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CC - ACTION ITEM: (1) Discussion and, if Desired, Recommendation of a City Council Position on SB 79 and/or AB 609 Regarding Housing Development; and (2) Direction to Distribute the City’s Position Letter(s) to State Legislators.
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Meeting Date: May 27, 2025
Contact Person/Dept.: Shelly Wolfberg/City Manager’s Office
Phone Number: (310) 253-6000
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [ ]
Attachments: Yes [X] No [ ]
Public Notification: (E-Mail) Meetings and Agendas - City Council (05/22/2025)
Department Approval: Jesse Mays, Assistant City Manager (05/21/2025)
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RECOMMENDATION
Staff recommends the City Council (1) discuss and, if desired, recommend a position statement on SB 79 and/or AB 609; and (2) direct the distribution of the City’s position letter(s) to state legislators.
BACKGROUND/DISCUSSION
At the March 17, 2025 City Council Meeting, Council Member Fish discussed supporting state legislation to increase housing capacity across California, and he received consensus from Vice Mayor Puza and Council Member McMorrin to agendize consideration of support for SB 79 (Wiener) Local government land: public transit use: housing development: transit-oriented development. As amended on May 13, 2025. (Attachment 1) Additionally, staff is seeking input regarding AB 609 (Wicks) California Environmental Quality Act: exemption: housing development projects. As Amended on May 5, 2025. (Attachment 2)
According to the City’s Legislative and Policy Platform (Platform) adopted by the City Council on November 11, 2024, if the potential City Council position poses a conflict between two or more Platform goals or those of City departments, staff will bring the item to the City Council for direction. These bills would streamline the housing approval process, which is consistent with the City’s housing goals. However, one of the Platform’s Guiding Principles is to “preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority.” The relevant Culver City Legislative and Policy Statements are as follows: 1) Allow local government to make decisions regarding housing density levels; and 2) Increase funding and programs to provide housing and supportive services to homeless individuals.
SB 79 (Wiener) Local government land: public transit use: housing development: transit-oriented development. As amended on May 13, 2025.
SB 79 would (1) make certain transit-oriented development (TOD) projects an allowable use on specified sites, (2) exempt certain property supporting transit operations from the Surplus Land Act (SLA), and (3) exempt specified projects from the California Environmental Quality Act (CEQA). Additional background and details about SB79, provided by the Senate Committee on Appropriations, are attached (Attachment 3).
At the May 19, 2025 Senate Appropriations Committee Meeting, SB 79 was placed on the Appropriations Suspense File.
AB 609 (Wicks) California Environmental Quality Act: exemption: housing development projects. As Amended on May 5, 2025.
AB 609 establishes a California Environmental Quality Act (CEQA) exemption for housing projects on sites up to 20 acres, which are on or adjoining current or former urban uses, and within an incorporated city or town of any population, or an unincorporated community with at least 5,000 residents or 2,000 housing units. Additional background and details about AB609 are attached (Attachment 4).
On May 19, 2025, AB 609 was read for the third time, passed, and ordered to the Senate.
Other Westside Cities Positions on SB 79 and AB 609
Currently, SB 79 is supported by the Cities of Santa Monica and West Hollywood. If applicable, City staff will report on any additional positions on SB 79 and AB 609 at the City Council Meeting.
Next Steps
If the City Council adopts a position on SB 79 and/or AB 609, City staff will transmit the City Council’s positions to the bills’ authors and legislative committee members who will be considering the approval of these bills. As appropriate, staff will track these bills and advocate for it throughout the legislative process. If SB 79 and/or AB 609 are significantly modified as it moves through the legislature, staff will consider the appropriateness of providing the City’s letter of support.
FISCAL ANALYSIS
There is no fiscal impact associated with the decision on whether or not to adopt and distribute position letters in support of SB 79 and/or AB 609. The fiscal impacts of SB 79 are unknown at this time but will not be reimbursable by the state-. Local agencies could potentially recover costs through planning and permitting fees. Additionally, the implementation of one or both these bills, which would result in more housing and a larger population, could impact City services and infrastructure.
ATTACHMENTS
1. 2025-05-27__ATT__SB 79, as amended on May 13, 2025, Wiener. Local government land: public transit use: housing development: transit-oriented development.
2. 2025-05-27__ATT__AB 609, as amended May 5, 2025, Wicks. California Environmental Quality Act: exemption: housing development projects.
3. 2025-05-27_ATT_SB79_Appropriations_Committee_Fiscal_Summary
4. 2025-05-27_ATT_AB609_Bill_Third_Reading_Analysis
MOTIONS
That the City Council:
1. Adopt a position on SB 79, if desired and/or
2. Adopt a position AB 609, if desired; and
3. Direct the distribution of position letters for SB 79 and/or AB 609; and/or
4. Provide other direction to the City Manager as deemed appropriate regarding SB 79 and/or AB 609.