CC 2022-05-24_09b SB 9 Ordinance Introduction_PP PresentationIntroduction Hearing for an Ordinance to Implement Senate Bill 9
6/17/2022
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Senate Bill 9 (SB 9)
Effective January 1, 2022
Requires the City to ministerially approve two types of projects to promote housing creation
Urban lot split: A subdivision of an existing single family zoned parcel into two parcels
Two-unit housing development: Two homes on a single-family residential lot
The two components can be used in concert to divide a parcel and build two units on each for a total of 4 units
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Study Session
March 22, 2022: study session to obtain public comment and feedback from Council to refine the draft ordinance
Council was generally supportive of the draft ordinance, revise design standards with ARC & PC
Public urged staff to allow larger units than what was initially proposed
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Eligible Parcels
SB 9 applies parcels in zoning districts that allow single family residential uses (RE, RH, RR, RS, SF)
Staff’s initial interpretation limited SB 9 development to the SF zone
HCD published an information sheet to clarify certain aspects of the bill, and specifically noted if the primary purpose of a zone is SFR, it shall be eligible for SB 9
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Ineligible Areas
Wetlands
Prime farmland
Hazardous waste sites
Habitat for protected species
Properties identified for conservation in an adopted plan or under conservation easement
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Conditionally Eligible Areas
SB 9 development in the following areas is allowed when building codes and measures for hazard mitigation are met
Special flood hazard & regulatory floodways
FEMA no-rise certification
Earthquake fault zones
Seismic protection measures in the Building Code
High Fire Severity zone
Fire hazard mitigation measures pursuant to Building Code
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Homeowner’s Associations
HOAs can prohibit SB 9 development if it is specifically written into its governing documents
Although the City does not enforce private CC&Rs the application for SB 9 projects will include a disclaimer and area for an applicant to acknowledge that there may be restrictions prohibiting
SB 9 development within a HOA
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Historic Resource Protection
Not allowed in a historic district or property designated by local ordinance or properties on the State Historic Resources Inventory
D-2.4 Historic Character Overlay District meets the definition of a historic district
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Historic Overlay Zone
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Urban Lot Splits
Ministerial approval of the subdivision of a parcel zoned for single family residential into two roughly proportional parcels
60/40 split
Minimum lot size of 1,200 sf
Proposed lot line may not create a nonconformity or increase an existing nonconformity
Each parcel must be served by its own separate water meter and separate sewer connection
Requires either frontage on a public street or an access easement
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Urban Lot Splits - Restrictions
Parcels are ineligible for an ULS if existing affordable housing or rental units occupied w/in 3 years are proposed to be demolished
Owner occupancy on one of the lots for at least 3 years
An application for an ULS must be accompanied by an application for a two-unit development
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Owner Affidavit
City must require a signed affidavit from the property owner stating:
The ULS would not require demolition or alteration of affordable or housing occupied by a tenant within the past 3 years
One of the newly created parcels will be owner occupied for at least 3 years from the date the ULS is approved
Parcel proposed to be subdivided was not created through a previous ULS
Neither the owner of the parcel to be subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel via ULS
Short term rentals are prohibited
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Two-Unit Development
Ministerial approval of the construction of two units on an eligible parcel in the following configurations
Two new units on a vacant parcel, or:
Existing primary + one of the following:
New unit within an existing residential unit
Convert an existing accessory building
New unit attached to an existing residential unit
New detached residential unit
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Two Unit Configurations
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Accessory Dwelling Units
Existing law allows up to 3 dwelling units on a single family zoned parcel
SB 9 allows two new JADU/ADU in addition to a two-unit development, on parcels not created through an Urban Lot Split – 4 unit max.
One ADU allowed in addition to a two-unit develop. on a lot created through a ULS – 6 units max
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ADU Configuration
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Parking
One off-street parking space is required per dwelling unit
Parking is not required if:
The subject parcel is located within one-half mile of a high-quality transit corridor or transit stop (service intervals < 15 minutes)
Located within one block of a car-share
Draft ordinance eliminates parking requirements for SB 9 projects
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Design Standards
Mandatory objective design standards:
May not preclude two units of at least 800 sf each
Maximum 4-foot rear and side setbacks
Must allow construction of attached units
SB 9 allows the City to apply additional objective design standards
Proposed standards reviewed by ARC & PC
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Objective Design Standards
Massing and Articulation:
Max. size of SB 9 units is regulated by the FAR that apply to residential properties (AGMC 16.32.050), but shall not preclude the construction of two units of at least 1,200 square feet.
SB 9 requires two units of at least 800 sf
Building separation of at least 10 feet for detached units
Maximum height: 30 feet
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Objective Design Standards
Colors and Materials:
Allows stone, brick, fiber cement, composite wood or stone, wood, stone, as cladding materials
Color schemes must consist of a primary color and at least one accent color
Parking and Circulation:
No parking is allowed between structure and sidewalk within a front setback. When parking is proposed in the front yard, but outside the setback a 10-foot landscape buffer is required.
Parking is allowed in permitted driveways
Utility and Service Areas
Screening of trash receptacles and mechanical equipment
New units must connect to City utilities when required by the Municipal Code.
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Revision of Standards
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Recommendation
Council move forward with introduction of an Ordinance establishing regulations for projects proposed under the provisions of SB 9
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Questions?
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