Newsom signs legislation to boost California’s housing supply
gov.ca.gov
gov.ca.gov
> SB 10 by Senator Scott Wiener (D-San Francisco) creates a voluntary process for local governments to access a streamlined zoning process for new multi-unit housing near transit or in urban infill areas, with up to 10 units per parcel. The legislation simplifies the CEQA requirements for upzoning, giving local leaders another tool to voluntarily increase density and provide affordable rental opportunities to more Californians.
SB 9 indeed allows duplexes on all single-family parcels, as well as lot splits if one of the new homes will be owner-occupied, and neither lot would be less than 40% of the original lot's area.
> This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
Source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml...
But that's not the same. Ending RH-1 would mean something like "no more RH-1 buildings will be permitted, you must build at least two". Instead, it's "if you have an RH-1 lot, you are allowed to build up to two units".
So I'd say it makes RH-1 also mean RH-2, but doesn't "end" it in the sense most people interpret. (E.g., In San Francisco, you would be unlikely to get planning approval to build a single-family home on an RH-2 zoned lot, because it should have been used for two units).
https://en.wikipedia.org/wiki/Duplex_(building)
They were popular in many cities in the 70s as starter homes. The idea was that you'd buy the whole thing, then rent out one half to help offset your mortgage.
Obviously this lot-splitting may not work in areas like Los Altos where each single family lot by city law is required to be 10k sqft or larger (unsure how local laws will interact with SB9).
But question @koolba asks is still valid - can you recursively split large lots into many smaller lots?
SB 9 is paradigm shifting: every lot in California that’s single family zoned can a) be split into two lots of equal size AND/OR b) each resulting lot can now have up to 2 units AND c) if the lot is compliant with all other criteria, each lot is still able to have an ADU built in addition to the extra unit, per statewide ADU law passed two years ago.
So you can potentially turn a single lot into 6 units. Or 3 without splitting the lot. All of this is by-right, too. Design approval and local councils can’t stop it, and I believe they must be approved within 90 days, too.
Under RHNA and the HAA, if cities fail to zone for their share of housing, many projects will be approved automatically and the city loses its discretionary review authority.
Now, you are effectively not allowed to do that. So the permitting process to build a duplex is as straightforward as the permitting process to build a SFH.
Someone else could explain better but I'm also fairly sure many of the new rules here (such as exempting CEQA) also apply to SFH. They just leave the current rules untouched for commercial/large-scale residential.
Submitters: please don't rewrite titles to make them more misleading. This is in the site guidelines: https://news.ycombinator.com/newsguidelines.html.
Also voters are often given lots of say, people who don’t want density get entrenched and vote for local leaders who are like minded.
In mathematical terms, you're stuck in a local maxima, and to get to a higher global maxima you need to descend the gradient a little bit and put up with some short-term pain.
Failing infrastructure can have disastrous impacts. It's not somewhere where you can afford to move fast and break stuff. There is no alternative to competent government here, no easy way out.
Things can get built fairly rapidly in many places if all restrictions are removed. You can definitely move fast and break things.
Unfortunately, these days exactions are also abusively imposed to offset the supposed costs of "gentrification" and other unquantifiable social phenomena, and sometimes the dollar value of such imaginary costs conspicuously set so high as to make a development financially unviable. This is how cities like SF force developers to include below-market-rate units or to make cash contributions to low-income housing projects, even when a project is not actually displacing any pre-existing tenants.
If we charge fair property tax to homeowners, based on the actual present value, municipalities will be able to afford the infrastructure improvements.
That is the very essence of gentrification. If you want to destroy more communities of color in the Bay Area, this is how to do it.
The negative side effects of Prop 13 far, far outweigh any benefit to poor people (most of whom are renters priced out due in part to Prop 13!).
[1] Corporate approach to keeping 1970s tax rate on large land lots: a) the property should be owned by a specific corp. b) corp has board of directors controlled by original owner c) deal made to sell the land d) new owner slowly replaces the BoDs as to not trigger a "corporate change". e) new BoD is fully controlled by new owner and corp now sold (with land assets). Due to prop13, that land is still taxed at original ownership rates.
"These bills will not require developers to invest in infrastructure improvement, rather only provide bare-minimum parking, avoiding costly entitlements. How will the current infrastructure — water, sewer, gas, roads — support the increased population? Who will make the necessary infrastructure investment?"
[1] https://padailypost.com/2021/03/19/guest-opinion-sb9-sb10-th...
So we could keep out black people: https://www.kqed.org/news/11840548/the-racist-history-of-sin...
Folks have come up with reasons more palatable to folks in the 21st reason. Some of those reasons may be valid, and some of those folks honestly believe those reasons are why we have zoning. I'm not going to call them racist, but that article makes a compelling case single-family zoning was originally due to racism.
