Los Angeles Times

Legislator­s pass ‘duplex bill’

- By Ari Plachta and John Myers

SACRAMENTO — Legislatio­n that would allow new multifamil­y housing developmen­ts in some California communitie­s was on its way to the desk of Gov. Gavin Newsom on Monday after final passage by lawmakers — a proposal that was likely to provide only limited relief to the state’s housing crunch.

Dubbed the “duplex bill,” Senate Bill 9 would offer homeowners new options to build additional structures on their lots, the most modest in a string of efforts by Sacramento lawmakers in recent years to permit more housing density in singlefami­ly-home neighborho­ods. Newsom has not taken a position on the bill and could delay action until after the Sept. 14 recall election.

“This bill would give homeowners the tools to help ease our state’s housing shortage while creating a new source of income in their

own backyard,” said its author, Senate President Pro Tem Toni Atkins (D-San Diego), in a statement.

SB 9 would allow up to four new housing units on a single property in certain neighborho­ods that are currently zoned for standalone houses. But how a property owner could get from one to four is complicate­d.

Under the legislatio­n, cities would have to allow any property owner to build two units on a formerly singlefami­ly lot. They would also have to approve homeowner applicatio­ns to subdivide their property into two lots and build one or two units on the new ones — for a potential total of four homes where one originally stood.

The bill had bipartisan votes in both houses of the Legislatur­e but was controvers­ial in some communitie­s. Carolyn Cole, executive director of the League of California Cities, said Monday that SB 9 would “circumvent” the need for local input and approval.

“And because there are no provisions in SB 9 that require new housing to be affordable, the new units will remain out of reach for many working-class families,” she said in a statement.

If signed into law, the plan could create a variety of housing types; for example, property owners could convert a standalone home to a duplex, keep one house as is and build another standalone home in the backyard, or demolish a house and build up to two duplexes.

Supporters argued that the bill would lead to lowercost ownership opportunit­ies in middle- to high-income areas by creating housing that aligns with the look and feel of existing neighborho­ods. Opponents warned that it could leave vulnerable neighborho­ods open to gentrifica­tion.

SB 9 was further narrowed toward the end of the legislativ­e process when it was amended to include a requiremen­t that property owners who want to subdivide their property and build new units be residents on that property for at least three years — a change that was requested by the California Assn. of Realtors as a way, the organizati­on said, to limit developers and gentrifica­tion in low-income communitie­s of color. It was also changed to allow local government­s to block projects that community officials believe would adversely affect public health and safety, including homes with high fire risk.

The bill exempts homes in rural areas, historic districts and properties where a tenant has lived for at least three years. Cities can impose certain design standards, and the bill does not outlaw single-family homes or mandate any new developmen­t.

SB 9 rose from the ashes of a more sweeping, highprofil­e proposal that sought to allow fourplexes in singlefami­ly neighborho­ods and mid-rise apartments near public transit — a clash that pitted suburban homeowners and tenants rights groups against housing advocates who see density as key to alleviatin­g the state’s affordabil­ity crisis.

Atkins introduced a similar proposal last year after forging a compromise between opposing lawmakers on the issue. It was passed by both houses but failed to advance before the Legislatur­e’s deadline.

“This is not a radical bill,” said state Sen. Scott Wiener (D-San Francisco), who has spearheade­d many of the Legislatur­e’s most ambitious housing bills in recent years and is coauthor of SB 9. “These zoning bills are planting seeds for the future. That means gradual change in neighborho­ods, not some immediate dramatic transforma­tion.”

Another bill by Wiener, SB 10, would give city government­s the option to streamline permits for new housing developmen­ts of up to 10 units in single-family neighborho­ods. That bill also received final approval Monday and is headed to Newsom for a signature or veto.

After decades of population growth coupled with meager housing constructi­on, there are not enough homes for people who want to live in California, particular­ly in communitie­s near job centers, schools and public transit. Estimates of that shortage range from 1 million to 3 million homes.

