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splits minimize potential impacts to existing neighborhoods. The Planning Commission <br />considered a draft Ordinance on October 27, 2021; and their recommendation will be <br />forwarded to the City Council for consideration at the November 16 City Council <br />meeting. <br />Key provisions of SB 9 include: <br />Number of Lots and Units Allowed: The bill allows for an existing parcel to split <br />into no more than two lots, and for each of those lots to contain up to two units of <br />at least 800 square feet each and including ADUs and JADUs. On lots not <br />subject to a lot split, up to two units and an ADU or JADU for each primary unit is <br />permitted. Once a lot has been split under SB 9, it is not eligible for a further split, <br />and the law disallows splitting of adjacent lots when enacted by a person who <br />owns the first lot or is "acting in concert with" that owner. SB 9 units may be <br />attached or detached. Lot splits must result in lots of at least 1,200 square feet, <br />and be roughly proportional (no greater than a 60:40 division of the existing lot). <br />• Ministerial Approval: SB 9 units are to be approved ministerially, although the bill <br />includes limited authority for the building official to make written findings to deny <br />a project, based on evidence that the development would have an adverse effect <br />on public health and safety or the environment that could not be mitigated. <br />Eligibility: SB 9 establishes a number of criteria for parcels to be eligible to take <br />advantage of the bill's provisions, including being a single family zone located <br />within an urbanized area; not be located within environmentally sensitive areas, <br />not include tenant -occupied housing, and not be on a designated historic site. <br />Although SB 9 notes limitations for properties located areas designated as <br />subject to high fire hazards or seismic risks, it also provides that the City must <br />allow for projects in these areas to mitigate those risks; for example through <br />special building or engineering measures. <br />• Setbacks: SB 9 requires the City to allow for minimum four foot side and rear <br />yard setbacks in conjunction with SB 9 housing development and lot splits. Other <br />setbacks may be specified in accordance with local regulations. <br />• Parking. The bill limits parking requirements to one per unit, except that no <br />parking is required for a site located within a half mile of a major transit stop (i.e. <br />ACE or BART), or high quality transit corridor (meaning a bus line with at least 15 <br />minute headways during peak hours. SB 9 does not restrict the ways in which the <br />City may regulate the location, configuration or design of required parking, <br />provided these standards do not conflict with other provisions of the bill, such as <br />physically precluding the minimum number or size of units that must be allowed <br />for. <br />• Local Development Standards. As noted, SB 9 establishes setbacks, and <br />prescribes some basic development standards, e.g. the minimum size of lots <br />Page 6 of 8 <br />