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notes, for the six lots that have a one-story height limit, the detached ADU would be <br /> limited to 16 feet in height. <br /> Attached ADUs would be subject to the height limits of the primary structure (whether <br /> one story or two story in height). <br /> Senate Bill 9 <br /> Senate Bill 9 (SB 9) provides for ministerial (by-right) approval of two-unit housing <br /> developments and urban lot splits in single-family residential zones that meet certain <br /> criteria. This state law went into effect on January 1, 2022. SB 9 specifies several <br /> parameters around development of resulting units and lots. Although it generally <br /> restricts discretionary review, it does allow objective design, development, and <br /> subdivision standards to be applied by local jurisdictions. The Planning Commission <br /> reviewed draft amendments to the PMC at the October 27, 2021 meeting and provided <br /> a recommendation to the City Council with minor amendments. The City Council <br /> subsequently adopted an ordinance at the December 7, 2021 meeting to amend the <br /> PMC to implement SB 9 and establish objective design standards for housing <br /> development and urban lot splits that result from the new state law. <br /> While requiring the review and approval of both housing developments units, and urban <br /> lot splits by local jurisdictions to be ministerial (by right), SB 9 does not prohibit a <br /> Homeowners Association (HOA) from imposing restrictions or limitations on lot splits or <br /> housing developments through its Covenants, Conditions and Restrictions (CC&Rs); <br /> therefore an individual HOA could choose to enforce or adopt restrictions in this regard. <br /> The proposed project would have CC&Rs to govern rules and regulations within the <br /> development and establish a HOA to oversee and manage CC&Rs. However, the City <br /> does not take any role in enforcement of CC&Rs that may be more restrictive than City <br /> codes. Thus, the future HOA could adopt in its CC&Rs a restriction on further lot splits <br /> or construction of more than one primary unit on a lot. Thereafter, it would be a matter <br /> between individual homeowners and their HOAs as to whether or how to enforce any <br /> limits on SB 9 developments within a subdivision. <br /> Architectural Design Guidelines <br /> Since custom homes are proposed for all residential lots, the applicant has prepared a <br /> set of design guidelines and site development standards for the project ("The Flat @ <br /> Spotorno Ranch") which addresses architecture, house size, setbacks, building height, <br /> grading, fencing, landscaping, etc. <br /> The Planning Commission found that the guidelines would be consistent with the <br /> requirements of the HVSP and present an appropriate set of development standards for <br /> the project and adhere to PUD-SRDR requirements and those specifically applied to the <br /> project site. <br /> Page 13 of 18 <br />