HomeMy WebLinkAboutCC Resolution 15015 (Ministerial Review of Two-Unit Residential Developments and Urban Lot Splits Pursuant to Senate Bill 9 (SB 9))1
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RESOLUTION NO. 15015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DIRECTING STAFF TO PREPARE AN INTERIM GUIDANCE DOCUMENT
ESTABLISHING STANDARDS AND REVIEW PROCEDURES FOR MINISTERIAL
REVIEW OF TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT
SPLITS TO IMPLEMENT SB 9 - THE CALIFORNIA HOME ACT; AND
DIRECTING THE PREPARATION OF AN SB 9 IMPLEMENTING ORDINANCE
WHEREAS, Senate Bill 9 (Atkins) (“SB 9”), entitled the California Home Act, was
signed into law by the Governor on September 19, 2021 and becomes effective on
January 1, 2022; and
WHEREAS, SB 9 amends Government Code Section 66452.6, and adds two new
Government Code Sections 65852.1 and 66411.7; and
WHEREAS, SB 9 requires cities and counties, including charter cities, to provide
for the ministerial approval of a housing development containing two residential units of
at least 800 square feet in floor area (“duplex”) and a parcel map dividing one existing lot
into two equal parts (“lot split”) within a single-family residential zone for residential use;
and
WHEREAS, SB 9 eliminates discretionary review and public oversight of proposed
subdivisions of one lot into two parcels by removing public notice and hearings by the
Planning Commission, by requiring administrative review of the project, and by providing
ministerial approval of a lot split; and
WHEREAS, SB 9 exempts projects authorized thereunder from environmental
review pursuant to the California Environmental Quality Act (CEQA), by establishing a
ministerial review process without discretionary review or a public hearing; and
WHEREAS, SB 9 further stipulates that a city or county cannot require an urban
duplex project to comply with any standard that would prevent two units of at least 800
square feet each from being built on each resultant lot, and prohibits a local agency from
imposing regulations that require dedications of rights-of way or the construction of offsite
and onsite improvements for parcels created through a lot split; and
WHEREAS, in addition to various constraints on SB 9 developments as set forth
therein, SB 9 also authorizes cities and counties to enact local SB 9 implementation
ordinances and guidelines that are objective and that are not inconsistent with its
mandatory provisions; and
WHEREAS, due to SB 9’s effective date of January 1, 2022, there is insufficient
time for a publicly-considered implementation ordinance to be developed, publicly
reviewed, and adopted by January 1, 2022; however, in the short-term, the City may
develop interim regulations and standards to guide City Departments to implement SB 9
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until such time as an implementation ordinance may be considered by the City Council
for adoption; and
WHEREAS, adoption of this Resolution and the interim SB 9 guidance document
are not projects under the California Environmental Quality Act pursuant to Government
Code sections 65852.21(j) and 66411.7(n);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael:
Section 1. The City of San Rafael finds and declares that urban housing
developments authorized under SB 9 are a valuable form of housing that allows for the
expansion of affordable and flexible housing options.
Section 2. The purpose of this resolution is to establish and adopt interim guidance
to comply with Government Code Sections 65852.21 and 66411.7 until an SB 9
implementation ordinance may be prepared and considered for adoption by the City
Council. This resolution identifies provisions and standards that shall apply to SB 9 urban
lot splits and SB 9 urban duplexes.
Section 3. The City Manager, Community Development Department Director, and
City Attorney are directed to establish application procedures for SB 9 urban duplexes
and urban lot split applications.
Section 4. The City Manager, Community Development Department Director, and
the City Attorney are further directed to consult with the appropriate City Departments
and staff to develop an SB 9 implementation ordinance for presentation to, and
consideration by, the City Council.
Section 5. Interim SB 9 Implementation Rules and Regulations. The City
Council hereby establishes and adopts the following rules, regulations and standards for
all projects proposed pursuant to the authority of SB 9 (Government Code sections
65852.21 et seq. and 66411.7 et seq.):
1. All SB 9 urban duplexes and urban lot splits shall be subject to applicable
existing objective development standards including, but not limited to those
set forth in the General Plan 2040, Downtown Precise Plan, and the San
Rafael Municipal Code.
