by Tom Lollini, RCPC Land Use Committee Chair The California legislature has passed scores of new laws since 2017 with the intent of addressing the state’s housing crisis by accelerating development through a combination of shortening approval timelines by reducing discretionary review; creating density incentives to spur development of affordable housing; reducing parking requirements in urban areas; and entitling builders to seek waivers when jurisdictions are not meeting their obligations to generate sufficient housing as determined by the State.
The California Department of Housing and Community Development (HCD) lays out key housing challenges for the state that these laws intend to address. Since 2019, under SB 35, local governments must have streamlined options for approving housing projects that include affordable units.
Governor Newsom signed 56 new housing-related laws, including SB 423 which extends and expands upon SB 35’s approach until 2036. Another bill, AB 1287, provides incentives for moderate income housing as well. Eligible projects must comply with “objective planning and design standards” and meet other requirements detailed in Government Code section 65913.4.
The amount of affordable housing required is dependent on a city’s progress toward meeting HCD housing production targets for various levels of affordability. Because Oakland, like nearly every other jurisdiction, has not met these targets, proposed projects may make use of these incentives that consist of two key elements:
1) Ministerial Approvals: The primary tool for streamlining is to remove all discretionary review for projects that meet the eligibility criteria. City Council and Planning Commission hearings are eliminated, and design review beyond checking compliance with objective standards are not required. Eligible projects are also not required to demonstrate compliance with the California Environmental Quality Act (CEQA), which has been a primary lever for stopping projects over the past 30 years. Public notice and public input are essentially removed from the process.
2) Density Bonuses: Concurrent with streamlining legislation, the State Density Bonus (SDB) program, established in the California Government Code in the 1970s, has been amended multiple times to facilitate housing production. The SDB allows a 50-100 percent increase in the number of units depending on the amount of affordable housing provided, with waivers of zoning constraints such as height limits and setbacks. They also allow for the inclusion of mixed uses such as retail, offices or hotels, as long as it can be demonstrated as necessary to achieve the affordability goals of the project. The SDB program can enable projects to achieve zoning compliance through waivers of certain land use constraints or physical requirements such as height limits or setbacks, and become eligible for accelerated, ministerial approvals.
Additional laws target parking and CEQA, two of the biggest hurdles in housing production.
Parking: Additional laws reduced parking requirements to zero for housing within a half mile of a major transportation facility (e.g., BART) and 0.5 spaces/unit in other locations, while AB 1317 requires unbundling parking costs from rent to make housing more affordable for some.
CEQA Review: Should discretionary review be required to comply with CEQA, other State laws limit the City to a maximum of five public meetings or hearings on any project before rendering a decision. AB 1633 exempts 100 percent affordable projects in urban areas from any CEQA review.
Locally, the City of Oakland’s 2023-2031 Housing Element and Planning Code Update was accepted by HCD last year, and with adoption of its Objective Design Standards anticipated this fall, Oakland will be compliant with HCD regulatory requirements.
These documents increase allowable heights along College and portions of Claremont Avenues to 55 feet, 95 to 100 feet near the BART Station, 65 feet along parts of Broadway, and from 35 to 40 feet for residential lots within the neighborhood. The City’s S-13 Housing Overlay Zone provides local height and density incentives for affordable housing along commercial streets.
How Might These Regulations Impact Rockridge?
Given the limited number of large, marginally used sites available for development along primary corridors like College, Claremont and Broadway, the most significant new housing might come from developments at either end of College, along Broadway, around the DMV site on Claremont, and possibly near BART where allowable heights are greater. Other possibilities include incremental development of smaller lots along College with buildings up to five stories, and possibly seven to nine, or higher if State density bonuses laws are used.
Within single-family areas where examples of higher density housing date back decades, accessory dwelling units will likely increase, while lots 4,000 square feet or more might be transformed to four or five-unit buildings three to four stories tall, based on added incentives like no off-street parking requirements, smaller setbacks, and increased allowable height. The current high cost of single-family homes makes this option financially unlikely in most cases.
Is The Proposal for 5295 College Ave. A Beta Test or a Viable Proposal?
In mid-June, the owners of 5295 College Avenue submitted a pre-application checklist to the City of Oakland seeking to redevelop this multi-building site into a mixed-use project comprised of 88 units of housing, including 18 low- and moderate-income units; a 72-room hotel; office and retail uses, 110 parking spaces and bike parking; plus, private and semi-public open space. The initial images on the developer’s website show a 15-story, 170-foot-tall, 256,000 square-foot project. See the developer’s website for this project here: https://5295collegeavenue.com/.
The project claims to qualify for as-of-right ministerial approvals under SB 35 and SB 423, plus multiple State housing density bonuses and waives multiple zoning requirements and objective design standards. Based on several methods of analysis, the project appears to make some assumptions that are neither legally, physically nor financially feasible. Inquiries have been made to the City of Oakland Planning Department to ascertain the applications status and the City’s evaluation of the applicant’s assertions. RCPC will provide updates as this project evolves.
Building an Inclusive Vision of Rockridge’s Future.
In recognition of how the unfolding development context will bring significant change to our neighborhood, including strengthening
neighborhood diversity and College Avenue’s identity as the heart of our community, RCPC also wants to ensure we are thinking forward to improve mobility, public safety, access to open space and other qualitative enhancements that support our existing
residents and anticipated increases in population. Please join us in our Community Vision efforts by volunteering to bring your thoughts, dreams, and skills to the table. You can sign up online at bitly/VisionRockridge.
