HomeMy WebLinkAboutSB 1037 (Wiener) Planning and zoning - housing element enforcement - Letter of OPPOSITIONCity of San Luis Obispo, Office of the City Council, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114,
slocity.org
May 13, 2024
The Honorable John Laird
Member, California State Senate
1021 O St., Ste. 5350
Sacramento, CA 95814
RE: SB 1037 (Wiener) Planning and zoning: housing element: enforcement
Notice of Opposition (As of April 25, 2024)
Dear Senator Laird,
The City of San Luis Obispo regretfully must oppose measure SB 1037 (Wiener), which would allow
the Attorney General to take legal action against a city and seek fines up to $50K a month for failure
to adopt a compliant housing element or if the city does not follow state laws that require ministerial
approval of certain housing projects.
Under existing law cities can be subject to significant fines and penalties for violating certain housing
laws. However, before fines are imposed, a city has the ability to correct the action. Additionally,
enhanced fines are not imposed unless the city fails to follow a court’s order or acts in bad faith.
Unfortunately, as currently drafted, SB 1037 does not provide an opportunity for cities to correct an
honest mistake or address a genuine difference in interpreting the law. Even those jurisdictions acting
in good faith could be subject to significant fines and be required to pay the Attorney General for all
costs investigating and prosecuting the action, including expert witness fees and attorney’s fees.
Supporting the expansion of housing options for all is one of the City of San Luis Obispo’s Major City
Goals. Our priority is to facilitate the production of housing, including the necessary supporting
infrastructure, with an emphasis on affordable and workforce housing as well as accessibly
connected development. The City has made great progress on this and was one of 37 communities
recently recognized by the State of California as a “Prohousing” community. That being said, laws
and developments are complex which can occasionally lead to setbacks in implementation. We
always work to address issues when they arise, but fining the City money, which could be used for
actual housing policy changes or housing production, is not an effective tool and could be detrimental
to our efforts to continue to encourage housing in the community.
Instead of creating new fines and penalties, lawmakers and the Department of Housing and
Community Development should provide cities with clear guidance and technical assistance to help
them finalize their housing elements and put those plans to work so much-needed housing
construction can occur.
For these reasons, the City of San Luis Obispo must oppose SB 1037.
Sincerely,
Erica A. Stewart
Mayor
City of San Luis Obispo
Cc: The Honorable Scott Wiener
Assemblymember Dawn Addis
Dave Mullinex, League of California Cities
League of California Cities, cityletters@calcities.org