HomeMy WebLinkAboutOpposition Letter - SB 7 (Atkins) - 03.12.2021
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March 12, 2021
The Honorable Toni Atkins
State President Pro Tempore
State Capitol, Room 205
Sacramento, CA 95814
RE: SB 7 (Atkins) – OPPOSE UNLESS AMENDED
Dear Pro Tem Atkins,
On behalf of the City of Cupertino, I am writing to respectfully express our oppose unless
amended position on SB 7, your measure that would extend the Jobs and Economic Improvement
Through Environmental Leadership Act of 2011 (the Act) for four years, until 2026. Additionally,
the measure makes housing projects that meet certain requirements, including affordable housing
requirements, eligible for certification under the Act.
SB 7 adds a new category of projects that could qualify for certification under the Act ‐
affordable housing projects. To qualify, the project must, among other things, be located on an
infill site, be consistent with a sustainable communities strategy or alternative planning strategy,
have at least 15% of the project be dedicated to affordable housing, and must result in a minimum
investment of $15 million in California. In comparison, under current law residential projects
currently are subject to LEED Gold, do not have a minimum affordable housing requirement, and
are required to result in $100 million investment in California.
The City’s concern with SB 7 is that lowering the minimum investment level to $15 million
may not be the appropriate amount, particularly in areas of the State that have high land values.
In Cupertino, a $15 million investment could result in a development with as few as 15 units. The
City requests that you consider amending the bill to provide a sliding investment scale based on
regional economic conditions, so that these projects create a meaningful amount of affordable
housing.
In order for housing projects to utilize the lower investment threshold, projects should
address the housing shortage in a community. As such, we would request that amendments be
taken to indicate that a project will not create more jobs than it does housing, thereby negatively
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO PRO TEM ATKINS OPPOSING SB 7 UNLESS AMENDED page 2 of 2
impacting a community’s jobs/housing balance. If the purpose of a project is to create jobs, and
secondarily create affordable housing, then it should be evaluated on the criteria that are
currently set forth in the Act.
Additionally, in cities that have minimum affordability requirements, like Cupertino, this
bill does not require a housing development to contain any affordable housing beyond what
would otherwise be required under local ordinances. We would request that you amend SB 7 to
require a housing development to create additional affordable housing, beyond what is required
locally, to be eligible for expedited judicial review of CEQA.
Lastly, the City believes that for projects to take advantage of the streamlined judicial
review of CEQA, they should provide a significant environmental benefit. Therefore, the City
would recommend that any project submitted pursuant to the Act should be certified as LEED
Platinum. These projects should strive to attain the highest level of public good possible, both
economically and environmentally.
While we appreciate the intent of SB 7, we feel that the current provisions of the bill do
not match the goals for the bill. It is for these reasons that the City of Cupertino has taken an
Oppose Unless Amended position on SB 7.
Sincerely,
Darcy Paul
Mayor
City of Cupertino
cc: Senator Dave Cortese
Assemblymember Evan Low
Assemblymember Marc Berman