SB 9 Suspended in Post-Fire Zones: Newsom and Bass Executive Orders Target Fire Hazard Areas

Senate Bill 9 (California Government Code Sections 65852.21 and 66411.7), commonly known as SB 9, is a California state law which allows property owners in many single-family residential zones to split their lots and build up to two residential units on each resulting parcel. SB 9 aims to increase housing density while maintaining certain safety and design standards. However, SB 9 includes exceptions for areas at high risk of natural hazards, such as fire zones, where local agencies may restrict its application to protect public safety.
 
On July 30, 2025, both State of California Governor Gavin Newsom and City of Los Angeles Mayor Karen Bass issued executive orders suspending the application of SB 9 within certain areas affected by the January fires, effectively halting the development of additional density housing in such areas. Governor Newsom’s Executive Order N-32-25 covers areas within a “Very High Fire Hazard Severity Zone” (as identified by the State Fire Marshal pursuant to Government Code section 51178) within the boundaries of the Palisades Fire and the Eaton Fire. Mayor Bass’s Emergency Executive Order 9 aligns to cover the same areas affected by the Palisades Fire.¹
 
In the recitals to Executive Order N-32-25, Governor Newsom stated that SB 9 “was not tailored for circumstances like the present situation in Los Angeles, where more than 13,000 homes were destroyed, including more than 5,000 single-family homes in the Palisades Fire that fall into a designated very high fire hazard severity zone”, noting that community members have raised concerns about increased density negatively impacting evacuation routes and overall fire safety. In a statement issued on July 29, 2025, Mayor Bass expressed similar concerns, opining that the application of SB 9 in the relevant areas of the Palisades fire “could fundamentally alter the safety of the area by straining local infrastructure”.
 
Though the suspension of SB 9 has received support from certain community members, such as City of Los Angeles Council Woman Traci Park in her public letter to Governor Newsom, it is also facing opposition. The executive director of YIMBY Law, a pro-housing advocate group, has alleged that Governor Newsom and Mayor Bass have exceeded their authority under the state of emergency, arguing that the application of SB 9 does not interfere with the fire disaster mitigation and recovery. As of the date of this publication, no lawsuit has been filed against Executive Order N-32-25 nor Emergency Executive Order 9.
 
Snell & Wilmer will continue to monitor these developments and provide updates.