Commission recommends clarifying that 1988 voter density cap is inapplicable under state housing law

The Planning Commission voted to forward a zoning ordinance text amendment to City Council to clarify that a 1988 voter‑approved density limitation (commonly called Proposition FF, which limited multi‑family density in parts of the city to 22 units per acre) is inapplicable under current state housing laws requiring higher densities near transit.

Staff explained the legal approach: rather than striking the voter‑approved language from the municipal code, the draft amendment keeps the text but adds subsections that state those provisions are rendered inapplicable pursuant to state law. That approach, staff said, preserves the historical language so it can be restored should state law change in the future without taking the measure back to a public vote.

Commissioners engaged in a lengthy discussion about tradeoffs, including parking reductions tied to state law (AB2097), market viability concerns raised by property owners and the city’s need to comply with the housing element and SB79 station‑area density requirements. Vice Chair Weisenberger repeatedly questioned whether reducing parking and other standards was realistic and warned about neighborhood impacts; other commissioners said the city must follow state law while seeking to preserve design features and community input where possible.

After discussion, the commission adopted Resolution PC26012 recommending that the City Council approve Zoning Ordinance Text Amendment No. 41 to implement Program 22 of the housing element by clarifying the inapplicability of Proposition FF by operation of state law. The roll call recorded four votes for and one opposed (Vice Chair Weisenberger).

Next steps: The commission’s recommendation will be transmitted to City Council for final consideration and ordinance adoption.