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Golden Hill bungalow court, a long-successful form of affordable housing. Photo by Amie Hayes
Senate Housing Development Bills 9 & 10 Alert
November/December 2021
Many San Diegans are just becoming aware of the recently passed California Senate housing development bills SB9 and SB10. Signed by Governor Newsom, they were approved in mid-September and will go into effect January 1, 2022. In a nutshell: Senate Bill 9's intent is to eliminate single-family zoning, while SB10 also overrides single-family zoning plus gives participating cities the power to override local, voter-approved initiatives to develop higher-density housing.
A majority of California voters oppose both SB9 and SB10. Both bills have major consequences for historic conservation efforts statewide.
SB9 allows a single-family parcel, located within a single-family zone, to be divided in two (referred to as an urban lot split) as long as each lot retains at least 1,200 square feet. When paired with San Diego's Accessory Dwelling Unit (ADU) policy, four more units could be added, for a total of six, on what was originally a single-family parcel.
Fortunately, due to the efforts of a statewide coalition of preservation groups, in which SOHO played a strong role, SB9 was successfully amended to exempt historical resources and districts from the bill. A property owner could not split a lot under the ministerial provisions in the bill if the property meets the definition of a historical resource as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property, or district pursuant to a city or county ordinance.
Historically designated sites require that any modifications be consistent with the Secretary of the Interior's Standards. You can learn about the Standards HERE.
SB9 is authored by Senate President pro Tempore Toni Atkins, who lives in a designated home and is taking some criticism on this specific account. The protective carve-out for historic properties, however, is due entirely to the hard work and efforts of the historic preservation coalition and preservationist constituents across the entire state working with Senator Atkins and her office.
SB10, championed by Senator Scott Weiner gives municipalities the opportunity to adopt an ordinance allowing up to ten units on any parcel within a half-mile of a major transit stop or urban infill site. SOHO is particularly concerned that this bill is NOT subject to the California Environmental Quality Act (CEQA). Senator Weiner refused to provide any protections for historical resources, which means they could now all be threatened if this bill is adopted by the City of San Diego, or any other city in the county or state.
SB10 is poised to destroy the character of many California neighborhoods and the sense of place that provides both physical and mental health and quality of life. SB10 allows local governments to supersede voter-approved local land use policies. Legal challenges have already been filed noting that the bill is unconstitutional because of this.
What can you do? Right now, let your local representatives know, at every level and at every opportunity when you see them or their advisory staff, that these SB10 is unacceptable for San Diego. Nip this horrific idea in the bud, here and now.
If you are able to support SOHO's efforts as we challenge these tremendous threats, please donate to our advocacy fund HERE.
Text of Senate Bill 9 • Text of Senate Bill 10.
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