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HomeMy WebLinkAbout4.0_Senate Bill 9 Overview and Implementation_PA2021-277CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 21, 2022 Agenda Item No. 4 SUBJECT: Senate Bill 9 Overview and Implementation (PA2021-277) ▪Code Amendment No. CA2021-007 SITE LOCATION: Citywide APPLICANT: City of Newport Beach PLANNERS: Benjamin M. Zdeba, AICP, Senior Planner 949-644-3253, bzdeba@newportbeachca.gov Jaime Murillo, AICP, Principal Planner 949-644-3209, jmurillo@newportbeachca.gov PROJECT SUMMARY A study session presentation and discussion regarding proposed amendments to Titles 19 (Subdivisions) and 20 (Planning and Zoning) implementing Senate Bill No. 9 (SB 9). Effective on January 1, 2022, SB 9 enacted changes to state law that generally allow ministerial subdivisions and the construction of up to two units for lots that are designated for single-family use. RECOMMENDATION Review and provide input and direction to staff. DISCUSSION Introduction On September 16, 2021, Governor Gavin Newsom signed and approved Senate Bill No. 9 (SB 9) into law with an effective date of January 1, 2022. SB 9 includes provisions that would: 1)Allow construction of two units on a single-family zoned property; and 2)Allow urban lot splits (subdivisions) of a single-family zoned (or a comparable designation in a planned community zoning district) lot into two lots. A subdivision followed by the development of two units on each new lot could result in in a maximum of four total dwelling units. 1 INTENTIONALLY BLANK PAGE2 Senate Bill 9 Overview and Implementation (PA2021-277) Planning Commission Study Session, April 21, 2022 Page 2 All projects on qualifying properties processed pursuant to SB 9 must be done so ministerially, meaning there can be no public hearings and no review under the California Environmental Quality Act (CEQA). Qualifying properties include those zoned for single- family that are within an urbanized area. For Newport Beach, this means all R-1 Zoning Districts and areas within planned communities and specific area plans where single- family residences are allowed. However, it is important to note that many planned communities have active homeowners’ associations (HOAs), which have restrictions that may preclude SB 9 projects. Development Standards The City of Newport Beach (City) can only apply objective development standards. “Objective standards” are those that do not require any exercise in judgment to apply, including parameters like numeric setbacks, height and similar restrictions. These standards cannot be so restrictive that they prevent the construction of at least two units that are 800 square feet in size each. SB 9 includes the following mandatory development standards in the bill text: • Cannot require more than a four-foot side or rear setback; • Cannot require more than one parking space per unit; • Cannot require parking for projects within one-half-mile walking distance of a high- quality transit area or major transit stops, as defined by state law, or if there is a car- share vehicle located within one block; • Prohibits short-term rental use of any units created; • Prohibits alteration or demolition of existing units that were utilized as rental housing within the last three years; • Must allow the construction of attached units; however, attached units must be designed to meet all requirements for selling each unit individually; and • No additional setback can be required for existing structures or a structure constructed in the same location and to the same dimensions as an existing structure. The subdivision, or “Urban Lot Split”, provisions of SB 9 require the City to allow a single- family zoned property to be subdivided into two roughly proportional lots. SB 9 includes the following allowances or restrictions in the bill text: • No resulting lot can be less than 1,200 square feet and the proportionality of the split must be no more than 40 percent and 60 percent of the original lot area; • Cannot require dedication of right-of-way or construction of off-site improvements; 3 Senate Bill 9 Overview and Implementation (PA2021-277) Planning Commission Study Session, April 21, 2022 Page 3 • May require that parcels have access to a public right-of-way; • May require easements for the provision of public services and facilities; • Can prevent accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) from being constructed on properties when a lot is both subdivided and developed with two units; • Cannot require corrections of nonconforming zoning conditions on a property through conditions of approval or denial of a project; and • Must require the applicant sign an affidavit stating that the applicant intends to live on one of the properties as their primary residence for at least three years after the date of the subdivision. Although, it is notable that this does not apply to an urban land trust or a qualified nonprofit. Coastal Act Applicability The bill does not supersede the provisions of the Coastal Act; however, the City is precluded from holding a public hearing on coastal development permits for a project subject to SB 9 approval. Any changes made to Title 21 (Local Coastal Implementation Plan) to comply with state law will require review and approval by the California Coastal Commission. City Council Review and Current Procedures On November 30, 2021, City staff brought SB 9 to the City Council for review at a study session to seek guidance on preparing an ordinance. Staff presented an overview of the requirements, and some examples