HomeMy WebLinkAboutSS4 - SB 9 and SB 10 - PowerPointOverview of Senate Bill
Nos. 9 and 70
City Council Study Session
November 3012021
Benjamin Zdeba, Senior Planner
Jaime Murillo, Principal Planner
November 30, 2021
Item No. SS4
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City can adopt ordinance to rezone parcels
for up to 10 units
Preempts local initiatives such as Charter
Section 423 only if SB 10 ordinance is
adopted by two-thirds Council vote
SB 10 is completely voluntary
Cons i derat-i on.,.,
Must adopt ordinance by January 1, 2029
Adoption of SB 10 ordinance not subject to
CEQA
Cannot use SB 10 to downzone properties
No future reductions allowed if adopted
Q1: Does the Council wish to adopt an ordinance
to opt in and allow 10 units on a parcel?
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Effective January 1, 2022
• Applies to R-1 (and equivalent) lots only
Two primary provisions:
1) Allows two -unit development on one lot
2) Allows subdivision of one lot into two lots
Can be combined to allow four to eight units
on a lot where only one previously allowed
9 Exclusinn-q
Environmentally sensitive sites
Historic district or historic site (City has no
historical districts)
Protected housing units
Rental housing, affordable, rent -
controlled
Very high fire hazard zones, special flood
hazard areas (City has mitigation measures
—does not apply)
SB 9 and Coastal Zone
City can apply Local Coastal Program
standards and criteria
Public hearing on a coastal development
permit not required
Does not supersede Coastal Act
Development Standards
Cities may adopt only objective design and
development standards (e.g., setbacks,
height, and floor area, etc.)
Existing Objective Standards
City
has very strong
objective
design standards
that
can apply
to SB
9 -eligible
parcels:
o Front setbacks
o Floor area limits
o Height limits
o Open volume area
3:12 roof pitch
Revamped third -floor
limits
Lot coverage
.. Vehicular access
Mandatory Standards
Setbacks:
No more than four feet for sides and rear
No less than two 800-sq.ft. units
No more than one parking space per unit
No parking required in transit -rich areas
• Short-term rentals are prohibited
Newport
Heights
Balboa
Peninsula
CdM
Cameo Shores
Dover Shores
Santa Ana
Heights
8,610 81694 +84
20'
Front
2,242 21280 +38
3,888 3,924
N/A — Lot Coverage
N/A — Lot Coverage
N/A— No Limit
3:12 roof pitch
No Change
No Change
Significant Increase 14' Footprint 4'
— Reduced Rear
I Side Side
Setback
I ,
I
L15'
I
5' Rear
. — . — . — . — . — . — . — . —
City may Adopt more
Restrictive Standards
Examples:
Restrict unit size to 800 sf (each)
Limit height to one story
Establish privacy measures
Increased parking in coastal zone
Architectural design and materials
Other objective standards?
Q2: Does the Council want to
adopt more restrictive standards
to limit SB 9 projects or utilize
our current code?
20'
Front
I
I
I
I
4'
Side
I
4
L.—.—.—. f._R- . —.—
I
c 9"Urban Lot Split"
Ministerial approval
Minimum lot size:
Not less than 40% of
original lot
Not less than 1,200 sq.
ft. each
Ownership affidavit required
• City not required to allow
more than two units on
each lot (including ADUs)
1,800 sq. ft.
I • � 3,000 sq. ft.
L._
1,200 sq. ft.
"Urban Lot Split"
Limitations
Cannot:
Allow same applicant to subdivide
adjoining lots (includes LLCs)
Allow urban lot split twice on same site
Require right-of-way dedications or off-
site improvements (e.g., repair sidewalk
or alley)
9 Example A: Duplex and ADUs
Existing:
1 unit
Proposed:
Existing remains
1 new unit
0 2 ADUs
Total of 4 units, 1 lot
I
I
I
I
I
0
I
L._._._._._.
SB 9 Example B: Lot Split Duplex + ADU
Existing:
0 1 unit
• Proposed:
M
N
Lot split
Existing remains
1 ADU
2 new units
Total of 4 units, 2 lots
i
9 Example C: Lot Split Duplexes + ADUs
Existing:
1 . ...i..4-
SB 9 Implications:
Newport Bear -w -h
Unclear how many homeowners will take
advantage of SB 9
Approximately 17,000 single-family lots now
eligible for two units
Approximately 16,500 that are eligible for urban
lot split
Approximately 7,250 have active HOAs
o HOAs are not currently subject to SB 9
• May be other factors, including rental exclusions,
homeowner desires, ordinance restrictions
What Other Cities Are Doing
Some are currently preparing more restrictive
ordinances that would apply:
Specific objective design standards
Sizes of units
Height
Architecture and materials
Affordability requirements
Parking requirements in coastal zone
Privacy measures
Case Study: City of Buena Park
-Adopting more restrictive standards
Affordability requirements
Maximum Size: 800 sq. ft. units
Height limits (varies by lot size)
Objective design standards
Matching materials/colors/roof
o Privacy measures
o Upper level stepbacks
o Access
SB 10 City Council Direction
Q1: Does the Council wish to adopt an ordinance
to opt in and allow 10 units on a parcel?
SB 9
Q2: Does the Council want to adopt more
restrictive standards to limit 5B 9 projects or utilize
our current code?
Q3: Does the Council want to limit maximum
number of units to two per lot (including ADUs)?
Next Steps
Resolution to initiate amendments to GP,
CLUP, and NBMC on tonight's consent
calendar (Item No. 9)
Staff will draft changes for Planning
Commission review and recommendation to
City Council early to mid -2022
Questions and Discussion
City Council Study Session
M
November 30, 2021
Benjamin Zdeba, Senior Planner
bzaeaa@newportbeacnca.go\,
Jaime Murillo, Principal Planner v
jmurillo@newportbeachca.gov
9 Develonment Standards
Cities may adopt only objective design and
development standards (e.g., setbacks,
height, and floor area, etc.)
"Objective": a standard that involves no
personal or subjective judgment by a public
official and is uniformly verifiable by
reference to an external and uniform
benchmark
SB 9 Imps !mtii
Unclear how many homeowners will take
advantage of SB 9
S13 9 Brief from Terner Center for Housing
Innovation at UC Berkeley indicates:
S13 9 will have limited impacts
Roughly 97% of SFRs will be retained
486,000 eligible parcels in OC, but only
10% feasible
SB 9 Implementation
We need to adopt an ordinance to integrate
with existing zoning and subdivision
standards
Identify process and create forms for SB 9
projects