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HomeMy WebLinkAbout110921 - 04.4 PresentationSENATE BILL 9 IMPLEMENTATION Town Council Study Session November 9, 2021 FIRST UPCONSULTANTS 1.Legislation Overview 2.Major Provisions 3.Implementation 2 PRESENTATION OVERVIEW FIRST UPCONSULTANTS 3 SB 9: MAJOR PROVISIONS 1.DUPLEXES: Allows for ministerial approval of qualifying “duplex” units within single-family residential zones. 2.URBAN LOT SPLITS: Allows for ministerial approval of qualifying “urban lot splits” within single-family residential zones. Ministerial = Building permit only. Subject to objective standards. No discretion, no public hearings, and no public notification. FIRST UPCONSULTANTS DUPLEX (2-UNIT) DEVELOPMENTS Qualifying Criteria and Applicable Development Standards FIRST UPCONSULTANTS SB 9 DUPLEX DEVELOPMENT Notable Qualifying Criteria 1.The site must be in a single-family residential zone 2.Parcel is NOT located on land with environmental or historic resources, such as: •Prime farmland and wetlands •Lands for conservation, under conservation easement, with protected species habitat •Historical landmarks or historic districts 3.Parcel is NOT located on land with hazards, such as: •Hazardous waste site, special flood hazard area •Lands within a ‘Very High Fire Hazard Severity Zone” (unless complies with fire hazard mitigation measures per building code or state fire mitigation measures) •Earthquake fault zone (unless complies with applicable building code standards) 4.Projects can NOT impact tenant occupied or affordable housing (special provisions apply) 5 FIRST UPCONSULTANTS SB 9 DUPLEX DEVELOPMENT Notable Development Standards 1.Objective zoning standards and subdivision standards 2.Objective design standards (cannot conflict with SB 9 nor preclude construction of two units of at least 800 SF) 3.Setbacks: 4 feet from side or rear yard •No setbacks for existing structure or one constructed in same location, same dimensions 4.Parking: Maximum one off-street space per unit. •No parking required if located within ½-mile from high-quality transit or car share 5.Environmental Review: No CEQA required 6.Short-Term Rentals: Must prohibit for any unit created by SB 9 ** Limited grounds for project denial 6 FIRST UPCONSULTANTS URBAN LOT SPLITS Qualifying Criteria and Applicable Development Standards FIRST UPCONSULTANTS SB 9 URBAN LOT SPLIT Notable Qualifying Criteria (*denotes criteria same as Duplex Development) 1.Lot Size: Minimum 1,200 SF of approximately same size (max 60/40 split) 2.Original lot not established through prior SB 9 lot split 3.Non-residential uses prohibited 4.The site must be in a single-family residential zone* 5.Parcel is NOT located on land with environmental or historic resources, such as* •Prime farmland and wetlands •Lands for conservation, under conservation easement, with protected species habitat •Historical landmarks or historic districts 6.Parcel is NOT located on land with hazards, such as* •Hazardous waste site, special flood hazard area •Lands within a ‘Very High Fire Hazard Severity Zone” (unless complies with fire hazard mitigation measures per building code or state fire mitigation measures) •Earthquake fault zone (unless complies with applicable building code standards) 7.Projects can NOT impact tenant occupied or affordable housing (special provisions apply)* 8 FIRST UPCONSULTANTS SB 9 URBAN LOT SPLIT Notable Development Standards (same as Duplex Development) 1.Objective zoning standards and subdivision standards 2.Objective design standards (cannot conflict with SB 9 nor preclude construction of two units of at least 800 SF) 3.Setbacks: 4 feet from side or rear yard •No setbacks for existing structure or one constructed in same location, same dimensions 4.Parking: Maximum one off-street space per unit. •No parking required if located within ½-mile from high-quality transit or car share 5.Environmental Review: No CEQA required 6.Short-Term Rentals: Must prohibit for any unit created by SB 9 ** Limited grounds for project denial 9 FIRST UPCONSULTANTS SB 9 URBAN LOT SPLIT Notable Development Standards (unique to Urban Lot Splits) 1.Easements: May be required of development for providing public services and facilities 2.Access: May be required of development for access (or provide access to) to public right-of-way 3.No right-of-way dedications or off-site improvements 4.No correcting for non-conforming conditions 5.Affidavit: Required of applicant, stating intent to occupy one of the units for at least 3 years (no other owner occupancy requirement is allowed) No More than 4 New Units from SB 9 Provisions •Accessory Dwelling Units: Town not required to permit ADUs parcels created from use of SB 9 Urban Lot Split –and -SB 9 Duplex provisions (i.e., cumulatively no more than 4 units) •Max 2 Units on each SB 9 Lot Split Parcel 10 QUESTIONS?