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Home My WebLink AboutSB 9 and SB 10 (Item 11) SB 9 and SB 10 Presented on: December 21 , 2021 �1 , Senate Bill (SB) 9 (Atkins) Effective January 1 ., 2022 Summary: SB 9 creates opportunities for greater infill housing density by requiring cities to ministerially approve a housing development containing two residential units in single-family residential zones. Additionally, the bill requires ministerial approval of a parcel map for an urban lot split that meets certain requirements. Governor Signed Bill on September 16, 2021 Two - Unit Developments and Urban Lot Splits • The City must ministerially approve a proposed housing development containing no more than two residential units within asingle-family residential zone. • The City must ministerially approve a parcel map subdividing one residential lot into two without discretionary review or a hearing provided the split results in two new lots of approximately equal size (60/40) and the newly created lots are no smaller than 1 ,200 square feet. Two - Unit Developments and Urban Lot Splits Qualifying Criteria: • The site is in asingle-family residential zone. • The lot is in an urbanized area . • The lot is not located in an environmentally sensitive or dangerous area . • The site is not a historic landmark or within a designated historic district. Two - Unit Developments and Urban Lot Splits Qualifying Criteria (cont.): • The proposed project cannot involve demolition or alteration of: • Housing that has been occupied by a tenant within the last 3 years; • Deed-restricted affordable housing; • Housing that is subject to local rent or price control; or • Housing that was withdrawn from the rental market within the last 15 years to avoid rent control. • The proposed project cannot involve demolition of more than 250 of the existing exterior walls of an existing dwelling unless: • Permitted by local ordinance; or • The site has not been occupied by a tenant in the last 3 years. Urban Lot Splits Only Qualifying Criteria (cont.): • The existing lot was not established through a prior SB 9 lot split. • Neither the owner nor anyone acting in concert with the owner previously subdivided an adjacent parcel through a SB 9 lot split. Two - Unit Developments and Urban Lot Splits Standards and Limitations: • Design Standards - City may impose objective zoning, subdivision, and design review standards, provided such standards do not preclude the construction of two units with at least 800 square feet of floor area. • Setbacks - no setbacks are required for an existing structure or structure constructed in the same location and to the same dimensions as an existing structure. Otherwise, City may require 4-foot side and rear yard setbacks. Two - Unit Developments and Urban Lot Splits Standards and Limitations (Cont.): • Off-street Parking - one space per unit, except no parking required for projects: o Located within half-mile walking distance of public transit; or o Car share vehicle located within one block. • Short-term Rentals - City must require that a rental of any unit created pursuant to SB 9 be for a term longer than 30 days. • Project Denial - City may deny a proposed project if the building official makes a written finding that the project would have a specific, adverse impact, upon public health and safety or the physical environment and for which there is no way to mitigate. Urban Lot Splits Only Standards and Limitations (cont.): • Dedications & Offsite Improvements - City may not require right- of-way dedications or construction of offsite improvements. • Easements - City may require easements for the provision of public services and facilities. • Access - City may require the parcels to have access to, provide access to, or adjoin the public right-of-way. • Residential - City must require that the uses allowed on a lot be limited to residential uses. • Owner Occupancy - Applicant must sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of the lot split. Unit Count/ADUs and JADUs • City is not required to allow more than two primary units on a parcel created pursuant to SB 9. • City is not required to permit an ADU or JADU when a lot is created by an SB 9 urban lot split and developed with an SB 9 two-unit development. Proposed Code Amendments • In order to implement SB 9, Staff is proposing that amendments be made to the Article 9 (Land Use Code) of the TCC that will establish objective development standards and application and ministerial review procedures for proposed SB 9 two-unit residential developments and urban lot splits. • Staff is also proposing adding a new section to the City's existing subdivision ordinance to specifically address parcel maps for urban lot splits. Since parcel maps for urban lot splits must be approved ministerially, and the City will not have the ability to impose discretionary conditions of approval, new procedures for these unique new types of subdivision maps must be adopted. • In addition to the requirements, qualifications, and limitations expressly required by SB 9, the proposed new Code provisions would contain objective design and development standards to ensure that new residential units and lots developed pursuant to SB 9 are attractive, and compatible with the existing development and, to the extent allowed by law, do not substantially alter the residential character of the neighborhoods in which they are located. Proposed Code Amendments • The proposed code amendments may include standards specifically addressing multiple matters, including but not limited to the following: • Unit Size • limiting lots created by urban lot splits to • Height/Stories having two housing units • Setbacks • limiting separate conveyance of units on • Building Separation the same lot • Maximum Lot Coverage • establishing application procedures and • Maximum Front Setback Hardscape requirements, including requirements Coverage Limit pertaining to verification that the subject • Minimum Required Open Space/Rec. property has not been occupied by Areas tenants within the last 3 years • Landscaping Perimeter Block Walls requiring recordation of a deed restriction • Minimum Unit Design Standards containing specified provisions; • Requirements for Driveways, Access, and Circulation • Address Identification Senate Bill (SB) 10 (Weiner) Effective January 1 , 2022 Summary: SB 10 authorizes cities to adopt an ordinance to allow up to ten dwelling units on any parcel, at a height specified in the ordinance if the parcel is in a transit-rich area or urban infill site. SB 10 Qualifying Criteria : • The parcel is located within a " transit- rich ' area or an " urban infill site . " • The parcel is not in a very high hazard severity zone . • The parcel is not designated by voter initiative as open space , park or recreational areas . SB 10 Standards and Limitations: • SB 10 ordinance must be adopted prior to January 1 ,. 2029 . • Adotion of SB 10 ordinance is not subject t o CFluA . • No downzoninp . • No subsequenreductions . • Up to two ADUs and two JADUs per parcel . Next Steps Senate Bill 9 In January/February, staff will bring forward a Draft Ordinance for the implementation of SB B 9 before the Planning Commission and then to the City Council for consideration and adoption. The Draft Ordinance would include provisions and development standards to ensure additional housing units will be built in an orderly manner. Senate Bill 10 No immediate action isroposed. However, staff will continue to monitor and evaluate �B 10 for any potential impacts and/or opportunities. Questions ?