CC 12-07-2021 Item No. 31 SB9 Interim Ordinance_Staff Presentation1
City Council
December 7, 2021
SB 9 Objective Standards and
Regulations
Background
•SB 9 (Atkins, 2021) allows
ministerial approval of:
Duplex – attached
or detached Urban lot split
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CC 12-07-2021 Item No. 31
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Applicable SB 35 criteria
●Not prime farmland
●Wetlands
●A state designated very high fire severity zone
(subject to limitations)
●Delineated earthquake fault zone (subject to
limitations)
●100 year flood zone (subject to exceptions)
●Regulatory floodway (subject to exceptions)
●Part of a conservation or natural resource protection
plan or under conservation easement
●Habitat for species protected under state and federal
law
More criteria for both types of SB 9
projects
●Does not result in demolition of BMR or rent controlled
units
●Not on property occupied by tenants in past three
years
●Not on property that has been withdrawn from rental
market under Ellis Act for past 15 years
●Not a property located in a historic district, a State
Historic Resources Inventory site, or within county or
local landmark or historic property or district
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Urban lot split
Additional criteria
●Not a parcel created through use of SB 9
●Neither owner of parcel being subdivided nor any
person acting in concert with owner has previously
subdivided an adjacent parcel using an urban lot split
●Lots created must be limited to residential use
●Applicant must sign affidavit stating that they intend
to occupy one unit as principal residence for
minimum of three years after lot split
Development of up to 2 units
Regulations
●Objective zoning and design review standards
may be imposed provided they do not conflict
with following:
●At least 800 sq. ft. units
●4 foot side and rear setbacks
●Only one parking space/unit unless within ½
mile walking distance of either high-quality
transit corridor or a major transit stop, or car
share vehicle within one block
●No more than 25% of the exterior walls of an
existing unit may be impacted
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Ministerial approval of lot split
Regulations
●City may impose objective subdivision
standards provided they do not conflict with
following:
●New lots must be 40-60% of original
●Each new lot is at least 1,200 sq. ft.
●Following cannot be required as conditions
of approval:
●Offsite improvements
●Correction of existing, non-conforming conditions
Local Regulation
Lot Split – Section 18.20.170
●Parcel Map Required
●Ministerially processed
●No public hearing required
●Decision of City staff final
●Must comply with objective standards of
Municipal Code, Govt. Code Section 64411.7
and new standards in Zoning Code
●Section stays in effect until such time as Govt.
Code Section 64411.7 is repealed or superseded.
Else null and void
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Local Regulation
Definitions – Chapter 19.08.030
●New:
●Bay Window
●Gable End
●Pie-shaped lot
●Substantially enclosed
●Amended:
●Duplex – attached or detached units
●Floor Area – basements in SB9 units
included
Local Regulation
Administration – Chapter 19.12.030/110/170A
●Add new Miscellaneous Ministerial Permit – for
ministerial single family or duplex developments
●Extensions – not allowed
●Noticing – Adjacent noticing required 14 days prior to
date of action on application includes:
●Address
●Date on which action will be taken
●Description of proposed project
●Reference to the application on file
●Statement that interested persons may contact City
for more information
●Appeals – not allowed due to limitations of state law
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Local Regulation
Administration – Chapter 19.28.040
●Clarify – One-story single family project does not need
a planning permit
●Add new Miscellaneous Ministerial Permit – for
ministerial one or two-story duplex developments or
new two story home or second story addition pursuant
to SB 9 standards
●Minimum lot area – between 40-60% split of original
lot. Not less than 1,200 s.f.
●No more than two property lines can be added to
create new lot
Local Regulation
Administration – Chapter 19.28.040
●Subdivision standards:
●Lots ≥60 feet = two lots
with street frontage
●Lots <60 feet = one lot
with street frontage;
one flag lot
●Existing flag lots = two
flag lots
●Corner lots = street
side property line must
be subdivided
≥60 feet
≥30 feet ≥30 feet
<60 feet
Front
St
r
e
e
t
S
i
d
e
Flag
Lot
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Local Regulation Chapter 19.28.040
●Landscaping: 50% of the front yard must be
landscaped
●On lots with ≥ 20% slope:
●No more than 2,500 cubic yards for original
lot
●Flat yard by grading areas more than 10%
limited to 2,500 s.f. (not including driveway)
●Lots with ≥ 30% slope – no Hillside Exception
permitted
Local Regulation Chapter 19.28.040
●On-site improvements: 4.5 wide pathway and 4.5
wide planting strip, curb and gutter, curb cut,
AC pavements and underground utilities
●Not required in “semi-rural” designation
●Driveway curb cut standards:
●Lots ≤ 35 feet: 12 feet (one car) curb cut.
