HomeMy WebLinkAboutCD SB 9 Housing Development and Urban Lot Split Regulations____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: July 18, 2022
Disposition: Passed Ordinance No. 2013 to print
Agenda Item No: 5.a
Meeting Date: July 18, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: COMMUNITY DEVELOPMENT
Prepared by: Alicia Giudice, Community
Development Director
Leslie Mendez, Planning Manager
Jeff Ballantine, Senior Planner
City Manager Approval: ______________
TOPIC: SB 9 HOUSING DEVELOPMENT AND URBAN LOT SPLIT REGULATIONS
SUBJECT: AN ORDINANCE AMENDING TITLE 14 (ZONING ORDINANCE) AND TITLE 15
(SUBDIVISIONS) OF THE SAN RAFAEL MUNICIPAL CODE RELATED TO
REGULATIONS TO IMPLEMENT PROVISIONS OF SB 9
RECOMMENDATIONS:
Pass to print an Ordinance of the City of San Rafael Amending Title 14 (Zoning Ordinance) and Title 15
(Subdivisions) of the San Rafael Municipal Code Related to Regulations for Two-Unit Housing
Developments and Urban Lot Splits.
BACKGROUND:
On September 16, 2021, Governor Newson signed SB 9, the California Home Act, into law which requires
municipalities to allow additional housing development on single-family zoned parcels through
subdivisions and additional primary residential units.
This bill, which took effect on January 1, 2022, consists of two primary components:
1)SB 9 Housing Development (Government Code Section 65852.21).1 Provisions to allow
development of up to two primary residential units on lots in single-family zoning districts; and
2)Urban Lot Splits (Government Code Section 66411.7). Provisions to allow the subdivision of lots
in single-family zoning districts into two lots.
SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk,
etc.), anti-displacement measures for renters and low-income households, and the protection of historic
structures and districts. SB 9 requires that, except as specifically provided within the bill, local agencies
may only apply existing objective development standards (i.e., objective zoning, design review, and
1 Staff previously referred to SB 9 Housing Development as Two-Unit Development. However, as these
developments allow the construction of one or two units, to avoid confusion, staff has renamed these as
“SB 9 Housing Developments.”
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
subdivision standards) to SB 9 projects, provided the standards do not physically preclude the division of
an otherwise eligible lot into two parcels and the construction of up to two units that are at least 800
square feet in floor area with four-foot side and rear yard setbacks, on each of the existing or newly
created lots.
SB 9 projects may only be denied if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing development project would have a specific,
adverse impact upon public health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
At the December 20, 2021 City Council Meeting, the City Council adopted a resolution directing staff to
prepare an interim guidance document establishing standards and review procedures for ministerial
review of SB 9 residential developments and Urban Lot Splits to implement SB 9. In addition, the Council
requested staff to prepare an ordinance to implement SB 9 for Council consideration.
At the May 24, 2022 Planning Commission meeting, the Planning Commission considered the draft
ordinance, received all public comment, and unanimously recommended City Council adopt the
ordinance establishing regulations to implement the components of SB 9. One member of the public from
Sustainable San Rafael expressed support for smaller, affordable by design units that this Ordinance
would support and expressed concern about setting aside the Natural State standards (see follow up
discussion in Analysis below).
Subsequent to the Planning Commission hearing, staff received verbal community comment on the draft
ordinance which expressed concern as to: 1) the allowable height of structures within reduced setbacks;
and 2) the ability to create more than four residential units on an existing single-family zoned parcel. The
attached ordinance (Attachment 1) includes the regulations reviewed and recommended by the Planning
Commission with modifications made by staff as more fully discussed below.
ANALYSIS:
Senate Bill 9 is the product of a multi-year effort by the California Legislature to develop solutions to
address the state’s housing crisis. The bill aims to streamline and encourage the production of infill
housing by allowing ministerial (by-right) review of such development on single-family zoned parcels and
requiring a local agency to impose only existing objective zoning standards, objective subdivision
standards, and objective design standards. SB 9 would apply to approximately 10,000 parcels within the
City. See Attachment 2 for a map of parcels zoned single-family, including single-family Planned
Development (PD) within the City.
The City’s Municipal Code contains objective standards in Title 14 (Zoning) and Title 15 (Subdivisions)
that will apply to SB 9 Housing Developments and Urban Lot Splits, except where preempted by the
standards imposed by SB 9.
The following is a discussion of the standards imposed by SB 9, those left to the City’s discretion, and
staff’s recommendation on implementation of the discretionary standards.
SB 9 Housing Development Standards:
Density: SB 9 prohibits the imposition of any development standard that would preclude the
construction of up to two primary residential units of 800 square feet in size. SB 9 Developments that
do not include an Urban Lot Split may construct additional ADUs as per the City’s adopted ADU
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ordinance. SB 9 does allow the City to restrict the total number of units to four, inclusive of ADUs, for
sites that utilize both the Urban Lot Split and SB 9 Development provisions in SB 9.
Analysis: Initially, staff recommended that ADUs be permitted in addition to two primary units on SB
Developments that utilize the Urban Lot Split. This would have allowed a total of eight (8) residential
units on a current single-family zoned parcel. Based on feedback received after the May 24th Planning
Commission hearing, staff conducted further analysis on various potential scenarios. Based on this
analysis, staff has revised the recommendation to limit the total unit count to two per parcel, or four
total, for SB 9 developments that utilize the Urban Lot Split. See Figure 1 below for various SB 9
Development Scenarios. Staff believes that restricting the unit count to four provides the optimal
balance of encouraging infill housing production while minimizing impacts to the surrounding
community.