Its basically like the show Supernatural except with the twist that Dean and Sam Winchester had to hunt demons but also had to escape white only neighborhoods and sundown towns every episode, because they were black.
That kind of perpetual threat alongside a different non-race related plot isn't portrayed often.
SFH has existed heavily in New England, Canada, Iowa, pretty much every where in North America in spots where there are very few black people. Even heavily black neighborhoods like Baldwin Hills (aka Black Beverly Hills) historically had quite a bit of single family zoning. I think if that thesis was true you'd see large historical discrepancies with SFH in different states but you really don't.
I grew up in a suburban white town next to a city that was 95% white and our town had a lot of NIMBYs who prevented condos from going up. I do no think it was because they were cool with 95 white people moving in but scared of 5 non-white people. I think they just knew that it was bad for property values (for supply/demand reasons) + property taxes (for budgetary reasons) and were selfish.
The only reason I push back on this is because I don't think its helpful. I live in LA and the most common cited arguments against SB9/SB10 was that it would hurt "middle class minorities in south LA" and the representatives of these areas all voted against the bill (presumably because their biggest donors are black+hispanic+white landowners in these areas)
No, it was the first in the US, as described in the article I linked. I agree it's not the only reason, but I think it's important to mention the racist origins every time someone gives another reason for single family zoning.
[Edit: I originally said first in North America. I misremembered what the article said. Changed to US to match it. Wouldn't surprise me if first in North America were also true though.]
This was also a reason used to keep blacks and minorities out of predominately white neighborhoods. Many people believed that bringing blacks into a neighborhood would devalue their homes. Once a black person moved into your neighborhood - "there goes the neighborhood".
It was a self-fulfilling prophesy because once blacks moved into a neighborhood, all the white families would move out ( white flight ) which caused housing values to collapse since there were so many more sellers than buyers.
On the flip side, it's why gentrification increases home values. As blacks/minorities are kicked out of the neighborhood and it becomes more white, it attracts more whites to move in. More buyers than sellers. Gentrification is the exact opposite of the white flight phenomenon in america.
That article hardly proves that SFH was primarily a tool for racism. It only says the first Bay Area SFH law, in Berkeley, was championed by a guy who didn't allow property to be sold to blacks. This is not compelling evidence for SFH being a channel for racism in any subsequent cases across different cities.
I don't think it's necessary to provide references here. The history of housing discrimination is well researched and just a quick google search away for you. I know this is HN and the culture is to require proof, but seriously, some people just need to educate themselves, because otherwise they aren't receptive to listening.
You're underselling it. The first US single-family zoning law, not just first in the Bay Area.
Yes, maybe all of the subsequent single-family zoning laws that spread across the US were for totally different reasons than the first one. Personally I find that unlikely.
...because that would be absurd.
If there are possibly valid reasons, shouldn't we instead discuss those?
That's a matter of opinion, but since you asked me: no. Every discussion of single family zoning should start with its racist origins and go on to consider the negative racial and socioeconomic effects it's still having, and to hell with parking and the other selfish, greedy, petty, short-sighted, and/or misguided reasons for denying folks affordable housing.
So why is there never discussion of reducing demand instead of increasing supply? As in, put a limit on how many employees can be hired in the Bay Area by any company. Google, Apple, Facebook, Netflix, and all the rest bring in many tens of thousands of employees (and their families) every year. They crowd out the nicer apartments, making them unavailable and unaffordable to low-wage employees. And eventually the tech worker cashes in their fantastic stock growth and over-bids on a house, driving prices up.
The suggestion of capping hiring in the Bay Area seems to be a taboo suggestion, not sure why. Seems to me, when your house is flooding from a broken pipe, first thing you do it cut the main.
Why isn't anyone building brand new cities shaped the way they want, instead of trying to force people out of where they live? I'd much rather live in a blank slate city designed the way I'd like, than constantly fight people who don't want me around.
- All existing land is already claimed by someone, or by the government. There are insanely large parcels owned by individuals or small groups.
- Most existing water is claimed by someone hundreds of miles downstream.
- The overall US mindset (there are definitely exceptions!) has changed over the 20th and early 21st century from one of maximizing tangible accomplishment, to maximizing financial gain and minimizing loss. We're playing musical chairs instead of making more chairs.
- Mass media (Disney -- kid shows, superhero movies) creates the impression that the current geographic and cultural structure of society is the only possible structure of society, by making a few views seem ubiquitous, and everything else the domain of pure fantasy.
- Prior attempts eventually got ridiculed, like EPCOT (ironically enough also Disney). People won't leave you alone -- they'll insist that any hope of new ideas is unforgivable hubris, and do whatever they can to make their ridicule a self-fulfilling prophecy.
