HomeMy WebLinkAboutOpposition Letter - SB 290 (Skinner) - 06.29.2021
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June 29, 2021
The Honorable Cecilia Aguiar‐Curry
California State Assembly, 4th District
State Capitol, Room 5144
Sacramento, CA 95814
RE: SB 290 (Skinner) ‐ OPPOSE
Dear Assemblymember Aguiar‐Curry,
On behalf of the City of Cupertino, I write to oppose SB 290 (Skinner), which would
make various changes to density bonus law (DBL) to expand the types of low and moderate‐
income housing developments that can receive a density bonus and which would allow
developments to reduce parking availability by 0.5 spaces per bedroom.
Under current law, cities and counties have the ability to refuse a density bonus,
concession, or incentive application if the proposed development would have specific, adverse
impact on public health and safety or the physical environment. As written, SB 290 prevents
municipalities from denying a density bonus to projects that harm the physical environment
and restricts project denials to projects that pose a threat to the health and safety of the public.
The City of Cupertino is concerned that the removal of this important provision will lead to the
development of projects that may lead to negative outcomes such as an increase in noise and air
pollution.
Moreover, the bill outlines a process for developers to significantly increase density
while providing only a modest number of additional affordable housing units. Specifically, SB
290 expands incentives for developers to build additional moderate‐income units, thus
motivating developers to prioritize the creation of moderate‐ income housing over low‐income
housing in both quantity and unit‐size. Incentives include reducing parking minimums for
developers that meet specific requirements for the construction of a meager percentage of
moderate‐income units.
The City fears that this measure could under‐deliver more affordable units in favor of
less affordable units at a time where many struggle to make ends meet to afford basic living
expenses. The COVID‐19 pandemic has decimated many Californiansʹ income levels and
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO ASSEMBLYMEMBER AGUIAR‐CURRY OPPOSING SB 290 page 2 of 2
housing security. As written, this bill seeks to expand incentives for the development of
affordable housing units for moderate‐income earners by stripping municipalities of local
discretion pertaining to parking requirements and environmental quality.
We wish to see the construction of affordable housing units for income earners across
the board. However, we fear SB 290 will incentivize developers to utilize the scarce resource of
available land to construct large, mostly market‐rate units that will increase land values and
stifle the production of much needed lower‐income developments and units. Developer
incentives should match pace with the construction of affordable housing units to ensure the
delivery of projects that optimize affordability.
For these reasons, the City of Cupertino opposes SB 290.
Sincerely,
Darcy Paul
Mayor
City of Cupertino
cc: Senator Dave Cortese
Assemblymember Evan Low
Assemblymember Marc Berman
Assembly Local Government Committee
Assemblymember Cecilia Aguiar‐Curry (Chair)
Assemblymember Tom Lackey (Vice Chair)
Assemblymember Richard Bloom
Assemblymember Tasha Boerner Horvath
Assemblymember James Ramos
Assemblymember Luz Rivas
Assemblymember Robert Rivas
Assemblymember Randy Voepel