Exactly one day after he survived a recall election, Gov. Gavin Newsom signed two bills that ended single-family zoning throughout California.

Senate Bill 9 allows single-family lots anywhere in the state to be split in two, so that there can be two houses and two accessory dwelling units on a lot that formerly was zoned for just one house. Under SB 9, cities are required to approve these lot splits “ministerially,” without any reviews, hearings, conditions, fees or environmental impact reports.

Senate Bill 10 allows cities to pass an ordinance that enables property owners to build up to 10 units, plus four accessory dwelling units, on any single-family lot that is within one-half mile of transit, defined as a bus route with frequent service during rush hours.

These laws have enraged many city officials. A multi-partisan coalition quickly formed around an effort to qualify an initiative for the ballot that would generally prevent state law from pre-empting local control of zoning and land use. Proponents are aiming to have it on the ballot in November 2024.

In the meantime, two lawsuits have been filed to try to get SB 9 and SB 10 overturned.

The cities of Redondo Beach, Carson, Torrance and Whittier filed a lawsuit in March against California Attorney General Rob Bonta and the State of California to “prevent the State of California from usurping a charter city’s land use authority, which is a uniquely municipal affair.” The state constitution authorizes charter cities—municipalities that have adopted their own local constitution —to “govern themselves, free of state legislative intrusion, as to those matters deemed municipal affairs,” or so said the California Supreme Court in a 2012 case known as State Building & Construction Trades Council of California, AFL-CIO v. City of Vista.

And therein lies the dispute. The state government enacted SB 9 in 2021 with the assertion that ensuring access to affordable housing was “a matter of statewide concern,” magic words that allow the state government to override a city’s control of municipal affairs.

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