Project Description

OVERVIEW

June 19, 2019: Amendments to SB-330 were proposed today in committee. When the text of the bill reflects these proposed changes this analysis will be updated.

June 15, 2019

SB-330 is a complex bill that has implications for every city in California. However, certain cities meeting a threshold test defined in the bill are classified as ‘affected cities’. For these 270+ cities, a more stringent set of requirements is imposed. The most important outcomes for “affected cities” would be the loss of an electorate’s right to repeal any aspect of the bill, the loss of protection for renters, expanded loopholes to avoid the actual building of affordable housing units, and an increased necessity or incentive for city staff to rubber stamp development projects to avoid litigation. Download the Full PDF Report here.

SB-330 Implications

The Bill, retroactive to January 1, 2018:

For all cities, not just “affected” cities:

  • Implements a new default in the development approval process such that if a city does not deem a development suitable it must provide written documentation in 30 days (for projects under 150 housing units in size) and for all other projects in 60 days, else the project is automatically deemed approved1. The expedited process and the attendant responsibilities for city planners expose cities to the possibility of litigation.
  • Creates a seven-year reprieve for landlords for violations of the California Building Standards Code, unless correction of the violation is deemed necessary to protect health and safety2. Although, later in the bill it claims that “any exception to the requirements, including an exception for the health and safety of occupants of a housing development project, shall be construed narrowly”3.
  • Relaxes residential zoning to include mixed-use. The definition of a ‘housing development’ under SB-330 states that a minimum of two-thirds of the square footage must be residential. The remaining one-third may be retail, office, light manufacturing, or any other non-residential use.4
  • Strips cities of control over local zoning. If a housing development project is consistent with the general plan, even if the site for the development is inconsistent with the city’s general plan, the project must be approved without rezoning5. For example, it would allow for mixed-use in single-family zoning.
  • Prohibits cities from creating new parks/open space. This, despite the fact that increased density and the associated population growth will drive a need for more park amenities6.

In addition, for affected cities, SB-330:

  • Prohibits the electorates from challenging any aspect of the bill (should it become law) by exercising their power via local initiative or referendum7.
  • Institutes city-wide parking maximums of 0.5 parking spots per housing unit8 (and for a sub-group of cities, show in blue below, an additional requirement of zero parking within ¼ mile of a “rail stop that is a major transit stop” (where a major transit stop is defined as a rail stop, a ferry terminal or the intersection of two or more bus routes with a 15 minute or less frequency of service during morning and afternoon commutes)9.
  • Allows in-lieu fees to be charged in place of building the actual affordable housing units10. In addition, a developer’s relocation assistance to tenants must be considered as counting towards the affordable requirement of the development.11
  • Disallows the enactment of a moratorium on ‘housing development’ and mixed-use development. Since ‘housing development’ is defined such that it may include office space, this also effectively disallows a moratorium on office space12. Thus, it prevents a city from capping office space, even if that city currently has a job-housing imbalance it wishes to correct.
  • Requires that the demolition of a residential property only be allowed if the proposed housing development increases density13. Density is presumed to be a measure of housing units per parcel (although no definition appears in SB-330 or elsewhere in Government Code). This would mean that a single family home could not be demolished unless it was replaced by, at least, a duplex. It could not be demolished and replaced with another single-family residence.

The Qualifying Test for “Affected Cities”

SB-330 states that an ‘affected’ city is one for which the average of both of the following amounts is greater than zero:

  • The percentage by which the city’s average* rate of rent differed from 130 percent of the national median rent (NMR) 14.
  • The percentage by which the vacancy rate for residential rental units differed from the national vacancy rate (NVR) 14 (6.1%).

(Note: SB-330 excludes cities with populations of 5,000 or less if that city is not located within an urban core15).

The Qualifying Test for “Affected Counties”

As written SB-330 has two competing definitions for ‘affected county’ that are at odds with each other

  • In the first, ‘affected county’ is described as the unincorporated portion of a county that meets the test above for ‘affected city’. By this definition there are more than 600 unincorporated areas across 58 counties16.
  • In the second, ‘affected county’ is a county in which at least 50 percent of the cities in the county are ‘affected’17.

By this second definition, the following counties are ‘affected’: Alameda, Contra Costa, Los Angeles, Marin, Monterey, Napa, Orange, Placer, San Benito, San Diego, San Francisco, San Joaquin, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, and Ventura.

The List of “Affected Cities”

Using the language in SB-330 Bill and data supplied in the American Community Survey 5-year estimates (2013- 2017), “Affected Cities” are listed below. Cities in blue have additional restricted parking requirements including zero parking spots for developments within ¼ mile of a rail stop.

