A Legislative Challenge to Ballot-Box Planning in California

On March 7, Angelenos will vote on Measure S, which would enact a two-year moratorium on denser development. State legislation introduced on Feb. 16 would require a two-thirds vote for these types of slow growth ballot measures.

3 minute read

February 21, 2017, 9:00 AM PST

By Irvin Dawid


Smart growth advocates are advancing a tactic successfully used by anti-tax advocates who spearheaded Proposition 13 in 1978 which requires that local tax measures for specific purposes receive a supermajority to pass. The March 7 Measure S in the city of Los Angeles, aka the Neighborhood Integrity Initiative, was the inspiration for the legislation.

"Assembly Bill 943 [Land use regulations: local initiatives: voter approval] from Democratic Assemblyman Miguel Santiago increases the threshold from a simple majority to a two-thirds supermajority for passage of any local ballot measure that would block or delay development," reports Liam Dillon, who covers California state politics and policy for the Los Angeles Times.

If it passes, AB 943 wouldn’t take effect until next year and would not impact the results of the vote on Measure S. Still, Santiago said that ballot initiative, as well as the continued worsening of California’s housing affordability problems, spurred him to write the bill.

Proponents and Opponents

"The measure is sponsored by the California Apartment Association and supported by a broad coalition including the California Building Industry Association, the California Council on Affordable Housing, the California Building and Construction Trades Council, the Central City Association, the Downtown Women’s Center, the Valley Industry & Commerce Association and others," according to Santiago's press release.

"Dan Carrigg, legislative director for the League of California Cities, said AB 943 would take too much power away from voters over how their communities look and grow, and would instead favor development interests," reports Dillon. The league's official position on the bill at this time is "watch."

Should the bill become law, Carrigg suggests voters will have the last word by turning it into a referendum.

“Some voters may view this as something where the development community may be dictating what’s going on in their communities more than their own city council,” Carrigg said.

In addition, Carrigg suggests that the bill is written so broadly as to include other type of land regulations that would give legislators' pause to support it, and/or make it easier to challenge in a state-wide referendum.

Efforts to ban big-box retailers, force developers to set aside portions of their projects for low-income residents or implement rent control could all require a two-thirds vote under Santiago’s bill on the grounds they restrain development, he said.

Santiago dismisses those charges, stating that the bill targets "slow-growth measures that give too much power to opponents of development — often branded NIMBYs, for 'not in my backyard' — at the expense of those who need less costly housing," writes Dillon.

“I fully support local democracy,” Santiago said. “But NIMBYism on steroids is not something I will support when we’re trying to build affordable housing in California.”

Dillon provides data on the pervasiveness of growth-limiting measures adopted by California's coastal communities which are suffering the brunt of the state's housing shortage, and how they affect affordability by restricting residential development.

Keeping the 'micro' in micro-apartments

Santiago has written another bill to increase housing on the 'micro' level. AB 352: State Housing Law: efficiency units, also supported by the California Apartment Association, "would keep cities and counties from imposing unreasonable size and density limits on efficiency units, also known as micro apartments," writes Mike Nemeth for the Association.

Because of their small size, efficiency units are affordable by design and can help close California’s housing shortage. The efficiency units are often modular, built off-site and then brought to the property, where they are stacked on top of each other, making for a quick and cost-effective addition of housing.

Specifically, AB 352 would "would prohibit a city, county, or city and county from establishing a higher square footage requirement for efficiency units than the requirement in the International Building Code and from limiting the number of efficiency units below an unspecified number in certain locations near public transit or university campuses, as specified," according to the text as introduced on Feb. 8.

A 2015 Curbed New York article indicates that the IBC square footage requirement is to "require at least 220 square feet for an efficiency unit with two occupants and an additional 100 square feet for each additional occupant."

Thursday, February 16, 2017 in Los Angeles Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Concrete Brutalism building with slanted walls and light visible through an atrium.

What ‘The Brutalist’ Teaches Us About Modern Cities

How architecture and urban landscapes reflect the trauma and dysfunction of the post-war experience.

February 28, 2025 - Justin Hollander

Complete Street

‘Complete Streets’ Webpage Deleted in Federal Purge

Basic resources and information on building bike lanes and sidewalks, formerly housed on the government’s Complete Streets website, are now gone.

February 27, 2025 - Streetsblog USA

Green electric Volkswagen van against a beach backdrop.

The VW Bus is Back — Now as an Electric Minivan

Volkswagen’s ID. Buzz reimagines its iconic Bus as a fully electric minivan, blending retro design with modern technology, a 231-mile range, and practical versatility to offer a stylish yet functional EV for the future.

March 3, 2025 - ABC 7 Eyewitness News

View of mountains with large shrubs in foreground in Altadena, California.

Healing Through Parks: Altadena’s Path to Recovery After the Eaton Fire

In the wake of the Eaton Fire, Altadena is uniting to restore Loma Alta Park, creating a renewed space for recreation, community gathering, and resilience.

March 9 - Pasadena NOw

Aerial view of single-family homes with swimming pools in San Diego, California.

San Diego to Rescind Multi-Unit ADU Rule

The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.

March 9 - Axios

Close-up of row of electric cars plugged into chargers at outdoor station.

Electric Vehicles for All? Study Finds Disparities in Access and Incentives

A new UCLA study finds that while California has made progress in electric vehicle adoption, disadvantaged communities remain underserved in EV incentives, ownership, and charging access, requiring targeted policy changes to advance equity.

March 9 - UCLA Luskin Center for Innovation