Figure 1: Maximum SB 9 Density Scenarios
Maximum Floor Area: The City may choose to limit the size of SB 9 Units to 800 square feet or greater.
Analysis: Staff believes that existing development standards, particularly lot coverage restrictions and
Natural State restrictions where applicable will adequately limit the overall size of SB 9 development
consistent with other types of residential development
Setbacks: SB 9 imposes a maximum four-foot rear and side yard setback—cities may opt for less—
but does not allow any setback to be imposed on an existing structure or a structure constructed in
the same location and to the same dimensions as an existing structure.
Analysis: Staff does not believe setbacks less than the 4-foot rear and side yard are warranted.
Height: The City may choose to limit the height of SB 9 development.
Analysis: Initially, staff recommendation did not include a height limitation on SB 9 development
beyond the underlying zoning district standard. After further reflection based on feedback after the
May 24th Planning Commission hearing, staff is recommending the adoption of a 16-foot height limit
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
for any portion of an SB 9 Development that is located outside the underlying zoning District’s required
side and rear setbacks. This option would allow the flexibility for development that falls within the
underlying district’s setbacks to take advantage of the 30-foot height limit. Buildings or portions of
buildings located outside the underlying district’s side and rear yard setbacks would be subject to a
16-foot height limit, commensurate with the allowable height of ADUs that also have a maximum four-
foot rear and side yard setback.
Figure 2: Recommended Height SB 9 Developments (on sample R7.5 parcel)
Parking: SB 9 imposes a maximum of one parking space per dwelling unit—cities may opt for less—
however, no parking is required if a parcel is located within one-half mile walking distance of a high-
quality transit corridor or if there is a car share vehicle located within one block of the parcel.
Analysis: Staff does not believe the City should allow for fewer parking spaces.
See Attachment 3 for a table summarizing SB 9 Development Standards as recommended by staff.
Urban Lot Split Subdivision Standards:
SB 9 allows the subdivision of a single-family zoned parcel into two, known as an Urban Lot Split. Urban
Lot Splits are subject to the objective standards found within San Rafael’s Municipal Code (SRMC) Title
15 – Subdivisions, except as provided for below:
General Prohibitions: The City cannot impose standards that would physically preclude the
construction of two units on either of the resulting parcels or that would result in a unit size of less
than 800 square feet. In addition, the City is prohibited from requiring dedications of rights-of-way or
the construction of offsite improvements and shall not require the correction of nonconforming zoning
conditions as part of any approval for these types of projects.
Analysis: None warranted.
Minimum Lot Size: SB 9 mandates that the Urban Lot Split create no more than two new parcels of
approximately equal lot area and the smaller parcel shall be no less than forty (40) percent of the lot
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
area proposed for subdivision and that each parcel have a minimum size of 1,200 square feet, unless
authorized by ordinance.
Analysis: Staff does not believe a lot size of less than 1,200 square feet for the development is
warranted.
Public Service Easements and Access to the Public Right-of-Way: SB 9 allows the City to require
parcels created through an Urban Lot Split to provide public service (e.g., water, sewage, electricity,
etc.) easements and to require access to the public right-of-way.
Analysis: Staff believes requiring parcels to provide public service easements and to have access to
the public right-of-way are imperative for public health and safety.
Elections to Objective Development standards:
SB 9 requires a local agency to eliminate objective development standards applicable to either an Urban
Lot Spit or a SB 9 Development on a project-by-project basis if the standards would prevent an otherwise
eligible lot from being split or prevent the construction of up to two units of at least 800 square feet in
size. To assist in the streamlined processing of such future applications that require exceptions to the
objective standards and to provide transparency to both applicants and neighboring residents, staff
recommends the City adopt a hierarchy of development standards to be set aside until the site can
contain two, 800-square-foot units. The order commences with the most restrictive standards, with the
reasoning that accommodation could be achieved upon the first waiver without the need to waive all
established standards, which could be the case if the order were reversed. Therefore, the recommended
election of standards is:
1. Natural State (where applicable)
2. Lot Coverage
3. Front Setbacks
4. Second Floor Area limitations
The attached proposed ordinance would establish local regulations to implement provisions of SB 9 and
would add a new Section to Title 14 of the San Rafael Municipal Code (SRMC) Zoning Ordinance to
address SB 9 Housing Developments, a new Chapter to Title 15 of the SRMC Subdivision Ordinance to
address Urban Lot Splits, and relevant text amendments throughout Title 14 and Title 15 to reflect SB 9
requirements.
ENVIRONMENTAL DETERMINATION:
Pursuant to Government Code sections 65852.21(j) and 66411.7(n), the City may adopt an ordinance to
implement the provisions of Government Code Sections 65852.21 and 66411.7, and such an ordinance
shall not be considered a project under the California Environmental Quality Act (“CEQA”).
COMMUNITY OUTREACH:
On May 24, 2022, the Planning Commission of the City of San Rafael held a duly noticed public hearing
at which the Planning Commission received all public comments and a report provided by the Community
Development Department and approved a resolution recommending the City Council amend the
Municipal Code regarding the regulation of accessory dwelling units.
