Judge's Ruling Deals Blow to California's Zoning Reform Law

Five California cities have won a lawsuit against the state over SB 9, a law passed in 2021 that effectively abolished single family zoning statewide.

2 minute read

April 29, 2024, 6:00 AM PDT

By Mary Hammon @marykhammon


A Los Angeles County judge has ruled that the California law abolishing single-family zoning across the state is unconstitutional. Passed in 2021, SB 9 allowed single-family homeowners to split their lots in two and build a home on each or convert their homes to duplexes, regardless of local zoning. The ruling means SB 9 now cannot be applied in any of the five Southern California cities — Redondo Beach, Carson, Torrance, Whittier, and Del Mar — that sued the state, and the judge is expected to produce a ruling next month that will strike down the law statewide, reports Kate Talerico for the Marin Independent Journal.

“At the heart of the case is local authority and what gives the state the right to interfere. In California, the constitution requires that state laws impeding cities’ local control must demonstrate a reasonable relationship between the legislature’s stated intention and the design of the law,” Talerico writes. The stated intention for SB 9 was improving housing affordability, but the judge ruled that the legislature’s intention doesn’t match up with the design of the law because the law doesn’t require any of the resulting units to be priced below market rate.

Advocates for local authority over land use and zoning consider the ruling a big win. Housing advocates say the judge’s definition of housing affordability was extremely narrow. Talerico reports that a simple clean-up bill to SB 9, like the one proposed in the legislature last year, could “render the Los Angeles court’s decision moot.”

Friday, April 26, 2024 in Marin Independent Journal

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

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

15 minutes ago - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

2 hours ago - The Washington Post

Bird's eye view of studio apartment design.

In These Cities, Most New Housing is Under 441 Square Feet

With loosened restrictions on “micro-housing,” tiny units now make up as much as 66% of newly constructed housing.

4 hours ago - Smart Cities Dive