of how other jurisdictions were handling its implementation. The City Council understood that SB 9 brings with it some uncharted territory and directed staff to prepare an ordinance for consideration that includes all restrictions necessary to maintain neighborhood character and that upholds the health, safety and welfare of the community. Since the City does not currently have an ordinance in place, any objective design standards in the R-1 (and equivalent) Zoning Districts are still applicable unless they conflict with SB 9’s mandatory standards. Furthermore, although there is not a clear process identified for ministerial approval of urban lot splits, they will have not been precluded and would be processed ministerially via a parcel map in accordance with the purpose and intent of SB 9. There are two clear benefits of having an ordinance in place: 1) the City can create and apply tailored objective design standards to better guide and regulate projects taking 4 Senate Bill 9 Overview and Implementation (PA2021-277) Planning Commission Study Session, April 21, 2022 Page 4 advantage of SB 9’s provisions; and 2) the City will have a clearly identified process related to urban lot splits. Draft Code Amendment Staff is currently drafting proposed changes to Title 19 (Subdivisions) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) and expects to have the draft available prior to or at the study session for reference. Generally, Chapter 19.90 (Parcel Maps for Urban Lot Splits) will be added to provide an application filing and review process for Urban Lot Splits. Section 20.48.205 (SB 9 Housing Developments) will be added to provide all objective design standards and criteria for reviewing both SB 9 Housing Development and Urban Lots Split projects. At present, the Ordinance would include the following objective design standards or requirements: • Automatic sunset clause if state mandate goes away; • Owner-occupancy for project without an urban lot split; • Inapplicability to areas within the Coastal Zone; • Clarification of “acting in concert”; • Increased rear alley setback for safety purposes; • Clarification of “car-share vehicle”; • Limited dwelling unit size to 800 square feet; • Limited expansions on SB 9 housing developments when keeping existing units; • Limited building heights; • Application of objective design standards (e.g., architectural style and color, no roof decks, no exterior staircase on a frontage, step-back requirements, etc.); • Correction of existing nonconformities; • Prohibition on condominiums; • Affordability requirement for one of the primary SB 9 units; • Application of objective design standards for lot line configurations; • Vehicular access requirement through a shared driveway; • Prohibition of removing existing or potential on-street parking; • Alley access requirement if served by one; • Minimum accessway widths; • Provision of separate utilities for each lot; • In-lieu park dedication fee requirement; and • Deed restriction to notify future owners of requirements and limitations. Environmental Review This matter is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable 5 Senate Bill 9 Overview and Implementation (PA2021-277) Planning Commission Study Session, April 21, 2022 Page 5 indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15262 (planning study) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Public Notice The agenda item has been noticed in accordance with the Brown Act (72 hours in advance of the meeting) and it was posted at City Hall and on the City website, consistent with the provisions of the NBMC. Prepared by: Submitted by: _________________________ Benjamin M. Zdeba, AICP Senior Planner 01/12/18 6 Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Chair Lowrey and Planning Commissioners From: Benjamin M. Zdeba, Senior Planner Date: April 18, 2022 Re: Additional Staff Materials for Agenda Item No. 4 ________________________________________________________________ Enclosed for your reference is preliminary draft language proposed for Titles 19 (Subdivisions) and 20 (Planning and Zoning) related to the City’s implementation of Senate Bill 9 (SB 9). To assist with navigation, staff has color-coded the language to indicate existing, proposed, and recommended objective design and development standards or clarifications. This working draft is for discussion purposes only. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 1 Draft Code Revisions for SB9 Implementation BLACK – Current Code Language RED – Necessary Code Language for Implementation of SB 9 BLUE – Recommended Objective Design Standards or Clarifications The rows entitled “SB 9 Housing Developments” and “Urban Lot Splits” are proposed to be added to Table 2-1 (Allowed Uses and Permit Requirements) of Section 20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD) of Title 20 (Planning and Zoning) of the NBMC as follows: TABLE 2-1 ALLOWED USES AND PERMIT REQUIREMENTS Residential Zoning Districts Permit Requirements * P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) CUP-HO Conditional Use Permit in Residential Zoning Districts (Section 20.52.030) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not Allowed * Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. R-A R-1** R-BI R-2 RM RMD Specific Use Regulations Residential Uses SB 9 Housing Developments P P — — Section 20.48.205 Urban Lot Splits P P — — Chapter 19.90 and Section 20.48.205 Footnote 2 of Table 2-2 (Development Standards for Single-Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General Development Standards) of Chapter 20.18 (Residential Zoning Districts) of Title 20 (Planning and Zoning) of the NBMC is proposed to be amended to read as follows: (2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 2 of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Notwithstanding the foregoing, tentative parcel maps for urban lot splits that meet the requirements of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits) are permissible without a GPA. Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 (Planning and Zoning) of the NBMC is proposed to be added to read as follows: 20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts. This section provides regulations for the creation of SB 9 housing developments and urban lot splits as required pursuant to California Government Code Sections 65852.21 and 66411.7, or any successor statute. This section shall sunset automatically without action of the City in the event California Government Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by the State. A.Zoning Districts and Planned Communities. SB 9 housing developments and urban lot splits shall be allowed in the R-A and R-1 zoning districts or areas designated for single-unit residential within a planned community development plan or specific plan. B.Permit and Review Procedures. 1.SB 9 Housing Developments. An applicant for an SB 9 housing development shall obtain a zoning clearance in the form of an approval letter issued by the Community Development Director. 2.Urban Lot Split. An applicant for an urban lot split shall obtain a parcel map that meets the requirements set forth in Chapter 19.90 (Parcel Maps for Urban Lot Splits) and the applicable requirements set forth in Section 20.48.205. 3.Review Criteria. An SB 9 housing development or urban lot split is prohibited if any of the following conditions exist: a.Noncompliance. The property does not conform to the development standards and requirements as provided in this section. b.Demolition or Alteration of Certain Types of Housing Units. The development requires the demolition or alteration of any of the following types of housing: i.Dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to very low-, low-, or moderate-income households; ii.Dwelling unit that is subject to any form of rent or price control; or Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 3 iii.Dwelling unit that has been occupied by a tenant in the last three (3) years. The applicant and property owner of the development must provide a sworn statement as to this fact. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement; and the City may require additional evidence of the applicant and property owner as necessary to determine compliance with this requirement. c.Alteration of Existing Structures on Lots Occupied by Tenants. The development requires demolition of more than 25 percent of the existing exterior walls of any structure on a lot that has been occupied by a tenant in the last three (3) years. d.Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis Act (Government Code Sections 7060-7060.7) to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application. e.Historic Resource. The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or on a lot that is designated or listed as a City landmark or historic property. f.Environmental Resource or Hazard. As specified in more detail in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code Section 65913.4, the development is located on a lot that is any of the following: i.Either prime farmland or farmland of statewide importance; ii.Wetlands; iii.Within a very high fire hazard severity zone, unless the development is designed to comply with Section 9.04.380 (Requirements for Wildland Urban Interface Fire Areas). iv.A hazardous waste site, unless the lot has been appropriately cleared for residential use; v.Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards; vi.Within a special flood hazard area as mapped by the most recent adopted Floor Insurance Rate Plan unless the development is designed to comply with Chapter 15.50 (Floodplain Management); vii.Within a regulatory floodway; viii.Lands identified for conservation in an adopted natural resource protection plan; ix.Lands that include habitat for protected species; and Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 4 x. Lands subject to a conservation easement. g. Coastal Zone. The property is located in the coastal zone, unless Title 21 (Local Coastal Program Implementation Plan) is amended to allow for SB 9 housing developments and urban lot splits. h. Additional exclusions for urban lot splits. The review authority shall deny an urban lot split if any of the following conditions exist: i. The lot has been established through a prior use urban lot split; or ii. The owner of the lot being subdivided or a person acting in concert with the owner has previously subdivided an adjacent lot using an urban lot split. For the purposes of this subsection, “acting in concert” means pursuing a shared goal to subdivide adjacent lots pursuant to an agreement or understanding, whether formal or informal. 