Western Real Estate Business

MAY 2017

Western Real Estate Business magazine covers the multifamily, retail, office, healthcare, industrial and hospitality sectors in the Western United States.

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www.REBusinessOnline.com Western Real Estate Business • May 2017 • 57 termine which party is responsible for ensuring that the facilities comply with the requirements of AB 1732, whether the subject facilities comply with the requirements of AB 1732, and also which party is responsible for paying for the costs associated with such compliance. IS THE TIDE TURNING AGAINST NIMBYISM IN THE BAY AREA? By Todd Williams, Partner, Wendel, Rosen, Black & Dean LLP in Oakland, Calif. While housing prices in the San Francisco Bay Area rise and fall (but mainly rise), one constant remains: virtually all hous- ing development remains contro- versial. Nowhere is this more apparent than in the San Francisco Bay Area where both mul- tifamily towers and a neighborhood four-plex can draw fierce opposition. Urban area residents raise issues of gentrification, displacement and affordability. Suburban area con- cerns tend to focus on issues of open space, increased traffic and demand on public services and neighborhood character. The result, along with eco- nomic factors, is a dramatic shortfall in housing production. The California Department of Housing and Commu- nity Development estimates that Cali- fornia averaged less than 80,000 new homes annually in the past decade — 100,000 units short of the annual need. Leading economists increasingly site the shortage of housing as the No. 1 threat to California's economic expan- sion. Both elected officials and communi- ty groups growingly accept that Cali- fornia, and the Bay Area in particular, is mired in a long-standing housing crisis that needs to be addressed. Few agree on the proper way to solve it, however. The non-partisan California Leg- islative Analyst's office (LAO) pub- lished several reports over the past two years that have urged a signifi- cant increase in the production of new housing to address affordabil- ity and stem displacement. The LAO largely points the finger of blame at Not-In-My-Backyard opponents, aka NIMBYs. This group routinely objects to new development, espe- cially in Coastal communities, along with outdated and restrictive local planning and zoning laws that make development more costly, time-con- suming and uncertain. The tide, however, may be starting to turn. Voters in Los Angeles de- feated (by a 2-to-1 margin) the anti- development Measure S that would have put a moratorium on projects requiring an amendment to the city's general plan. This year has also seen a flurry of potential legislative ac- tions designed to address the hous- ing shortage and to streamline the path to development. There are currently more than 100 housing bills that have been intro- duced in the state legislature. These range from bills designed to provide a permanent source for affordable housing (e.g., through a recording fee on real estate documents or a state- wide bond measure), to new limits on local governments' ability to ap- prove projects at a lower than permit- ted density, to granting "by-right," (i.e., automatic approval to certain urban infill projects if they com- ply with zoning and pay prevailing wage), and even allowing the state to override a local decision denying affordable housing. All of these bills are in their early stages, and sure to go through various amendments, but the sheer number is evidence that politicians realize housing is an issue that cannot be ignored. In addition to these legislative ef- forts, pro-housing citizen groups — frustrated with the slow pace of de- velopment and the resultant upward pressure on housing prices — have or- ganized to advocate in favor of more dense development and to counter the NIMBY sentiments of existing residents. These "YIMBY" (Yes-In- My-Backyard) groups have supported the approval of recent projects in San Francisco, Oakland and elsewhere in the Bay Area, in some cases turn- ing out more supporters than project opponents. They are becoming an in- creasing political voice to be reckoned with. Whether these efforts result in a suf- ficient increase in housing production is yet to be seen. New development is often viewed as the answer to fix exist- ing deficiencies through demands for inclusion of deed-restricted affordable units, impact fees and other commu- nity benefits that make profit margins untenable when coupled with increas- ing construction costs. n Williams Door Symbol: The following image represents the door symbol that is required by CBC 11B-216.8 to identify an all-gender single-user toilet facility. The symbol must comply with the requirements of CBC 11B-703.7.2.6.3. Frontier Village Center is Prescott's most centrally located shopping destination. Join, Home Depot, Target, At Home, Sportman's Warehouse, Ross, Petco, Picture Show Entertainment, Office Max, and a host of other popular national and local businesses. Leasing information contact Bill Tucker 928-515-7231 btucker@YPIT.com http://www.frontier-village.com/ https://www.facebook.com/frontiervillagecenter/ Visit us at ICSC RECON in Las Vegas May 21-24 in Booth N2467 Frontier Village Center Prescott, Arizona Owned and Operated by the Yavapai-Prescott Indian Tribe Located on E. State Route Highway 69 and N. State Route Highway 89

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