County
“Affected Cities”
Alameda County Piedmont
Emeryville
Albany
Newark
Dublin
Union City
Alameda
Pleasanton
Livermore
San Leandro
Berkeley
Hayward
Fremont
Oakland
Contra Costa County Clayton
Moraga
Pinole
Orinda
El Cerrito
Hercules
Lafayette
Pleasant Hill
Martinez
Oakley
Danville
Brentwood
Walnut Creek
Pittsburg
San Ramon
Richmond
Antioch
Concord
Los Angeles County Bradbury
Irwindale
Hidden Hills
Rolling Hills
Avalon
La Habra Heights
Rolling Hills Estates
Westlake Village
Sierra Madre
Signal Hill
Malibu
San Marino
Palos Verdes Estates
Hawaiian Gardens
Artesia
El Segundo
Santa Fe Springs
Hermosa Beach
La Cañada Flintridge
Lomita
Agoura Hills
Duarte
Cudahy
Calabasas
San Fernando
South Pasadena
Maywood
Walnut
La Verne
Lawndale
San Dimas
Beverly Hills
Manhattan Beach
Claremont
West Hollywood
Temple City
Monrovia
Culver City
San Gabriel
Rancho Palos Verdes
Bell Gardens
Covina
Azusa
La Mirada
Cerritos
Glendora
Rosemead
Paramount
Diamond Bar
Arcadia
Monterey Park
Pico Rivera
Redondo Beach
Lynwood
Baldwin Park
Lakewood
Alhambra
Whittier
Hawthorne
Santa Monica
Carson
Burbank
Norwalk
West Covina
Downey
Pasadena
Torrance
Pomona
Palmdale
Glendale
Santa Clarita
Los Angeles
Marin County Sausalito
Fairfax
Tiburon
Corte Madera
Larkspur
San Anselmo
Mill Valley
Novato
San Rafael
Monterey County Pacific Grove
Marina
Soledad
Monterey
Seaside
Salinas
Napa County Napa
St. Helena
American Canyon
Nevada County Truckee
Orange County Villa Park
Los Alamitos
La Palma
Laguna Woods
Laguna Beach
Seal Beach
Laguna Hills
Dana Point
San Juan Capistrano
Stanton
Brea
Rancho Santa Margarita
Cypress
Aliso Viejo
Placentia
Fountain Valley
La Habra
San Clemente
Laguna Niguel
Yorba Linda
Tustin
Lake Forest
Buena Park
Newport Beach
Westminster
Mission Viejo
Costa Mesa
Fullerton
Orange
Garden Grove
Huntington Beach
Irvine
Santa Ana
Anaheim
Placer County Loomis
Lincoln
Rocklin
Roseville
Riverside County Canyon Lake
Norco
Wildomar
La Quinta
Lake Elsinore
Perris
Menifee
Murrieta
Temecula
Corona
Moreno Valley
San Benito County Hollister
San Bernardino County Grand Terrace
Montclair
Upland
Chino Hills
Chino
Ontario
Rancho Cucamonga
San Diego County Del Mar
Solana Beach
Coronado
Imperial Beach
Poway
Santee
La Mesa
Encinitas
San Marcos
Vista
Carlsbad
Escondido
Oceanside
Chula Vista
San Diego
San Francisco San Francisco
San Joaquin County Escalon
Ripon
Lathrop
Manteca
Tracy
San Luis Obispo County Pismo Beach
Morro Bay
Grover Beach
Atascadero
San Luis Obispo
San Mateo County Colma
Portola Valley
Brisbane
Woodside
Atherton
Hillsborough
Half Moon Bay
Millbrae
Belmont
East Palo Alto
San Carlos
Burlingame
Foster City
Menlo Park
Pacifica
San Bruno
South San Francisco
Redwood City
San Mateo
Daly City
Santa Barbara County Buellton
Solvang
Carpinteria
Goleta
Santa Barbara
Santa Maria
Santa Clara County Monte Sereno
Los Altos Hills
Los Altos
Los Gatos
Saratoga
Campbell
Morgan Hill
Gilroy
Cupertino
Palo Alto
Milpitas
Mountain View
Santa Clara
Sunnyvale
San Jose
Santa Cruz County Capitola
Scotts Valley
Watsonville
Santa Cruz
Solano County Rio Vista
Benicia
Suisun City
Vacaville
Fairfield
Vallejo
Sonoma County Cotati
Sebastopol
Cloverdale
Sonoma
Healdsburg
Windsor
Rohnert Park
Petaluma
Santa Rosa
Stanislaus County Hughson
Patterson
Ventura County Ojai
Port Hueneme
Moorpark
Camarillo
San Buenaventura (Ventura)
Simi Valley
Thousand Oaks
Oxnard
Yolo County Winters
Davis
Notes

*  SB-330 refers to the average rent but ACS 5 year only references median rents.

  1. Government Code          65589.5 (j) (2) (A) (i) & (ii)
  2. Heal. & Safe. Code            17980.12 (b) (1), (2) & (3)
  3. Government Code            65913.3 (g) (2)
  4. Government Code             65589.5 (h) (2) (B)
  5. Government Code           65913.1 (c)
  6. Government Code          66300 (b) (1) (A)
  7. Government Code          65913.3 (a) (3)
  8. Government Code          65913.3 (b) (1) (B)
  9. Government Code          65913.3 (b) (1) (A)
  10. Government Code          65913.3 (b) (2)
  11. Government Code          65913.3 (e) (3))
  12. Government Code          66300 (b) (1) (B) (i)
  13. Government Code           65913.3 (e) (1) (B)
  14. Government Code          65913.3 (a) (1) (A)
  15. Government Code          65913.3 (a) (1) (B)
  16. Government Code          65913.3 (a) (2)
  17. Government Code         66300 (a) (2)