4. Standards. Except as modified by this subsection, an application for an SB 9 housing development or future development on a lot created through an urban lot split shall conform to all requirements of the underlying R-A or R-1 zoning districts, planned community standards, specific plan area, any applicable overlay district, and other applicable objective development standards of this title (Planning and Zoning), including but not limited to height, setback, site coverage, parking, floor area limit, etc. a. Setbacks. The SB 9 housing development or urban lot split shall provide minimum setbacks of four (4) feet from all side property lines and rear property lines not abutting an alley unless: i. The setbacks of the zoning district are less than the minimum setbacks set forth above; or ii. The SB 9 housing development or urban lot split will replace a dwelling with legal non-conforming setbacks and the replacement dwelling will be constructed in the same exact location and to the same exact dimensions as the existing dwelling. b. Parking. A minimum of one (1) garage parking space shall be provided for each additional SB 9 housing development or urban lot split unless the development is within: 1. One-half mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code; 2. One-half mile walking distance of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or 3. One block of a car-share vehicle. For the purposes of this section, “car-share vehicle” shall mean part of an established program Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 5 intended to remain in effect at a fixed location for at least ten (10) years and available to the public. c.Maximum Number of Units Allowed. i.A maximum of two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For the purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary unit, a unit created under this Chapter, an accessory dwelling unit, or a junior accessory dwelling unit. ii.A lot that is not created by an urban lot split may have a maximum of four (4) units consisting of single-unit or two-unit dwellings, plus any accessory dwelling units and/or junior accessory dwelling units allowed in compliance with Section 20.48.200. d.Unit Size. i.The dwelling unit shall not exceed eight hundred (800) square feet. ii.A dwelling unit that was legally constructed prior to the addition of a second dwelling unit as part of an SB 9 housing development and that is larger than those limits identified in (4)(d)(i) is limited to the existing floor area at the time of the SB 9 housing development approval. Any expansion of the existing dwelling unit is prohibited. iii.A dwelling unit that was legally constructed prior to the addition of a second dwelling unit as part of an SB 9 housing development and that is smaller than those limits identified in (4)(d)(i) may be expanded up to those limits after, or as part of the SB 9 housing development. e.Building Height. Each unit within the development shall not exceed one story and a height of sixteen (16) feet. A dwelling unit that was legally established prior to the addition of a second dwelling unit as part of a SB 9 housing development that exceeds sixteen (16) feet in height may be retained but shall not be increased. f.Design. i.Each dwelling unit shall be designed with the same color and materials to maintain a consistent architectural appearance. ii.No exterior stairway to a second or third-story shall be located on any front or side frontage facing a street. iii.Roof decks are prohibited. iv.The roof pitch/slope and roof style (e.g., hip, gable, mansard, dutch gable, flat, etc.) of the proposed dwelling unit must be the same as the existing dwelling. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 6 v. New second-story floor area shall be stepped back a minimum of five (5) feet from the first floor wall plane on all street facing elevations. No balcony deck or other portion of the second story may project into the stepback. g. Utility Connections. Utility Connection. Each dwelling unit shall provide separate connections to public utilities (or their equivalent), including water, electric, and sewer services. h. Short-Term Lodging. Any dwelling unit permitted pursuant to an SB 9 housing development or urban lot split shall not be rented for periods of thirty (30) days or less. i. Nonconforming Conditions. All nonconforming structures, uses or parking on a lot where an SB 9 housing development is proposed shall be brought into compliance with the development standards of this Zoning Code. j. Owner-Occupancy. For SB 9 housing developments not located on a lot created by an urban lot split, a natural person with legal or equitable title to the lot must reside in either primary dwelling unit or the second SB 9 housing development as the person’s legal domicile and permanent residence. k. No Separate Conveyance within a Resulting Lot. Dwelling units within a SB 9 housing development may be rented, but no dwelling units, including accessory dwelling units or junior accessory dwelling units, may be sold or otherwise conveyed separately from the lot. Additionally, condominium airspace divisions and common interest developments are not permitted within the lot and all fee interest in a lot and all dwelling units on the lot must be held equally and undivided by all individual property owners. l. Affordability Restrictions. Excluding accessory dwelling units, the second primary unit within the SB 9 housing development shall be restricted to occupancy by very low- or low-income households for a 30-year period. 5. Additional Standards for Urban Lot Splits. In addition to the requirements set forth in Title 19 (Subdivisions), an application for an urban lot split shall conform to all requirements of the underlying R-A or R-1 zoning district or single-unit residential property within a planned community or specific plan, and any applicable overlay district including but not limited to objective design criteria related to lot dimensions, subdivision design, and park dedications and fees. a. Lot Design. i. Minimum Lot Area. The urban lot split shall result in two (2) lots with a minimum lot area of one thousand two hundred (1,200) square feet each; and ii. Lot Area Proportionality. The urban lot split shall result in two (2) lots of approximately equal lot area but in no case less than forty (40) percent of the lot area of the other unit. