Report to Mayor and City Council
Tuesday, April 18, 2023
Consent
SUBJECT:
Title
CONSIDER TAKING A POSITION OF OPPOSITION AND SENDING A CORRESPONDING LETTER REGARDING SENATE BILL 423, WHICH WOULD FORCE CITIES TO APPROVE CERTAIN HOUSING PROJECTS WITHOUT OPPORTUNITIES FOR ENVIRONMENTAL REVIEW OR PUBLIC INPUT (CITY COUNCIL)
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I. SUMMARY
This item transmits a request from the League of California Cities for the City Council to formally oppose Senate Bill 423 (Wiener). This bill would modify and expand SB 35 (2017) provisions that allow certain multifamily housing developments to take advantage of a streamlined, ministerial approval process.
Specifically, this bill: (1) removes the 2026 sunset and makes the statutes permanent; (2) applies SB 35 provisions to the Coastal Zone; (3) allows the State to approve housing developments on property they own or lease; and (4) prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.
II. RECOMMENDATION
Recommendation
OPPOSE Senate Bill 423 and DIRECT staff to transmit a corresponding letter.
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III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
Senate Bill 432:
* Eliminates the sunset on SB 35.
* Authorizes SB 35 to apply in the coastal zone.
* Subjects local governments to SB 35 streamlining if they fail to adopt a compliant housing element as determined by HCD, as specified.
* Provides that if a local government requires units restricted to higher incomes than those required for SB 35 streamlining, that those units meet the affordable housing requirements.
* Authorizes development on a wetland or protected habitat if authorized by any other state or federal law.
* Requires a local government planning director or other equivalent local government staff to make determinations about compliance with the objective planning standards.
* Prohibits a local gove...
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