On June 30, 2022, a public hearing was mailed to interested parties and was noticed in the Marin
Independent Journal on July 2, 2022 for the City Council to receive public comments and consider an
ordinance amending the San Rafael Municipal Code.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
FISCAL IMPACT: There is no direct fiscal impact to the City in connection with the action requested in
this report.
OPTIONS:
1. Pass the ordinance to print,
2. Do not approve the ordinance, and direct staff to return with additional information or changes to
the ordinance.
RECOMMENDED ACTION:
Pass to print an Ordinance of the City of San Rafael Amending Title 14 (Zoning Ordinance) and Title 15
(Subdivision Ordinance) of the San Rafael Municipal Code related to regulations to Implement the SB 9
Housing Development and Urban Lot Split provisions of SB 9.
ATTACHMENTS:
1. Ordinance
2. San Rafael Map showing Single-Family Zones (including single-family PD zoning)
3. Table of SB 9 Housing Development Standards for 1 & 2 Primary Units as Recommended by
Staff
4. Planning Commission Resolution (without attachment)
5. Report to the Planning Commission, dated May 24, 2022
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ORDINANCE NO. 2013
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING SECTION 14.16.282 (SB
9 HOUSING DEVELOPMENTS) TO CHAPTER 14.16 (SITE AND USE
REGULATIONS) OF DIVISION IV (REGULATIONS APPLYING IN ALL OR SEVERAL
DISTRICTS) OF TITLE 14 (ZONING) AND CHAPTER 15.155 (URBAN LOT SPLITS)
TO TITLE 15 (SUBDIVISIONS) OF THE SAN RAFAEL MUNICIPAL CODE, TO
IMPLEMENT GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 (SENATE
BILL 9) RELATED TO SB 9 HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted Sections 66411.7 and
65852.21 to the Government Code, effective January 1, 2022; and
WHEREAS, these provisions require the City to provide ministerial approval of
urban lot splits (“Urban Lot Splits”) and the construction of up to two residential dwelling
units (“SB 9 Housing Developments”) on each single-family residential zoned lot within
the City, subject to certain limitations; and
WHEREAS, Government Code Section 66411.7(a) limits eligibility of Urban Lot
Splits by size and proportionality; and
WHEREAS, Government Code Sections 66411.7(a)(3)(C) and 65852.21(a)(2)
limit Urban Lot Splits and SB 9 Housing Developments, respectively, to sites that are
not located on or within certain farmland, wetlands, very high fire hazard severity zones,
hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory
floodways, lands identified for conservation, habitats for protected species, and historic
properties, unless projects on such sites meet specified conditions; and
WHEREAS, Government Code Sections 66411.7(a)(3)(D) and 65852.21(a)(3)
through (a)(5) limit eligibility of an Urban Lot Split and an SB 9 Development,
respectfully, that proposes to demolish or alter housing subject to affordability
restrictions, housing subject to rent or price controls, housing that has been occupied by
a tenant in the last three years, housing that has been withdrawn from rent or lease
within the past 15 years, and housing that requires demolition of existing structural walls
unless authorized by local ordinance or has not been tenant-occupied within the past 3
years; and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E)
allow a city to deny an Urban Lot Split for properties within a historic district or listed on
the State’s Historic Resource Inventory or within a site that is designated or listed as a
city or county landmark or historic property or district pursuant to a city or county
ordinance; and
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WHEREAS, Government Code Sections 66411.7(c) and 65852.21(b) allow a city
to establish objective zoning standards, objective subdivision standards, and objective
design review standards for Urban Lot Splits and SB 9 Housing Developments,
respectively, subject to limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards,
and objective design review standards may not have the effect of “precluding the
construction of two units on either of the resulting parcels from an Urban Lot Split or that
would result in a unit size of less than 800 square feet” for an SB 9 Development; and
WHEREAS, Government Code Sections 66411.7 and 65852.21 allow a city to
deny a proposed SB 9 Development or Urban Lot Split, respectively, if the project would
have a specific, 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 feasible method to satisfactorily mitigate or avoid
the specific, adverse impact; and
WHEREAS, pursuant to Government Code Sections 65852.21(j) and 66411.7(n),
the City may adopt an ordinance to implement the provisions of Government Code
Sections 65852.21 and 66411.7, and such an ordinance shall not be considered a
project under the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City Council desires to implement objective standards and an
application process for projects undertaken pursuant to Government Code Sections
65852.21 and 66411.7 by the adoption of such an ordinance.
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 14 (Zoning) of the San Rafael Municipal Code as
set forth below.
14.16.282 – SB 9 Housing Developments.
A. Purpose. The purpose of this section is to provide procedures and
development standards for the establishment of SB 9 Housing Developments
pursuant to Government Code Section 65852.21. To accomplish this
purpose, the regulations outlined herein are determined to be necessary for
the preservation of the public health, safety and general welfare, and for the
promotion of orderly growth and development.
Page 3 of 14
B. Filing, Processing and Action.
1. Ministerial Review. An SB 9 Housing Development shall be ministerially
approved, without discretionary review or hearing, if the proposed housing
development meets all provisions of this chapter. Review shall be done
through submittal of a building permit application.
