Pasadena prohibits SB 9 applications in high fire zones in Eaton fire footprint

Pasadena City Council Monday, Sept. 8, approved an urgency ordinance prohibiting SB 9 applications in high fire severity zones within the Eaton fire footprint.

It passed in a 6-1 vote with Vice Mayor Jess Rivas voting no and Councilmember Tyron Hampton absent.

The ordinance comes after an executive order signed by Gov. Gavin Newsom on July 30 which allowed local governments discretion when it comes to development in rebuilding areas and whether or not to allow SB 9 applications in high fire danger sites.

A "we will rebuild" message is seen at a home lost in the Eaton fire in Pasadena's Hastings Ranch on Wednesday, Feb. 19, 2025. (Photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)
A “we will rebuild” message is seen at a home lost in the Eaton fire in Pasadena’s Hastings Ranch on Wednesday, Feb. 19, 2025. (Photo by Sarah Reingewirtz, Los Angeles Daily News/SCNG)

Two people spoke during public comment in opposition to prohibiting SB 9 applications in that area and the city received three letters also in opposition.

“My concern with this is that SB 9 would be a good tool for people who are under-insured and who’ve lost their homes in the fire to be able to rebuild,” Bert Newton said.

He said not many people will likely use SB 9 but those who do will really need it.

SB 9 requires public agencies to approve two-unit developments and urban lot splits resulting in up to four unit developments in single-family zones. According to a staff report, the concern is that widespread SB 9 development in neighborhoods rebuilding from the fire are in very high fire hazard severity zones and could crowd evacuation routes.

Rivas said that concern was warranted in impacted Los Angeles neighborhoods but was less of a concern because of the multiple ingress and egress routes available in the Upper Hastings Ranch neighborhood.

“I’m uncomfortable with taking an option away from perhaps that one homeowner that does want to do a lot split or maybe does want to make use of the ADU provisions,” Rivas said.

Planning Director Jennifer Paige said Pasadena did not experience the crush of vehicles during its evacuation on the night of Jan. 7 like was seen in the Palisades fire area. The ordinance will impact approximately 185 parcels, Paige said.

However, Mayor Victor Gordo said Pasadena avoided that fate and worse thanks to proactive work by city officials coordinating evacuations and the winds changing direction from east to west.

He pointed out that residents impacted by the ordinance were not in attendance Monday night voicing displeasure about the proposed ordinance.

“But for the grace of God, if that wind hadn’t shifted we might be looking at a totally different situation including people not being able to get out in time and that’s what I’m suggesting we guard against,” Gordo said.

Councilmember Rick Cole suggested changing the ordinance to only apply to parcels on dead-end streets but that motion failed 4-3, with only Rivas, Cole and Councilmember Jason Lyon voting yes.

The original recommendation from city officials passed on the next vote.

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