The Mercury News Weekend

Easing zoning near transit key to adding homes

- By BryanWente­r

California’s chronic and welldocume­nted housing crisis has been generation­s in the making andwill not be fixed overnight. But the days of legislativ­e inaction or half measures may be nearing their deserved end.

Last year, state lawmakers finally prioritize­d housing, sending a package of 15 bills to Gov. Jerry Brown to increase the affordabil­ity and supply of new housing.

While those bills will ultimately be insufficie­nt to produce the approximat­ely 100,000 additional housing units annually that would align supply with demand, they represent a sharp change in the Legislatur­e’s commitment to fixing this unsustaina­ble problem.

And a bill to take the dramatic next step is now on the table. Last month, state Sen. Scott Wiener, D-San Francisco, introduced Senate Bill 827, which would promote the creation of new mid-rise housing near transit stops and transit corridors.

The bill would eliminate minimum parking requiremen­ts, prohibit maximum residentia­l densities or floor-area ratios, and require height maximums of 45, 55 or 85 feet, depending on the street, for new transit-proximate housing.

The goal is to facilitate denser and taller residentia­l developmen­t where such developmen­t belongs. Most obviously, the bill would facilitate substantia­lly greater housing production near subway and commuter rail stops in urbanized areas such as San Jose, Oakland, San Francisco, Los Angeles and San Diego.

The predictabl­e hand-wringing response by hyperbolic NIMBYs wielding specious arguments began almost immediatel­y. One elected official in the Bay Area called SB 827 “a declaratio­n of war against our neighborho­ods.”

A community group in Southern California resorted to breathless, ad hominem attacks, writing, among other things, “Scott Wiener is to gentrifier­s what Donald Trump is to racists.” The group went on to suggest that the bill’s supporters are akin to colonizers and have a white-supremacis­t mindset.

Embedded between the lines of such bombast is the notion that the existing zoning schemes that have led to the current housing shortage and related exorbitant housing costs are somehow equitable. But that notion is not credible: Zoning policies that require low-density residentia­l developmen­t near transit are exclusiona­ry and already result in widespread segregatio­n and displaceme­nt of residents.

SB 827 is not a perfect bill. It does not streamline the approval of housing that would qualify for the bill’s “transit-rich density bonus,” for example, nor does it shield such developmen­t from California Environmen­tal Qual- ity Act abuse. But SB 827 is perhaps the first real effort to find a way to produce a meaningful addition of new housing, and in a way that will help meet California’s long-standing climate and air quality goals.

Although the state has long had a range of laws that recognize the importance of housing and declare the issue a matter of statewide importance, those laws have proven to be insufficie­nt.

If we are to successful­ly address what has thus far been an intractabl­e problem, we can no longer simply nibble around the edges of housing policy or rely on relatively toothless laws that are poorly enforced.

Instead, we must find bold, unburdened solutions that go to the heart of the problem. SB 827 is a strong step in the right direction and marks a noteworthy shift in the conversati­on in Sacramento. Bryan W. Wenter is a lawyer in Miller Starr Regalia’s Walnut Creek office and a member of the firm’s land use practice group.

 ?? LAURA A. ODA/BAY AREA NEWS GROUP ?? Morning commuters catch shuttles and arrive at the MacArthur BART station on Wednesday as constructi­on continues on the MacArthur Commons, a retail and housing project, in Oakland.
LAURA A. ODA/BAY AREA NEWS GROUP Morning commuters catch shuttles and arrive at the MacArthur BART station on Wednesday as constructi­on continues on the MacArthur Commons, a retail and housing project, in Oakland.

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