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AG Bonta: Woodside ‘not exempt’ from housing law after declaring whole town a mountain lion sanctuary

By Kenny Choi

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    OAKLAND, California (KCAL) — California Attorney General Rob Bonta on Sunday sent a letter to Woodside officials warning that the recent declaration that the entire town is a mountain lion sanctuary does not exempt it from state housing laws.

The Attorney General’s Office issued a press release Sunday morning stating that Bonta sent a letter to Woodside after its Planning Manager issued a memorandum declaring the entire town a mountain lion sanctuary in order to avoid compliance with Senate Bill (SB) 9.

The Attorney General’s Twitter account also posted about the letter.

In the release, the Attorney General described SB 9 as “a critical component of state efforts to address housing supply and affordability” in the state. The new law, which went into effect on January 1, 2022, allows homeowners to build up to four residential units on a single-family lot.

Attorney General Bonta sent the letter addressed to Town Manager Kevin Bryant to notify Woodside that the memorandum violates state law and must be amended.

“Woodside declared its entire suburban town a mountain lion sanctuary in a a deliberate and transparent attempt to avoid complying with SB 9,” Bonta said in the letter. “This memorandum is — quite clearly — contrary to the law, and ironically, contrary to the best interests of the mountain lions the town claims to want to protect. At the California Department of Justice, we’re committed to doing all we can to alleviate California’s housing crisis, and we need our local partners to do the same. My message to Woodside is simple: Act in good faith, follow the law, and do your part to increase the housing supply. If you don’t, my office won’t stand idly by.”

In the letter, Attorney General Bonta warned Woodside that its attempts to sidestep SB 9 and restrict housing production violate the law. Specifically, the letter highlights the following points:

There is no valid basis to claim that the entire town of Woodside is a habitat for mountain lions. Habitat is land that has the capacity to support a specific species, including providing food and shelter. Land that is already developed — with, for example a single-family home — is not, by definition, habitat; and Any exemption under SB 9 requires the town to examine the attributes of an individual parcel of land. An entire town cannot be declared habitat for a protected species, and the exemption of a specific lot would have to be based on substantial evidence. The release regarding the letter noted that Bonta is committed to advancing housing access, affordability, and equity in California.

The Attorney General’s office also released a copy of the letter.

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