Min. 22 feet between two one-car curb
cuts, else shared driveway
●Pie-shaped lots:
●≤ 70 feet: Resulting lots 18 feet (two-car) curb
cut. Must provide min. 22 feet between curb
cuts, else only one car curb cut allowed.
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Local Regulation Chapter 19.28.040
●Pie-shaped lots:
●Existing lot > 70 feet: Resulting lots 18 feet (two-car)
curb cut. Must provide min. 22 feet between curb
cuts, else only one car curb cut allowed.
●Existing lot ≤ 70 feet: Shared driveway over flat lot
access area. No other curb cuts allowed.
●Flag lot access area: between 20-25 feet
wide. Min. 16 foot drive aisle and minimum 2
feet landscape planter on either side.
●Shared driveway (not flag lot): 50% of width
on each property. Max. 18 feet curb cut
●Covenants and agreements required
Local Regulation Chapter 19.28.040
●Other easements and covenants: Utility
easements and covenant for maintenance of
stormwater treatment facilities required
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Local Regulation
Chapter 19.28.150 (new) – Two units
●Allows City to charge processing fee (to be
proposed in early 2022)
●Allows 800 s.f. per unit for duplexes
●Duplex units must be within 200 s.f. of each other
●May be up to 45% of net lot area plus 5%
additional for roof overhangs, patios porches etc.
if it meets ALL other objective standards (similar to
existing standards)
●No more than 25% of existing exterior walls of
existing unit may be demolished if occupied by
tenant in last three years.
Local Regulation
Chapter 19.28.150 (new) – Two units
●If no previous dedication required, dedication for
right of way and frontage improvements required
●Second story to first story ratio not to exceed 50%
except if setbacks are increased or if in R1-a zone
(similar to existing standards)
●High volume interior areas are double counter for
floor area purposes (similar to existing standards)
●Front first and second story setbacks are same as
underlying zoning district
●Garages setback at least two feet from face of
living area (similar to existing standards)
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Local Regulation
Chapter 19.28.150 (new) – Two units
●Third car spaces: tandem or in detached structure
at rear (due to potential for narrow lots)
●Flag lots or side oriented garages at rear of
building: no need to setback or provide tandem
spaces
●First and second floor side and rear setbacks: four
feet unless it is an existing or replacement structure
in same location and same dimensions and cannot
encroach on public or private utility easements
●Corner Triangle: no structures unless it conflicts with
state requirement for four feet max. side setback
Local Regulation
Chapter 19.28.150 (new) – Two units
●Detached structures must be setback five feet
eave to eave (similar to existing standards)
●Basement setbacks identified (Front -20 feet, side
– 5 feet, rear – 20 feet)
●Maximum height: 28 feet (similar to existing
standards) except in single story overlay zones
●Building Envelope standards:
●First floor (similar to existing standards)
●Second floor (allows two 9’ plates)
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Local Regulation
Chapter 19.28.150 (new) – Two units
●Basements – only allowed on lots > 5,000 s.f.
●Lightwells limited to minimum number and size
required for light and air under building code:
●Only windows allowed for all emergency egress
●Only allowed for areas required to provide
emergency egress. Transom windows allowed
for light and air in these areas
●Only one exterior exit door allowed for an
independent unit
●Single story home may have one 10 foot by 10
foot light well (similar to existing standards)
●Railings shall have max. 3’6” height
Local Regulation
Chapter 19.28.150 (new) – Two units
●Lightwells shall not encroach in required setback
areas
●Lightwells visible from street shall be screened
●Landscaping:
●24” box front yard CA native tree required for
two story homes (similar to existing standards)
●Existing tree can be substituted with arborist
report on good health
●Covenant required
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Local Regulation
Chapter 19.28.150 (new) – Two units
●Privacy Protection planting required for second
story windows (similar to existing standards)
●Second story windows too close to side or rear
property line shall be opaque, inoperable or high
window sill.
●Does not apply to skylights or windows with no
views into adjacent side or rear yards or that
face a street or a non-residential zoning district
(similar to existing standards)
●Minimum planter width: 3 feet
Local Regulation
Chapter 19.28.150 (new) – Two units
●Private open space for each unit: 15% of unit
area on first floor with no dimension less than 10
feet
●Permitted yard encroachments: Similar to
existing standards – front entry features and
architectural features may encroach up to three
feet into required setback but cannot be closer
than three feet to property line. Architectural
features cannot exceed 50% of the wall they are
on, as seen from interior.
