A FEW NEW STATE LAWS YOU SHOULD KNOW ABOUT

The 2023-24 California Legislative Session has ended, and Governor Newsom has completed his review of the more than 1100 bills which were passed this year by the Legislature. The Governor vetoed approximately 16% of these bills. I want to highlight a few of the bills signed by the Governor which might have particular interest on housing issues and other public policy issues.

SB 450 Higher Density Housing on Single Family Lots

This bill was authored by San Diego Democratic Sen. Toni Atkins to make some changes to one of the most controversial state housing laws in recent memory which became law in 2021. This previous legislation by Senator Atkins allowed California homeowners to divide their properties into as many as four separate units. That law was thought by some as ending single family zoning. However, few homeowners have used this new law and it is still too early to determine what impact it might ultimately have. This new legislation required local governments to approve applications quickly and preventing them from saddling these proposals with extra requirements.

The bill also includes language promoting it as a statewide solution to California’s shortage of housing which is an attempt to address a court ruling that these charter cities were exempted from this law.

The City of Santa Clarita was one of the opponents of SB 450 arguing that it was a continuation of the State taking away local authority over land use and adding to the burden on city planners.

Efforts to create denser housing and end single family zoning which has led to the growth in suburbs is seen by the proponents as the way to create more housing and make it more affordable. It remains to be sean if this, along with the numerous other housing mandates from Sacramento, will meet that goal.

SB 1395 Tiny Homes for homeless people

SB 1395 authored by Sen. Josh Becker, a Democrat from Menlo Park, would make it easier for cities and counties to quickly set up tiny homes for their homeless residents.

Currently traditional homeless shelters are frequently exempt from some of the planning restrictions that often slow down housing construction, including the California Environmental Quality Act. SB 1395 would expand these exemptions to include shelters that are “non-congregate and relocatable.” This fits the definition of Tiny Homes. In addition, this bill also extends cities’ ability to streamline the construction of homeless shelters, which would have expired in 2027.

There appeared to be little opposition. Interestingly Senator Becker had made a previous effort regarding Tiny Homes which was opposed because they were characterized as permanent housing even though they may lack kitchens, bathrooms and not meet standards for single family housing. SB 1395 made it clear that Tiny Homes covered by this bill are temporary shelters.

As homeless encampments continue to grow, the state and many cities are doubling down on Tiny Homes as a quick way to get people off the streets. There are approximately 2,000 statewide and