SR 09-12-2023 16C
City Council
Report
City Council Meeting: September 12, 2023
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services
Department
Subject: Request of Councilmember Brock and Councilmember Parra that the City of
Santa Monica oppose SB 423 and direct the City Manager to have the City’s
State lobbyist take all action necessary to advocate on the City’s behalf.
Prepared By: Denise Anderson Warren, City Clerk
Approved
Forwarded to Council
Attachments:
A. SB 423 (Wiener) NASCAR Sen Floor Alert 5 25 2023
B. ACTION ALERT SB 423 (Wiener) Sen Floor 5 24 2023
16.C
Packet Pg. 367
May 25, 2023
SENATE FLOOR ALERT
SB 423 (Wiener) By-right Housing Approvals. SB 35
(Chapter 366, Statutes of 2017) Expansion.
OPPOSED
File #168
The League of California Cities and the 95 cities listed oppose SB 423,
which would greatly expand SB 35 (Chapter 366, Statutes of 2017)
provisions and extend the Jan. 1, 2026 sunset date to Jan. 1, 2036.
Local leaders are working to find creative solutions so homes of all income
levels can be built. They’re taking on these difficult and complex tasks,
and in many cases successfully planning 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. This measure would double-down on
the recent trend of the state overriding its own mandated local housing
plans by forcing 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 we continue to
call 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. What is really
needed is a sustainable state investment that matches the scale of this
decades-in-the-making crisis.
Cities and towns opposed to SB 423:
Agoura Hills
Apple Valley
Artesia
Atwater
Banning
Bellflower
Bell Gardens
Benicia
Beverly Hills
16.C.a
Packet Pg. 368 Attachment: SB 423 (Wiener) NASCAR Sen Floor Alert 5 25 2023 (5992 : Opposition to SB 423)
Big Bear Lake
Blythe
Brentwood
Burbank
Calimesa
Carpinteria
Carson
Cathedral City
Chowchilla
Chula Vista
Citrus Heights
Clovis
Coalinga
Colton
Concord
Cotati
Del Mar
Downey
Duarte
Eastvale
Elk Grove
Fairfax
Fortuna
Garden Grove
Glendora
Hesperia
Highland
Huntington Beach
Indian Wells
Inglewood
Irwindale
Kerman
La Habra
La Mirada
Lafayette
Lake Forest
Lakeport
Lancaster
Lincoln
Lodi
Lynwood
Manteca
Menifee
Mission Viejo
Modesto
Montclair
Moorpark
Morgan Hill
Murrieta
Newport Beach
Norco
Norwalk
Novato
Orinda
Palm Desert
Palos Verdes Estates
Paramount
Pinole
Pleasant Hill
Point Arena
Rancho Mirage
Rohnert Park
Rolling Hills Estates
Rosemead
San Anselmo
San Clemente
San Fernando
San Marcos
San Rafael
Santa Clarita
Santa Fe Springs
Simi Valley
South Gate
Stockton
Temecula
Thousand Oaks
Tracy
Truckee
Turlock
Tustin
Vacaville
Vista
Whittier
Wildomar
Yorba Linda
Yucaipa
16.C.a
Packet Pg. 369 Attachment: SB 423 (Wiener) NASCAR Sen Floor Alert 5 25 2023 (5992 : Opposition to SB 423)
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
16.C.b
Packet Pg. 370 Attachment: ACTION ALERT SB 423 (Wiener) Sen Floor 5 24 2023 (5992 : Opposition to SB 423)
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).
16.C.b
Packet Pg. 371 Attachment: ACTION ALERT SB 423 (Wiener) Sen Floor 5 24 2023 (5992 : Opposition to SB 423)