2. The City shall act on an application for an SB 9 Housing Development
within 60 days of receipt of a complete application. If the applicant
requests a delay in writing, the sixty-day time period shall be tolled for the
period of the delay. The City has acted on the application if it:
a. Approves or denies the building permit for the SB 9 Development;
or
b. Informs the applicant in writing that changes to the proposed
project are necessary to comply with this chapter or other
applicable laws and regulations.
3. Adverse Impact Upon Health and Safety. A proposed SB 9 Housing
Development shall be denied if the Building Official makes a written
finding, based upon a preponderance of the evidence, that the proposed
SB 9 Housing Development would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section
65589.5 of the Government Code, upon public health and safety or the
physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
4. Limitations on Approval. A proposed SB 9 Housing Development shall not
be eligible for approval pursuant to this Chapter if any of the following
circumstances apply:
a. The SB 9 Housing Development would require demolition or
alteration of “protected housing.” Protected housing includes:
Housing that is subject to a recorded covenant, ordinance or
law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
Housing that is subject to rent control through valid local rent
control provisions.
Housing that has been occupied by a tenant in the last 3
years.
b. The SB 9 Housing Development would be located on a parcel on
which the owner has withdrawn it from renting or leasing under
Section 7060 of the Government Code within 15 years preceding
the development application (i.e., an exit of the rental housing
business pursuant to the Ellis Act).
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c. The SB 9 Housing Development would be located within a historic
district, would be included on the State Historic Resources
Inventory, or would be within a site that is legally designated or
listed as a city or county landmark or historic property or district.
d. The SB 9 Housing Development would be located in any of the
specified designated areas set forth in subparagraphs (B) to (K),
inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of
the California Government Code, unless requirements therein are
met.
C. Development Standards. The following objective development standards shall
apply to SB 9 Housing Developments. In addition to these standards, all
provisions of the California Building Code shall apply to SB 9 Housing
Developments.
1. General Standards.
a. SB 9 Housing Developments may either be detached or attached,
as long as attached structures meet building code safety standards
and are sufficient to allow separate conveyance.
b. SB 9 Housing Developments shall be permitted in all single-family
residential zones including R2a, R1a, R20, R10, R7.5, and R5.
c. Short Term Rentals Prohibited. The rental of any unit in an SB 9
Housing Development shall be for a term of longer than thirty (30)
days.
d. Utility Connections. Each primary unit in an SB 9 Housing
Development shall be served by separate water, sewer and
electrical utility connections which connect each unit directly to the
utility.
e. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units (JADUs) shall be permitted as set forth in Section 14.16.285 –
Accessory Dwelling Units on parcels not created through an Urban
Lot Split (Chapter 15.155).
f. On parcels created through an Urban Lot Split (Chapter 15.155)
that also contain an SB 9 Housing Development, accessory
dwelling units (ADUs) shall be permitted as set forth below:
i. An SB 9 Housing Development proposing one primary
dwelling unit shall be permitted either one ADU or one JADU
as set forth in Section 14.16.285 – Accessory Dwelling Units
on the parcel. All other provisions and development
standards of Section 14.16.285 shall apply.
ii. An SB 9 Housing Development proposing a total of two
primary dwelling units (where either of the two primary
dwelling units are existing or proposed) shall not be
permitted any ADU/JADU on the same parcel.
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iii. 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 two
dwelling units pursuant to the provisions of this Section on a
vacant lot created through an Urban Lot Split (Chapter
15.155).
iv. The rental of any ADU/JADU shall be for a term of longer
than thirty (30) days. This applies retroactively to any
existing ADU/JADU on a parcel that subsequently utilizes
the provisions of an SB 9 Development or an Urban Lot Split
(Chapter 15.155).
2. Objective Development Standards. All applicable objective development
standards set forth in Title 14 – Zoning of the San Rafael Municipal Code
apply to an SB 9 Housing Development. However, where the following
standards conflict or are inconsistent with objective development
standards in Title 14, the following standards shall prevail:
a. Four-foot rear and side yard setbacks are required.
b. Sixteen-foot height limit for portions of new development located
outside the minimum rear and side yard setbacks of the parcel’s
zoning district. This height limit shall not be imposed for an SB 9
Housing Development constructed in the same location and to the
same dimensions as an existing structure.
c. One off-street parking space is required per dwelling. No parking
shall be required if:
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; or
ii. There is a designated area where a car share vehicle may be
accessed within one block of the parcel.
3. Exceptions to Development Standards.
a. Notwithstanding subsection 2 of this section, all development
standards shall be subject to the following exceptions:
i. Any standards that would have the effect of physically
precluding the construction of two units of at least 800 square
feet shall not be imposed.
ii. Election of development standards. If necessary, objective
zoning, subdivision, or design standards will be set aside in
the following order until the site can contain two, 800-square-
foot units:
Page 6 of 14
a) Natural State (where applicable) or Lot Coverage,
whichever is more restrictive on the subject parcel;
b) Natural State (where applicable) or Lot Coverage,
whichever is less restrictive on the subject parcel;
c) Front Setbacks
d) Second Floor Area limitations
iii. No setback shall be imposed for an SB 9 Housing
Development constructed in the same location and to the
same dimensions as an existing structure.
b. SB 9 Housing Developments are not eligible for any additional
Exceptions, Variances, or other deviations from the objective
development standards.
