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 ?