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State Department on Housing & Community Deve
Maps Identifying Cities Losing Local Control (SB35 Developer Bypass)
In September State Senator Wiener's Senate Bill 35 was passed which strips away local control by removing local and environmental review for qualifying developments that:
- pay union rates
- have 1 or fewer parking spots per unit
- meet affordable housing percentage minimums
The maps show that developers can use this bypass in the following cities with just 10% of affordable units (blue on the map). This low percentage of affordable units makes use of the bypass much more likely in:
- Novato
- Mill Valley
- Tiburon
- Fairfax
- Belvedere
- Sausalito
Other cities in Marin escaped requiring 50% affordable units which is less economic for developers to achieve in:
- San Rafael
- Ross
- Larkspur
Map of Cities Qualifying for Developer Streamlining Based on Senate Bill 35
On the peninsular the following cities were hit by the blue - requiring just 10% affordable units to qualify:
- Menlo Park
- South San Francisco
- Belmont
- Redwood City
- San Bruno
- Millbrae
- Parts of Palo Alto
If an apartment complex is proposed in these cities that meets zoning requirements and the developer applies for and qualifies for this bypass then there is nothing a resident, planning commissioner, councilor or mayor can do to object - all local and environmental review is bypassed.
Senate Bill 827 Will Compound Impact
Should Senate Bill 827 pass (another Scott Wiener Bill) in it's current form then many parts of these affected cities will be automatically upzoned to between 5 and 8 story heights, with all limits to density and floor area ratios removed.
Senate Bill 828
Senate Bill 828, if enacted, would significantly increase thresholds for housing quotas - so cities that are currently relatively safe where developments must have 50% affordable units to comply will turn to the more dangerous blue category of 10% affordable units.
If you'd like to learn more about Senate Bills 827 and 828 read Zelda Bronstein's excellent article 48 Hills: Scott Wiener's War on Local Planning,