Planning Commission to Consider Amending Zoning Code to Comply With SB 9 Urgency Ordinance

The Planning Commission on Wednesday will hear and vote on a recommendation to amend Pasadena’s Zoning Code to conform with the provisions of an Urgency Ordinance adopted by the City Council on December 13  in response to a California bill pertaining to the construction of multiple dwellings on single-family zoned parcels.

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. Among other things, the bill requires that a local jurisdiction, such as the City of Pasadena, “must ministerially approve” certain subdivisions of one single-family residential lot into two, without discretionary review.

The city’s December urgency ordinance prohibits the application of SB 9 to any parts of the city designated as a “landmark district.”

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, and said the City should repeal or amend the ordinance within 30 days.

Gordo later pushed back, saying he does not agree with Bonta’s reading of SB-9 and that the Attorney General had “simply got it wrong.”

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.

At the same time, it would also ensure that potential development is consistent with the goals, policies and objectives of the City, as outlined in Pasadena’s Land Use Element and Housing Element, the Planning Department said.

SB 9 mandates local agencies must approve certain subdivisions of one single-family residential lot into two without discretionary review and requires local agencies approve proposed two-unit development projects on lots in a single-family residential zone without discretionary review.

Critics of SB 9 claim the bill will lead to the destruction of single-family housing.

But according to Bonta, SB 9 does not exempt landmark districts — it exempts only specific landmarks, historic properties, or historic districts.

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

Bonta also said Pasadena’s criteria for designating areas “landmark districts” are extremely broad and untethered to historic resources so as to potentially encompass large swaths of the City.

Bonta called on the city to repeal or amend its ordinance to comply with the new state law within 30 days. He did not list any repercussions for failing to comply with the letter.

In response, Mayor Gordo wrote Bonta and said the “allegations that Pasadena violated SB 9 by excluding its landmark districts from SB 9 are wrong, as supported by the statute and legislative history.”

In the letter, Gordo said SB 9 allows four units on every single family residential parcel in Pasadena, with limited exceptions. The bill, he added, does not require any of the new structures to be within the definition of “affordable housing.”

“So, for no affordable housing, we now will get increased traffic, more demands on our infrastructure, higher property costs, and the destruction of our neighborhoods as we’ve known them,” Gordo’s response said.

Gordo’s response was accompanied by a letter from City Attorney Michele Beal Bagneris explaining the City of Pasadena does not intend to violate SB 9 and that the Urgency Ordinance was intended to set forth the required findings to implement SB 9. Bagneris added that the City “will consider adopting a regular ordinance to replace the urgency ordinance.”

“The City has complied with the Housing Crisis Act, and there is no intention to establish a citywide historic district, or take other steps to evade compliance with state law,” Bagneris wrote.