HomeMy WebLinkAboutPresentation - 6.1California Housing Shortage – Assembly Bills SB(13) SB(9)
Housing Shortage
• California ranks 49th in the US in housing units per resident
• California's economy is suppressed by $150 - $400 billion annually
because of the cost of housing and lost revenue from consumer goods
• Single family home zoning / Density restrictions
• High land cost
• Community involvement in the permitting process
Evolution of State Involvement in local planning
• Percentage of new housing developments with affordable
component in both rentals and new construction based
on median income locally
• ADU (accessory dwelling unit) easing of restrictions on development
• SB 13 and SB 9
SB 13 ADU Law (2020)
• ADU applications must be approved within 60 days, without hearing
or discretionary review
• Cities or counties cannot require owners to live at the property
• No impact fees to jurisdictions (park,schools,bonds )under 750 sq ft
• City or counties must delay code enforcement on unpermitted ADU’s
to allow it to be legalized
• Single family HOA’s must allow development of ADU’s
• Single family homeowners can now also develop junior ADU’s
under 500 sq ft
• An ADU or JADU can be developed can be converted from existing space
In a home (garage) if it meets fire setbacks and has exterior access
• No local limits needed for ADU if under 800 sq ft, 16 feet in height
and 4 ft rear and side setbacks
• No requirement for replacement parking when a garage is converted
• No requirement for additional parking for ADU created through the conversion
of existing space or within half mile of bus stop or transit.
• Design standards must be objective and assessed by staff not elected officials
SB 9 Rezoning of Single-Family Neighborhoods
• Rezone by state statute virtually all parcels within single-family residential
zones in California allowing for and authorizing urban parcel splits, without
any local discretionary hearing or review.
• Single-Family Residential Zones: Permits the division, partial or full tear down
of an existing single-family home to create two separate residential units, eligible
to be sold separately. Since SB 9 also operates in conjunction with ADU law, it
will allow even more units to be built on the parcel without public review. All local
ordinances that would physically preclude construction of the two units cannot be
enforced. ADU law has separate authority enabling the construction of additional
California Housing Shortage – Assembly Bills SB(13) SB(9)
units. Parking is limited to one space per unit and must be eliminated entirely if
within one-half mile of transit or if there is a car share vehicle within one block.
• Urban Parcel Splits: Permits urban lot splits in residential zones to create two
equal parcels of a minimum of 1,200 square feet. Prohibits the application of
local requirements that would physically preclude the construction of two units to
be built on each split lot.
• Parcel Occupancy Limitations: The affected development cannot affect units
occupied by a tenant within the prior three years,
• Single-Family Home Demolishing: A single family home may be demolished
entirely if a tenant has not lived in the home during the prior three years,
otherwise only 25 percent may be demolished, unless a greater percentage is
allowed by local ordinance.
• Setbacks: Provides that local building setbacks cannot be greater than what is
applied to an existing structure. Permits local governments to require four-foot
setbacks from the rear and side lot lines in other circumstances.
• Parking: Authorizes a local agency to require parking of one space per unit, but
prohibits a parking requirement if: he project is within one-half mile of a high-
quality transit corridor, or a major transit stop, as defined or there is a car-share
vehicle located within one block of the parcel.
• Zoning: Authorizes the proposed development to comply with local “objective”
zoning, subdivision, and design standards, but states that such standards cannot
have the effect of precluding the development of two units and can’t involve no
personal and subjective judgement by a public official.
• Stipulates that local agency shall require that any units constructed under this
provision that are to be rented shall be for a term longer than 30 days to avoid
vacation rentals.