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Home My WebLink AboutCD SB 9 Housing Development and Urban Lot Split Regulations PPTSenate Bill 9 –The California Home Act (Atkins) Two Unit Developments and Urban Lot Splits Draft Ordinance to Implement SB 9 San Rafael City Council July 18, 2022 Timeline 2 Sep. 16, 2021:SB 9 Signed into law Dec. 20, 2021:City Council adopted resolution for interim SB 9 guidance and direction to prepare ordinance Jan. 1, 2022:SB 9 Takes effect May 24, 2022:Planning Commission hearing on the draft ordinance July 18, 2022: Council consideration of SB 9 Ordinance San Rafael City Council July 18, 2022 SB 9: The California HOME Act (Atkins) Requires ministerial (by-right) approval in all single-family zoning districts of a/an: •SB 9 Housing Development –Up to two homes on a single-family residential parcel •Urban lot split -A one-time subdivision of an existing single-family residential parcel into two parcels 3San Rafael City Council July 18, 2022 SB 9: The California HOME Act (Atkins) Approvals must be based only on objective standards (cannot preclude construction of 2 units of min. 800 sf) Denials only permitted if there are “specific, adverse impacts” on public health and safety Limits how jurisdictions can regulate SB 9 projects 4San Rafael City Council July 18, 2022 SB 9: Qualifying Criteria 5 All single-family residential zoned properties within urbanized areas, EXCEPT: •Environmentally sensitive areas and environmental hazard areas (unless certain standards are met) •Properties where the Ellis Act was used to evict tenants in the last 15 years •Historic properties and districts Additionally, demolition is generally not permitted for rental units or deed-restricted rental units San Rafael City Council July 18, 2022 Single- Family Zoning in San Rafael 6San Rafael City Council July 18, 2022 Mandated Housing Development Standards 7 1.Floor Area (min.):800 sq. ft. per unit 2.Rear Setback (max.):4 ft. 3.Side Setback (max.):4 ft. 4.No setbacks for replacing/converting existing structure 5.Max. parking space:1 per dwelling* San Rafael City Council July 18, 2022 Half-Mile Transit Buffer 8San Rafael City Council July 18, 2022 Number of Units 9San Rafael City Council July 18, 2022 Original Primary Unit ADU 3 Units Total: Primary Unit + ADU + JADU JADU Original Primary Unit SB 9 Unit ADUADU 4 Units Total: 2 Primary Units + 2 ADUs New Property Line Original Primary UnitSB 9 Unit SB 9 Unit SB 9 Unit 4 Units Total: 4 Primary Units Existing Single-Family Zoned Parcel SB 9 Development (no lot split) SB 9 Development w/ Urban Lot Split Maximum Height 10San Rafael City Council July 18, 2022 Floor Area 11San Rafael City Council July 18, 2022 •Max. lot coverage: 20% to 40% •Max. upper floor area •50% of lot coverage (lots < 5,000 sf) •75% of lot coverage (lots 5,000 sf) •Additional Hillside requirements Urban Lot Split –Mandated Standards 12 •Maximum 2 new parcels •Smaller parcel shall be not less than 40% of the lot area proposed for subdivision •Each parcel must have a minimum size of 1,200 sq. ft. San Rafael City Council July 18, 2022 Urban Lot Split –Recommended Standards 13 •Require easements for the provision of public services and facilities •Require that each parcel shall have access to, provide access to, or adjoin the public right-of-way San Rafael City Council July 18, 2022 Prototypical Duplex Streetscape 14 Two –Duplex A: Lot Split Duplex: Standard Lot Two –Duplex B: Lot Split Source:San Rafael City Council July 18, 2022 Duplex & 2 ADUs –No Subdivision 15Source:San Rafael City Council July 18, 2022 ADU 1,200 sf ADU 1,200 sf Duplex & 2 ADUs –No Subdivision 16 Front Elevation Source:San Rafael City Council July 18, 2022 17 Side Elevation ADU 1,200 sf Duplex & 2 ADUs –No Subdivision Source:San Rafael City Council July 18, 2022 2 Attached Duplexes -Subdivision 18Source:San Rafael City Council July 18, 2022 2 Attached Duplexes -Subdivision 19 Front Elevation Source:San Rafael City Council July 18, 2022 2 Attached Duplexes -Subdivision 20Source:San Rafael City Council July 18, 2022 Side Elevation 2 Detached Duplexes -Subdivision 21Source:San Rafael City Council July 18, 2022 2 Detached Duplexes -Subdivision 22 Front Elevation Source:San Rafael City Council July 18, 2022 2 Detached Duplexes -Subdivision 23 Side Elevation Source:San Rafael City Council July 18, 2022 Revision –Section 14.16.282.C.1.f.iii (pg. 5) 24San Rafael City Council July 18, 2022 A single-family home with an ADU and JADU that was issued a building permit prior to July 18, 2022, shall not otherwise preclude an applicant from developing an additional primary two dwelling units pursuant to the provisions of this Section on a vacant lot created through an Urban Lot Split (Chapter 15.155). Revision –Section 2 25San Rafael City Council July 18, 2022 BE IT ORDAINED by the City of San Rafael as follows: Section 1.The above findings are adopted and incorporated herein. Section 2.Section 14.16.282 (SB 9 Housing Developments)is added to Chapter 14.16 (Site and Use Regulations)of Division IV (Regulations Applying in All or Several Districts)of Title 16 14 (Zoning)of the San Rafael Municipal Code as set forth below. Conclusion