If approved, the repeal would lift the city’s prohibition on processing SB 9 applications in those areas, allowing qualifying proposals for urban lot splits and duplex developments to move forward under state law.
“In light of the costs, risks, and uncertainties associated with litigation and in consideration of the time that has elapsed since the Eaton Fire, the City elects to repeal Ordinance Nos. 7455 and 7457,” the staff report states.
The ordinances, adopted in 2025, were enacted after Gov. Gavin Newsom issued an executive order following the Eaton and Palisades fires. The executive order temporarily suspended portions of California’s Senate Bill 9 law that otherwise limit local governments’ discretion over approving two-unit developments and urban lot splits in affected fire zones.
Pasadena responded by adopting Ordinance No. 7455, prohibiting SB 9 applications in Very High Fire Hazard Severity Zones within the Eaton Fire boundary. The City Council later approved Ordinance No. 7457, extending the prohibition for an additional 22 months and 15 days, through approximately September 2027.
City officials said the restrictions were intended to prevent an influx of higher-density development in neighborhoods where additional housing could complicate emergency evacuations during future wildfires.
According to a staff report prepared by the City Attorney’s Office, the city is now recommending repeal because of ongoing litigation challenging the governor’s executive order and the local ordinances adopted under it.
The lawsuit, Yes In My Back Yard, et al. v. Gavin Newsom, et al., was filed Dec. 10, 2025, in Los Angeles County Superior Court. The petition names Newsom, Los Angeles County and the cities of Los Angeles, Malibu and Pasadena as defendants.
The plaintiffs argue that Executive Order N-32-25 and local policies based on it violate constitutional and statutory law, including the California Emergency Services Act. They are seeking a court order requiring jurisdictions to process SB 9 applications in the Eaton and Palisades fire areas, along with declaratory relief.
If the council approves the repeal, Planning and Community Development Department staff would resume processing SB 9 applications within the affected portions of the Eaton Fire burn area, where otherwise allowed by state law.
Senate Bill 9, which took effect statewide in 2022, requires cities to ministerially approve qualifying two-unit residential developments and urban lot splits in single-family residential zones, potentially allowing up to four housing units on parcels that previously accommodated only one home.
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