Your comment that I should think about my suggestion "for a second" is dismissive and assumes I haven't put any thought into it. Again, this has no value in furthering your argument.
Since you are the one in favor of curtailing the freedoms of businesses and people, the burden of proof should be on you to demonstrate why we cannot simply build our way out of this problem.
I have no burden. I already stated: it would be far easier to restrict hiring for the very large, high-salary companies, than scaling out housing to accommodate for the yearly influx of tech works with explosive earnings.
Anyhow, the point of all of this legislation isn’t that duplexes alone will necessarily provide enough housing. It just gives cities a fair chance to meet their housing targets via duplex building and preserve some local zoning preferences. If they fail, the state will step in to void local zoning laws and approve dense apartment buildings.
Iconic landscapes, nature, and almost perfect weather make it expensive.
Is it? Certainly lots of people have moved to California, but lots have also left. Since 2000, California's population has grown by 17%, while the US has grown by 16%, and the world by around 27%.
I’m from here, and have a lot of friends who left. The primary factor for most of them is wanting to afford a single family home, which is easier elsewhere. Restricting movement would be insane, but two thirds of the population being from migration is a huge factor in pricing my friends out, and it does kinda rub me the wrong way when someone from thousands of miles away complains that there isn’t cheap space for them here, and demands that we change the area to accommodate them.
[0] https://en.wikipedia.org/wiki/Demographics_of_San_Francisco
In the Bay Area in the last 20 years, I think I can count the number of non-hispanic gardeners I've seen, on one hand. The number of non-hispanic custodial workers, maybe on 2 hands. Restaurant workers, regardless of the cuisine and regardless of the restaurant price range, are also most often hispanic.
Some people scream that hispanic immigrants are "stealing our jobs." I think, they're doing the job that white America now refuses to do. Without them, business couldn't survive. But as businesses have thrived --especially tech-- they're the first to get fucked by rising prices.
Certainly you could make the argument that if not for immigrants to the US settling in California it would result in less population growth here, but I think a housing policy which can't even keep up with very little net migration is broken.
And naturally when we talk about housing shortage we always mean in desirable areas. Even in California you can get land for dirt cheap today if you don't mind being in the middle of nowhere.
And when you say “desirable areas”, what this means is where jobs are located. Unemployed people living in the middle of nowhere are not good for society.
There is discussion of reducing demand, primarily by attacking the tech industry. Example: https://www.theguardian.com/technology/2016/sep/02/palo-alto...
Obviously, implementing such a policy at such a regional scale has major side effects, both on the tech industry and on America. The jobs and people have to go somewhere, and we are already exporting our housing crisis to other tech cities (Austin, Seattle, Portland) at an alarming pace. Eventually this will become a national problem.
I hear you, but we are out of space in the Bay Area. Still lots of land in other parts of the country. And quite simply, there's too much money in the Bay Area --with that inequity leading to homelessness in the lowest wage earners-- and too little money circulating in other parts of America (with therefore no low-wage employment opportunities in all the necessary support roles).
This could not be further from the truth. Consider: the Terraces at Lafayette, a proposed new apartment building that would replace an empty field. The City of Lafayette delayed the project for almost a decade entirely on spurious grounds. We are not out of space, it just feels like it because we refuse to allow our space to be used efficiently.
All I see is throwing more money at homeless people and voluntary upzoning program that city councils probably aren’t going to voluntarily use (hence why this problem exists in the first place).
> It includes provisions to prevent the displacement of existing renters and protect historic districts
Like all bizarro housing legislation passed in California, these bills sound like they'll make it even harder for developers to build. Not easier.
I'm genuinely confused how even more red tape is going to somehow make it easier to build.
It’s like developers said “we can’t build because there’s too much regulation” and the CA government responded by saying “here’s 3 more pieces of regulation!”
This is specifically in reference to the owner-occupancy provision. If you choose to split your lot into two parcels, the owner must attest that they intend to reside at the property for at least 3 years. This concession was made to satisfy a demand from the California Association of Realtors and get the bill passed.
Note that this is different from the duplex provision: each parcel can have a duplex, regardless of whether you split the lot or not. The duplex provision does not have any owner-occupancy requirement.
> So it's voluntary?
SB10 creates a voluntary process for 10-unit apartment buildings near transit. SB9 is involuntary, and allows duplexes and lot splits in single family zones.
SB35 ends the days where "local control" included an option to not build anything.
SB 9 is paradigm shifting: every lot in California that’s single family zoned can a) be split into two lots AND/OR b) each resulting lot can now have up to 2 units AND c) if the lot is compliant with all other criteria, each lot is still able to have an ADU built in addition to the extra unit, per statewide ADU law passed two years ago
So you can potentially turn a single lot into 6 units. Or 3 without splitting the lot.