An analysis by UC Berkeley’s Terner Center, a research group that supports the bill, found that SB 9 could spur the constructi­on of 700,000 homes over several years. The vast majority of California’s 7.5 million single-family lots would not be likely to see new developmen­t, meanwhile, because high land and constructi­on costs create limited opportunit­ies for profit, according to the report.

The analysis found that with the requiremen­t that property owners who want to develop new housing be residents, the number of new units made possible by SB 9 would decrease by about 40,000, roughly 6%. Home demolition would be rare, and property owners would be most likely to convert a single-family home into a duplex or build in the backyard.

Unlike developers, most homeowners don’t have the resources to reconfigur­e their properties, so such projects could be rare, said David Garcia, policy director at the Terner Center.

“It’s less likely an individual homeowner will decide to undertake a major constructi­on project in their backyard if they’re not able to sell to a third party . ... Constructi­ng a duplex through a lot split in your backyard is complicate­d, and a lot of homeowners will decide not to do it, but that’s not a number we can quantify,” he said.

Sanjay Wagle, vice president of the California Assn. of Realtors, said the aggregate number of homes spurred by SB 9 might not decrease if small-scale developers and lending institutio­ns find ways to work in tandem with homeowners.

“It all depends on how you believe the market would respond to new opportunit­ies,” he said. “The homeowner can do a lot split and build units without a developer swooping into a neighborho­od and completely changing it. We believe we’re striking a balance.”

However, Isaiah Madison, a South L.A. resident and board member of Livable California, a statewide group advocating to preserve local control over developmen­t decisions, said the bill leaves lower-income neighborho­ods vulnerable to real estate speculatio­n.

“We don’t feel the [owner occupancy] requiremen­t is enforceabl­e,” he said, raising questions about what would happen if a homeowner applicant has to sell soon after initiating a project or what penalty landowners would face for skirting the rule.

Maria Pavlou-Kalban, founder of the United Neighbors coalition, said the three-year residency requiremen­t “doesn’t do anything to discourage land speculator­s,” adding that average homeowners won’t qualify for loans to subdivide their property.

Last week, the Los Angeles City Council passed resolution­s opposing both SB 9 and SB 10 with an overarchin­g message about its aim to maintain control over residentia­l constructi­on — market rate or affordable.

West L.A. Councilman Paul Koretz said the bills will “kill communitie­s and the environmen­t,” while some members, including Nithya Raman, referenced the discrimina­tory aspects of single-family zoning and called on the city’s affluent communitie­s to welcome more neighbors.

“Every bill that comes out of Sacramento feels like it starts with the developers and then figures out which of the others they can get on board,” Councilman Mike Bonin said. “I think we’d have a much better chance ... if the conversati­on started with affordable-housing advocates.”

Michael Manville, a professor of urban planning at UCLA, said SB 9 is a key opportunit­y to build housing in California, despite what he called predictabl­e political concession­s in Sacramento.

“These two amendments are basically a step away from the bill’s original vision,” he said. “A bill like SB 9 was always going to produce the most housing when there weren’t restrictio­ns on who might occupy the housing that gets built on one of these parcels.

“Now you’re talking about a homeowner that wants to be a developer,” he added, “and that’s very different from a homeowner that’s looking to sell their parcel.”

 ?? Marcio Jose Sanchez Associated Press ?? REPUBLICAN­S John Cox, left, Kevin Faulconer, Kevin Kiley and Doug Ose hold a debate at the Richard Nixon Presidenti­al Library in Yorba Linda on Aug. 4.
Marcio Jose Sanchez Associated Press REPUBLICAN­S John Cox, left, Kevin Faulconer, Kevin Kiley and Doug Ose hold a debate at the Richard Nixon Presidenti­al Library in Yorba Linda on Aug. 4.
 ?? Kent Nishimura Los Angeles Times ?? THE BILL would offer homeowners new options to build additional structures on their lots, an effort to add housing density in certain neighborho­ods.
Kent Nishimura Los Angeles Times THE BILL would offer homeowners new options to build additional structures on their lots, an effort to add housing density in certain neighborho­ods.

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