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Friday, April 26, 2024 | Back issues
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Contentious residential zoning bill passed by California Assembly

Senate Bill 10, which will allow cities and counties to redo their zoning regulations, passed the Assembly and heads back to the state Senate, where its likely passage will put it on Governor Gavin Newsom's desk.

(CN) — A housing bill that seeks to increase density around transit centers in cities and counties passed the California Assembly on Monday — though the passage was hardly resounding.

The final tally was 41-9, but the 33 abstentions indicated how reluctant many lawmakers of both political parties are to sign their name onto the controversial law. 

SB 10 by state Senator Scott Weiner, D-San Francisco, would provide cities and counties the opportunity to reform their zoning in transit-rich areas of their jurisdictions in an attempt to deemphasize single-family homes in favor of multi-unit homes and apartment complexes. The theory in positioning multi-unit housing near transit is that residents would be able to take public transportation and not contribute to the state’s infamous traffic congestion issues. 

“California’s severe housing shortage requires many strategies, and making it easier and faster for cities to zone for multi-unit housing is a critical piece of the puzzle,” Weiner said following the vote. “This voluntary tool will help local governments throughout California fundamentally reshape their zoning in infill areas, and help our state climb out of the housing crisis we face.”

Not everyone agrees. 

Critics of the bill say it undermines local control of land use decisions, circumvents important environmental laws like the California Environmental Quality Act (CEQA) and fails to incorporate mandates for more affordable housing. 

Redondo Beach Mayor Bill Brand has argued SB 10 would not create more affordable housing, but would instead lead to a proliferation of luxury housing due to the incentives to developers. 

“It’s environmentally irresponsible and doesn’t address affordable housing,” he said. 

Brand also noted that SB 10 allows jurisdictions to circumvent CEQA, which analyzes the environmental impact of development. 

“CEQA is an important tool to allow growth without destroying our quality of life,” Brand said. 

But Weiner has repeatedly countered these claims by noting that the bill only addresses parcels of land in dense urban areas, and has explicit carveouts for open space areas and other less developed areas. 

In previous years, Wiener’s proposals have faltered in the face of opposition from Republicans and Democrats who feared a state mandate would remove control over housing decisions from local officials. For example, critics cast a previous incarnation that would have lifted zoning restrictions to allow multistory affordable housing units near transit centers as an “attack” on single-family neighborhoods.

But Wiener and supporters like California YIMBY, say relaxing low-density laws that have been in place for decades is the fastest way to making a real dent in the state’s housing shortage. They argue it would also have the added benefit of slowing urban sprawl and that building near transit would cut down on greenhouse gas emissions.

"Legalizing small apartment buildings near transit and in urban infill areas reduces environmental impacts and slashes climate pollution," said Brian Hanlon, CEO of California YIMBY, after Monday’s vote. 

Weiner’s bill appears to stand a decent chance of passing the state Senate. 

Following last year’s defeat of Wiener’s bill, state Senator Toni Atkins directed lawmakers to continue brainstorming while Newsom urged the Legislature to send him a “historic housing production bill.”

Newsom said on the campaign trail he wanted to see the state create 3.5 million new units by 2025 and improve on California’s ranking of 49th out of 50 in housing units per capita.

However, Newsom faces a recall election on Sept. 14 that polls indicate is tighter than many pundits expected in the deep-blue state, which may dissuade the governor from signing politically divisive bills. If Newsom survives, though, his signature is all but assured. 

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Categories / Government, Law, Regional

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