Pasadena planners recommend council repeal SB 9 suspensions tied to Eden Fire settlement

The Pasadena Planning Commission voted to recommend that the City Council repeal two uncodified interim urgency ordinances that have paused ministerial SB 9 applications in parts of Upper Hastings Ranch affected by the January 2025 Eden Fire.

Planning Manager Louis Rocha told the commission that ordinances Nos. 7455 and 7457 were adopted after the fire to pause SB 9 activity in a portion of the city classified as very‑high fire hazard severity and inside the Eden Fire boundary. Rocha said roughly 185 single‑family parcels fit the boundary and about 70 structures in that area were damaged or destroyed. “The conditional settlement will be effective if the city elects to repeal both ordinance 7455 and 7457 by September 30,” Rocha said, adding that repeal would immediately lift the suspensions.

Why it matters: SB 9 (state law enacted in 2021) requires local agencies to ministerially approve up to four units on a single‑family lot (with or without an urban lot split). Pasadena’s interim ordinances paused SB 9 processing in a small, fire‑impacted area amid concerns about evacuation routes and rebuilding in high‑hazard terrain. Rocha recommended that the commission find the repeal exempt from the California Environmental Quality Act (CEQA) and forward the recommendation to the City Council for final action.

Commissioners pressed staff on local demand for SB 9 and related development. Rocha said the city has not received SB 9 inquiries or filings in the affected area but has seen ADU activity tied to rebuilding: the city issued 17 ADU permits related to the fire rebuilds, 10 of which were in Upper Hastings. On SB 9 applications citywide since 2021, Rocha reported 10 filings, of which five were urban lot splits. Commissioners also discussed the statutory minimum lot‑size mechanics (staff noted a frequently cited minimum for lot‑split eligibility of about 1,200 square feet under state rules) and asked staff to provide addresses of recent lot‑split activity for follow up.

Legal context: Rocha summarized a December petition filed against Governor Newsom, Los Angeles County and several cities that argues the governor’s executive order exceeded authority; the petition seeks a court order directing local agencies to review SB 9 applications in the fire area and a judicial declaration that the executive order and related local actions are unlawful. To avoid further litigation costs and uncertainty, Rocha said city staff and the petitioners reached a conditional settlement that would take effect if Pasadena repeals the two ordinances by the specified date.

Public comment and vote: The commission opened the hearing and took public comment; no speakers appeared in person or virtually, but staff said one letter in support had been posted to the record. A commissioner moved to adopt staff’s recommendation; the motion was seconded and passed on a roll‑call vote. The commission’s recommendation now goes to the City Council, which must adopt or reject the repeal for it to take effect in city code.

Next steps: The City Council will consider the repeal ordinance at a future meeting; if the council repeals ordinances 7455 and 7457 within the settlement window, staff said the SB 9 suspension in the affected Upper Hastings parcels would be lifted immediately. The commission asked staff to provide the addresses of recent lot‑split or SB 9 activity and to keep the commission updated on any court filings or responses from the governor’s office.