, as did Livable California. The council, however, did not hold any discussions or take any formal positions about the various housing measures.

Nonetheless, the council is considering its own zoning reforms to encourage residential construction. The most notable of these is the revival of the "planned community" zone, which will allow residential builders to exceed zoning and development standards in exchange for providing affordable housing. The zoning designation had been used in the city for decades to create affordable housing as well as mixed-use developments before the council agreed in 2014 to effectively abolish it.

In agreeing to revive what will now be known as "planned home" zoning, the city is explicitly acknowledging that affordable housing is a public benefit that would justify the zoning exemptions. The council is scheduled to consider the affordability requirements for qualifying projects on Sept. 28.

Comments

Gary
Registered user
Sylvan Park
on Sep 2, 2020 at 7:38 pm
Gary , Sylvan Park
Registered user
on Sep 2, 2020 at 7:38 pm

Democrats in the Assembly and State are lucky they ran out of time. Passage of those bills now would have further enabled the Trump campaign to warn suburban voters in swing states that supporting Biden-Harris would be supporting a radical leftist agenda like in California. The truth is that the bills referenced in the article were about providing more housing for high tech workers at a lower cost - ultimately to the financial benefit of high tech corporations.


Concerned
Registered user
Sylvan Park
on Sep 3, 2020 at 2:34 pm
Concerned, Sylvan Park
Registered user
on Sep 3, 2020 at 2:34 pm

About 10% of renters in our neighborhood have moved or are moving due to the work from anywhere approach by their employers. Most are moving out of state. So I think the housing shortage is taking care of itself.


Steven Goldstein
Registered user
Old Mountain View
on Sep 3, 2020 at 5:42 pm
Steven Goldstein, Old Mountain View
Registered user
on Sep 3, 2020 at 5:42 pm

Copncerned:

Just another example of what is to come here in Mountain View.

The Business Insider reports that rents are at a 6 year low in San Francisco. (Web Link

What is the cause, the Tech Exodus from what the report indicates?

I can imagine the property owner in Mountain View are reeling due to the price cuts they are having to make during this period, and these are not the CSFRA units, but current market ones.

OMG you should look at Zumper price trends in Mountain View found here (Web Link

A Studio Apartment at its peak in Aug 2019 on average was $2899, now it is $2095 a reduction of 28%. A Single Bedroom Apartment at its peak in Jun 2018 on average went for $3990, now it is $2499, a reduction of 37%. A Double Bedroom Apartment at its peak in Jun 2018 on average went for $5000, now it is $3200, a reduction of 36%. A Triple Bedroom Apartment at its peak in Dec 2018 on average went for $5500, now it is $4300, a reduction of 21%

And realize these apartment prices are skewed because most are luxury units in Mountain View. Investors in the Mountain View Rental market must be in effect freaking out.

For example when my landlord bought the property I live in in Feb 2016 the prices were like this:

A Single Bedroom Apartment on average went for $3120, now it is $2499, a reduction of 19%. A Double Bedroom Apartment on average went for $3570, now it is $3200, a reduction of 10%. A Triple Bedroom Apartment on average went for $4000, now it is $4300, an increase of 8%

But there are at most 2 units in my building that are 3 bedroom.

It looks like the prices have returned to the same prices as 2014 here.

In effect the rental business in Mountain View is really in trouble.


Steven Nelson
Registered user
Cuesta Park
on Sep 5, 2020 at 9:59 am
Steven Nelson, Cuesta Park
Registered user
on Sep 5, 2020 at 9:59 am

@Steve G. Thanks for the Zumper link! There is a very telling statistic (I think it is from the 2010 Census?) 48% or the household in MV are renters, 52% are owners.

This is a statistic that most knowledge local Politicos are very aware of. To get Elected - you need to balance your message (gee if Votes really Matched 'promises') or else get ALL THE OWNER HOUSEHOLDS to help elect you. In Palo Alto, that last group is the "Residentialist" faction I believe. PA Councilwoman Kou would be one of those! In MV, look for "Neighborhoods first" on candidates signs/mailings (to single family targeted areas) to identify them by their 'message'.


Steven Goldstein
Registered user
Old Mountain View
on Sep 5, 2020 at 10:35 am
Steven Goldstein, Old Mountain View
Registered user
on Sep 5, 2020 at 10:35 am

Steven Nelson,

If what you said is correct, the "owners" of Mountain View and the "renters" are not split as a electing body.

Remember when CSFRA passed, If what you said is correct at least 5-6% of the home owners voted for it.

And that in Measure D that number had to be somewhere at nearly 22%.

The reality is the Citizens of Mountain view are more cooperative than divisive. And I think as time goes on, more unity will build.

That is why many try to make up the idea that we "renters" and "owners" are not on the same side. This is a false narrative used by John Inks, Margaret Abe Koga and Lisa Matichak.

Lets both "renters and "owners" prove them wrong and vote them out of office together.



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