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E 7. Public Hearing_ADU SB 9, ADUAPRIL 10, 2022 CITY COUNCIL MEETING Conduct a Public Hearing Read by title only, waive further reading; and •Introduce an Ordinance Establishing Regulations for Urban Lot Splits and Two-Unit Developments in Accordance with Senate Bill No. 9; and •Introduce an Ordinance Adopting Amendments to Regulations of Accessory Dwelling Units and Junior Accessory Dwelling Units. 2030 Vision Statement Goal 3: To promote Economic Development by updating zoning code in preparation for future growth To preserve and protect our community, and its exceptional quality of life though thoughtful planning Background On January 25, 2022, the City Council adopted an Urgency Ordinance (No. 336-U) establishing objective standards for the regulation of Lot Splits and Two-Unit Development under SB 9 On March 3, 2022, the Planning Commission Conducted a Noticed Public Hearing and voted unanimously 4-0 adopting a Resolution recommending City Council to adopt an Ordinance establishing SB9 standards and an Ordinance updating the city’s ADU requirements Background On March 22, 2022, City Council Conducted a Noticed Public Hearing and voted unanimously 5-0 to continue the Public Hearing in order to conduct a joint meeting with the Planning Commission to further discuss the regulations On April 21, 2022, the City Council and Planning Commission held a joint session to further discuss SB9 and ADU regulations SENATE BILL 9 Lot Splits SB 9 Lot Splits Permitted only on single family residential zoned properties (RH, R1-20, R1-10,and R1-7.2) Allows subdivision of up to two parcels Allows two units per parcel Must comply with the Subdivision Map Act and lot split city standards Resulting lots must be at least 40% of the original lot size SB 9 Lot Splits SB9 subdivisions require: right-of-way access dedicate easements for utilities and public facilities Units cannot be used as short-term rentals Vacant lots may not be subdivided Ministerial Approval SB 9 Lot Splits Denial may be granted by the city if the project would have an adverse impact upon public health and safety or the physical environment Demolition restrictions established by SB9 legislation require compliance Property owner must sign an affidavit stating intent to occupy a unit as a primary residence SB 9 Lot Splits Additional City Standards Courtesy notice will be mailed Flag lots are prohibited The owner of the parcel must execute a deed restriction recorded on each of the resulting parcels, limiting the use of the properties in accordance with the City’s Ordinance SENATE BILL 9 Two-Unit Development SB 9 Two-Unit Development The city cannot impose a rear and side setback larger than 4’-0” The city can only require one parking spot per SB9 unit Two units maximum are allowed per property, plus ADUs/JADU SB 9 Two-Unit Development Additional City Standards SB9 units will not have a maximum size limit Units shall comply with: setback requirements minimum separation between detached units open space requirements maximum lot coverage Second units may not be larger than the primary residence SB 9 Two-Unit Development Additional City Standards Ministerial Approval -Administrative Site and Architectural Review Courtesy notice will be mailed Units will be limited to two stories Units must have at least 15 feet separation between structures SB 9 Two-Unit Development Additional City Standards Units shall have an unobstructed pathway to the entrance Design shall match the primary unit Flat roofs are not permitted Units will be subject to the city’s Non-owner- Occupied Rental Property Program SB 9 Two-Unit Development Additional City Standards Units are required to have a separate connection to the main water service line Sewer and wastewater systems will require an inspection to verify the capacity is sufficient SB 9 Two-Unit Development Additional City Standards Existing wastewater system: Units within 200 feet of an existing sewer line will be required to disconnect from the wastewater system and be connected to the sewer line If the second unit exceeds the current wastewater system capacity: conditions of approval will be imposed on the development to ensure compliance with the California Plumbing Code. SB 9 Two-Unit Development Additional City Standards If parcel has no space for the replacement of a wastewater system, connection to the sewer line will be required. If this is not possible, or if site improvements are required; then the Building Official or designee, shall consider circumstances for denial. SB 9 Two-Unit Development Additional City Standards Units may not be turned into condos or sold separately from other units on the parcel Property owner must execute a deed restriction Impact fees will be required once established by City Ordinance ADU/JADU ADU/JADU Additional City Standards JADUs will be limited to 500 square feet Attached and detached ADUs will not have a maximum size limit; however, units shall not be larger than the primary unit shall comply with the setback requirements required distance between units open space and lot coverage requirements ADU/JADU Additional City Standards If Ordinance requirements cannot be met, the applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to 800 square feet, provided that the unit shall comply with all other development standards including setback requirements ADU/JADU Additional City Standards ADUs are limited to two stories Units will be required to have a separate address, composed of the primary unit address with the addition of a letter (A, B, C, etc.) Units exceeding 750 square feet are required to pay development impact fees, in an amount established by City Council ADU/JADU Additional City Standards Architectural design shall match the primary residence Manufactured homes can not be more than 10 years old, shall be installed on a permanent foundation, must match the primary residence materials, color, and roof pitch as close as possible Flat roofs are prohibited Proposed Ordinances The adoption of the proposed SB9 Ordinance would repeal and replace Urgency Ordinance No. 336-U The city will be required to submit the Adopted ADU Ordinance to the Department of Housing and Community Development Environmental Review The proposed Ordinances do not require environmental review under the California Environmental Quality Act (CEQA). The adoption of SB 9 regulations is not a “project” pursuant to Government Code sections 65852.21(j) and 66411.7(n). The adoption of ADU/JADU requirements is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Fiscal Impact There will be no expenditure on the part of the City to adopt these Ordinances The cost to administer these Ordinances will be recovered through the application fees Recommendation Staff recommends the City Council read by title only, waive further reading; and Introduce an Ordinance Establishing Regulations for Urban Lot Splits and Two-Unit Developments in Accordance with Senate Bill No. 9; and Introduce an Ordinance Adopting Amendments to the Accessory Dwelling Units and Junior Accessory Dwelling Units regulations Questions ?