Oppose SB 9; support CF 21-0002-S18

Oppose SB 9; support CF 21-0002-S18

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 (modified version)
  • West LA-Sawtelle Neighborhood Council
  • Westside Neighborhood Council (modified version)
  • Westwood Neighborhood Council

Motion

Refers to City Council file 21-0002-S18

See also WRAC Position Letter to Senate.

Whereas, Senate Bill 9 violates the California Coastal Act (Public Resources Code §§30000 et seq.) by failing to exempt parcels within the Coastal zone, by purporting to eliminate hearings for Coastal Development Permits, and by requiring by-right/expedited approval of all projects permitted under the bill, including projects within the Coastal zone which otherwise require discretionary review, including hearings, under the Coastal Act;

Whereas, Senate Bill 9 violates the California Environmental Quality Act (Public Resources Code §§ 21065 and 21080) and shortcuts required CEQA review by declaring preemptively that a project permitted under the bill is not a “project” under CEQA, without regard to the test established by controlling caselaw, that is, 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 9 compromises public safety and puts the lives and property of thousands of California residents in the Very High Fire Hazard Severity Zone (VHFHSZ) at risk from increased density by failing to provide any exemption for parcels within the VHFHSZ;

Whereas, Senate Bill 9 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 specifying or requiring any particular amount or level of affordable housing (low to moderate income/workforce housing) in projects permitted pursuant to the bill;

Whereas, Councilmember Paul Koretz has introduced a resolution in Los Angeles City Council, CF 21-0002-S18, calling for the City of Los Angeles to oppose Senate Bill 9;

Therefore, the Westside Regional Alliance of Councils (WRAC) opposes Senate Bill 9 (Atkins) and supports the resolution in CF 21-0002-S18 (Koretz) calling for the City of Los Angeles to oppose Senate Bill 9.

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)
PPCC:  Motion (board action 1/28/21)
WNC:  CIS (board action 1/14/21)

Status in Legislature:  SB 9 pending in Senate; passed in Housing and Governance & Finance Cmtees; next in Appropriations (hearing 5/10/21).  WRAC Position Letter submitted to Senate vial legislature portal on 3/4/21.

Status in City Council:  CF 21-0002-S18 referred to Rules, Elections, and Intergovernmental Relations Committee on 12/15/20; see Legislative Analyst’s Report (recommendation: adopt the resolution; bill violates principles of local control/”home rule”; does not provide for any affordable housing).  See also WRAC Council File Submission.