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***CITY LETTERHEAD***
DATE
The Honorable Toni Atkins
President pro Tempore, California State Senate
State Capitol Building, Room 205
Sacramento, CA 95814
RE: SB 9 (Atkins) Increased Density in Single-Family Zones
Oppose Unless Amended (As Introduced 12/7/2020)
Dear Senate President pro Tempore Atkins,
The City/Town of __________ writes to express an Oppose Unless Amended position on your
SB 9, which would require a local government to ministerially approve a housing development
containing two residential units in single-family residential zones. Additionally, this measure
would require local governments to ministerially approve urban lot splits.
Housing affordability and homelessness are among the most critical issues facing California cities.
Affordably priced homes are out of reach for many people and housing is not being built fast
enough to meet the current or projected needs of people living in the state. Cities lay the
groundwork for housing production by planning and zoning new projects in their communities
based on extensive public input and engagement, state housing laws, and the needs of the
building industry.
While your desire to pursue a housing production proposal is appreciated, unfortunately, SB 9 as
currently drafted would not spur much needed housing construction in a manner that supports
local flexibility, decision-making, and community input. State driven ministerial or by-right housing
approval processes fail to recognize the extensive public engagement associated with developing
and adopting zoning ordinances and housing elements that are certified by the California
Department of Housing and Community Development (HCD).
PLEASE CITE SPECIFIC CONCERNS AND HOW YOUR CITY WILL BE AFFECTED BY
THIS BILL HERE.
The City/Town of __________ requests the following amendments in order to address our
concerns and remove our opposition:
• Clarify that a property owner using SB 9 is limited to constructing two residential units, not
two residential units and additional accessory dwelling units (ADUs) on the same parcel;
• Require a housing developer to acquire a building permit within one year of a lot split, so
that speculators do not sell lots and never build homes;
• Allow local governments to require adequate access for police, fire and other public safety
vehicles and equipment;
• Prohibit developers from using SB 9 in very high fire hazard severity zones;
• Allow cities to determine a range of lot sizes suitable for SB 9 development projects;
• Ensure HCD provides Regional Housing Needs Allocation (RHNA) credit for production of
SB 9 units;
• Allow local governments to take into account local conditions such as hillsides, lot
dimensions, natural hazards, available infrastructure, etc. when approving or denying
housing project applications;
• Allow local governments to continue to determine parking standards; and
• Ensure large-scale investors and builders do not exploit SB 9 provisions.
The City/Town of _______ is committed to being part of the solution to the housing shortfall across
all income levels and will continue to work collaboratively with you to spur much needed housing
construction. Thank you for considering the above amendments.
For these reasons, the City/Town of _______ opposes SB 9 (Atkins) unless it is amended to
address our concerns.
Sincerely,
NAME
TITLE
CITY/TOWN of ______________
cc. Your Senator & Assembly Member
Sam Caygill, East Bay Division, League of California Cities, scaygill@cacities.org
League of California Cities (Via email: cityletters@cacities.org)