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| SB 828 | |
|---|---|
| Title | SB 828 |
| Introduced | 2023 |
| Jurisdiction | California |
| Author | Senator Dave Cortese |
| Status | Enacted |
| Enacted | 2024 |
| Keywords | housing, zoning, density, accessory dwelling units |
SB 828
SB 828 is a 2023–2024 California legislative measure authored by Senator Dave Cortese that amended state law to alter zoning and housing regulations, with the stated aim of increasing residential density by facilitating accessory dwelling units and multitenant projects. The bill intersected with debates involving municipal prerogative, local government control, environmental review under the California Environmental Quality Act, and statewide housing goals promoted by agencies such as the California Department of Housing and Community Development and the Governor of California. SB 828 became a focal point in statewide discussions among legislators, advocacy groups, and municipal officials during the 2024 legislative session.
SB 828 emerged amid California’s long-standing housing crisis and after earlier measures such as SB 9 (2021), AB 2011 (2022), and SB 35 (2017) sought to streamline housing approvals and increase density. The bill drew on policy proposals from the YIMBY movement and critiques from planning scholars at institutions like the Terner Center for Housing Innovation and UCLA Luskin School of Public Affairs. Its drafting referenced state housing laws including the Housing Accountability Act and the Regional Housing Needs Allocation process administered by the California Department of Housing and Community Development. The measure was introduced in the California State Senate and referred to committees including Senate Housing Committee and Senate Governance and Finance Committee before floor consideration.
SB 828 amended provisions of the California Government Code and related statutes to expand ministerial approvals and limit discretionary review for certain residential developments. Key elements included: allowances for conversion of single-family parcels for multiple units similar to provisions in SB 9 (2021); presumptions favoring accessory dwelling units consistent with standards in AB 68 (2019) and AB 881 (2019); modified thresholds for environmental exemption under California Environmental Quality Act categories related to infill and accessory dwelling units; and procedural timelines reflecting reforms previously advanced in SB 35 (2017). The bill also delineated local objective standards, referencing model ordinances from the Southern California Association of Governments and the Metropolitan Transportation Commission.
SB 828 proceeded through committee hearings that featured testimony from local officials, developers, and advocacy organizations; hearings were held in venues such as the State Capitol (Sacramento) and committee rooms of the California State Legislature. The measure passed the California State Senate and was amended in the California State Assembly before final concurrence. Roll-call votes recorded support from legislators aligned with housing reform, including members of the California Legislative Progressive Caucus and proponents of transit-oriented development, while opposition came from representatives associated with the League of California Cities and some suburban and rural delegations. The bill received a gubernatorial signature from the Governor of California in 2024 after negotiated amendments.
Supporters of SB 828 included statewide housing advocacy organizations such as YIMBY Action, affordable housing developers linked to Enterprise Community Partners and Mercy Housing, and research groups like the Terner Center for Housing Innovation. They argued alignment with statewide objectives set by Senate Bill 375 and the Regional Housing Needs Allocation to address affordability and emissions reductions. Opponents included municipal associations such as the League of California Cities, neighborhood groups backed by figures associated with the Californians for Homeownership coalition, and some environmental justice advocates referencing cases involving CEQA protections. Labor organizations, including affiliates of the California Labor Federation, split with trade union chapters supporting prevailing wage or local hire conditions and others raising concerns about displacement.
Analyses of SB 828 by policy think tanks and academic centers at UCLA, UC Berkeley’s Terner Center, and the Public Policy Institute of California projected impacts on housing supply, affordability, and transit ridership. Model-based estimates suggested incremental increases in accessory dwelling unit production similar to outcomes observed after enactment of AB 68 (2019) and SB 9 (2021), with greater effects in high-opportunity jurisdictions such as Los Angeles County, Santa Clara County, and San Francisco County. Critics cited potential for localized displacement in gentrifying neighborhoods like Oakland’s Fruitvale District and San Jose’s central neighborhoods, referencing displacement analyses used in studies of gentrification in San Francisco Bay Area cities. Legal scholars debated preemption questions vis-à-vis the Tenth Amendment analogue in state-local relations and substantive due process claims under precedents such as Yee v. City of Escondido in land use litigation.
Implementation responsibilities fell to local planning departments in jurisdictions across California, including staff in cities like San Diego, Sacramento, San Jose, and Oakland. The California Department of Housing and Community Development issued guidance memos and technical assistance to reconcile objective standards, ministerial approval procedures, and CEQA determinations. Enforcement mechanisms involved state oversight through housing element compliance reviews and potential judicial remedies via writ petitions filed in California superior courts. Fiscal impacts prompted adjustments to fee schedules and permit processing systems in county and city planning offices, and monitoring by regional entities such as the Association of Bay Area Governments and the Southern California Association of Governments.
Category:California legislation