G 11_Urgent Ordinance, SB 9_1.25.2022Senate Bill 9
JANUARY 25, 2022
CITY COUNCIL MEETING
Adopt an Urgency Ordinance Establishing Objective
Standards for Implementation of Senate Bill No. 9
Pertaining to Urban Lot Splits and Two-Unit
Developments.
Initiate regular code amendment proceedings to
amend Title 17 –Subdivisions and Title 18 –Zoning
establishing regulations for Urban Lot Split and Two Unit
Developments, and to revise the City’s Regulations of
Accessory Dwelling Units.
2030 Vision
Statement
Goal 3 to Promote
Economic Development by
updating zoning and
development code in
preparation for future
development, and to
preserve and protect our
community and its
exceptional quality of life
though thoughtful planning.
Senate Bill No. 9
SB 9 was signed on September 16, 2021
The bill became effective on January 1, 2022
For Projects that meet the SB 9 criteria, local agencies are required to
allow ministerial approval:
•Developments proposing up to two primary dwelling units per parcel in a
single-family residential zone.
•This bill also requires ministerial approval of 2-lot subdivision in a single-
family residential zone and allows up to two units to be built on each
resulting parcel.
•SB 9 authorizes cities to establish objective standards to govern these units
and lot splits, as long as they do not conflict with state law.
SB 9 Qualifying
Criteria
Where are SB 9 projects allowed?
The lot must be located within a city in an urbanized area or urban cluster.
The lot must be located within a
single-family residential zone:
•RH-Hillside Residential
•R1-20-Very Low-Density Single Family Residential
•R1-10-Low Density Sigle Family
Residential
•R1-7.2-Single Family Residential
SB 9 Qualifying Criteria:
SB 9 does not apply to land located in a
historic district
SB 9 does not apply to parcels located:
•on earthquake fault zones
•wetlands
•high fire severity zones
•hazardous waste sites
•flood hazard areas
•protected farmland
•habitat for protected species, or land under a
conservation easement
Where are SB 9 projects prohibited?
Developments cannot involve
the demolition or alteration of
the following types of housing:
Deed restricted
affordable housing
Rent-controlled housing
Housing occupied by a
tenant in the last three
years
SB 9 Rental Restrictions
Ordinance Requirements
Second Units and Two-Unit Development
No larger than 800 square feet
Maximum16 feet in height
One off-street parking space is required per unit, with some exceptions
No setback beyond the setback of an existing structure is required for a unit constructed in the same location and to the same dimensions as an existing structure
In all other circumstances, second units, and both units of a two-unit development, must be setback at least 4 feet from the side and rear lot lines
Ordinance Requirements
Second Units and Two-Unit Development
Units cannot be rented for less than 31 days
Units may only be rented to low-income
households at an affordable rent for a
minimum of 55 years
Inspection to existing sewer lines or septic
tanks is required
The Ordinance standards are applicable
unless they prevent the construction of up to
two units that are 800 square feet each.
Ordinance Requirements
Urban Lot Split Subdivision
Lots shall be 1,200 square feet minimum
No resulting parcel shall be smaller than 40% of the lot area of the original parcel
No more than two units are permitted on any parcel created by a lot split
including accessory dwelling units
A lot split parcel must have at least one existing residence
No split will be permitted on vacant lots
Only residential uses are allowed
Ordinance Requirements
Lot Split Subdivision
Easements must be dedicated for:
public services and facilities
access to public right-of-way
The owner of the parcel must sign an affidavit stating their intent to live on one of the resulting parcels for a minimum of three years after approval of the lot split.
Urban lot splits must comply with all other requirements for lot split under the municipal code unless they conflict with the specific requirements of the ordinance.
Ordinance Requirements
Limited Ability to Reject
A city may deny a proposed SB 9 development
project or lot split if:
the building official makes a written finding
based upon a preponderance of the evidence,
that the proposed project would have a specific
adverse impact upon public health and safety or
the physical environment, and for which there is
no feasible method to satisfactorily mitigate or
avoid the specific adverse impact.
Fiscal Impact
There will be no expenditure on the
part of the City to adopt this
Ordinance.
The cost to administer the
Ordinance will be recovered in part
through the application fees.
Environmental Review
The proposed ordinance is not a “project” for
purposes of California Environmental Quality Act
(CEQA) pursuant to Government Code Sections
65852.21(j) and 66411.7(n) and therefore does
not require any environmental review under
CEQA.
Recommendation
Adopt the ordinance entitled “An Urgency Ordinance Of the City Council of the City of
Grand Terrace Establishing Regulations for Urban
Lot Splits and Two-Unit Developments in
Accordance with Senate Bill 9”; and
Initiate regular code amendment proceedings
to amend Title 17 (Subdivisions) and Title 18
(Zoning) of the Grand Terrace Municipal Code
to establish regulations for urban lot splits and
two-unit developments, and to revise the City’s
regulations of accessory dwelling units
(Chapter 18.69).
Senate Bill 9
Questions ?