ACTION ALERT
OPPOSE SB 423 (Wiener)
By-right Housing Approvals: Multifamily Housing Developments: SB 35 (Chapter 366, Statutes of 2017) Expansion.
Background: In 2017, the Legislature passed, and the Governor signed SB 35. This law makes the approval of certain multifamily developments, “ministerial” actions. As a result, the approval of these developments pre-empts local discretionary land use authority, bypasses the California Environmental Quality Act (CEQA), and ignores public input.
What does SB 423 specifically do?
• Extends the Jan. 1, 2026 sunset to Jan. 1, 2036.
• Applies SB 35 provision to cities that have not been found in substantial compliance with housing element law by the California Department of Housing and Community Development.
• Applies SB 35 provisions to developments in the Coastal Zone. • Allows the state to approve housing developments on property they own or lease without being required to follow local zoning and development standards. • Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.
SB 423 would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and extend the Jan. 1, 2026 sunset date to Jan. 1, 2036 requiring cities to ministerially approve certain multifamily housing projects without public input or environmental review.
SB 423 may be voted on the Senate Floor at any time between May 24 and June 2. 1) Voice your opposition TODAY by CALLING YOUR SENATOR and express your opposition. Click here to find your Senator.
2) If your city would like to join the growing coalition of cities opposing SB 423, contact your Regional Public Affairs Manager to be added to the Floor Alert (attached).
ACTION
Talking points:
• City officials intimately understand the housing crisis as it plays out in their communities every day. Local leaders are working to find creative solutions so homes of all income levels can be built.
• Cities are finalizing local housing plans that will identify sites for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success. • SB 423 is the latest overreaching bill, would force cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input.
• Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials.
• That’s why YOUR CITY NAME is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development.
• Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. • California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process.
• Join me and oppose SB 423 (Wiener).