Chris Parker / December 6, 2021
City Council motion instructs departments to issue memo by Dec. 31 that will explain who can use SB9 for more housing … and who can’t
As expected, the Los Angeles City Council has instructed key city departments to develop and issue a memo before the end of the year that will significantly limit the neighborhoods and parcels that can take advantage of Senate Bill 9, the landmark state law that was passed in September to create more housing across California.
The motion from councilmen Paul Koretz and Bob Blumenfield (which was seconded by councilwoman Nithya Raman) instructs City Planning to work with Building & Safety and the City Attorney’s Office to issue a memorandum by Dec. 31 that will regulate possible SB9 projects until a full implementation ordinance can be developed and approved by the City Council.
SB9 is intended to allow property owners across the state to convert single-family zoned lots into as many as 4 dwelling units by splitting their lot and/or adding a second dwelling unit to the lot(s). All of this is supposed to be approved administratively, according to the law.
However, the new law has caveats which allow local municipalities to exempt certain areas from being eligible for the extra housing that SB9 allows. For example, SB9 says that Coastal areas, historic areas and/or areas where there is a life/safety concern may be exempted.
And that’s what the councilmembers’ motion does. The motion includes instructions on several issues that – when implemented – will limit which property owners can take advantage of the state law.
For example, the motion instructs city staff to shape the implementation memo to:
1) Provide objective standards for specified geography to maintain unique needs for lot design and midpoint width, parking, limits on total dwelling units on substandard streets, and required yard setbacks (front, side and rear).
2) Develop criteria on changes in grade, adjustments to building pads, hauling, private streets providing frontage and access for parcels other than those created by lot splits, and the removal of protected and desirable trees without replacement; and
3) Specify exemptions from SB9 for high-fire hazard severity zones, protected species’ habitats, horse keeping, substandard roadways, and/or other geographic areas that would result in a specific, adverse impact.
The council received dozens of letters in support of this motion, many of whom said they live in Historic Preservation Overlay Areas that would be negatively impacted if SB9 were to be implemented in Los Angeles as written.
The city’s implementation memo will be released by Dec. 31 so that it can be implemented on Jan. 1. The council also instructed the departments to put together a working group after the new year to develop a more comprehensive ordinance that will codify the changes brought on by SB9.
