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Planning Commission Approves Zoning Code Amendments that Would Exempt Landmark Districts from SB 9 Application

Published on Thursday, April 14, 2022 | 5:50 am
 

The Planning Commission unanimously approved proposed zoning code amendments that would, among other things, prohibit the application of SB 9 on the properties within the city’s landmark districts.

SB 9, also known as the California Housing Opportunity and More Efficiency (HOME) Act, was signed by Gov. Gavin Newsom in 2021 and took effect in January.

It requires local agencies to 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.

On December 13, the City Council adopted an interim urgency ordinance which imposed development standards for the construction of multiple primary dwellings (duplexes) on single- family zoned properties.

“The reason we adopted an urgency ordinance in the first instance was because the governor signed into law SB 19 mid-September with an effective date of January 1st, giving us no time to do the outreach and the normal process we should go through,” Planning and Community Development Department Director David Reyes said. “What we are presenting is the same ordinance that was adopted by the City Council.”

The ordinance, which is effective until December 12, specifies that the sites within historic districts, landmark districts and individually designated historic landmark districts are excluded from the provisions of SB 9. Among other things, the ordinance also prohibits short-term rental of duplex units developed pursuant to SB 9.

In recommending adoption of provisions of the urgency measure into the Pasadena Zoning Code, the Department of Planning and Community Development said the amendment would ensure compliance with the provisions of SB 9 and with the goals, policies and objectives of the City, as outlined in Pasadena’s Land Use Element and Housing Element.

“We’re in support. I think this is straightforward and it is allowed under SB9,” Pasadena Heritage’s Andrew Salimian remarked.

“It’s going to make everything easier, faster and more straightforward so I support it,” Nina Chomsky said.

On March 15, California Attorney General Rob Bonta sent Pasadena Mayor Victor Gordo a “Notice of Violation” saying Pasadena violated SB 9 by adopting the urgency ordinance. According to Bonta, SB 9 does not exempt landmark districts — it exempts only specific landmarks, historic properties, or historic districts.

Mayor Victor Gordo earlier said he does not agree with Bonta’s reading of SB-9 and that the Attorney General had “simply got it wrong.”

Pasadena currently has 23 designated landmark districts as well as 20 historic districts listed in the National Register of Historic Places.

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