REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2049 amending Chapter 17.05 (Subdivisions) of Title 17 (Development) to revise the subdivision process for SB 9 developments.
Report
BACKGROUND
At the July 5, 2022 Council meeting, proposed Ordinance No. 2049 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2049 was published to the Santa Clara Weekly on August 10, 2022, and copies were posted in three public places.
DISCUSSION
In 2021, the California Legislature enacted Senate Bill 9 (SB 9), which requires ministerial review and approval of two dwelling units on most single family (R1) lots, and authorizes ministerial lot splits of most R1 lots.
Proposed Ordinance No. 2049 would amend Chapter 17.05 (Subdivisions) of Title 17 (Development) to revise the subdivision process for SB 9 developments. Chapter 17.05 currently requires a discretionary approval by the City Council for all lot splits. The proposed ordinance would modify Chapter 17.05 to provide that lot splits under SB 9 are ministerial and shall be approved by the City Engineer, and make related changes.
ENVIRONMENTAL REVIEW
Pursuant to California Government Code Sections 65852.21 (j) and 66411.7 (n), a local agency may adopt an ordinance to implement SB 9 and that ordinance shall not be considered a project under CEQA (Division 13 (commencing with Section 21000) of the Public Resources Code).
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and expense.
COORDINATION
This report has been coordinated with the Community Development Department.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2049 was published to the Santa Clara Weekly on August 10, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive Second Reading and Adopt Ordinance No. 2049 to amend Chapter 17.05 (Subdivisions) of Title 17 (Development) to revise the subdivision process for SB 9 developments.
Staff
Reviewed by: Steven Ngo, Interim City Attorney
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Ordinance No. 2049