Wiener scales back bill that would allow taller housing near public transit

A BART train passes the Vaya housing project, a 178 unit transit-oriented development slated to open this year in Walnut Creek, Calif. A bill to increase housing development near BART stations squeaked past the state Senate on Thursday. less A BART train passes the Vaya housing project, a 178 unit transit-oriented development slated to open this year in Walnut Creek, Calif. A bill to increase housing development near BART stations squeaked past the ... more Photo: Noah Berger / Special To The Chronicle Photo: Noah Berger / Special To The Chronicle Image 1 of / 1 Caption Close Wiener scales back bill that would allow taller housing near public transit 1 / 1 Back to Gallery

SACRAMENTO — State Sen. Scott Wiener scaled back a controversial housing proposal that would strip local governments of their ability to block construction of taller and denser apartment and condominium buildings near public transit stops, and conceded the bill might not make it through the Legislature this year.

The San Francisco Democrat introduced amendments to his SB827 late Monday that would lower the maximum height of buildings that could go up as a result of the bill to five stories from eight. Also, the bill would take effect in 2021 instead of 2019.

Wiener made the amendments ahead of the bill’s first hearing April 17 in the Senate Transportation and Housing Committee. If passed, the bill will then head to the Senate Governance and Finance Committee.

“The bill is not guaranteed to survive either committee,” Wiener said Tuesday. “It’s a hard bill. Hopefully, we pass through these committees and live to fight another day, but if not, then we will try again next year. It’s very common in the Legislature that for hard bills, sometimes you have to try multiple times.”

The measure would override local height limits on proposed four- and five-story apartment and condo buildings in residential areas if they are within a half mile of major transit hubs, such as a BART or Caltrain station. It also would limit cities’ ability to block denser buildings within a quarter-mile of highly used bus and light-rail stops, but amendments eliminated new height requirements.

Wiener argues that the bill is needed to ensure that local opponents of construction can’t block developments that would benefit people trying to find affordable housing near where they work. Building such housing near public transit would also reduce the need for people to drive long distances to their jobs, cutting traffic congestion and greenhouse gas emissions, Wiener says.

Some opponents argue that the bill could result in construction of high-end housing that would push lower-income people out of their neighborhoods. Others say decisions about whether to allow apartments and condos in neighborhoods of single-family homes should be left to local governments.

“We don’t even understand the impacts of this bill yet — it’s moving too fast,” said Dennis Richards, a member of the San Francisco Planning Commission. “And I have serious reservations.”

Richards said one big problem with the bill is that it could force cities to allow large numbers of housing units with no assurance that transit lines can handle the added ridership. He said it’s “a no-brainer” that cities need to build taller and denser housing near public transit, but that removing decision-making from locally elected officials is not the answer.

“This is dividing people people more than it is bringing them together,” Richards said.

Other amendments that Wiener introduced Monday would require builders to include affordable units if their projects are of a certain size and make it more difficult for developers to tear down low-income housing for higher-priced rentals and condos.

Those amendments drew support from the Non-Profit Housing Association of Northern California, a group that includes affordable-housing developers. Its policy director, Michael Lane, said the bill could spur housing development throughout the state.

Wiener said the bill remains “a work in progress” and that he is talking about possible additional amendments with the chairs of the committees that will hear the measure.

“We have a 4 million-home deficit in California and we need an enormous amount of new housing,” Wiener said. “We need to put it near public transportation. When communities have hyper-low density zoning around public transportation hubs, it undermines the state’s ability to solve our housing crisis.”

Melody Gutierrez is a San Francisco Chronicle staff writer. Email: mgutierrez@sfchronicle.com. Twitter: @MelodyGutierrez