CCMIN 11022021 - Laserfiche WebLink

which is typically one of the more challenging categories if the decision is made to participate in the State's conversion programs. Director Clark reported Senate Bill (SB) 8 by Senator Nancy Skinner makes changes to SB 330, the Housing Crisis Act of 2019, which provides streamlining and limits discretionary review of housing projects. It provides a clarifying definition of "housing development project" to include projects that involve no discretionary approvals, projects that include both discretionary and non-discretionary approvals, and projects that include a proposal to construct a single dwelling unit. She advised it changed the sunset date of SB 330 from January 2, 2025, to January 1, 2030. The City has yet to receive an SB 330 application although they are being seen in increasing numbers in other cities as developers seek to take advantage of the streamlining provisions. Director Clark reported Senate Bill (SB) 9 by Senator Toni Atkins affects single-family zoning in cities. It allows two-unit housing developments and urban lot splits "by right' in single-family neighborhoods. It also allows for an existing parcel to split into no more than 2 lots resulting in a lot of at least 1,200 square feet and roughly proportional. She reported each lot may contain up to 2 units at least 800 square feet each and can include an Accessory dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU). She further advised on lots that are not subject to a lot split, up to 2 units and an ADU or JADU for each primary unit is permitted. Another aspect of SB 9 is that housing developments and lot splits must be approved ministerially. There is some limited authority for the City's building official to make written findings to deny a project based on evidence that the development would have an adverse effect on public health and safety, or the environment could not be mitigated through reasonable measures. Eligible parcels must be located in a single-family zone within an urbanized area, not be located within environmentally sensitive areas, not include tenant-occupied housing, and not be on a designated historic site. She explained there are limits for properties located in high fire hazard or seismic risk areas, but projects can be allowed if the risks can be mitigated. SB 9 requires the City to allow for a minimum 4-foot side and rear yard setback in conjunction with SB 9 housing development and lot splits but noted other local zoning setbacks can be applied. Parking requirements are limited to one per unit and noted no parking is required for a site located within 0.5 miles of a major transit stop or high-quality transit corridor. Director Clark advised SB 9 establishes minimum setbacks and some basic development standards but does allow the City to establish its own objective development design and subdivision standards, but must be consistent with the bill. The City can still require good design, high-quality materials, and control things such as the bulk and massing of buildings. She explained the law does not preclude Homeowner Associations (HOAs) from limiting SB 9 projects through Covenants, Conditions, and Restrictions (CC&Rs). She advised the HOA is responsible for enforcement of any restrictions more stringent than City standards. SB 9 removes much of the design review and discretion normally allowed residential subdivisions and developments. However, the City can establish objective standards provided that do not conflict with state law. She reported staff has been working on a draft ordinance that was considered by the Planning Commission on October 27 and will be forwarded to the City Council at the November 19 meeting since SB 9 goes into effect on January 1, 2022. SB 10 by Senator Scott Weiner is a voluntary ordinance meaning the City could choose to adopt an ordinance like this, but it is not mandated. She advised it provides the City authority to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site. One of the provisions included in the bill prohibits a local ordinance from superseding a local regulation for open space City Council Minutes Page 7 of 19 November 2,2021