Berkeley Officials Reject Plan to Fast-Track New Housing

HousingAs CalWatchdog reported July 2, the city of Cupertino’s decision to stop fighting a massive mall makeover project enabled by a far-reaching 2017 state law meant to promote more housing construction could someday be seen as a milestone in state planning.

Senate Bill 35 by Sen. Scott Weiner, D-San Francisco, requires cities that have not met their affordable housing requirements to approve projects that are properly zoned, pay union-scale wages to builders and have at least 10 percent of units in “affordable” ranges.

After months of objections from Cupertino elected officials and activists, in June, the city signed off on developer Sand Hill Property Company’s plan to convert the largely empty 58-acre Vallco Mall site to a huge multi-use project with 2,400 residential units, 400,000 square feet of retail space and 1.8 million square feet of office space

Given that 98 percent of cities have been found to have an inadequate supply of affordable housing, according to a state evaluation, the Cupertino precedent seemed potentially huge.

Two months later, new developments related to SB35 appear to point in the opposite direction.

Last week, Berkeley officials rejected a plan to use the law to fast-track approval of 260 apartments and 27,500 square feet of commercial space at 1900 4th Street just east of the Berkeley Marina despite evidence presented by developer Blake Griggs Properties that it was properly zoned and otherwise met SB35’s edicts.

City tactics in fighting project have familiar ring

The tactics that Berkeley is prepared to use mirrored the ways that construction projects have been fought in California for decades: raising a variety of legal objections that could cost developers millions of dollars because of delays, even if they have little or no validity or applicability.

Berkeley planning chief Timothy Burroughs said the project could not proceed because:

  • It would have been built on land designated as a historical landmark because of a Native American burial ground. As a city with its own charter government, it is given deference in protecting its history.
  •  It would have considerable low-income housing but not enough housing for those with very low incomes.
  •  It would have increased traffic in the area in ways not allowed by city laws.

The objections were of the sort that Weiner sought to bypass with SB35. This is why the developer warned of a lawsuit earlier in the summer after the city put up roadblocks to approval.

But in a surprising move reported last week by the San Jose Mercury-News, West Berkeley Investors – part of the group backing developer Blake Griggs Properties – has backed out of the project without explanation. The assumption of many is that it saw the hassles as outweighing the chances for success.

The Mercury-News also reported that a spokesman for Berkeley City Hall said officials would welcome it if developers chose to reactivate a previous application that had far fewer residential units – 135 – and slightly more commercial space – 33,000 square feet.

In his Sept. 4 letter rejecting the latest version of the project, the city planning chief emphasized the historical significance of the Native American burial ground. Why that significance would lose weight in planning decisions if a smaller project were being considered was not explained.

But Burroughs pushed back against the idea his city was hostile to adding housing stock. He said 910 housing units have been built since 2014, 525 are now being constructed and 1,070 are cleared and in the pipeline.

This article was originally published by CalWatchdog.com

Without housing fix, Silicon Valley will falter

Silicon ValleyThree times in the past 18 months, prominent journalistic organizations have questioned whether Silicon Valley has peaked. Leading off the bad-mouthing was the hometown San Jose Mercury News, which reported in September 2016 that tech growth had slowed in the area compared with other regions and noted that Santa Clara County was down nearly 21,000 tech jobs from its 2000 peak.

That was followed by the London Guardian reporting in May 2017 that start-ups were increasingly likely to fail as the tech venture-capital model struggled, and by Bloomberg News reporting in September 2017 that the high cost of housing was leaving thousands of jobs unfilled.

This month, the Silicon Valley Competitiveness and Innovation Project, which is headed by the San Jose-based Silicon Valley Leadership Group, released a report on the region that was at least as bleak as the media accounts. It said Silicon Valley was still thriving and a global leader – but that it was unlikely to maintain its status as the U.S. pace-setter in creating tech jobs unless housing construction sharply increased, to end the upward spiral in rent and mortgage payments. A modest tract house can fetch more than $1 million in San Jose and triple that in wealthier suburbs. Rental costs, even in less affluent neighborhoods, are among the nation’s highest.

“The gap between job and housing growth is large and widening,” stated the report, which defined Silicon Valley as including the city-county of San Francisco, Santa Clara County and San Mateo County.

Many of the key findings were based on comparisons of where Silicon Valley stood in 2010 versus 2016. The study noted there was a 29 percent increase in payroll jobs during that span, but only a 4 percent increase in total housing units. As more people were forced to commute to Silicon Valley, the average commute lengthened by 18.9 percent over the six years.

“An average Silicon Valley commuter now spends 72 minutes commuting per day, round trip. This figure has grown marginally since last year and remains second only to the commute time of New York City workers, who spend 74 minutes commuting,” the report noted.

Region’s population fell despite economic boom

Silicon Valley saw another negative landmark in 2016. Despite a booming economy, the report cited U.S. Census Bureau population estimates showing the region had a slight decline in population.

The downbeat report came as no surprise to one former Silicon Valley resident: Santa Cruz attorney Kate Downing, who resigned from the Palo Alto Planning and Transportation Commission and moved from the city in 2016 because her family could no longer handle Palo Alto’s housing costs. She told the San Francisco Chronicle, “We’re just not building enough housing. More correctly, cities are not permitting developers to build enough housing. … I think more affordable housing would have kept us in Silicon Valley.”

Lawmakers from the region have had some success in trying to make it easier to build homes in California. State Sen. Scott Weiner, D-San Francisco, was the lead author of a bill enacted in 2017 that limits cities with bad records on new housing from preventing new projects that meet basic zoning rules.

