Tag Archives: SB 423

CEQA, Housing, Politics

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)

CEQA, Housing

Home Breaking News Groups Believe that SB 423 Will Threaten Local Democracy

Special to the Vanguard : davisvanguard – excerpt

Recently Senator Scott Wiener introduced legislation that would make SB 35 permanent…

Sacramento, CA – A coalition of communities are pushing back on recent housing proposals, and warn that SB 423, a permanent extension of SB 35, “gives developers unlimited ability to develop nearly anything, anywhere in California.”…

But for some, that means it would “permanently strip local communities of nearly all important land use decisions.”

The group calls itself Our Neighborhood Voices and describes itself as a “non-partisan coalition of residents and elected officials from every corner of California who believe that land use decisions should be determined by local communities and their elected leaders – not one-size-fits-all laws from Sacramento and for-profit developers.”

Our Neighborhood Voices is organizing to qualify a citizen-led ballot initiative that they say would “protect the ability of local communities to adopt laws that shape local growth, preserve the character of neighborhoods, and require developers to produce more affordable housing and contribute to the costs associated with it.”

Opponents note that while “the legislation – SB 423 – is touted as a tool to solve our affordable housing crisis, local elected leaders say that the legislation undermines local democracy by removing the ability of communities to plan and prepare for what is built in their neighborhoods.”

They explain, “It also can accelerate damaging ‘Builders Remedy’ projects across the state that see massive projects built in residential neighborhoods without adequate planning for water, schools, transit, safety fire danger and other priorities.”…(more)

Is there such a think as too much? Some developers clearly think the sky’s the limit when “Builders Remedy” is concerned. They have decided to test that theory with a 50 tower next to Ocean Beach in a single family neighborhood that objects to anything over 4 stories.

RELATED:

Skyscraper Plans Revealed for San Francisco’s Ocean Beach: 712 Homes, 50 Stories

CEQA, Housing, Politics

Wiener bill would kick elected officials out of critical land-use and housing decisions

By Zelda Bronstein : 48hills – excerpt

Mitts-Off

If cities don’t meet the state’s impossible housing goals, unelected bureaucrats could be approving development projects with no oversight.

State Sen. Scott Wiener just introduced a new bill, SB 423, that extends the absurd provisions of his 2017 bill SB 35. That law forces cities to approve—that is, “streamline”—certain housing projects if the number of building permits they’ve issued halfway in the eight-year Regional Housing Needs Allocation (RHNA) cycle falls short of their respective allocations.

The mandate is absurd, because cities can approve projects, but they can’t compel developers to pull building permits on projects that have been approved. Builders are not going to build if they can’t make a profit; that’s why in San Francisco right now, tens of thousands of approved housing units are not getting built.

In a further absurdity, the allocations themselves, especially the low-income numbers, are so enormous as to be unrealizable. SB 35 sets up cities to fail.

Now comes SB 423. The mainstream press has focused on two controversial aspects of Wiener’s new bill: it adds Builder’s Remedy to SB 35’s penalties, and it loosens SB 35’s requirements for employing union labor.

My focus here is on another problematic aspect of SB 423…

Here’s the relevant passage in SB 423: Section 65913.4 of the Government Code is amended to read:

…. (c) (1) If a local government government’s planning director or any equivalent local government staff, including all relevant planning and permitting departments, determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, it shall approve the development. …(more)

Homeowners and would-be homeowners take exception to Wiener’s claims that single family homes are immoral. The more you know about the plans to limit your lifestyle the less you like it.