Constitutionality of SB 9 Will Be Reconsidered

A few months ago, a Los Angeles judge ruled – in a fairly technical opinion – that SB 9, the lot-split law, is unconstitutional for charter cities. But after a new state law was passed clarifying SB 9’s intent, an appellate court has tossed the case back to the judge to reconsider it. Another appellate ruling declaring SB 9 constitutional as it relates to general-law cities still stands. SB 9, which went into effect in 2022, essentially did away with binding single-family zoning in most parts of California. The law permits landowners build up to four units on their single-family parcel by to splitting their parcels in two and build two units on each of the resulting parcels, all by ministerial action. The bill was very controversial during legislative debate in 2021 and has received a lot of national publicity. However, its actual effect has been limited. Relatively few single-family parcel owners have chosen to go the SB 9 route. The general consensus is most single-family homeowners find it easier to add an accessory dwelling unit on the property, an action that is also available by ministerial approval thanks to a different state law. Decades ago, California declared that both a shortage of housing and a lack of affordable housing as matters of statewide concern, thereby allowing the state to override the California Constitution’s guarantee of local home rule. SB 9, however, mentioned only “affordable housing” and not “a lack of housing supply” as the justification for interfering with home rule. This was the basis of the constitutional challenge brought by several cities led by Redondo Beach. Other cities involved in the lawsuit include Carson, Cerritos, Torrance, and Whittier. That led Los Angeles County Superior Court Judge Curtis Kin to rule in favor of the cities in 2024, saying that housing affordability and housing supply are not the same thing. (CP&DR’s coverage of Kin’s ruling can be found here.) This year, however, the Legislature passed SB 450, which expanded the purpose of SB 9 to include housing supply as well as affordability. For this reason, Attorney General Rob Bonta’s office argued that Kin’s ruling no longer applied. The Second District Court of Appeal agreed with Bonta and sent the case back to Kin. “We agree that the amended language of SB 450 is an intervening change in law that is entitled to consideration by the trial court in determining the constitutionality of the statute,” the court wrote. The appellate court also overturned Judge Kin’s award of $270,000 in attorney’s fees to the city and sent that issue back to him for reconsideration as well. Meanwhile, a different appellate court ruling stating that SB 9 applies to general law cities still stands. That ruling was issued by the Second District in January. (CP&DR’s coverage of that ruling can be found here.) The Case:City of Redondo Beach v. Bonta, No. B338990 (unpublished, issued November 12, 2025) The Lawyers: For Redondo Beach: Michelle L. Villarreal, Aleshire & Winder, mvillarreal@awattorneys.com For Attorney General’s Office: Kevin J. Kelly, kevin.kelly@doj.ca.gov, Deputy Attorney General

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