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C. Public Hearing_ADU SB 9_3.3.2022MARCH 3, 2022 PLANNING COMMISSION MEETING Adopt a Resolution Recommending to the City Council Adoption of an Ordinance Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments. Adopt a Resolution Recommending to the City Council Adoption of an Ordinance Updating the City’s Regulations Regarding Accessory Dwelling Units. 2030 Vision Statement Goal 3 to Promote Economic Development by updating zoning and development code in preparation for future growth, and 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 lots splits and new units developed under SB 9. The City Council directed staff to bring back an ordinance establishing requirements for SB 9 projects. The City Council also directed staff to update the Municipal Code requirements for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). Senate Bill 9 Senate Bill 9 was signed on September 16, 2021. The bill became effective on January 1, 2022. Local agencies are required to allow SB 9 projects through a ministerial approval process. SB 9 Ordinance The city is required to permit up to two primary residences per parcel in single-family residential zone. Under SB 9 single-family residential lots may be split in half and create two separate smaller parcels The State Law has established many requirements and allows cities to impose additional objective standards that do not conflict with State Law. The lot must be in the 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 Ordinance State Requirements SB 9 Ordinance –State Requirements SB 9 does not apply to parcels located: •historic district •earthquake fault zones •wetlands •high fire severity zones •hazardous waste sites •flood hazard areas •protected farmland •habitat for protected species •land under a conservation easement Where are SB 9 projects prohibited? SB 9 Ordinance -State Requirements 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. SB 9 Ordinance State Requirements Developments cannot involve the demolition or alteration of the following types of housing: Deed restricted to affordable housing Rent-controlled housing Housing occupied by a tenant in the last three years Additional City Standards Administrative Site and Architectural Review Process A courtesy notice will be mailed to immediately adjacent property owners Maximum 800 square feet size Maximum16 feet in height A 15-feet separation between all detached units One off-street parking space is required per unit SB 9 Ordinance State Requirements Second Units and Two-Unit Development Additional City Standards The design of a second unit shall match the primary dwelling unit Each unit shall have a separate entrance Units cannot be located on a second story SB 9 units may not be turned into condos or sold separately from other units on the property SB 9 Ordinance State Requirements Second Units and Two-Unit Development Additional City Standards The sewer capacity shall be tested as determined by the City Engineer A separate water line is required for each unit in compliance with the Riverside Highland Water Company The removal of a mature trees must be replaced with a new tree (24-inch box) SB 9 Ordinance State Requirements Second Units and Two-Unit Development Additional City Standards Deed Restriction, affordable rent requirement: Units shall be used and developed in compliance with the development standards Units shall be rented at an affordable rent for lower-income households for a minimum of 55 years SB 9 Ordinance State Requirements Second Units and Two-Unit Development Additional City Standards Rental Property Program: SB9 units will be assumed to be rentals and will be required to be subject to the City’s Non- Owner Occupied/Rental Property Program Units can not be rented for less than 31 consecutive days SB 9 Ordinance State Requirements Second Units and Two-Unit Development Additional City Standards Development Impact Fees: The Applicant will be required to pay development impact fees in an amount established by City Council resolution SB 9 Ordinance State Requirements Second Units and Two-Unit Development A two-lot subdivision shall not result on a parcel smaller than 40% of the lot area of the original parcel and must be at least 1,200 square feet SB 9 Ordinance State Requirements Lot Split Subdivision Zoning Minimum Lot Size 40%60% R1-7.2 7,200 sq. ft.2,880 sq. ft.4,320 sq. ft. Zoning Minimum Lot Size 50%50% R1-7.2 7,200 sq. ft.3,600 sq. ft.3,600 sq. ft. SB 9 Ordinance State Requirements Lot Split Subdivision Vacant lots are not eligible for urban lot splits An urban lot split cannot be further subdivided No more than two units are permitted on any parcel created by a lot split (including ADUs) Only residential uses are allowed SB 9 Ordinance State Requirements Lot Split Subdivision The owner of the parcel must live in one of the resulting parcels for a minimum of 3 years Easements must