Introduced by __________ _
ORDINANCE NO ___ _
AN EXTENSION OF INTERIM URGENCY ORDINANCE OF THE CITY OF
PASADENA PERTAINING TO CONSTRUCTION OF MULTIPLE DWELLINGS ON SINGLE-FAMILY ZONED PARCELS PURSUANT TO SENATE BILL 9
WHEREAS, in September of 2020, the State Legislature enacted Senate Bill 9, Housing development: approvals ("SB 9"), which will take effect on January 1, 2022. In summary, SB 9 requires that local agencies must ministerially approve certain subdivisions of one single-family residential lot into two without discretionary review, and requires a local agency to ministerially approve a proposed two-unit development project on a lot in a single-family residential zone without discretionary review (whether the project is the building of two new units or adding a second one); and
WHEREAS, prior to the passage of SB 9, on August 26, 2021 the City of Pasadena submitted a letter in opposition to SB 9, noting that "Pasadena is acutely aware of the statewide housing crisis , and acknowledges that significant steps must be taken to address housing affordability." The letter also noted that the legislation was "being undertaken without serious study or consideration of the potential impacts related to traffic, greenhouse gas emissions, air quality, and other environmental factors." The City did not seek to undermine the entirety of SB 9 and its goals, but rather requested that the Legislature "consider 1 #RFXH1 K3Z0D284Jv1
accommodations or exemptions for good actors like Pasadena that would allow us to achieve the same worthy goals of this bill in a manner that is rooted in community participation and thoughtful planning principles." Despite the City's expressed opposition, the City is seeking to comply with SB 9; and WHEREAS, the California Environmental Quality Act does not apply ministerial actions, so any of the new lots and new construction undertaken pursuant to SB 9 would not be subject to environmental review ; and WHEREAS, pursuant to SB 9, local agencies may adopt objective standards for the mandatory, ministerial lot splits and two-unit development projects so that the standards take effect before January 1, 2022 . Pasadena must act quickly to address the numerous shortcomings of SB 9 through the adoption of such objective standards, as set forth in Exhibits 1-3; and WHEREAS, even with the adoption of the objective standards set forth in Exhibits 1-3, City staff needs adequate time to study the full impact of SB 9, to understand whether there may be additional objective standards warranted to offset the negative impacts of SB 9 and at the same time to achieve the purported Legislative goals of providing increased housing, particularly increased affordable housing, and to complete the public hearing process for potential Pasadena Municipal Code revisions ; and
WHEREAS, without holding a public hearing and as authorized by California Government Code Section 65858, on December 6, 2021, the City 2 #RFXH 1 K3Z0D284Jv1
Council considered, made findings in support of, and conducted first reading of an Interim Urgency Ordinance of the City of Pasadena Pertaining to Construction of Multiple Dwelling Units on Single-Family Zoned Parcels Pursuant to Senate Bill 9, and conducted second reading of the same on December 13, 2021; and
WHEREAS, on this date of January 10, 2021, the City Council held a duly noticed public hearing to consider an extension of said ordinance, and continues to find that the City of Pasadena's land use planning efforts to provide well thought-out high density residential housing in appropriate areas of the City can be undermined each time an SB 9 lot split and/or project is undertaken; and there is a current and immediate threat to public health, safety and welfare because without this urgency ordinance, unfettered SB 9 lot splits and/or projects could occur without consideration for the environmental and land use impacts thereof; and
WHEREAS, pursuant to California Government Code Section 65858, and in order to protect the public health, safety and welfare, the City Council may adopt, and extend for a specified time, as an urgency measure, an interim ordinance regulating any uses that may be in conflict with a contemplated general plan or zoning proposal that the City intends to study within a reasonable time.
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NOW THEREFORE, the People of the City of Pasadena ordain as follows:
SECTION 1. This ordinance, due to its length and the corresponding cost of publication, will be published by title and summary as permitted by Section 508 of the Pasadena City Charter. The approved summary of this ordinance is as follows:
"SUMMARY
Ordinance No. __ extends until December 11, 2022, objective standards applicable to mandatory, ministerial lot splits and two-unit development projects that may be undertaken pursuant to Senate Bill 9 (Housing development: approvals).
Ordinance No. ____ shall take effect upon publication ." SECTION 2. Pasadena Municipal Code, Title 17, Article 2, Chapter 17.22 (Residential Zoning Districts); Article 4, Chapter 17.40 (General Property Development and Use Standards); and Article 8, Chapter 17.80 (Glossary of Specialized Terms and Land Use Types) is amended as shown in Exhibit 1, attached hereto and incorporated by reference .
SECTION 3. Pasadena Municipal Code, Title 8, Chapter 8.52, Section
8.52.025 (Applicability) is amended as shown in Exhibit 2, attached hereto and incorporated by reference.
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SECTION 4. Pasadena Municipal Code, Title 16, Chapter 16.08, Section
16.08.240 (Urban Lot Split) is amended as shown in Exhibit 3, attached hereto and incorporated by reference.
SECTION 5. Unless extended pursuant to California Government Code Section 65858, the provisions of this ordinance shall expire on December 11, 2022.
SECTION 6. This ordinance is additional to and supplemental to, and shall not affect, except as specifically provided herein, any provision of the Pasadena Municipal Code, which shall be operative and remain in full force and effect without limitation with respect to all such land uses.
SECTION 7. The City Council hereby declares that, should any section, paragraph, sentence, phrase, term or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance irrespective of any such portion declared invalid.
SECTION 8. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary. 5 #RFXH1 K3Z0D284Jv1
SECTION 9. This ordinance shall take effect upon publication, and shall remain in effect until December 11, 2022, unless extended further in accordance with California Government Code Section 65858.
Signed and approved this _____ day of __________ _
2022.
Victor M. Gordo
Mayor of the City of Pasadena
I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City of Pasadena at its meeting held this ______ _ day of ________ , 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Date Published:
APPROVED AS TO FORM:
Isl Theresa Fuentes
Theresa E. Fuentes
Assistant City Attorney
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Mark Jomsky
City Clerk
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