So here's something interesting that just came across my desk from CalMatters Housing. Two Southern California cities that were hit hard by last year's wildfires have settled a legal battle over housing density laws. Malibu and Pasadena are now accepting what state law actually allows regarding duplexes and small multifamily buildings on single-family lots. A pro-development nonprofit called YIMBY Law sued these cities after they'd tried to use executive orders to block a state housing law in their fire-damaged neighborhoods.
Let me back up and explain what's really going on here. California passed Senate Bill 9 back in 2022, which makes it simpler for homeowners to split their properties and build up to four units where zoning previously only allowed one. After the Eaton and Palisades fires devastated the region, the governor and LA mayor signed executive orders that let local governments essentially ignore that state law in the burn scar areas. Malibu, Pasadena, and a couple of other jurisdictions took that opportunity to block the duplex law.
YIMBY Law challenged these exemptions in court, arguing that local governments simply don't have the power to override state law, no matter the circumstances. According to CalMatters, Pasadena's city council just voted unanimously to repeal its anti-duplex rules and accept all applications under the state law. Malibu has until late September to do the same under their settlement agreement.
A lot of fire survivors in these communities have pushed back hard against denser rebuilding, worried about evacuation challenges and traffic concerns. Some high-profile opponents, including celebrity Spencer Pratt, even ran on this issue during the recent LA mayoral race. But the pro-development side argues that Senate Bill 9 actually helps fire victims rebuild more affordably given the escalating construction costs and insurance hassles people are facing.
The fight isn't completely over though. The state of California, the city of LA, and LA County are still defending their positions in court. Meanwhile, a state senator representing Altadena introduced legislation trying to exempt that area from the duplex law as well.
What I'm seeing locally in the Bay Area is that this settlement signals something important about the enforceability of state housing law. When cities try to work around Sacramento's housing mandates, they're finding out pretty quickly that the courts tend to side with state policy. That matters for all of us who are trying to figure out what our neighborhoods will look like five or ten years from now and how that affects property values and communities we serve.