All of this is by-right, too. Design approval and local councils can’t stop it, and I believe they must be approved within 90 days, too.
Thus, SB9 increases the limit from 3 units to 4 units, not 6.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml... (section 4).
Do the lot split first, then the duplex construction, then construct 2 ADUs. 8 units where a SFH was before.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm...
“Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7”
However, it does not appear that the law prevents an ADU from being built without any additional rezoning, just that local cities may choose to approve/disallow it as they see fit
0: https://argentco.com/post/californias-marin-municipal-water-...
Out of 7.5 million single family parcels, 6.1 million are SB9-eligible, and 521k would be market-feasible for construction. This would result in 714k new units of housing.
Clearly SB9 will moderately increase density in some neighborhoods, but it will only lead to construction on ~3% of all single-family plots statewide.
Over what time frame? Do you have a source?
But I find the opposition party in California to be extremely petty. I mean, it is refreshing that politics in CA can revert to its natural state of merely being petty and childish, compared to how the national level has gotten. But at the same time its kind of weird and unnecessary given everything else going on. Of course, I kind of get the perspective that someone else can address everything else going on better, but I mean come on there is no power in the opposition party. If a sympathetic judge can't be found to affect a specific cause then there is no need for any energy on the matter because it is a waste of energy.
Anyway, it is kind of cute though. "Ah he ate at a restaurant other people are also at legally under his own mandate, doing the thing we would all be doing everywhere if we lived in an actual republican state but lets pretend its controversial here, and then waited a single day to sign a lawwww wwaaaaaaah!"
I always roll my eyes when I hear Republicans complain about state politics in California, as if a huge number of Democrats don't have the same gripes. With an open primary system the (D) or (R) needn't matter; just pick the one everybody else is using and then take your case to the public. It sucks for Republican candidates with their heart set on national office, but you can't have everything. Though, maybe Joe Manchin could teach them a trick or two. In any event, I have little sympathy for someone hung up on tribal identity.
A bit insulting to communists/marxists/state-capitalists since CCP tax rates are lower than combined Federal+CA taxes. they're seizing less of the means of production.
SB9 increases that number from 3 to 4: you can now split the lot, and each half can have a duplex. This does give owners more options though: they can sell the other half of the lot, rather than having to rent out ADUs.
[1] http://www.tax-rates.org/taxtables/property-tax-by-state
I find it odd that people who are working until they are past 80 are accused of doing so just to enrich themselves. Pelosi has what 8 years left alive on average, and is spending all her time still working and influencing politics so that she goes to the grave with ~2% more money? Does that sound right to you?
Pelosi is a neoliberal ghoul as much as anyone on the right side of Congress. She has no interest but in herself. She will continue to act in her best interests as she always has. (This isn’t much different of almost anyone in Congress - but worth mentioning anyway)
https://la.curbed.com/2020/3/5/21079171/los-angeles-vacancy-...
Removing Single Family Zoning means that developers can no longer be REQUIRED to build single family units in an area. Single Family Homes may still be built, but may not be required.
If I am not reading this correctly, let me know.
Tear down houses, recycle what material is recyclable, and build new ones.
And build smaller.
Regardless of how you feel about single family vs. duplex - this will create too much selection pressure towards duplexes. Only the ultra-rich will be in single-family houses.
On that note - I'm curious, would it be legal/constitutional to have national zoning laws? Are there currently national zoning laws?
Changing it to add "ending single family zoning in California" is editorializing and not quite accurate.
To fit in 80 characters, while removing the weasel word of historic, I would have gone with "Governor Newsom Signs Legislation to Boost California's Housing Supply".
Is there an example of this policy direction working elsewhere?
Is the goal solely improving housing affordability in locations with high-demand?
Is exacerbating the wealth gap of concern? Density is almost always developed as rental units; growing the permanent rental class means eliminating access to the only vehicle for building wealth for middle and low income Americans.
This is a policy choice, and I would argue it's a bad choice. If we strive to make housing cheaper across the board, households will have more money available to save and invest by other means.
In particular, the incentives created by housing as an appreciating investment are awful. Owners who have all their money locked up in home equity are incentivized to oppose new development, creating an artificial housing shortage.
As a counterexample, consider Germany: virtually all households rent, housing stock is plentiful and affordable, and the middle class is still able to save and build wealth.
That aside, I'm not convinced that encouraging home ownership is bad policy. Home ownership is a direct personal investment in your community, a means of securing one's most base human needs. If people are not building equity in their own homes, someone else is — why is that a superior outcome?
I'm all but certain that's not true. Virtually all non-single-family new construction is aimed at condo sales. Rentals are what you do with depreciating units, not stuff you just built.
I'd look to Tokyo for an example of where it has worked.
Welcome to 'life in the projects'. It's not a ticket to prosperity.