Stern Takes Another Shot At Restricting Risky Development in Fire Zones
SACRAMENTO -- After repeated failed attempts over the past four years, Senator Henry Stern (D-Los Angeles) is taking another run at limiting risky new development in wildfire zones around California. But SB 1292, Stern argues, “is about saying yes twice as much we say no.”
The bill allows local governments to firmly restrict new development in fire zones, but preconditions such restriction on housing units to be doubled outside the fire zones, thus addressing the state’s massive affordable housing shortfall.
“This bill will result in more housing production where we need it—in safe, affordable, infill, high opportunity areas close to jobs and transit—and fewer overpriced McMansion tracts in fire zones,” said Senator Stern, the author of the measure.
“We are in desperate need of affordable housing. But a carrots-only approach to getting capital to good development won’t work. These new fire zone developments on untouched open space are just too profitable for locals to say no. This bill gives them a push to impose such restrictions and an obligation to say yes to even more affordable housing projects than we’re currently slated for, ” continued Stern.
Senator Stern developed the bill in consultation with housing advocates and based on a report by the Center for Biological Diversity (Built-to-Burn) along with numerous studies by Stanford climate expert Michael Wara, Director of the Climate and Energy Policy Program at the Stanford Woods Institute for the Environment, and his colleagues Judd Boomhower (Moral Hazard, Wildfires, and the Economic Incidence of Natural Disasters).
Wara noted “this bill creates an important path for local governments to take action to protect their residents from the hazards of catastrophic wildfire while ensuring that those jurisdictions don't use wildfire risk as an excuse to avoid building new, urgently needed housing. The bill preserves local government control over housing policy, while also ensuring that governments are still accountable to state housing needs. In essence, it requires that if we are going to say no to housing in one place, we have to say yes in another–that's equitable, climate smart and responsible housing policy.”
SB 1292 would require local governments not only to plan and zone for double the number of units restricted in the fire zones, but also to assist with financing and construction. The bill’s authorization to local jurisdictions to restrict development in fire zones is preconditioned on that jurisdiction adopting a plan that ensures the production of at least double the number of residential units not developed as a result of the restriction. The plan may address the production of these residential units through rezoning, permitting, financial assistance, or other measures necessary to achieve regional housing needs.
Senator Stern’s bill does not include funding but was designed to link with the Governor’s $2B downtown housing fund, along with a reformed version of redevelopment Stern has proposed with SB 1466, and efforts underway to form an LA County wide affordable housing trust to meet local regional housing needs with SB 679.
“This bill is intended to work within a more coherent, larger push for affordable housing outside of fire zones the Governor is leading ,” added Stern.
Stern, who chairs the two Senate committees that oversee wildfire issues, noted some concerns that counter efforts were underway that could actually incentivize more development of master planned communities in fire zones, along with a a pending regulation before the State Board of Forestry (link tk press democrat piece)
“We have got to get consistent on climate and housing policy. Both are emergencies. Our solutions to one crisis shouldn’t exacerbate the other. But do I think this bill can pass? Based on SB 12’s fate in the Assembly last year and the Governor’s veto of SB 182 in 2020, let’s just say the fire development lobby is strong,” continued Stern.
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