13.C
February 9, 2021
Council Meeting: February 9, 2021 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services Department
Date: February 9, 2021
13.C Request of Councilmembers Brock, Parra, and de la Torre that Council authorize the Mayor to sign a letter of opposition to SB 9 to be sent to Senator Atkins and direct staff to reinforce opposition to this bill through lobbying efforts in Sacramento.
Background
BACKGROUND AND DISCUSSION:
SB 9 would override local control over zoning codes, requiring cities to ministerially approve, without public input or consideration, two residential units as well as lot splits on all single-family parcels that meet specified criteria, primarily designed to prevent the demolition of existing affordable housing or displacement of moderate, low, or very-low income families or historic properties. The bill would exempt these approvals from the California Environmental Quality Act (CEQA), which was established to require the thoughtful consideration of development on the environment and infrastructure. The bill would also exempt a local government from being required to hold public hearings for coastal development permit applications under the California Coastal Act of 1976, which recognizes that there are unique zoning and land management requirements in coastal areas. Both of these state laws specifically require community participation and input; SB 9 would eliminate the currently required community participation and input. It is for these reasons that the City Council, representing our residents, should oppose this bill.
In the last legislative session, Senator Toni Atkins of San Diego wrote, and the state Legislature nearly passed SB 1120, which would require a proposed housing development that contains two residential units to be considered ministerially, without discretionary review or hearing, within a single-family zone, if the proposed housing meets certain requirements. At the start of the current legislative session, Senator Atkins introduced SB 9, which similarly circumvents local planning and zoning control and public input by requiring the ministerial approval of housing developments containing two residential units and lot splits without a public hearing. If enacted, SB 9 would undermine local land use authority by imposing state legislation on local government agencies and municipalities. The City Council should strongly oppose legislation that seeks to limit local land use authority.
Given this bill’s widespread impact on the City’s ability to review certain proposed housing developments, Councilmembers Brock, Parra, and de la Torre recommend the City Council authorize the Mayor to sign a letter to Senator Atkins opposing SB 9 as drafted, and direct staff to reinforce opposition to this bill through lobbying efforts in Sacramento.