The State Legislative cycle is well under way in Sacramento. This legislative process occurs every year with little fanfare or local input despite the fact that bills approved by the State Legislature and signed by the Governor can have far-reaching impacts to every county, city, community and neighborhood throughout the state. Perhaps the best way to influence legislation is by contacting your State representatives, which you can do as described below.
Among the many bills currently being considered this year by the California State Legislature (comprised of two separate state houses, the Senate and the Assembly) are several that are focused on creating more housing statewide while streamlining the review process and limiting local discretionary authority for their approval. Included among these bills are Senate Bill (SB) 9, authored by Senate President Pro Tempore Toni Atkins, and Assembly Bill (AB) 500, authored by Assemblymember Chris Ward.
SB 9 – The California Housing Opportunity & More Efficiency Act
If passed, SB 9 would allow, through approval of a ministerial permit, single-family zoned lots to be subdivided into two lots, each of which could have at least two units. Authored by Toni Atkins, Senate President Pro Tempore and Representative of Senate District 39 (which includes Solana Beach), SB 9 is intended to streamline the process to create a duplex or two units on a single-family residential lot and to also allow the subdivision of single-family residential lots into two separate lots each of which would allow two units. As such, SB 9 would allow at least 4 dwelling units on a single-family residentially-zoned lot and, as currently drafted, could also allow an accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) for each of the primary units (up to 6 units total). The bill would also allow side and rear yard setbacks to be reduced to no more than 4 feet. The streamlining provisions of SB 9 would allow permits for both the residential units and the subdivision to be approved by the City ministerially, without discretionary review or a public hearing (i.e., “by right”). Additionally, no parking would be required for such development if it is located within ½ mile walking distance of a high-quality transit corridor or a major transit stop.
Proponents of SB 9 believe the bill will increase the supply of housing in California, expand revenue for homeowners and increase housing access to those who might otherwise be priced out of renting or owning a house. Opponents of SB 9 believe it will not contribute to affordable or even moderately-priced housing, particularly in communities with high land values and housing costs, that it will destabilize single-family residential neighborhoods by increasing density and decreasing available on-street parking, that local discretion over community character and/or view impairment would be lost and that the bill could be abused by profit-seeking developers.
Senate President Pro Tempore Atkins has proposed several other bills which can be found at this link. If you would like provide comment or input on SB 9 or any of her proposed bills, you can do so here or by calling (619) 645-3144 or (916) 651-4039.
AB 500 – ADU & Supportive Housing Development in the Coastal Zone
If passed, AB 500 would return housing program and policy authority to the Coastal Commission. Authored by Chris Ward, Assemblymember of the 78th District (which includes Solana Beach), AB 500 would require local cities lying entirely or partially within the coastal zone to amend their Local Coastal Programs (LCPs) or certified Land Use Plans (LUPs) by January 1, 2024, to specify streamlined permit procedures for the approval of ADUs, JADUs and supportive housing projects (affordable housing with on-site support “wrap-around” services). Per existing state ADU law, all cities including Solana Beach must already streamline approval of ADUs and JADUs. Under AB 500, coastal cities would also have to include provisions in their required LCP Amendments to allow for coastal development permit waivers or exemptions for ADUs, JADUs and supportive housing projects. Currently, existing state law provides that a certified LCP is not required to include housing policies and programs. AB 500 would repeal that provision of state law and return statutory authority over housing policies and programs to the Coastal Commission.
Proponents of AB 500 argue that California must remove unnecessary barriers for ADUs and supportive housing projects along the coast and that ADUs and JADUs provide lower cost housing opportunities in coastal communities. Opponents believe that returning authority for housing policy and programs to the Coastal Commission shifts their priority away from coastal-dependent uses, will unnecessarily duplicate the role of local government and the California Department of Housing and Community Development (HCD) which already provides oversight for both ADUs and affordable housing through the Housing Element process, will not provide for affordable housing and/or ADUs in many coastal areas and will replicate the State’s already existing ADU permit streamlining provisions.
Assemblymember Ward has proposed other legislation which can be found at this link. If you would like to comment on AB 500 or any of his other proposed legislation, you can do so here or by calling (619) 645-3090 or (916) 319-2078.
These bills and many others are currently moving through the Senate and Assembly committee review process. Those bills making it through the committees will ultimately be considered by both the full Assembly and Senate. Bill passed by the State Legislature will eventually be sent to the Governor in or around September 2021 for signature or veto. Most bills signed by the Governor will become effective on January 1, 2022.
