sb330 Status and Electronic Petition to OPPOSE : We've placed a temporary hold on the petition.  The bill was amended to remove language that was a non-starter regarding  the prohibition of voter-approved ballot measures, but another review is necessary regarding the bill's effect on allowing General Plan zoning that is in conflict with existing community plans in San Diego.  The bill passed the full Senate on May 29th with a vote of 28  to 7.  It is now being heard in the Assembly, and passed the Committee on Housing and Community Development on 6/19/19.

Next committee hearing is on July 10, and if that committee endorses the bill, there will be a floor vote on Aug. 11. If the bill is passed through the assembly, then the amended version will go back to the senate for another vote.

We are currently in a HOLD position on the amended version and will re-evaluate other sections of the bill that deal with streamlining and impact on Regional Plans.  We will re-open the petition once impact evaluation is completed. 

THANKS to ALL OF YOU who wrote, called, emailed and signed our electronic petition to get the verbiage about prohibiting the electorate's ability to originate a voter-approved ballot initiative or referendum removed from the bill!

You can access a video of the 6/19 video here. Scroll down to "Assembly Housing and Community Development" video, and the sb330 portion begins a little after the middle of the entire video.

High Density Opportunity Map

The map above is provided by HCD (Dept of Housing & Community Development).  sb50 & sb330 will impact the areas designated as "High Resource" with the most density, removal of height restrictions and minimum parking space requirements.   You can click on the map to locate your neighborhood.

OPPOSE sb330

Hon. Assembly Members Chiu, Gabriel,kiley, Maienschein & Gloria

I'm a San Diego Resident and opposed to sb330. The loss of local control of housing decisions is unacceptable to me. The prohibition, in the bill, for the public to exercise its voice with a ballot initiative or referendum is unconstitutional and anti- democratic. We elect our local leaders for that purpose, leading the local housing decisions with established community planning groups and stakeholders who live where housing changes are made. Affordable housing (AH) will not be built in our neighborhoods with the potential for ocean views as developers opt out of building on-site affordable units and elect to pay in-lieu fees that are not commensurate to the cost of building AH. This bill encourages the building of "for rent" apartments only, and "for sale" units are not offered, thereby eliminating equity gain participation by occupants, a necessary step for AH recipients to move up to market rate housing. Please vote against the bill when it comes before your committee or full vote in the Assembly.
Thank-you,

**your signature**

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SB-330 Housing Crisis Act of 2019

 

Sb330 

Great Article on why sb330 is sb50's evil twin    PDF Version

We opposed this bill because it will supercede local control of housing issues.

Please sign the petition and forward it to friends and neighbors.

Read the history of how we got it amended on May 7th, but why it still needs to be killed...

Please read the entire text of sb330.  It take local control of planning decisions the Community Planning Groups, City, and County of San Diego.  This means that the only existing recognized voice of the public (Community Planning Groups) would lose control over where, how much, and when new housing is built in our communities.

The maps below show the Designated TPAs where sb330 applies.

Use this tool to see if your neighborhood will be wiped-out by sb50 that is now state law.

Designated TPAs in San Diego County
Designated TPAs in Clairemont
Designated TPAs in La Jolla
Areas in Blue to be Suspended
Below is the text of the bill that is pertinent to loss of voter control:
This bill, until January 1, 2030, with respect to land where housing is an allowable use, except as specified, would prohibit a county or city, including the electorate exercising its local initiative or referendum power, in which specified conditions exist, from enacting a development policy, standard, or condition, as defined, that would have the effect of (A) changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018; (B) imposing or enforcing a moratorium on housing development within all or a portion of the jurisdiction of the county or city, except as provided; (C) imposing or enforcing new design standards established on or after January 1, 2018, that are not objective design standards, as defined; or (D) establishing or implementing certain limits on the number of permits issued by, or the population of, the county or city. The bill would, notwithstanding these prohibitions, allow a city or county to prohibit the commercial use of land zoned for residential use consistent with the authority of the city or county conferred by other law. The bill would state that these prohibitions would apply to any zoning ordinance adopted or amended on or after January 1, 2018, and that any zoning ordinance adopted, or amendment to an existing ordinance or to an adopted general plan or specific plan, on or after that date that does not comply would be deemed void.
The bill would state that these prohibitions would prevail over any conflicting provision of the Planning and Zoning Law or other law regulating housing development in this state, except as specifically provided. The bill would also require that any exception to these provisions, including an exception for the health and safety of occupants of a housing development project, be construed narrowly. The bill would also declare any requirement to obtain local voter approval for specified purposes related to housing development against public policy and void.

 

"Nancy Skinner’s SB 330,  would roll back many city and county home-building regulations for a decade. Skinner’s office told the Los Angeles Times this week that the bill would apply to San Diego’s coastal height limit, a sacred cow that has defined development in beach communities for decades."   Los Angeles Times: Bay Area Leads Charge On Fixing Housing Crisis

Read VOSD: Bill Would Suspend Height Limits

Read Los Angeles Times Article: Get to know James LaMattery by reading "After Decades of Suburban Sprawl.."

Added Notes 4/3/19:

by James LaMattery:

I asked Liam Dillon, the reporter for the L.A. Times if he knew where in the text of sb330 Skinner's spokesperson was referring.  Here's Liam's answer:

"Thanks for the note. Skinner’s spokesman told me the intent of a future amendment in the bill  was to suspend voter requirements to amend height limits like San Diego’s. He told me this prior to the bill being amended on 3/25. You should ask their office to clarify, but I do see that the current version of the bill does include language about suspending voter approval for certain housing densities.
In essence, from what I understand the practical effect would be is that for San Diego, as written, the bill would suspend the voter approval for the height limit. So the height limit would exist, but the city council — not voters — could approve a project taller than it. (This of course doesn’t take into account whatever rules the Coastal Commission might have.) Hope this is helpful.
-Liam

*Nancy Skinner’s SB 330,  would roll back many city and county home-building regulations for a decade. Skinner’s office told the Los Angeles Times this week that the bill would apply to San Diego’s coastal height limit, a sacred cow that has defined development in beach communities for decades.

Read VOSD: Bill Would Suspend Height Limits

Read Los Angeles Times: Bay Area Leads Charge On Fixing Housing Crisis

This bill would include findings that the changes proposed by this bill to the Planning and Zoning Law address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 

By imposing various new requirements and duties on local planning officials with respect to housing development, and by changing the scope of a crime under the State Housing Law, this bill would impose a state-mandated local program.

If enacted, this bill will prohibit any City or County from:

  •  Imposing any new, increasing or enforcing any existing, requirement that a proposed housing development include parking
  • Imposing a moratorium on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the vicinity of, the area subject to the moratorium or for projects specifically identified as existing restricted affordable housing.
  • Please note the text of the Bill prohibits local county and city legislature, including the electorate, through its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances, from enacting amendments to their Comprehensive Regional or General Plans that would result in less intensive density than those in place since Jan.2018.  Less intensive use is defined as reductions to: height limits, density, or floor area ratios.
  • Prohibits the limitation of population of a county or city.
  • Any requirement that local voter approval be obtained to increase the allowable density or intensity of housing, to establish housing as an allowable use, or to provide services and infrastructure necessary to develop housing, is hereby declared against public policy and void.

How A Bill Becomes Law

We need contributions now to activate San Diegans and force our representatives in Sacramento to oppose this bill.

Chain of CA Senate Bills removing height limits
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