REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Action on Introduction of Ordinances to Establish Objective Zoning, Subdivision, and Design Standards for SB 9 Residential Projects by Amending Chapter 17.05 (Subdivisions) of Title 17 (Development) and Amending Title 18 (Zoning) to Create Chapter 18.13 (Two Unit Dwelling Residential Development and Urban Lot Splits); and Address Affordability Recommendations of the Planning Commission for SB 9 Developments
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
California Senate Bill 9 (SB 9), which became effective on January 1, 2022, requires ministerial review and approval of a housing development with two primary dwelling units on a single-family (R1) zoned property, the subdivision of an R1 zoned parcel, or both for projects that meet specific eligibility criteria. Ministerial review of an SB 9 application requires a process without discretionary review or hearing, where City staff is limited to ensuring that the proposed development meets all eligibility criteria and applicable objective zoning, subdivision, and design review standards.
Additional background information on applicability of SB 9, what SB 9 allows, and the ways in which jurisdictions may and may not regulate SB 9 proposals was provided in a staff report and presentation for the joint City Council and Planning Commission study session held on January 25, 2022. The staff report and presentation for the joint study session are included in the attachments to the May 25, 2022 Planning Commission staff report (Attachment 1).
Objective Standards
Any SB 9 proposal is subject to the City's objective standards included within Title 18 (Zoning) and Title 17 (Development/Subdivision), provided that those standards:
1. Do not physically preclude the construction of two units of at least 800 square feet each, per property;
2. Do not conflict with SB 9 standards (e.g., setbacks, parking, etc.); and
3. Do no...
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