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Livable California
Please lobby your Supervisors, Mayors, & Councilmembers to join the SB-9 Lawsuit!
Please lobby your County Supervisors, City Mayors, and City Councilmembers to join the Senate Bill 9 lawsuit. In addition, please ask them to support the Our Neighborhood Voices Initiative.
The lawsuit could roll back Senate Bill 9 and the Initiative, if successful, will amend the State Constitution to ensure zoning, land-use and development decisions are made at the local level and to stop the multitude of legislative bills, like SB-9, that seek to override municipal and county control over land-use and development.
Senate Bill 9 (Atkins) is a fundamentally flawed law that takes away local control of land use, streamlines the review of housing projects, endangers public health and safety, harms the environment, and ruins residents’ quality of life. In addition, Senate Bill 9 destroys single-family neighborhoods. This law was written to line the pockets of Big Wall Street Investment Firms, Big Real Estate, and Big Tech and does little to promote affordable housing. Indeed, there is absolutely no requirement for any affordable housing to be built in SB-9.
More specifically, Senate Bill 9 ends single-family zoning and requires local governments to “ministerially” approve and let property owners split single-family parcels (as small as 2400 sq. ft.) into two lots (each as small as 1200 sq. ft.) and then build duplexes on each lot. The result would be four homes, where there used to be only one. Side and rear setbacks are restricted to only four feet and off-street parking requirements are significantly reduced or eliminated.
“Ministerial approval” streamlines the permit process and eliminates discretionary review, environmental review in compliance with the California Environmental Quality Act (CEQA), and public hearings, thereby stifling public engagement, democracy, high-quality development, and environmental protections.
To understand the potential profound adverse consequences of Senate Bill 9, please click HERE to read my (Sharon Rushton’s) article entitled; “Misguided Housing Bill Bans Single-Family Zoning Forever: Here are SB-9’s nitty gritty details”. This analysis examines the fine print of the final version of Senate Bill 9 and sheds light on misinformation that mainstream media has propagated.
There are two lawsuits underway, which challenge the constitutionality of Senate Bill 9. One is for General Law Cities and the other is for Charter Law Cities.
DESCRIPTION OF GENERAL LAW CITIES VS. CHARTER LAW CITIES:
General Law Cities are bound by the State’s general laws, even with respect to municipal affairs (E.g. policing, elections, employees, land use, zoning, etc.). State laws will pre-empt city laws/rules based on a Statewide interest or concern.
Charter Law Cities are bound by a city’s charter and have supreme authority over municipal affairs. Under Article XI, Section 5 of the California state Constitution, the “home rule” doctrine for charter cities is found, and it specifically authorizes them to govern themselves, free from state intrusion, as to matters deemed “municipal affairs.” The Charter only needs to state the city intends to exercise its full power under the California Constitution over all municipal affairs. However, there is an exception when the State intends to occupy the field of regulation.
GENERAL LAW CITY SENATE BILL 9 LAWSUIT:
So far, two general law cities (Lakewood and Los Ranchos Verdes) have joined the General Law City SB-9 Lawsuit. No hearing date has been set yet, but it is expected to take place in late September 2023.
Basis of the General Law City SB-9 Lawsuit:
The basis of the General Law City SB-9 Lawsuit includes the following arguments:
- SB-9 is not reasonably related to a Statewide concern. SB-9 states; “SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.” However, nowhere in the text of SB-9 is there a reference to or requirement to make the new homes or lots subject to affordability covenants;
- SB-9 does not allow a city to address public health or safety concerns;
- SB-9 disrupts a city’s housing element and State housing laws;
- SB-9 excludes certain areas unevenly and unfairly; and
- SB-9 removes public engagement and lacks due process.
**Please click HERE to read the Press Release regarding the General Law City SB-9 Lawsuit.
**Please click HERE to read the Writ of Mandate and Complaint for the General Law City SB-9 Lawsuit.
CHARTER CITY SENATE BILL 9 LAWSUIT:
So far, four charter cities (Carson, Redondo Beach, Torrance, and Whittier) have joined the Charter City SB-9 Lawsuit. The hearing date is set for April 27, 2023.
In order for a State law to supersede a Charter City’s law that regulates an activity that can be characterized as a “municipal affair” (E.g. policing, elections, employees, land use, zoning, etc.), the State law must: address a matter of “statewide concern”; be reasonably related to a resolution of that “statewide concern”; and be “narrowly tailored” to avoid unnecessary interference in local governance. (Anderson v. City of San Jose (2019), 42 Cal.App.5th 683, 698–699 (review denied Mar. 11, 2020)
Basis of the Charter City SB-9 Lawsuit:
The basis of the Charter City SB-9 Lawsuit is similar to the General Law City Lawsuit and includes the following arguments:
- SB-9 is not reasonably related to a Statewide concern. SB-9 states; “SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.” However, nowhere in the text of SB-9 is there a reference to or requirement to make the new homes or lots subject to affordability covenants;
- SB-9 is not narrowly tailored to avoid unnecessary interference into local governance due to the following:
- SB-9 does not allow a city to address public health or safety concerns;
- SB-9 disrupts a city’s housing element and State housing laws;
- SB-9 excludes certain areas unevenly and unfairly; and
- SB-9 removes public engagement and lacks due process.
Please click HERE to read the Writ of Mandate and Complaint for the Charter City Lawsuit.
** Much of the above information about the SB-9 lawsuits was derived from a PowerPoint presentation given by Attorney Pam Lee with Aleshire & Wynder LLC entitled; “The SB-9 Legal Challenge”. Please click HERE to view a video of Attorney Lee’s presentation.
OUR NEIGHBORHOOD VOICES INITIATIVE
The Our Neighborhood Voices Initiative, if successful, will amend the State Constitution to ensure zoning, land-use and development decisions are made at the local level and to stop the multitude of legislative bills, like SB-9, that seek to override municipal and county control over land-use and development.
Please click HERE to learn more about the Our Neighborhood Voices Initiative.
TAKE ACTION!
Please send emails to your County Board of Supervisors, City Mayor, and City Councilmembers and urge them to participate in the SB-9 lawsuits as well as support the Our Neighborhood Voices Initiative.
For Marin residents, below is contact information for the Marin County Board of Supervisors and the Marin County Council of Mayors and Councilmembers (MCCMC).
Marin County Board of Supervisors:
- bos@marincounty.org
- dconnolly@marincounty.org
- smoultonpeters@marincounty.org
- krice@marincounty.org
- drodoni@marincounty.org
- jarnold@marincounty.org
Marin County Council of Mayors and Councilmembers (MCCMC):
Thank you in advance for taking action. Together we can make a difference!