Section 3. Chapter 15.155 (Urban Lot Splits) is added to Title 15 (Subdivisions) of the
San Rafael Municipal Code to read as follows:
CHAPTER 15.155
URBAN LOT SPLITS
15.155.010 Purpose and Intent
It is the purpose of this Chapter to provide procedures necessary for the
implementation of Section 66411.7 of the Government Code pertaining to Urban Lot
Splits. To accomplish this purpose, the regulations outlined herein are determined to
be necessary for the preservation of the public health, safety and general welfare, and
for the promotion of orderly growth and development.
15.155.020 Filing, Processing, and Action
A. Ministerial Review. An Urban Lot Split shall be ministerially approved, without
discretionary review or hearing, if the proposed subdivision meets all
provisions of this chapter and conforms to all applicable objective
requirements of the Subdivision Map Act (Division 2) commencing with
Section 66410 of the Government Code.
B. Parcel Map. Applicants for Urban Lot Splits shall submit a Parcel Map
application.
C. The City shall act on a Parcel Map application for an Urban Lot Split within 60
days of receipt of a complete application. If the applicant requests a delay in
writing, the 60-day time period shall be tolled for the period of the delay. The
City has acted on the application if it:
1. Approves or denies a Parcel Map application for an Urban Lot Split; or
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2. Informs the applicant in writing that changes to the proposed project are
necessary to comply with this Chapter or other applicable laws and
regulations.
D. Parcel maps for Urban Lot Splits shall not be conditioned on dedication of
right of way or construction of offsite improvements.
E. Adverse Impact Upon Health and Safety. A proposed Urban Lot Split shall be
denied if the Building Official makes a written finding, based upon a
preponderance of the evidence, that the proposed Urban Lot Split would have
a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5 of the Government Code, upon public
health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
F. Limitations on Approval. A proposed Urban Lot Split shall not be eligible for
approval pursuant to this Chapter if any of the following circumstances apply:
1. The proposed Urban Lot Split would require demolition or alteration of
“protected housing.” Protected housing includes:
a. Housing that is subject to a recorded covenant, ordinance or law
that restricts rents to levels affordable to persons and families of
moderate, low, or very low income.
b. Housing that is subject to rent control through valid local rent
control provisions.
c. A parcel on which the owner of residential real property has
withdrawn accommodations from rent or lease pursuant to Section
7060 of the Government Code within 15 years preceding the
development application (i.e., an exit of the rental housing business
pursuant to the Ellis Act).
d. Housing that has been occupied by a tenant in the last three years.
2. The parcel to be subdivided is located within a historic district, is included
on the State Historic Resources Inventory, or is within a site that is legally
designated or listed as a city or county landmark or historic property or
district.
3. The parcel to be subdivided is located in any of the specified designated
areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4 of the California Government Code and
does not satisfy the eligibility requirements therein.
4. The parcel to be subdivided has been established through prior exercise
of an Urban Lot Split pursuant to this Chapter.
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5. Either the owner of the parcel to be subdivided or any person acting in
concert with the owner has previously subdivided an adjacent parcel using
an Urban Lot Split pursuant to this Chapter. “Acting in concert” means the
owner, or a person acting as an agent or representative of the owner,
knowingly participated with another person in joint activity or parallel
action toward a common goal of subdividing the adjacent parcel.
15.155.030 Development Standards
The following objective development standards shall apply to Urban Lot Splits. In
addition to these standards, all provisions of the California Building Code shall apply to
Urban Lot Splits.
A. General Standards
1. Urban Lot Splits shall be permitted in all single-family residential zones
including R2a, R1a, R20, R10, R7.5, and R5.
2. Uses created through an Urban Lot Split shall be limited to residential
uses.
3. Short Term Rentals Prohibited. The rental of any unit created through an
Urban Lot Split, either primary or accessory, shall be for a term of longer
than thirty (30) days.
4. Accessory Dwelling Units. On parcels created through Urban Lot Splits
pursuant to this chapter, accessory dwelling units and junior accessory
dwelling units shall be permitted as follows:
a. An SB 9 Housing Development proposing one primary dwelling
unit shall be permitted either one ADU or one JADU as set forth
in Section 14.16.285 – Accessory Dwelling Units on the parcel.
All other provisions and development standards of Section
14.16.285 shall apply.
b. Lots with two SB 9 Housing Developments (where either of the
two primary dwelling units are existing or proposed) shall not be
permitted any ADU/JADU on the same parcel.
c. 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 two dwelling units
pursuant to the provisions of SRMC 14.16.282 on a vacant lot
created through an Urban Lot Split (Chapter 15.155).
d. The rental of any ADU/JADU shall be for a term of longer than
thirty (30) days. This applies retroactively to any existing
ADU/JADU on a parcel that subsequently utilizes the provisions
of an SB 9 Development or an Urban Lot Split (Chapter 15.155).
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5. Objective Development Standards. All applicable objective development
standards set forth in Title 14 – Zoning and Title 15 – Subdivisions of the
San Rafael Municipal Code apply to an Urban Lot Split in addition to, or
except as qualified, below.