2. All SB 9 urban duplexes shall meet the requirements mandated by SB 9.
(Government Code sections 65852.21(a), (b)(2), (e), (g), and (h).)
3. All SB 9 urban duplexes shall be subject to the following conditions (which
conditions are reserved to City discretion pursuant to SB 9):
a. Setbacks of up to four feet from side and rear yard lot lines, except
No setback shall be required for an existing structure constructed in
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the same location and to the same dimensions as an existing
structure. (Gov. Code § 65852.21 (b)(2)(B)(ii).)
b. One off-street parking space per unit, except no parking shall be
required in either of the following instances:
i. The parcel is located within one-half mile walking distance of
either a high-quality transit corridor, as defined in subdivision
(b) of Section 21155 of the Public Resources Code, or a major
transit stop, as defined in Section 21064.3 of the Public
Resources Code. (Gov. Code § 65852.21(c)(1).)
ii. There is a car share vehicle located within one block of the
parcel.
c. The City shall deny an SB 9 housing development application if the
Building Official makes a specific written finding that the
development project would have an adverse impact as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5,
upon public health and safety or the physical environment and for
which there is no method to mitigate or avoid the specific, adverse
impacts. (Gov. Code § 65852.21(d).)
d. The City shall not permit any ADUs or JADUs on parcels that use
both the authority of Government Code section 65852.21 (SB 9
housing developments) and section 66411.7 (SB 9 urban lot splits.)
4. All SB 9 urban lot splits shall meet the requirements mandated by SB 9.
(Government Code sections 66411.7(a), (b), (c)(2), (f), (g), (h), (k) and (l).)
5. All SB 9 urban lot splits shall be subject to the following conditions (which
conditions are reserved to City discretion pursuant to SB 9):
a. Setbacks of up to four feet from side and rear yard lot lines, except
no setback shall be required for an existing structure constructed in
the same location and to the same dimensions as an existing
structure. (Gov. Code § 66411.7(c)(3).)
b. The City shall deny an SB 9 housing development application if the
Building Official makes a specific written finding that the
development project would have an adverse impact as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5,
upon public health and safety or the physical environment and for
which there is no method to mitigate or avoid the specific, adverse
impacts. (Gov. Code § 66411.7 (d).)
c. Each lot created by an SB 9 urban lot split must adjoin the public
right-of-way, or provide access to the public right-of-way, by way of
a recorded access easement in favor of the parcel requiring ROW
access. (Gov. Code § 66411.7(e)(2).)
d. One off-street parking space per unit, except no parking shall be
required in either of the following instances:
i. The parcel is located within one-half mile walking distance of
either a high-quality transit corridor, as defined in subdivision
(b) of Section 21155 of the Public Resources Code, or a major
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transit stop, as defined in Section 21064.3 of the Public
Resources Code.
ii. There is a car share vehicle located within one block of the
parcel. (Gov. Code § 66411.7(e)(3).)
e. The City shall not permit more than two units of housing, including
primary dwelling units, SB 9 housing development units, ADUs,
and/or JADUs, on lots created pursuant to the authority of
Government Code section 66411.7 (SB 9 urban lot splits). (Gov.
Code § 66411.7(j).)
EFFECTIVE PERIOD.
This Resolution shall become effective immediately upon adoption and shall expire, and be
of no further force effect, upon the effective date of an ordinance, adopted by the City
Council, implementing the provisions of SB 9.
SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a
particular situation is held by a court to be invalid, void or unenforceable, the remaining
provisions of these findings, or their application to other actions related to the Project
Revisions, shall continue in full force and effect unless amended or modified by the City.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was regularly introduced and adopted at a regular meeting of the City
Council held on Monday, the 20th day of December 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill & Llorens Gulati
Lindsay Lara, City Clerk