California’s blockbuster legislation faces rocky rollout

By Sam Dillon : msn – excerpt

https://www.msn.com/en-us/news/us/californias-blockbuster-housing-legislation-faces-rocky-rollout/ar-AA1W4Md0?ocid=socialshare

There is a bit of a disconnect between theory and results with the Wiener bills. Art by sfbluecomics.

Mass confusion over the meaning and implementation of SB79, which amounts to unlimited growth near mass transit, is sweeping California’s largest cities that are targeted by the one of the most draconian bills ever devised. After turning over the Pacific coastline to developers, and blaming cities for the housing shortage, Senator Wiener, has managed to make almost everyone mad at him. Now it turns out his penchant for writing long, detailed, prescriptive bills is not playing well with the public or city officials who are charged with enforcing what has been described as developer wet dreams.

In his haste to divide and conquer Wiener has succeeded in dividing both his friends and foes, often referred to as YIMBYS and NIMBYS. Wiener is not enjoying a lot of support from the press either. He relies heavily on the Abundant crowd in Silicon Valley, that his constituents are being hammered by. If you were not recently laid off by a high tech firm, you may have lost your income to Waymo or been evicted from a gentrified neighborhood.

Wiener is fighting a Dead horse that is obvious to everyone but him and people are ready to fight back.

There are some gems in this article that covers a lot of the history of how we got here and where the Wiener of the world want us to go. Here are a couple of pull-quotes from the article:

Is Chris Elmendorf a ‘folk economist?’

By Zelda Bronstein : 48hills – excerpt

The Yimby champion is now attacking planners who supposedly don’t know economics—but it appears that this law professor doesn’t either.

Chris Elmendorf—UC Davis law professor, prominent Yimby enabler, and de facto Chronicle staff columnist—is a scourge of economic illiteracy. Usually he trains his contempt on “folk economics” —what he and his colleagues call the economics of “a mass public befuddled by the relationship between housing supply and prices.”

In an October 30 op-ed for the Chronicle, Elmendorf cast a withering eye on a new target: city planners—specifically the staff of the San Francisco Planning Department. For evidence of their  cluelessness, he cited the “Family Zoning Plan: Economic Impact Report” released on October 29 and authored by SF City Economist Ted Egan.

The report shows that San Francisco will not meet the state’s demand that the city zone to “produce”—both Egan and Elmendorf use that term—82,000 homes by 2031. Instead, Egan found that under the best-scenario/high-growth forecast, the upzoning mandated by Lurie’s proposed plan is likely to generate only 14,646 additional homes by 2045.

Elmendorf warned that by next February, the shortfall could trigger the dreaded Builder’s Remedy, which gives developers wide leeway to build whatever they want.

The basic problem, he argued, is that the models behind the Family Zoning Plan and the state’s own housing framework were devised by planners, which is to say, “crafted without economic expertise…. [T]here is not a single staff economist at the state’s housing agency. Nor does the state Legislature have economists vet housing bills.” The upshot: “the state tells cities to make realistic plans but doesn’t furnish reasonable modeling tools that they may use to evaluate their plans’ sufficiency.”…

The basic framework of the Regional Housing Needs Allocations was established by AB 2853. Contrary to Elmendorf’s claim, the state did not intend that framework “to fix” the housing affordability crisis. Nor did it penalize cities if the amount of housing built within their boundaries fell short of their Regional Housing Needs Allocation (RHNA—sounds like ree-nuh).

Indeed, AB 2853 stated: “It is recognized that the total housing needs…may exceed available resources and the community’s ability to satisfy this need…. Under these circumstances, the quantified objectives need not be identical to the identified existing housing needs, but should establish the maximum number of housing units that can be constructed, rehabilitated, and conserved over a five-year time frame. [California Government Code,  Section 65583(b)(2)]”

This was a major concession to both home rule and reality. It acknowledged that planning for housing and producing it are different things. Accordingly, the state qualified its expectation that housing production would equal each jurisdiction’s RHNA.

That qualification was eliminated in 2018 by Wiener’s SB 828. Besides absurdly inflating the RHNAs (for a rundown of Wiener’s legislative antics, see Michael Barnes’ primer), SB 828 erased the distinction between planning for housing and producing it, by amending the passage cited above so that it reads:It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need, and reasonable actions should be taken by local and regional governments to ensure that future housing production meet, at a minimum, the regional housing need established for planning purposes. [California Government Code, Section 65584(a)(2)]”(more)

 

SB 610: Senator Wiener attacks Fire Hazard Maps as impediments to housing.

By Amy Kalish : marinpost -excerpt

Fire truck got stuck in a tight turn. Had to get another. Use a different approach. Hydrant was 300 feet away Here’s something fresh!

There is a new and dangerous assault on local control. Senator Wiener is not content to merely wrest zoning from cities. He is now targeting Fire Hazard Severity Zone Maps as “impediments” to housing.

SB 610 upends local considerations — and would eliminate the State Fire Hazard Severity Zone maps and familiar terms — most noticeably “ember resistant zones.” A whole new system would instead declare portions of the state “Wildfire Mitigation Areas.” There would be no comparative maps to see where changes were made.

Wiener introduced SB-610 “Fire prevention: wildfire mitigation area: defensible space: State Fire Marshal” as a “gut and amend” bill, meaning the contents were completely changed after it had already passed the Senate in an innocuous form (a proposed annual report by the chair of the State Energy Resources Commission).

The Assembly had no time to digest the language or its ramifications and it has sailed through.

Wiener bluntly states the reasons to ditch a functioning system in his SB 610 Fact Sheet:

  • “to keep localities from weaponizing the fire hazard mapping as anti-housing/development tools.”
  • “LRA (Local Responsibility Area) maps can functionally result in restrictions on growth in those areas through imposing costly building standards, increased disaster planning and mitigation requirements, or increasing home insurance premiums.”
  • “Local jurisdictions have the ability to misuse this process and make the majority of their community a high or very high FHSZ (Fire Hazard Severity Zone) map that could impact housing development.”
  • In other words, the Maps must go in order to keep cities and counties from cheating their way out of “fair share housing.”…(more)

How can anybody be so callous about human lives?