To qualify, individual projects must meet all of the following eligibility criteria: Propose a height of 160 feet or less (although 100% affordable projects qualify regardless of height) and be located in a zoning district that does not propose less than 50 units per acre or more than 750 units per acre, with a majority of its gross square footage proposed for residential use. All nonresidential uses must be allowed by the zoning “as of right,” meaning the use is not one that triggers a planning commission approval, Hanson Bridgett points out.

In another effort to combat the growing housing crisis, state senator Scott Weiner (D-San Francisco) has recently introduced revised upzoning legislation, the More Housing, Opportunity, Mobility, Equity and Stability Act/More HOMES, also known as SB 50. This new legislation seeks to boost residential construction in areas near public transit and job centers through exempting development projects in transit-oriented neighborhoods from typical local land use restrictions on building height and density, according to Hanson Bridgett.

Some of the notable features of this newly introduced legislation include expanding the scope of SB 827, its predecessor's exemption, which covers both neighborhoods in close proximity to public transit and those with substantial job opportunities. Also, height and density exemptions would take the form of an “equitable communities incentive” and projects within the designated zones would be entitled to up to three additional incentives under the Density Bonus Law. It also includes a five-year delayed implementation for sensitive communities and a carve-out for recently/currently rented properties.

Although the bill has faced similar criticisms to that of its failed predecessor, such as loss of local control over development, the prospects for passage of this bill are greatly improved with the early support of major cities such as San Francisco, Oakland and Sacramento, says Hanson Bridgett.