City Hall Mum on Density Enabling Legislation

A Sacramento bill that would require cities to allow at least four dwelling units on single family lots (exempting only historic districts) and forbid additional street parking for the added units if within half a mile of high quality public transit (15 minute buses) has advanced through its final policy committee.

Residents in Long Beach neighborhood groups (the Eastside Voice, Lakewood Village Neighborhood Association, Citizens About Responsible Planning) and several individual homeowners have actively opposed the bill in Sacramento legislative hearings. On June 22, they spoke telephonically in opposition to SB 9 as they did in a June 9 Assembly Committee hearing.

In contrast, Long Beach City Hall has been publicly mum on SB 9. taking no position and failing to hold any agendized council proceedings on the bill co-authored by state Senator Lena Gonzalez (D, Long Beach-SE Los Angeles County.)

In late May, the state Senate approved SB 9 on a 28-6-6 vote with Long Beach area state Senators Lena Gonzalez and Tom Umberg both voting “yes.” On June 22, the Assembly’s Housing and Community Development Committee approved SB 9 on a 5-1-2 vote, sending it to the Assembly Appropriations Committee chaired by Assemblywoman (11 Dems [two Dem vacancies] plus 4 Repubs, none from Long Beach) a final non-policy committee that could send it to the full Assembly floor.

Two Housing Committee Democrats (Gabriel, Maienschein) declined to cast recorded votes on SB 9 (“no votes recorded.”) One Republican Committee member, Kevin Kiley (R, Rocklin) – one of Sacramento’s loudest critics of Governor Gavin Newsom and currently mulling a recall-election run for Governor – voted “yes” on SB 9.

In addition to Long Beach-area local opposition (organized mainly by Eastside Voice president Corliss Lee), SB 9’s two major statewide opponents (Livable California and Neighborhoods United) contend (and SB 9 supporters deny) that it quietly lets a city’s individual City Council to permit up to eight dwelling units on a single family home parcel if the council enacts a further ADU-enabling ordinance.

Dozens of California cities oppose SB 9 as it stands or unless amended, many citing loss of local control. Other groups base their opposition to SB 9’s lack of provisions explicitly requiring below market affordable housing.

Assemblyman Patrick O’Donnell (D, Long Beach-San Pedro) is opposed to SB 9 but won’t have a chance to vote on the bill until it reaches the full Assembly floor. The Los Angeles County Democratic Party (several June 22 telephonic speakers in opposition) and (for the first time) LA County Republican Central Committee (Laura Brewer, Assembly speaker) both testified in opposition to SB 9.

Long Beach “YIMBY” group (one of several “Yes In My Backyard” groups statewide) supports SB 9.

Long Beach Mayor Robert Garcia and all incumbent councilmembers quietly let themselves blow the deadline to take a position SB 9 before the June 22 Assembly Committee hearing, and failed to take a position on SB 9 through two state Senate policy committees and passage by the full Senate.

And SB 9 isn’t the only Sacramento preemptive density-enabling parking-hostile bill currently advancing.

AB 1401 would prohibit local governments from imposing or enforcing a minimum automobile parking requirement for residential, commercial and other developments if the parcel is within a half mile walking distance of a major transit stop. On June 1, the full Assembly passed AB 1401 on a 51-17-11 vote, with Long Beach Assemblyman O’Donnell voting “no,” Assembly Speaker Rendon voting “yes,” and Assemblyman Mike Gipson with “no vote recorded.”

AB 1401 supporters include the California Apartment Association, which wrote in support, “...As you know, mandatory parking requirements have led to an oversupply of parking spaces. These mandatory parking requirements hinder California’s severe housing shortage by raising the cost of housing production. CAA believes that eliminating these spaces will allow for more construction of apartment units.”

Opponents, including the League of California Cities, wrote in opposition: “AB 1401 would essentially allow developers to dictate parking requirements in vast areas of many cities because the definition of public transit includes entire bus corridors, not just high frequency bus stops or major transit stops.

“Restricting parking requirements within one half-mile walking distance of a high-quality transit corridor does not guarantee individuals living, working, or shopping on those parcels will have access to public transit since proximity to a corridor does not equate to a convenient bus stop.

“AB 1401 would give both developers and transit agencies, who are unaccountable to local voters, the power to determine parking requirements. Transit agencies would be able to dramatically alter local parking standards by shifting transit routes and adjusting service intervals.”

SB 10 would authorize up to ten units of residential density via a City Council enacted ordinance (not subject to the California Environmental Quality Act/CEQA) if the parcel is a transit-rich area or an urban infill site. On June 22, the full state Senate approved SB 10 on a 27-7-6 vote, with the Long Beach’s two state senators, Democrats Lena Gonzalez and Tom Umberg both voting “yes.”

Now advancing through the Assembly, the Assembly Housing and Community Development Committee voted to approve SB 10 on June 22 in a 6-1-1 vote (again including a “yes” vote by northern CA Republican Kevin Kiley.)

Locally, the Eastside Voice opposes SB 10 and AB 1401. Long Beach YIMBY “Yes In My Backyard” supports both bills.

To date, no Long Beach City Council incumbents have agendized SB 10 or AB 1401 for council discussion and a voted city position.

Bill Pearl is the publisher of lbreport.com, an online, local news source since August 2000.