Five Southern California charter cities need not worry about lot splitting in their single-family zoned neighborhoods thanks to a Los Angeles County superior court ruling on April 22. Depending on a forthcoming ruling, 120 cities may join them.
“A controversial housing law that abolished single-family zoning across California has been ruled unconstitutional by a Los Angeles County judge — but the narrow ruling is likely to be appealed by the state, and it’s unclear how it might ultimately affect the Bay Area,” reported Kate Talerico for The Mercury News on April 25 in a 'subscriber-only' article. [Other articles without paywalls are linked in this post.]
- See Planetizen's legislative tag for Senate Bill (SB) 9.
- Recommended: The End of Single-Family Zoning in California, September 19, 2021.
“Five Southern California cities — Redondo Beach, Carson, Torrance, Whittier and Del Mar — sued the state in 2022, claiming the law was unconstitutional because it interfered with local authority over land use and zoning,” adds Talerico. [See 'Related' posts on the lawsuit below this post.]
The Los Angeles County Superior Court judge’s ruling [pdf], issued Monday, means that SB 9 can’t be applied in these five cities. The judge is expected to produce a ruling in the next month that could strike down SB 9 in cities across the state.
Charter cities only
“Note that this only affects California cities that are 'charter cities',” writes Bob Silvestri, editor of The Marin [County] Post in blog post on April 26. “It does not affect 'general law' cities or county governments.”
Silvestri goes on to distinguish charter from general law cities in his post based on a fact sheet [pdf] prepared by the League of California Cities’ legal staff.
The nonprofit group had “filed an amicus brief [pdf] in the case, arguing land use and zoning regulations are municipal affairs and that SB 9 deprived charter cities of their home rule authority,” wrote their general counsel, Sheri Chapman, on April 26. “Over 240 cities opposed the bill when lawmakers sent it to Gov. Gavin Newsom in 2021.”
According to Wikipedia, “[a]s of January 21, 2020, 125 of California's 478 cities are charter cities.”
Additional reading on the April 22 ruling:
- Press release by the law firm representing the plaintiffs, Aleshire & Wynder, LLP, April 24. Additional release with document links.
- Court ruling deals blow to housing law on split lots, Palo Alto online, April 25.
- LA judge rules SB 9 unconstitutional in lawsuit brought by SoCal cities, The Coast News, April 25.
Additional related post (to those below this post): Are Charter Cities Subject to California's Housing Laws? January 24, 2020
FULL STORY: Court strikes down controversial California law abolishing single-family zoning
California Cities Continue Fight Against State Preemption
Lafayette City Council Member Susan Candell penned an op-ed in support of a lawsuit to invalidate Senate Bill 9 by four Southern California cities, highlighting a recent supportive court filing by UCLA economic geographer Michael Storper.
More SB 9 Drama: L.A. County Cities Sue California
Four Southern California cities are calling SB9 unconstitutional in the fight to retain local control over zoning codes and housing density.
San Jose Declines To Join Lawsuit Against State Zoning Law
A San Jose City Council committee rejected a motion to join other cities in opposing Senate Bill 9, which permits lot subdivision in an effort to boost housing affordability.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
San Francisco's School District Spent $105M To Build Affordable Housing for Teachers — And That's Just the Beginning
SFUSD joins a growing list of school districts using their land holdings to address housing affordability challenges faced by their own employees.
The Tiny, Adorable $7,000 Car Turning Japan Onto EVs
The single seat Mibot charges from a regular plug as quickly as an iPad, and is about half the price of an average EV.
As Trump Phases Out FEMA, Is It Time to Flee the Floodplains?
With less federal funding available for disaster relief efforts, the need to relocate at-risk communities is more urgent than ever.
With Protected Lanes, 460% More People Commute by Bike
For those needing more ammo, more data proving what we already knew is here.
In More Metros Than You’d Think, Suburbs are Now More Expensive Than the City
If you're moving to the burbs to save on square footage, data shows you should think again.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Smith Gee Studio
City of Charlotte
City of Camden Redevelopment Agency
City of Astoria
Transportation Research & Education Center (TREC) at Portland State University
US High Speed Rail Association
City of Camden Redevelopment Agency
Municipality of Princeton (NJ)