Sacramento, CA – Bills that would support the construction of new homes to address California’s housing shortage by streamlining student housing and eliminating barriers to building in San Francisco’s coastal zone, respectively passed the Assembly on Tuesday.
“California thrives when our cities and communities thrive,” said Senator Wiener. “By promoting more housing, better transit, and more vibrant street activations, cities will have critical new tools to thrive thanks to today’s votes in the Assembly.”
SB 312
SB 312 passed 66-0 and heads next to the Senate for a concurrence vote before heading to the Governor for a signature.
SB 312 will resolve an issue with SB 886 (Wiener, 2022) that prevents universities from utilizing the bill to streamline student and faculty housing.
SB 886 provides a CEQA exemption for student housing projects. However, one of the qualifications for these projects to utilize SB 886 is a requirement for all buildings to meet Leadership in Energy and Environmental Design (LEED) Platinum certification. Platinum is the highest level of LEED certification, and as such includes numerous requirements to determine if a building qualifies for certification. Some of these determinations, however, cannot be made until the building is occupied. Given this, SB 886’s requirement to certify LEED Platinum prior to being granted the CEQA exemption and the certificate of occupancy simply isn’t possible.
SB 312 addresses the LEED timing issue by requiring that these buildings qualify for LEED Platinum certification, rather than receive the certification, which can be achieved prior to occupancy. The bill also makes several technical changes.
The bill is sponsored by California YIMBY, the UC Student Association, Student HOMES Coalition, and GENUp.
SB 951
SB 951 passed 76-0 and heads next to the Senate for a concurrence vote before heading to the Governor for a signature.
While housing unaffordability is an issue throughout California, the added layers of discretionary permitting in the Coastal Zone have made the problem especially acute near the coast. This affordability crisis has had profound racial and economic impacts on these communities. According to a Stanford Environmental Law Journal report, within one kilometer of coastal access, white populations increase by 25 percent, while Hispanic and Latino populations fall 52 percent, and Black populations fall 60 percent. Coastal communities also have, on average, 18 percent fewer households below the poverty line.
Additionally, according to a Legislative Analyst Office’s Report in 2015, the lack of affordable housing means workers in coastal communities often commute 10 percent further each day than their inland counterparts. Transportation is the leading source of carbon emissions in California, and these extra long commutes threaten the very coastal resources the Coastal Act was passed to protect by exacerbating the climate crisis.
SB 951 will aid housing production in the Coastal Zone – and driving emissions reductions – by clarifyings that the Commission does not have jurisdiction to appeal projects that are within the permitted uses for a specific parcel where there is an LCP in place. Given these uses were present in the LCP when the Commission granted approval, projects that fall within these established parameters should not be worthy of an appeal, solely on the basis of the new use of the parcel. In addition, This appeal authority was intended to protect rural counties, however, this authority currently applies to San Francisco given their status as both a city and a county. It is clear that this provision was not intended for urbanized cities, and as such, SB 951 adjusts this authority to treat San Francisco like the city it is.
SB 960
SB 960 passed 58-17 and heads next to the Senate for a concurrence vote before heading to the Governor for a signature.
In transportation planning, “Complete Streets” is an approach to designing and operating roads and the surrounding infrastructure that accounts for all road users, including pedestrians, cyclists, motorists, and transit riders. It also accounts for the needs of communities that have been systematically ignored in the design of the built environment, including the disability community, the aging community, those without access to vehicles, and communities of color.
Complete Streets elements can include sidewalks, bike lanes, bus-only lanes, comfortable and accessible public transportation stops, frequent and safe crosswalks, median islands, accessible pedestrian signals, curb extensions, narrower travel lanes, and more.
In California, most surface roads maintained by the state do not have infrastructure to protect the full range of road users. Most (55%) projects in Caltrans’s biggest road maintenance program, the State Highway Operation and Protection Program (SHOPP) have no complete streets elements. Many state-owned roads currently have no or deficient sidewalks, minimal crosswalks, no bike lanes, or any safe facilities for vulnerable road users. The result is that state roads are inaccessible or dangerous to many potential users.
In 2019, the Legislature passed SB 127 (Wiener), which required Caltrans to prioritize safe and connected facilities for pedestrians, bicyclists, and transit riders on all SHOPP projects and in the asset management plan. Such improvements are consistent with recommendations outlined in the State’s Climate Action Plan for Transportation Infrastructure (CAPTI). Governor Newsom vetoed the bill but implemented many of its provisions in watered-down form through executive order.
SB 960 codifies the Department’s commitment to implement complete streets by requiring Caltrans to prioritize the implementation of safe, convenient, and connected facilities for pedestrians, bicyclists, and transit users on all SHOPP projects.
SB 960 requires Caltrans to include complete streets facilities – including transit priority facilities – in the asset management plan and set targets and performance measures for complete streets facilities in the state highway system management plan. SB 960 further requires the Department to establish a streamlined process for the approval of pedestrian facilities, traffic calming improvements, bicycle facilities, and transit priority treatments at locations where state-owned facilities intersect with local facilities.
Prioritizing Transit
Buses and some other modes of public transportation are often stuck in traffic, creating a slow, frustrating, and stressful experience for riders and making transit less attractive. Planners can improve this experience by designating certain roads to be transit priority roads, which could include adding features like a rapid bus lane.
Caltrans has engaged in preliminary stakeholder engagement to develop a transit priority policy. The timeline for development of this policy – or its specific objectives – is currently unclear. Amidst a backdrop of transit ridership struggling to rebound and car ownership costing more than it ever has, it is imperative that this process proceed swiftly.
SB 960 directs Caltrans to develop – by January 1, 2026 – a transit priority policy as well as transit priority facility design guidance by July 1, 2027 to help improve transit travel time reliability, speeds, reduced transit and rider delay, and improved accessibility at stops, stations, and boarding facilities.
Senate Bill 960 is sponsored by Calbike, SPUR, Streets For All, AARP California, KidSafe SF, and Walk SF.
SB 969
SB 969 passed 70-2 and heads next to the Senate for a concurrence vote before heading to the Governor for a signature.
The COVID-19 pandemic devastated foot traffic to downtown businesses. Cities in California vary widely in their recovery trajectories, but few have yet reached the levels of foot traffic seen in 2019 in their downtowns.
Under SB 969, local governments can designate “entertainment zones,” where restaurants and bars may sell alcoholic beverages for consumption in the specified zone. Similar programs to create “outdoor refreshment areas” have proven successful in supporting small businesses and downtown districts in other states, including in Michigan, Ohio and Virginia. This new tool will enhance the experience and business opportunities of customers and sellers at existing events while creating the opportunity for novel and exciting activations that will draw out clientele and foster community. Cities will be able to choose to tailor “Entertainment Zones” to the individual needs of each locale and event.
SB 969 is sponsored by The City of San Jose, The City and County of San Francisco, and the California Nightlife Association.
