The Appeal on AB 9

By Ella Morner-Ritt and Alexandra Friedman : cp-dr – excerpt

CP&DR News Briefs: https://cp-dr.com/articles/cpdr-news-briefs-july-16-2024

CP&DR News Briefs July 16, 2024: AB 9 Appeal; Land Use Ballot Propositions; SB 423 Streamlining; and More

By Ella Morner-Ritt and Alexandra Friedman

July 16, 2024

Bonta Appeals Ruling Exempting Charter Cities from SB 9
Attorney General Rob Bonta is appealing a Superior Court decision that halted the enforcement of Senate Bill 9 in charter cities. SB 9 took effect in 2023, allowing subdivision of parcels traditionally zoned for single-family homes into configurations accommodating duplexes and fourplexes. The law faced opposition five charter cities asserting it improperly overrides local zoning in charter cities, though supporters argue it’s crucial for addressing the statewide housing crisis. Del Mar, along with four Los Angeles County cities, challenged SB 9 in court, contending it violates the state constitution by not effectively promoting affordable housing without interfering excessively with local government. The judge’s ruling sided with this argument on April 22, prompting Bonta’s appeal, aiming to clarify the law’s applicability across all of California’s charter cities. Bonta emphasized SB 9’s constitutionality and its role in enhancing housing availability and affordability statewide, highlighting ongoing efforts to defend legislative housing initiatives in court. “We firmly believe that SB 9 is constitutional as to every city in the state,” said Bonta, in a statement. “As the California Second District Court of Appeal recently held, ensuring housing availability and affordability in California is a matter of statewide importance.”

November Statewide Ballot to Feature Four Land Use Propositions
California voters will face four statewide ballot propositions related to land use this November, covering issues from infrastructure funding to rent control. The ballot will feature ten propositions in total. Proposition 2 proposes a $10 billion bond primarily allocated for school construction and upgrades. Proposition 4 proposes a $10 billion bond to fund climate and environmental projects, aiming to mitigate impacts of climate change and bolster water and wildfire defenses. Proposition 5 seeks to ease voter approval requirements for local housing and infrastructure bonds to encourage borrowing for low-income and affordable housing projects. Proposition 33 proposes granting local governments authority to enforce rent control measures; it’s the latest in a string of thus-far unsuccessful rent control measures sponsored by Los Angeles-based AIDS Healthcare Foundation. AB1657 — which proposed issuing $10 billion in general obligation bonds to fund affordable rental housing programs for lower-income families, supportive housing for the homeless and other critical housing initiatives — will not appear on the ballot; concerned about the state’s borrowing capacity, the legislature opted instead for Proposition 2, a $10 billion school facilities bond measure… (more)