Sacramento Report — Local Governments Rush to Curtail Increased Housing Density in Single-Family Zoned Areas

Local Governments Rush to Curtail Increased Housing Density in Single-Family Zoned Areas

By ron Kingston

Earlier this year, housing advocates for denser housing construction in existing single family zoned areas scored a big victory when Governor Newsom signed a bill that will make it easier to build additional housing in existing neighborhoods. That bill makes it much easier to receive a lot split which will allow second units to be added on properties and the conversion of homes into duplexes.

The bill, SB 9 (Atkins), could facilitate the building of hundreds of thousands of homes by allowing up to four units on properties that had previously just had one. The law takes effect January 1, 2022, and cities across the state have been ramping up efforts to address concerns before the end of the year, adopting ordinances to limit the law’s impact in their communities.

Los Altos Hills, which maintains a standard of a one-acre minimum lot size to “preserve” the simi-rural nature where the homes sell for millions of dollars, recently adopted an urgency ordinance that restricts the type of housing that a property owner can construct if they split their lot. The ordinance lays out design regulations that must be followed if they are applied objectively. Local officials argue it is necessary to protect the safety and priorities of their community. Critics argue that it is a significant loophole that cities are exploiting.

Some observe that the “loophole” is being investigated by more than a dozen other cities, from Sonoma to Redondo Beach. It is argued that cities are rushing to adopt ordinances and undermining the new law by creating obstacles to building new housing that do not exist for other developments.

California YIMBY (Yes In My Back Yard) observes: “We’re seeing once again an example where many local governments seem more interested in using their local control to exclude people… the Legislature did leave cities discretion under SB 9 and they’re abusing it.”

Others believe that actions like those by the city of Los Altos Hills is leading to a rapidly escalating showdown between the state and local governments over housing policy.

The State Legislature passed dozens of bills to boost housing production. Many of those bills, like SB 9, often remove the ability of cities to block certain housing development proposals and recently launched new administrative units to enforce those rules. Those laws frustrate local governments and homeowners who say they are being unfairly targeted for a problem caused by difficult rules and the high financial costs of new development. We sincerely doubt the high costs of development are not being driven by local government requirements.

Senator Atkins intention with SB 9 was to be a compromise following years of unbelievable legislative fights over proposals to increase housing density. By placing additional dwelling units into existing neighborhoods, instead of building large apartment developments, the Senator argued that her bill was a far more modest and equitable approach to housing density which would bring less expensive housing into existing communities.

Suburban homeowner groups would have nothing to do with the suggestion that the bill was modest in nature.

Under the new law, locals will have to approve applications for lot splits and at least two units on each property if the project meets size requirements and local design standards, are not in historic and environmentally sensitive districts, and do not require the demolition of rental housing that is rent controlled or has been occupied by tenants over the past three years.

SB 9 also allows cities and counties to have and enforce local design standards.

Several local governments are planning to adopt emergency ordinances this month, which will buy time before adopting permanent design requirements next year.

According to Pasadena Now, one planning commissioner in the city of Pasadena has proposed to create several historic districts throughout the city as an attempt to exempt the entire city from the provisions of the law.

Stay tuned, as SB 9 will continue to draw attention and challenges by local governments that are looking to maintain control over land use and housing decision making.

Ron Kingston is President of California Strategic Advisors and Legislative Advocate for the Apartment Association of Orange County. For questions regarding this article, please call AAOC at (714) 245-9500.