This year, Weiner and co-authors Senator Nancy Skinner, D-Berkeley, and Assemblyman Phil Ting, D-San Francisco, have introduced Senate Bill 827. With exceptions, it would make it far easier to build small apartment-condo buildings up to 85 feet in height within a half-mile of a transit center.

This article was originally published by CalWatchdog.com

Two different solutions to California housing crisis – which will work?

house-constructionSACRAMENTO – Before the recent legislative recess, California Democratic leaders and Gov. Jerry Brown announced their intention to tackle one of the state’s biggest crises: housing affordability. It’s the rare instance where virtually everyone in the Capitol at least is in agreement about the scope of the problem, even though there’s far less agreement on solutions.

Real-estate prices have gotten so high that they stretch family budgets and are a root cause of California’s highest-in-the-nation poverty rates, based on the Census Bureau’s new cost-of-living-adjusted poverty measure.

The situation is so acute it’s drawn the attention of the national media. “A full-fledged housing crisis has gripped California, marked by a severe lack of affordable homes and apartments for middle-class families,” according to a recent New York Times article. Median home prices have hit a “staggering $500,000, twice the national cost.”

The problem is particularly bad in the state’s major metropolitan areas. The median single-family home price in the nine-county San Francisco Bay Area, for instance, has topped $750,000. Public-opinion surveys suggest soaring home prices – rather than job opportunities or the state’s business climate – are the key reason many people are moving to other states.

But while there’s broad agreement that housing affordability is in crisis, there are two schools of thought on how to address it. Democrats are primarily trying to raise taxes and fees to pay for more government-subsidized affordable housing, whereas Republicans want the state to chip away at local governmental barriers to home construction.

Legislators and the governor have made little progress in crafting a detailed housing plan for this legislative session. But there are a handful of bills moving their way through the Capitol that encapsulate their approach. Their high-priority measure, when legislators return to the Capitol late next month, is Senate Bill 2, which would impose fees of $75 to $225 on every real-estate transaction to provide $225 million in annual funding to subsidize developers of low-income housing.

“With a sustainable source of funding in place, more affordable housing developers will take on the risk that comes with development and, in the process, create a reliable pipeline of well-paying construction jobs,” according to the Senate bill analysis.

Senate Bill 3 also takes a similar approach toward building affordable housing. The measure authorizes $3 billion in general-obligation bonds to pay for low-income and transit-oriented housing. It would need to be approved by voters in the November 2018 election. There’s also talk about using proceeds from the cap-and-trade auctions to fund such programs.

One major bill embraces some of the concerns expressed by those who want to encourage market-oriented solutions to the problem. Senate Bill 35, by Sen. Scott Wiener, D-San Francisco, “creates a streamlined, ministerial approval process for development proponents of multi-family housing if the development meets specified requirements and the local government in which the development is located has not produced enough housing units to meet its regional housing needs assessment,” according to the bill summary. The streamlined process would apply where a project meets “objective zoning, affordability, and environmental criteria, and if the projects meet rigorous labor standards,” according to Wiener.

The bill circumvents local planning decisions, but New Urbanists and others say such pre-emption is needed because “not in my back yard” (NIMBY) sentiments among residents and city officials have impeded developers’ ability to add high-density housing in urban areas. The latter point – the requirement that workers receive union wage rates – has been a major sticking point for some conservatives, who believe the mandate could drive up the cost of home construction.

The building industry has neutralized another measure, Assembly Bill 199, which could have required such above-market wage rates for a wide range of privately funded housing projects. AB199 originally would have required “prevailing wage” for any project that involved an agreement with a “state or a political subdivision.”

The building industry argued that “the language was purposely ambiguous and could mean simple tasks, like a new porch, would require union labor,” according to a San Diego Union-Tribune report. The amended version removes that language and now applies only to projects that receive public subsidies.

There’s wide disagreement about whether additional mandates for affordable housing will substantially boost the supply of lower-priced homes. Even if the new subsidies pass, those dollars are a drop in the bucket, given the overall size of the state’s housing market, critics say. And government mandates that builders provide a set number of affordable units as part of their new subdivisions may ramp up the overall costs for market-based units.

The Union-Tribune’s Dan McSwain compared the process to something out of a Kafka novel: “Raise the overall price of market units, thus ensuring that fewer get built, in order to subsidize a handful of poor families … who win a lottery administered by local government agencies, with staffs funded by housing fees that inflate prices.” McSwain blamed high costs partially on city-imposed fees that inflate housing prices by 20 percent or more.

The Legislature isn’t about to tackle that broader problem. Legislators have yet to reform the California Environmental Quality Act and other environmental rules that drag out the approval process for major new developments. For instance, Southern California Public Radio recently reported that the Newhall Ranch development in Los Angeles County finally “is moving forward after recently winning key approvals.”

That Santa Clarita Valley project, which will house 60,000 people, has been in the works since the 1980s and still is a long way from a ground-breaking. It’s been delayed by environmental lawsuits and legal challenges related to its possible impact on climate change.

Southern California Public Radio quoted real-estate experts who say the project will only make a small dent in the region’s housing shortage. But is that the fault of the developer or of policymakers who have ignored the problem so long that adding tens of thousands of new housing units only amounts to adding a few drops in the housing bucket?

The good news is the Legislature and governor are paying attention to a serious problem that has been percolating for years. The question, as always, is whether state officials can craft legislation that will make a real dent in the problem.

Steven Greenhut is Western region director for the R Street Institute. Write to him at sgreenhut@rstreet.org.