6. Parcels created through Urban Lot Splits shall conform to the following:
a. One of the two parcels shall not be smaller than 40% of the lot area
of the original parcel area of the subdivision.
b. Each of the two parcels shall have a minimum lot size of 1,200
square feet.
c. Each parcel shall have access to, provide access to, or adjoin the
public right-of-way.
d. Each parcel shall possess easements and/or other necessary
property rights required for the provision of public services and
facilities.
B. Exceptions to Development Standards. Notwithstanding subsection A of this
section, all development standards shall be subject to the following:
1. Any standards that would have the effect of physically precluding the
construction of two units on either of the resulting parcels or that would
result in a unit size of less than 800 square feet, shall not be imposed.
2. No setback shall be imposed for an existing structure, or a structure
constructed in the same location and to the same dimensions as an
existing structure.
3. Correction of any legal nonconforming zoning condition shall not be
required as a condition of approval of an Urban Lot Split.
4. Urban Lot Splits are not eligible for any additional Exceptions, Variances,
or other deviations from the objective development standards.
Section 4: The following sections of Title 14 – Zoning of the San Rafael Municipal
Code are amended to read as follows. New wording is shown in underline and deletions
are shown in strikethrough.
Section 14.03.030 – Definitions. The following definition is added to this Section:
“SB 9 Housing Development” means a development in compliance with the
provisions of SB 9 HOME Act of SRMC Section 14.16.282 that contains no more than
two primary dwelling units.
Page 10 of 14
Table 14.04.020 in Section 14.04.020 – Land Use Regulations (R, DR, MR, HR, PD)
is amended as follows:
Type of Land
Use
R DR MR HR PD Additional Use Regulations
Residential
Uses
Duplex
residential
P* P P P C *Pursuant to regulations and restrictions outlined
in Section 14.16.282
Table14.04.030 - Property development standards (R) with footnotes is amended as
follows:
R2a R1a R20 R10 R7.5 R5 Additional
Standards
Minimum
lot area
(sq. ft.)
2 acres 1 acre 20,000 10,000 7,500 5,000/6,000
(corner)
(I)
Minimum
lot width
(ft.)
150 150 100 75 60 50/60
(corner)
(I)
Minimum
yards
Front (ft.) 20 20 20 20 15 15 (A), (B)
Side/street
side (ft.)
15 15 12′6″ 10 6 10% of lot
width, min.
3′, max. 5′
(C), (D),
(H)
Rear (ft.) 25 25 10 10 10 10 (H)
Maximum
height of
structure
30 30 30 30 30 30 (E), (H)
Page 11 of 14
R2a R1a R20 R10 R7.5 R5 Additional
Standards
(ft.)
Maximum
lot
coverage
20% 25% 30% 40% 40% 40%
Maximum
upper story
floor size
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
(E), (F),
(G)
Private
yard area
NR NR NR NR NR NR
Parking * * * * * * * Based
on use.
See 14.18
.040., (H)
(H) See Section 14.16.282.C. for property development standard applicable to SB 9 Housing
Developments.
(I) Parcels created through Chapter 15.155 (Urban Lot Splits) are exempt from these standards.
Section 14.12.030 – Property development standards (-H) is amended as follows:
Development standards shall be those of the underlying zoning district with which a
hillside development overlay district is combined, provided that the following shall be
in addition and shall govern where conflicts arise, except for subsection G, Lot
Standards, where the lot size standard of the underlying zoning district applies when
more restrictive than the subdivision ordinance. Subsections B, F, G, and I shall not
apply to SB 9 Housing Developments (regulated by section 14.15.282) or Urban Lot
Splits (regulated by Chapter 15.155 – Urban Lot Splits).
Section 14.12.040 – Exceptions to property development standards is amended as
follows:
City Council Exception Required. Exceptions to the property development standards of
this chapter may be approved by the city council, upon the recommendation of the
design review board and the planning commission, when the applicant has
Page 12 of 14
demonstrated that alternative design concepts carry out the objectives of this chapter
and are consistent with the general plan based on the following criteria:
A. The project design alternative meets the stated objectives of the hillside design
guidelines to preserve the inherent characteristics of hillside sites, display
sensitivity to the natural hillside setting and compatibility with nearby hillside
neighborhoods, and maintain a strong relationship to the natural setting; and
B. Alternative design solutions which minimize grading, retain more of the project
site in its natural state, minimize visual impacts, protect significant trees, or
protect natural resources result in a demonstrably superior project with greater
sensitivity to the natural setting and compatibility with and sensitivity to nearby
structures.
This section shall not apply to SB 9 Housing Developments (regulated by section
14.15.282) or Urban Lot Splits (regulated by Chapter 15.155 – Urban Lot Splits).
Section 14.16.285. – Accessory Dwelling Units (ADUs) is amended to read as
follows:
B. Applicability. An ADU as defined in Chapter 14.03 is permitted in any zoning
district that allows the development of single-family or multifamily dwelling
residential uses. ADUs may be permitted on any lot with a legal nonconforming
residential structure. See exceptions in Section 14.16.282.C.1.f for limitations
on parcels created by an Urban Lot Split (Chapter 15.1555). The following are
the four (4) types of accessory dwelling units permitted within the city:
Table 14.18.040 – Parking requirements is amended as follows:
Use Classification Off-Street Parking Required Additional
Standards
Residential
See Section
14.16.282.C.2.
for parking
requirements for
SB 9 Housing
Developments
Single-family
residential
2 covered spaces per unit.