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Local Regulation
Chapter 19.28.150 (new) – Two units
●Second story decks – Options for Council
●No decks
●No decks if lot width is 50 feet or less at any cross
section where deck is proposed or if building pad is
five or more feet higher than adjacent properties
with minimum setback of 20 feet from side and 30
feet from rear
●Only allowed if balcony faces front yard of subject
property or a public street
●If allowed, then, limited in size and depth and
cannot encroach more than three feet into front
setback and if encroaches, may not have a roof
Local Regulation
Chapter 19.28.150 (new) – Two units
Local Regulation
Chapter 19.28.150 (new) – Two units
●Design standards related to:
●Entry features
●Porch features
●Exterior or uncovered stairs
●May not shade more than 10%
of existing solar panel array
●Existing design standards apply
(R1-e Eichler)
●Standards for sloped lots (defer
to RHS standards)
●Window trim standards
●Garage door standards
●Roof overhangs
●Same arch. style and materials
●Proportion of garage to facade
●Front elevation requirements
●Gable end interest
●Accent materials
●Design standards related to:
●Entry features
●Porch features
●Exterior or uncovered stairs
●May not shade more than 10%
of existing solar panel array
●Existing design standards apply
(R1-e Eichler)
●Standards for sloped lots (defer
to RHS standards)
●Window trim standards
●Garage door standards
●Roof overhangs
●Same arch. style and materials
●Proportion of garage to facade
●Front elevation requirements
●Gable end interest
●Accent materials
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Local Regulation
Chapter 19.28.150 (new) – Two units
●Accessory Buildings – must meet existing
standards, except ADUs not allowed if lot
subdivided and duplexes built
●Fences and Outdoor lighting – must comply with
existing standards
●Refuse, recycling and other containers – min. 3’
by 8’ space per unit required in an interior yard
behind fence
●Parking – complies with state law, no more than
one space if it can be required. In enclosed
space. If more provided, must meet City Code
Local Regulation
Chapter 19.28.150 (new) – Two units
●Driveways – one car driveway between 10 feet
and 12 feet; two car driveway maximum of 20
feet. More spaces, in tandem.
●Short Term Rentals not allowed
●Condominium map – Council option:
●Not allowed
●Allowed
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Local Regulation
Chapter 19.40.050 (amended)
●New lots between 40-60% of original
●Shall share driveway
●No more than 2 property lines may be added to
create new lot and must follow contours of
property
●Percolation test required if sanitary sewer
connection unavailable
●Building pad on flattest portion of resulting lots
closest to an existing or proposed driveway
●No Hillside exceptions allowed for substandard
lots created as a result of new state law
Local Regulation
Chapter 19.40.050 (amended)
●No more than 1,250 cubic yards grading for
each resultant lot (half of existing standards)
●Limit graded areas to within 50 feet of pad
●Limit flat yard area to 1,250 s.f. per lot (half of
existing standards)
●Require screening of building from prominent
intersections on the valley floor
●Projects pursuant to new state law not allowed
to encroach into 15% site line from prominent
ridge for new structures or further encroach for
expansions of existing structures
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Local Regulation
Chapter 19.40.050 (amended)
●Lots ≥ 30% - Grading limited to 500 s.f. (similar to
existing non-discretionary limits)
●Allow at least two 800 s.f. units but no other
development
●Protect trail linkages anticipated in General Plan
●Require privacy protection for second story
windows and special window treatment if too
close to side or rear property lines
Local Regulation
Chapter 19.40.060 (amended) – two units
●Floor area – 800 s.f. or if it meets all objective
standards, floor area shall be proportionately
allocated to new lots based on the percentage of
the new lots to the existing lot.
●E.g, if FAR allows 5,000 s.f. for “existing” lot; after lot split
in 50%-50% split, each lot allowed 2,500 s.f.
●Side setbacks four feet for projects under state law
●Extension of legal non-conforming walls not
allowed
●Lots split and developed with with duplex not
allowed ADU or JADU
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Local Regulation
Chapter 19.40.060 (amended) – two units
●Design Standards added regarding:
●Garages
●Entry Features
●Off-street Improvements may be required for lots
that previously did not need to dedicate or make
off-street improvements under state law
●Short Term Rentals prohibited
●Other minor clarifications in this section
Local Regulation
Chapter 19.40.090 (new) – two units
●Establishes section authorizing ministerial approval
of two units in an RHS zoning district
●Mirrors many design standards already discussed
in the context of R1 properties
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Local Regulation
Chapter 19.112.060 (new) – ADUs
●ADUs or JADUs not permitted on properties that
are subdivided pursuant to Government Code
Section 64411.7 and developed with a duplex
pursuant to Government Code Section 65852.21
Local Regulation
Redlines as Desk item
●Clarifies some requirements and applies design
standards to RHS properties
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Recommended Action
●Conduct one and only reading of Ordinance no.
21-2232 by title only
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