Local officials are scrambling to prepare for a new state law that is likely to bring significant high-density housing to a neighborhood near you.
The new law — state Senate Bill 9 signed by Gov. Gavin Newsom on Sept. 16, two days after he fended off a recall election — essentially abolishes single-family zoing throughout California, and allows homeowners to split their lots into four units.
The law aims to force cities that have not built enough affordable housing to respond to the state’s chronic housing crisis. The impact is likely to be acute in coastal communities.
“The biggest concern is that SB 9 takes away some control over zoning decisions, opens the door for more development in single family-zoned neighborhoods, and doesn’t have an affordability requirement nor a prohibition on new units being used as vacation rentals,” Santa Barbara Mayor Cathy Murillo told Noozhawk.
The law goes into effect on Jan. 1. Essentially, it will allow homeowners to split their lots into duplexes, allowing up to four units, without local design review.
Although the city of Santa Barbara has long prided itself on its desire to build affordable housing, city officials believe SB 9 goes too far and strips cities of the ability — and responsibility — to design their own communities.
SB 9 proponents, however, say Santa Barbara and other local municipalities have not done enough to build affordable housing and address California’s residential shortage, so the law forces their hand.
Some cities are gearing up for a potential legal challenge to the law. So far, Santa Barbara is not among them.
“We are not anticipating challenging,” principal planner Dan Gullett said.
It remains unclear, he said, what specific impact SB 9 will have on the city.
“There are varying opinions on the likely effects of SB 9, and its potential use in the city are unknown at this time,” Gullett said. “We will be looking at it closer as we prepare our General Plan Housing Element update, which will need to be adopted in early 2023.”
He said the city will be working on a brochure, submittal requirements, and an internal review procedure for SB 9 projects.
“The city will likely want a local ordinance to clarify ambiguities in SB 9 and provide needed interpretation,” Gullett said, noting that the Legislature didn’t provide enough time for local jurisdictions to adequately address the new law before its effective date.
The law eliminates Single-Family Design Board review of projects, and requires objective design standards. The state has been pushing local jurisdictions to build more housing for several years.
Homeowners already can build accessory dwelling units, or ADUs, without design review. Also known as “granny units,” ADUs are typically one- or two-bedroom dwellings built on an existing residential property.
Santa Barbara currently has 116 pending ADUs, and 28 that have already been issued building permits.
The issue has also become a source of conversation for at least two City Council candidates — incumbent Councilwoman Kristen Sneddon and challenger Barrett Reed in District 4.
Both have concerns that their district’s neighborhoods could feel the brunt of the impact.
“SB 9 undoes all of our local planning and consideration of where increased densities can be best supported,” Sneddon said.
“If this effectively triples or quadruples our potential density citywide, I would say we have more than met any expectations of zoning to meet regional housing needs assessment numbers, and should reconsider the other incentives we have in place.”
She said the city has “carefully incentivized housing in our urban core and away from outlying hillsides and high-fire-hazard areas.”
“With everything we know about fires burning hotter and faster and longer, and the increased stress on our infrastructure of increased density in hillsides, we want to move increased density out of these sensitive areas and more toward downtown,” Sneddon said.
Her opponent, Reed, said the city needs to be more aggressive in fighting the new law, rather than just accepting it.
“SB 9 threatens the future of our beautiful city,” he said. “SB 9 is not a solution. It’s a horrible idea that in the end will make housing less affordable and destroy the charm and character of our special neighborhoods.
“As a local real estate professional, I will work to block this measure and protect our city.”
Reed said he is in favor of putting a statewide initiative on the ballot to overturn the law, or fight it in the courts.
“We have to take action now,” he said.
Reed, who also sits on the Planning Commission, said the city does have some say.
“We can stop these projects by making a finding that the proposed project would have a ‘specific, adverse impact’ on ‘public health and safety or the physical environment,’ and there are no feasible and satisfactory mitigation options,” he said.
“The time is now to be proactive in creating bulletproof rules. We cannot wait.”
Murillo said the city is still looking at its options.
“Overall, we need to build more affordable housing in places where it makes sense: infill development and walkable, sustainable projects,” she said.
“Lack of housing is at the root of so many of our challenges, the first being homelessness,” Murillo said. “But housing insecurity contributes to children doing poorly in school, it leads to domestic violence, and the most obvious is the pollution caused by daily commutes, and a loss of quality of life, because people can’t live near their jobs.”
— Noozhawk staff writer Joshua Molina can be reached at jmolina@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
