Dick Spotswood: State’s strategy to create more affordable homes fatally flawed

A Los Angeles County Superior Court has just ruled that Senate Bill 9 is unconstitutional. That legislation, which was signed by Gov. Gavin Newsom, allows existing property owners to ministerially split real estate parcels into four different homes.

It was the so-called end of “single family zoning.” Among SB 9’s co-authors are San Francisco’s “Mr. Housing,” Sen. Scott Wiener and Marin/Sonoma state Sen. Mike McGuire.

The petition, “City of Redondo Beach vs. Attorney General Rob Bonta,” was filed by the Southern California municipalities of Redondo Beach, Carson, Torrance, Whittier and Del Mar. Their goal, shared by other towns, homeowner associations and Marin-based Catalysts Institute for Local Control, is to push back on the state government’s efforts to usurp local control of planning in the name of creating affordable housing.

While the ruling has the potential to be a landmark decision, it has a long way to go before achieving that mark. The case will ultimately be appealed to the state Supreme Court. Alternatively, to satisfy the trial court’s concerns, the Legislature could rewrite and resubmit a new version of SB 9.

If the trial court ruling is sustained, “Redondo Beach vs. Bonta” will showcase that the state’s current strategy to create more affordable homes is fatally flawed.

The L.A. court confirmed that “charter cities are authorized to legislate with respect to municipal affairs.” That’s called “Home Rule.” There’s an exception. “The power of a charter city to govern municipal affairs must give way when the state enacts a statute tailored to the resolution of a statewide concern.” This court agreed, “a valid statewide concern is ensuring access to affordable housing” which meets the legal definition of “affordable.”

The blockbuster finding was that Attorney General Bonta “presents no evidence to support the assertion that the upzoning permitted by SB 9 would result in any increase in the supply of below market-rate housing. … The petitioner (City of Redondo Beach) presented evidence showing “that relaxing single-family zoning – the result of SB 9 – may lead to gentrification and the development of housing for high-income households.”

That demolishes the argument that constructing more million-dollar market-rate homes will cause residential property prices to decrease or stabilize. The demand for homes in coastal California is insatiable. That shouldn’t be a surprise in an economically vibrant locale whose physical beauty and quality of life is legendary. The demand for California coastal zone homes is global.

Undoubtedly, the Golden State needs massive amounts of homes affordable for those in the manufacturing, hospitality, retail, health care and education sectors. Sacramento needs to admit that SB 9-type mandates aren’t going to create many “affordable” homes. To achieve that goal, our state government, which is already in deficit mode, will need to subsidize the construction sector.

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Congressional District 2 representing the North Bay and the North Coast is sending seven delegates and one alternate to the Democratic National Convention. The Chicago conclave is set for July 15 to July 18.

The seven delegates and one alternate were selected by active party members from a list of 31 candidates. Traveling as delegates to the Windy City during its hot and humid summer are Susan Boyle, Chris York, Katherine Rice, Crystal Martinez, Tom McInerney, Brian Colbert and Meredith Matthews. The alternate delegate who’ll join the other seven at the convention is Gabe Paulson.

Boyle is Rep. Jared Huffman’s alternate on Marin’s Democratic Central Committee. McInerney, a major party fundraiser, is past mayor of San Anselmo. Colbert is a member of the San Anselmo council and candidate for District 2 county supervisor. San Rafael resident Crystal Martinez is a Marin Community College trustee. Paulson is a member of the Larkspur council. Matthews is mayor of Arcata in Humboldt County. Rice helped launch Women for Biden-Harris and served on the leadership councils for the LGBTQ+ and Women for Biden-Harris finance coalitions.

Columnist Dick Spotswood of Mill Valley writes on local issues Sundays and Wednesdays. Email him at spotswood@comcast.net.