Single-family
residential, hillside
On streets less than 26 feet wide, a minimum of two
additional on-site parking spaces shall be provided
(not on the driveway apron) per unit. These spaces
should be conveniently placed relative to the
dwelling unit which they serve. This requirement
may be waived or reduced by the hearing body
when the size or shape of the lot or the need for
excessive grading or tree removal make the
requirement infeasible.
Studios (multifamily 1 covered space per unit.
Page 13 of 14
Use Classification Off-Street Parking Required Additional
Standards
unit)
Studio (duplex unit),
500 sq. ft. or less in
size
1 space per unit
See Section
14.16.282.C.2 for
parking
requirements for
SB 9 Housing
Developments
Studio (duplex unit),
Greater than 500 sq. ft.
1.5 spaces per unit (including 1 covered space).
1 bedroom unit 1.5 spaces per unit (including 1 covered space).
Two-bedroom units 2 spaces (1 covered)
Three or more
bedroom units
2 spaces per unit (including 1 covered space).
Section 15.07.020 – Lot design standards - is amended to read as follows:
15.07.020 – Lot design standards.
Subsections (a)-(d) shall not apply to SB 9 Housing Developments (regulated by section
14.15.282) or Urban Lot Splits (regulated by Chapter 15.155 – Urban Lot Splits).
Section 15.07.030 – Street, driveway and parking standards is amended as follows:
15.07.030 – Street, driveway and parking standards.
Subsection (c) shall not apply to SB 9 Housing Developments (regulated by section
14.15.282) or Urban Lot Splits (regulated by Chapter 15.155 – Urban Lot Splits).
Chapter 15.18 – Definitions. The following definition is added to this Chapter:
15.18.375 - Urban Lot Split.
The subdivision of a parcel within a residential single-family zone into no more than
two parcels pursuant to the authority set forth in Section 66411.7 of the Government
Code.
Section 5: Environmental Review.
The City Council finds and determines that enactment of this Ordinance is statutorily
exempt from the provisions of the California Environmental Quality Act ("CEQA"),
pursuant to Government Code Sections 65852.21(j) and 66411.7(n), as this action is to
adopt an ordinance to implement the requirements of Sections 65852.21 and 66411.7 of
the Government Code.
Page 14 of 14
Section 5: Effective Date.
This Ordinance shall be in full force and effect thirty (30) days from its passage and
adoption.
Section 6: Severability.
The City Council hereby declares every section, paragraph, sentence, cause, and
phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or
phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining sections, paragraphs, sentences, clauses, or phrases.
Section 7: Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner
required by law.
Kate Colin, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 2013 was introduced at a regular meeting of the City Council of
the City of San Rafael on the 18th day of July 2022 and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Llorens Gulati
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 1st day of August 2022.
LINDSAY LARA, City Clerk
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS,
NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong
Kong), (c) OpenStreetMap contributors, and the GIS User Community
San Rafael Boundary
Single Family Housing
±0 0.5 1Miles
Total Parcels: 10069
Existing Dwelling Units: 10069
# of lots with 0 units: 439
# of lots with 1 units: 9247
# of lots with 2 units: 351
# of lots with 3 units: 18
# of lots with 4 units: 8
# of lots with 5 units: 3
# of lots with 6 units: 2
# of lots with 7 units: 1
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SB 9 Housing Development Standards for 1 & 2 Primary Units*
*No development standards can preclude the construction of up to two 800 square-foot units
per parcel.
Underlined Standards are the discretionary standards as recommended by staff
SB 9 Primary
Unit Construction
(per parcel)
Without an Urban Lot
Split With an Urban Lot Split EXPLANATION OF
DISRECTIONARY
STANDARDS 1 2 1 2
Minimum Lot
size (sq.ft.) n/a n/a 1,200 1,200 • City could allow less than
1,200 square foot lot
Maximum Floor
Area
(sq. ft.)
As restricted by District standard maximum lot
coverage, and maximum upper story floor size
(SRMC §14.04.030)
Parcels in -H overlay are subject to additional
stepback, natural state, and gross building square
footage restrictions (SRMC §14.12.030)
Total # of
ADU/JADUs
Per ADU Ordinance SRMC 14.16.285
0
• City could allow a
combination of ADUs and
primary units to exceed 2
units per parcel.
1 JADU
+
1 ADU
1 ADU
per Primary
Unit
1 JADU
or
1 ADU
Max. Residential
Units
(per parcel)
3 4 2 2
Max. Residential
Units on Initial
Parcel
3 4 4 4
Setbacks
Rear 4 4 4 4 • City could allow smaller
side/rear setbacks
• No setbacks may be
imposed on an existing
structure, or a structure
constructed in the same
location and to the same
dimensions as an existing
structure.
Side 4 4 4 4
Front Per SRMC §14.04.030
Height (ft.)
16 max. for portions of structures located outside
underlying district setbacks
otherwise, height per SRMC §14.04.030
• City may restrict the height
of SB 9 units.
