HomeMy WebLinkAboutCD Ministerial Review of Two-Unit Residential Developments and Urban Lot Splits Pursuant to Senate Bill 9 (SB 9) PPTSenate Bill 9 –The California Home Act (Atkins) Two Unit Developments and Urban Lot Splits San Rafael City Council December 20, 2021 SB 9: The California HOME Act (Atkins) Requires ministerial approval of a/an: •Two-unit housing development –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 San Rafael City Council December 20, 2021 2 SB 9: The California HOME Act (Atkins) •Approvals must be based only on objective standards (and cannot preclude construction of 2 units of < 800 sf) •Denials only permitted if projects do not meet objective standards or if there are “specific, adverse impacts” on public health and safety •Limits how jurisdictions can regulate SB 9 projects San Rafael City Council December 20, 2021 3 Which parcels are affected by SB 9: Qualifying Criteria All single-family residential zoned properties within urbanized areas, EXCEPT: •Historic properties and districts •Properties where the Ellis Act was used to evict tenants in the last 15 years •Environmentally sensitive areas and environmental hazard areas Additionally, demolition is generally not permitted for rental units or deed-restricted rental units San Rafael City Council December 20, 2021 4 What Can Be Built: Current Law Under current state law, single-family zoned property allows 3 units: 1 primary dwelling unit 1 accessory dwelling unit (ADU) 1 junior accessory dwelling unit (JADU) 3 Total Housing Units San Rafael City Council December 20, 2021 5 What Can Be Built: Lots Not Being Subdivided (Two-Unit Developments) •Vacant lot: Build two primary dwelling units •Lot with a single family home: add an additional primary dwelling unit •It is still unclear how many ADUs and JADUs may be allowed San Rafael City Council December 20, 2021 6 What Can Be Built: Urban Lot Splits •Homeowners can build 2 homes on each of the 2 new lots, allowing for a total of 4 units •If there are existing units, new homes can be added to result in a maximum of 4 potential units San Rafael City Council December 20, 2021 7 Development Standards •Parcels •Minimum Lot Size: 1,200 sq. ft. •Smaller proposed lot at least 40% of existing lot •Setbacks •Conversion/replacement of existing structure •Side and rear setback of 4 feet San Rafael City Council December 20, 2021 8 Standards Reserved to City Discretion 1.Parking. Can require one space per unit, unless located within: a.½ mile of a high-quality transit corridor b.½ mile of a major transit stop c.One block of a car share vehicle 2.ADUs. Can restrict urban lot splits to 2 units per parcel (i.e. no ADUs allowed) San Rafael City Council December 20, 2021 9 Public Comment 1.Eichler Alliance District requirements 2.Building permit fees 3.Affordability requirement San Rafael City Council December 20, 2021 10 Recommendation & Next Steps Adopt a Resolution Directing the Preparation of Interim Guidance Rules and Regulations to Implement SB 9—the California Home Act; and Directing the Preparation of an SB 9 Implementing Ordinance San Rafael City Council December 20, 2021 Questions San Rafael City Council December 20, 2021 11