HomeMy WebLinkAbout110921-04.4
STUDY STUDY SESSION MEMORANDUM 4.4
TO: Mayor and Town Council November 9, 2021
SUBJECT: Review and discuss Senate Bill 9 and the Town’s process for
implementing its mandated requirements
BACKGROUND
On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9), the California
Opportunity and More Efficiency (HOME) Act. SB 9 is intended to “facilitate the process
for homeowners to build a duplex or split their current residential lot, expanding housing
options for people of all incomes that will create more opportunities for homeowners to
add units on their existing properties.”
SB 9 will take effect on January 1, 2022 and will supersede a number of provisions
contained within the Town’s existing Single Family Residential Zoning Ordinance. The
intent of this study session is to describe the major provision of SB 9 and to discuss the
Town’s proposed process for implementation.
DISCUSSION
As a broad overview, Senate Bill 9 allows for:
1. Two-Unit Housing Developments: Ministerial approval of qualifying “duplex” units
within single-family residential zones (adds Gov. Code Sec. 6582.21). More
specifically, local communities may only apply objective standards.
2. Urban Lot Splits: Ministerial approval of qualifying “urban lot splits” within single-
family residential zones (adds Gov. Code Sec. 66411.7).
Any application submitted under SB 9 is subject to a ministerial review process,
requiring action to be taken based on nondiscretionary, objective development
standards, with no public hearings or public notification. Furthermore, applications
submitted under SB 9 are also exempt from all otherwise applicable requirements of
the California Environmental Quality Act (CEQA).
SB 9 Implementation 2 November 9, 2021
Maximum Development Standards
The overarching theme of SB 9 is that only objective standards – objective zoning standards,
objective subdivision standards, objective design standards - may be imposed on either the
two-unit development or urban lot splits. A few notable requirements of the new law:
• A community’s objective standards cannot result in physically precluding the
construction of two units (of at least 800 square feet) on each resulting lot nor
conflict with provisions of SB 9.
• A community may not adopt any new development standards that results in a
“less intensive use” than provided for through the previously enacted SB 330 (The
Housing Crisis Act of 2019). As an example, the Town may not reduce existing
height, density or floor area ratio requirements.
A few of the notable development standards established under SB 9 are as follows:
• Lot Size for Urban Lot Splits: Each resulting lot must be at least 1,200 square feet.
The two new lots must be approximately equal size (60/40 split at most).
• Setbacks: Rear and side yard setbacks can be required (up to 4 feet), even if an 800
SF unit cannot be achieved). However, setbacks may not be imposed on an
existing structure or if a new unit rebuilt in the same location.
• Off-Street Parking: A city may require one space per unit. However, parking cannot
be required if the property is located within a ½-mile walking distance of either a
high-quality transit corridor, a major transit stop, or a car share vehicle location
Project Qualifications
SB 9 was established for specific qualifying parcels. The following circumstances may
preclude parcels from qualifying for development under SB 9: wetlands; very high fire
hazard severity zones; earthquake fault zones; special flood hazard areas; protected
species habitats; lands under conservation easements; historic landmarks or districts. In
addition, SB 9 may not be applicable to lots within homeowners’ associations if they have
CC&R provisions that would prevent the development.
Other qualifying criteria include: the project would not demolish or alter certain
affordable or rent controlled housing; the lot was not created by a previous SB 9 urban
lot split; and the applicant must sign an affidavit stating that they would live on one of
the lots for a three-year period following the lot split.
SB 9 Implementation 3 November 9, 2021
Implementation
The Town anticipates that the requirements of SB 9 would be implemented through the
adoption of a resolution by the Town Council. The resolution would identify the
application review process, minimum submittal requirements, and a list of objective
development standards. The Town intends to present this resolution to the Town
Council for review at the Council’s December 21, 2021 meeting.
RECOMMENDATION
Review and discuss Senate Bill 9 and the Town’s process for implementing its mandated
requirements.
Prepared by:
Tai J. Williams
Assistant Town Manager