Parking
1 1 1 1 • City may choose not to
require parking for any SB
9 development. No parking if parcel located within ½ mi. of quality
transit corridor or 1 block from car share vehicle
RESOLUTION NO. 22-10
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE OF THE
CITY OF SAN RAFAEL ADDING SECTION 14.16.282 (TWO-UNIT HOUSING
DEVELOPMENTS) TO CHAPTER 14.16 (SITE AND USE REGULATIONS) OF
DIVISION IV (REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS) OF
TITLE 14 (ZONING) AND CHAPTER 15.155 (URBAN LOT SPLITS) TO TITLE 15
(SUBDIVISIONS) OF THE SAN RAFAEL MUNICIPAL CODE, TO IMPLEMENT
GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 (SENATE BILL 9)
RELATED TO TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
(ZO22-003)
WHEREAS, SB-9 the California Home Act (Chapter 162, Statutes of 2021)
enacted Sections 66411.7 and 65852.21 to the Government Code, effective January 1,
2022; and
WHEREAS, these provisions require the City to provide ministerial approval of
urban lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling
units (“Two-Unit Developments”) on each single-family residential zoned lot within the City,
subject to certain limitations; and
WHEREAS, Government Code Section 66411.7(a) limits eligibility of Urban Lot
Splits by size and proportionality; and
WHEREAS, Government Code Sections 66411.7(a)(3)(C) and 65852.21(a)(2)
limit Urban Lot Splits and Two-Unit Developments, respectively, to sites that are not
located on or within certain farmland, wetlands, very high fire hazard severity zones,
hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory
floodways, lands identified for conservation, habitats for protected species, and historic
properties, unless projects on such sites meet specified conditions; and
WHEREAS, Government Code Sections 66411.7(a)(3)(D) and 65852.21(a)(3)
through (a)(5) limit eligibility of an Urban Lot Split and a Two-Unit Development,
respectfully, that propose to demolish or alter housing subject to affordability restrictions,
housing subject to rent or price controls, housing that has been occupied by a tenant in
the last three years, housing that has been withdrawn from rent or lease within the past
15 years, and housing that requires demolition of existing structural walls unless
authorized by local ordinance or has not been tenant-occupied within the past three years;
and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E)
allow a city to deny an Urban Lot Split for properties within a histor ic district or listed on
the State’s Historic Resource Inventory or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city or county ordinance;
and
WHEREAS, Government Code Sections 66411.7(c) and 65852.21(b) allow a city
to establish objective zoning standards, objective subdivision standards, and objective
design review standards for Urban Lot Splits and Two-Unit Developments, respectively,
subject to limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of “precluding the construction
of two units on either of the resulting parcels from an Urban Lot Split or that would result
in a unit size of less than 800 square feet” for a Two-Unit Development; and
WHEREAS, Government Code Sections 66411.7 and 65852.21 allow a city to
deny a proposed Two-Unit Development or Urban Lot Split, respectively, if the project
would have a specific, 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 feasible method to satisfactorily mitigate or avoid
the specific, adverse impact; and
WHEREAS, pursuant to Government Code Sections 65852.21(j) and 66411.7(n),
the City may adopt an ordinance to implement the provisions of Government Code
Sections 65852.21 and 66411.7, and such an ordinance shall not be considered a project
under the California Environmental Quality Act (“CEQA”); and
WHEREAS, on May 24, 2022, the Planning Commission held a duly-noticed public
hearing on the proposed amendments to the San Rafael Municipal Code, Title 14 and Title
15, accepting all public testimony and the written report of the Community Development
Department, and recommended to the City Council the approval of the amendments; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
recommends to the City Council adoption of the amendments to the San Rafael Municipal
Code as outlined in the Attachments A of this resolution, based on the following findings
as required under Zoning Code Section 14.27.060:
1. The amendments to San Rafael Municipal Code Title 14 – Zoning Ordinance and
Zoning Map are consistent with the policies and programs of the San Rafael
General Plan 2020 in that as proposed the amendments would:
a. Align the city’s regulations to Government Code Sections 66411.7 and
65852.21;
b. Be consistent with General Plan Program LU-2.12B (Alternative Housing
Types) which supports accommodating innovative housing types and
amending the zoning code to support the conversion of existing underutilized
buildings into housing units; and
c. Be consistent with Policy LU-3.3 (Housing Mix) which encourage a diverse
mix of housing choices in terms of affordability, unit type, and size.
2. The public health, safety and general welfare are served by adoption of the
proposed amendments to the SRMC, in that they would: (1) implement standards
in line with state regulations related to Two-Unit Housing Developments and Urban
Lot Splits; and (2) accommodate additional housing units within the City.
The foregoing Resolution was adopted at the regular City of San Rafael Planning
Commission meeting held on the 24th day of May 2022.
Commissioner Haveman moved, and Commissioner Samudzi seconded a motion to adopt
the recommended action.
AYES: Commissioners Harris, Haveman, Samudzi, Shalk & Acting-Chair Mercado
NOES: None
ABSENT: Chair Previtali & Vice Chair Saude
ABSTAIN: None
SAN RAFAEL PLANNING COMMISSION
ATTEST: _________________________ BY: ________________________
Leslie Mendez, Secretary Aldo Mercado, Acting Chair
ATTACHMENTS:
A.Amendments to San Rafael Municipal Code Title 14 (Zoning) and Title 15
(Subdivisions)
Attachment 5 – Report to the Planning Commission,
dated May 24, 2022
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2022/05/2.
-SB-9-Staff-Report-Final-w-Exhibits.pdf