be dedicated for: •public services and facilities •access to public right-of-way Urban lot splits must comply with requirements of the Subdivision Map Act and City standards Urban lot splits will be ministerially approved without the public hearing Additional City Standards A courtesy notice will be mailed to immediately adjacent property owners If an urban lot splits results in the creation of a vacant parcel, the only permitted use of such parcel shall be a two-unit development subject to all the applicable requirements for SB 9 units. SB 9 Ordinance State Requirements Lot Split Subdivision Ordinance Requirements Accessory Dwelling Units(ADU) Junior Accessory Dwelling Units (JADU) ADUs are permitted in single-family and multifamily zones ADUs must be approved ministerially without a public hearing A parcel with one or more single-family dwellings can have up to one ADU The amount of ADUs allowed within a multifamily dwelling shall be equal to 25% of the number of units in the multifamily development, provided that fractional units shall be rounded down Ordinance Requirements ADU/JADU ADUs can be attached to, detached from, or built within other dwelling structures, or be created by converting non-habitable structures JADUs must be located within a single-family dwelling, and are allowed on parcels that have only one single-family dwelling and no multi-family dwellings JADUs must have independent living facilities but may share a bathroom with the primary unit, and only have an efficiency kitchen, and are limited to 500 square feet Ordinance Requirements ADU/JADU The city cannot impose owner-occupancy requirements on ADUs, but if property has a JADU the owner must live in the JADU or the primary dwelling ADUs and JADUs cannot be sold separately from other units on a property Only one parking space can be required for an ADU and no additional parking can be required for a JADU A deed restriction must be recorded for a JADU requiring compliance with State Law regulations Ordinance Requirements ADU/JADU Additional City Standards The size of a detached ADU will be limited to: Detached ADU Unit Type 850 sq. ft.Studio/one-bedroom units 1,000 sq. ft.Two or more bedrooms units Ordinance Requirements ADU/JADU Additional City Standards The size of an attached ADU will be limited to: Attached ADU size Unit Type 850 sq. ft. or 50% of the primary dwelling floor area, whichever is less Studio/one-bedroom units 1,000 sq. ft. or 50% of the primary dwelling floor area, whichever is less Two or more bedrooms units Ordinance Requirements ADU/JADU Additional City Standards Maximum height of 16 feet Minimum 4-foot rear and side setback A 15-feet separation between detached structures will be required Construction of ADUs above an existing one-story structure will be prohibited; however, existing second stories may be converted to ADUs or JADUs Ordinance Requirements ADU/JADU Additional City Standards The sewer capacity shall be tested as determined by the City Engineer A separate water line is required for each unit in compliance with the Riverside Highland Water Company The city will not require separate utilities for ADUs and JADUs that are located entirely within an existing primary dwelling unit Ordinance Requirements ADU/JADU Additional City Standards The architectural design of a second unit shall match the primary unit Manufacture homes used as ADUs must be less than10 years old on the day on installation and shall be installed on a permanent foundation The removal of a mature trees must be replaced with a new tree (24-inch box) Ordinance Requirements ADU/JADU Additional City Standards Rental Property Program: ADUs and JADUs will be assumed to be rentals and will be required to be subject to the City’s Non-Owner Occupied/Rental Property Program Units can not be rented for less than 31 consecutive days Ordinance Requirements ADU/JADU Additional City Standards Development Impact Fees: ADUs above 750 square foot are required to pay development impact fees, in an amount established by the City Council Ordinance Requirements ADU/JADU Environmental Review The adoption of SB 9 regulations is not a “project” for purposes of the California Environmental Quality Act (CEQA) pursuant to Government Code sections 65852.21(j) and 66411.7(n). Additionally, the adoption of an ordinance regarding second units (ADUs) in a single family or multi-family residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, the proposed Ordinances do not require any environmental review under CEQA. 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 Recommendation Staff recommends the Planning Commission adopt the attached Resolution Recommending to the City Council Adoption of an Ordinance Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments. Adopt a Resolution Recommending to the City Council Adoption of an Ordinance Updating the City’s Regulations Regarding Accessory Dwelling Units. Questions ?