Oppose SB 10; support CF 21-0002-S21

Oppose SB 10; support CF 21-0002-S21

Proposed by Chris Spitz/WRAC LUPC on January 18, 2021
Formally adopted by WRAC in February 2021 | Download the WRAC position letter

Passed by

  • Bel Air-Beverly Crest Neighborhood Council (modified version)
  • Brentwood Community Council
  • Mar Vista Community Council (modified version)
  • Neighborhood Council of Westchester/Playa
  • Pacific Palisades Community Council
  • West LA-Sawtelle Neighborhood Council
  • Westside Neighborhood Council (modified version)
  • Westwood Neighborhood Council

Motion

Refers to City Council file 21-0002-S21

See also WRAC Position Letter to Senate.

Whereas, Senate Bill 10 violates the California Constitution (Art. II, Sec. 10(c)) and principles of democracy and true local control by allowing local governments (i.e., a majority of the current or future City Council) to upzone single family residential properties and speed approval processes for increased density/multi-unit housing, without stakeholder involvement and by overriding community-driven local restrictions on adopting zoning ordinances, including restrictions enacted by voter initiatives;

Whereas, Senate Bill 10 violates the California Coastal Act (Public Resources Code §§30000 et seq.) by failing to exempt parcels within the Coastal zone and by allowing by-right/expedited approval of development projects with up to 10 dwelling units on properties that are upzoned under the bill, including projects within the Coastal zone which require discretionary review under the Coastal Act;

Whereas, Senate Bill 10 violates the California Environmental Quality Act (Public Resources Code §§ 21065 and 21080) and shortcuts required CEQA review by declaring preemptively that an ordinance by a local government (i.e., a majority of the current or future City Council) to upzone a single family residential property pursuant to the bill is not a “project” under CEQA, without consideration of whether the ordinance in a given case is “capable of causing a direct or reasonably foreseeable indirect change in the environment” (Union of Medical Marijuana Patients, Inc. v. City of San Diego (California Coastal Commission, Real Party in Interest), (2019) 7 Cal.5th 1171);

Whereas, Senate Bill 10 potentially compromises public safety and may put the lives and property of thousands of California residents in single family residential areas that are also in the Very High Fire Hazard Severity Zone (VHFHSZ) at risk from increased density by failing to provide for an unconditional exemption from upzoning under the bill for properties in the VHFHSZ;

Whereas, Senate Bill 10 prevents public scrutiny and bypasses democratic process by providing that state agencies alone, without local community input, would identify and maintain a controlling map of so-called “jobs-rich” areas throughout the state for purposes of upzoning single family residential properties under the bill;

Whereas, Senate Bill 10 circumvents controlling caselaw by, in effect, allowing for “spot zoning” by local governments (i.e., a majority of the current or future City Council) without consideration of whether upzoning a single family residential property would be of substantial benefit to the public in a given case (Foothills Communities Coalition v. County of Orange (2014) 222 Cal.App.4th 1302);

Whereas, Senate Bill 10 fails to address the state’s affordable housing crisis or to further the purported goal of “ensuring an adequate supply of affordable housing” by not requiring any particular amount or level of affordable (low to moderate income/workforce) housing in development projects to be built on properties that are upzoned under the bill;

Whereas, Councilmember Paul Koretz has introduced a resolution in Los Angeles City Council, CF 21-0002-S21, calling for the City of Los Angeles to oppose Senate Bill 10;

Therefore, the Westside Regional Alliance of Councils (WRAC) opposes Senate Bill 10 (Wiener) and supports the resolution in CF 21-0002-S21 (Koretz), calling for the City of Los Angeles City to oppose Senate Bill 10.

Background

See Background re SB 9 and 10.

Contact Chris Spitz with any questions.

Notes

Modified versions:

BABCNC:  CIS (board action 1/27/21)
MVCC:  CIS (board action 2/9/21)
WNC:  CIS (board action 1/14/21)

Status in Legislature:  SB 10 passed in both houses as of 8/30/21; awaiting Governor’s sign-off or veto.  See WRAC Position Letter submitted to Senate via legislature portal on 3/4/21.

Status in City Council:  CF 21-0002-S21 passed in City Council on 8/18/21; decision final on 8/31/21.  See WRAC Council File Submission.