HomeMy WebLinkAbout05.1 Memo
MEMORANDUM
Date: December 14, 2021
To: Chair and Planning Commission
From: David Crompton, Chief of Planning
Subject: Item 5.1, SB 9 Implementation
As we continue to research and gain more information regarding the implementation of
Senate Bill SB 9, we believe that an additional development standard can be added to
recommended Resolution No. 2021-08 consistent with the State law.
This standard would require all new residential units to continue to meet the side yard
and rear yard setbacks (as well as front yard and secondary front yard setbacks)
applicable to the primary residence as required under the respective zoning districts.
As required under SB 9, a developer would be allowed to be as close as 4-feet to the side
yard and rear yard property lines only if found necessary to allow the construction of two
minimum 800 square foot residences. This is an objective development standard, using
setback requirements already established within the Town’s Single Family Residential
Ordinance. The following language has been added to recommended Resolution No.
2021-08:
D. Development and Design Standards for Housing Developments
The following development and design standards apply to all two-unit
housing developments and development on all lots created by an urban
lot split:
1. Minimum side yard and rear yard setback shall conform to the
existing setbacks established under the respective zoning districts.
The standards set forth in this Chapter shall not physically preclude
the construction of up to two units per parcel and shall not preclude
each unit from being at least 800 square feet in floor area, unless
otherwise precluded by law. If the housing project cannot be
designed to meet the objective standards and the objective standards
Design Review Board Agenda Outline
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would preclude two 800 square foot units, the Town will provide
relief from one or more of the objective standards set forth in this
Resolution as prioritized by the City Council. The Town shall
determine the extent of relief necessary to allow two 800 square foot
units. The purpose of this section is for the housing development
and/or urban lot split to comply with the objective standards,
General Plan and Danville Municipal Code to the maximum extent.
The Town Council hereby lists the following objective standards
from lowest-to-highest priority. Encroach into 1) side yard, 2) rear
yard, 3) secondary front yard, 4) front yard, 5) creek setback, and 5)
ridgeline setback and slope requirements, in that order.