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Home My WebLink About4.0_Sentat Bill 9 Overview and Implementation_Presentation_Staff_PA2021-277Senate Bill 9 (SB 9) Implementation Planning Commission Study Session April 21, 2022 Benjamin Zdeba, Senior Planner Jaime Murillo, Principal Planner Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Overview of SB 9 •Became effective January 1, 2022 •Applies to R-1 (and equivalent) lots only Two primary provisions: 1.SB 9 Housing Development –Allows two- unit development on one lot 2.Urban Lot Split –Allows subdivision of one lot into two lots Community Development Department 2 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Exclusions •Environmentally sensitive sites •Historic district or historic site (City has no historical districts) •Protected housing units o Rental housing, affordable, rent- controlled •Very high fire hazard zones, special flood hazard areas (City has mitigation measures –does not apply) Community Development Department 3 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 and Coastal Zone •Does not supersede Coastal Act •Public hearing on a coastal development permit not required •City can apply Local Coastal Program standards and criteria For cities with certified LCPs, an LCP amendment is required to implement in Coastal Zone Community Development Department 4 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Mandatory Standards •Setbacks: o 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 Community Development Department 5 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 “Urban Lot Split” •Ministerial approval •Minimum lot size: o Not less than 40% of original lot o 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) Community Development Department 6 1,200 sq. ft. 3,000 sq. ft. Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Urban Lot Split Limitations •Cannot: o Allow same applicant to subdivide adjoining lots (includes LLCs) o Allow urban lot split twice on same site o Require right-of-way dedications or off- site improvements (e.g., repair sidewalk or alley) Community Development Department 7 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Example A: Duplex and ADUs •Existing: o 1 unit •Proposed: o Existing remains o 1 new unit o 2 ADUs Total of 4 units, 1 lot Community Development Department 8 Existing Unit New Unit New ADU New ADU Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Example B: Lot Split Duplex + ADU •Existing: o 1 unit •Proposed: o Lot split o Existing remains o 1 ADU o 2 new units Total of 4 units, 2 lots Community Development Department 9 Existing Unit New Unit New Unit New ADU Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Example C: Lot Split Duplexes + ADUs •Existing: o 1 unit •Proposed: o Lot split o Existing removed o 4 new units o 4 new ADUs Total of 8 units, 2 lots* *If no ordinance in place Community Development Department 10 Existing Unit New Unit New Unit New Unit New Unit New ADU New ADU New ADU New ADU Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Development Standards •Cities may adopt only objective design and development standards (e.g., setbacks, height, and floor area, etc.) •At City Council Study Session on November 30, 2021, directed staff to prepare a compliant, but restrictive ordinance •Staff waited for HCD guidelines to be released –not released until March 2022 Community Development Department 11 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Community Development Department 12 5’ Rear Alley 4’ Side Draft prepared (Title 20) •Limit each unit to 800 square feet •One-story limit (16 feet) •Affordable housing requirement •Increased rear alley setback •Objective design standards •Prohibit condominiums •Correction of existing nonconformities 20’ Front ALLEY 4’ Side 800 sf 800 sf Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Community Development Department 13 Draft prepared (Titles 19 and 20) •Limit to maximum of four units •Access through shared driveway •Alley access required •Separate utilities •In-lieu park dedication fee •Lot line objective design standards •Prohibit removing on-street parking 1,800 sq. ft. 1,200 sq. ft. ALLEY 3,000 sq. ft. STREET Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Community Development Department 14 •Automatic sunset clause for new SB 9 Housing Developments and Urban Lot Splits •Inapplicability to Coastal Zone •Deed restriction to notify future owners of requirements and limits Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Implications: Newport Beach •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 Community Development Department 15 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Next Steps •May 12, 2022,Planning Commission Public Hearing to consider recommending adoption to City Council •June 2022, City Council Public Hearing to adopt Ordinance Community Development Department 16 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) 17 Benjamin Zdeba, Senior Planner bzdeba@newportbeachca.gov Jaime Murillo, Principal Planner jmurillo@newportbeachca.gov Planning Commission Study Session April 21, 2022 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) HCD Review and Enforcement •HCD Housing Accountability Unit does not have enforcement authority for SB 9 •As of April 11, there were 29 complaints for cities with ordinances that appear overly restrictive •Plans to enforce through other related bills (i.e., AFFH, Housing Crisis Act, Housing Accountability Act) and with Attorney General’s Office Community Development Department 18 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277)