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Since the bill would retain local control, to the extent that adopting any zoning change would be at the discretion of the City. The "risk" becomes even lower when you look at detail of the bill: the rezonings would only be allowable on parcels located in one of the areas noted (urban infill, near major transit stop (in our case, BART or ACE), or proximate to jobs). This most likely would rule out most or all areas subject to PP/QQ or requiring an Urban Growth Boundary amendment. The bill also provides that such ordinances are not considered a project for the purposes of CEQA. At the Assembly Local Government Committee meeting held on August 11, 2020 Senator Weiner accepted amendments to remove the provision to allow a City to override a local voter approved zoning ordinance. SB 1085 (Skinner) Density Bonus Law: qualifications for incentives or concessions: student housing for lower income students: moderate-income persons and families: local government constraints. This bill will expand existing Density Bonus Law by increasing the number of incentives provided to developers in exchange for providing more affordable units, and aims to incentivize the production of moderate-income units by increasing the level of density bonus, and number of concessions available for projects providing moderate-income units. This bill would also require the elimination of impact fees, in-lieu fees, and other public benefit fees to be imposed on a housing development's affordable units or bonus units. Recommended Position: Oppose Current Density Bonus Law already allows generous concessions and waivers for projects that have as low as 5% affordable units. Additional concessions could; 1) result in projects that are oversized for their communities, 2) deem a local jurisdiction's development standards as obsolete, and 3) erode community character, without necessarily delivering large numbers of affordable units. Staff is also concerned that the proposed law takes a one-size-fits all approach, where additional incentives cannot be equally applied across the State because housing production and pricing is market driven. Eliminating the ability to levy impact fees on affordable units, would reduce the city's ability to fund the infrastructure and services improvements needed to support those that will reside in the housing development. AB 3040 (Chiu) Local Planning: Regional Housing Needs Assessment This bill would allow local jurisdictions to accommodate a portion of their Regional Housing Needs Allocation (RHNA), by counting (with certain limitations) units that may be produced through upzoning to allow small multifamily projects in existing single- family neighborhoods. The bill does not mandate such rezonings, and inclusion of such units in the housing inventory would remain voluntary. Recommended Position: Support Page 4 of 11