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 7 b.Lot Lines. i.Proposed lot lines shall be straight lines unless existing improvements or the physical characteristics of the lot prohibit straight lot lines; ii.Proposed interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets; and iii.Proposed lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, open volume areas, floor area limitations, parking, etc.), nor increase the nonconformity of an existing nonconforming structure. c.Access. i.Each newly created lot shall have access to, provide access to, or adjoin a public right-of-way. ii.Arterials and Collector Roads. For lots that currently maintain access from a local street, each newly created lot shall be designed such that access to on-site parking spaces is provided from the local street. Vehicular access from an arterial or collector road is prohibited; iii.Driveways. Driveways shall be designed and constructed in accordance with City Design Criteria and Council Policy on driveway approaches, except as modified below: 1.Shared Driveways. Each newly created lot shall be designed such that access to on-site parking spaces is provided by a shared driveway approach through the recordation of a vehicular access easement across one lot; 2.Exception to Shared Driveway Approach. When alley access is provided to one (1) resulting new lot, separate access through the side yard setback area of a corner lot is permissible when access by the abutting street would not result in the loss of existing on- street parking spaces or prevent the creation of new on-street parking spaces by the closure of existing curb cuts. There shall be no new vehicular access driveway approach through a required front setback area. iv.Alley Access. Except as allowed by (5)(b)(iii)(2), for an existing lot that abuts an alley, each newly created lot shall be designed such that access to on-site parking spaces is accessed from the alley. The recordation of a vehicular access easement across one (1) lot is acceptable. v.Vehicular Access Width. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 8 1. Vehicular Access Easements. An easement providing a vehicular access driveway measuring no less than twelve (12) feet in width shall be provided. 2. Flag Lots. A narrow accessway portion of a flag lot shall measure no less than eighteen (18) feet in width to accommodate a driveway approach. d. Easements. The owner shall provide easements to the City related to the provision of public services and facilities as determined to be necessary by the City. e. Utilities and Drainage. Each lot must be served by a separate water service meter and a separate sewer connection. In addition, each lot shall drain to the street, alley, or public storm drain. i. Limitation on Conditions of Approval. The City may not require dedication of rights-of-way, off-site improvements, or correction of nonconforming zoning conditions as a condition of approval of a parcel map for an urban lot split. f. Owner-Occupancy. The owner of the lot proposed for an urban lot split shall sign an affidavit stating that the owner intends to occupy one (1) of the housing units as their principal residence for a minimum of three (3) years from the date of the final, recorded parcel map for the urban lot split, unless the applicant is a community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code. g. Separate Conveyance Between Resulting Lots. i. Separate conveyance of the resulting lots is permitted. ii. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. h. Park Dedication Fee. An in-lieu park dedication fee shall be paid in compliance with Chapter 19.52 (Park Dedications and Fees) for each new dwelling unit. 6. Deed Restriction and Recordation Required. Prior to the issuance of a building permit for a dwelling within an SB 9 housing development or the recordation of a parcel map for an urban lot split, the property owner shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the applicable owner occupancy requirements, affordability restrictions, prohibition on the separate conveyance, the approved size and attributes of the development, and restrictions on short-term rentals. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 9 7. Findings for Denial. Based upon a preponderance of the evidence, the development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, 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. Subsection (E) of Section 20.52.100 (Zoning Clearances) of Chapter 20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the NBMC is proposed to be amended to read as follows: E. Appeal to Commission. The Department’s action on a zoning clearance request may be appealed to the Commission in compliance with Chapter 20.64 (Appeals), unless said zoning clearance is for the ministerial approval of an SB 9 Housing Development pursuant to Section 20.48.205 in which case the Director is the final review authority. The following definitions are proposed to be added to the alphabetical list of definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning Code) of the NBMC to read as follows: “SB 9 Housing Development (Land Use)” means a residential development that contains two (2) new dwelling units or proposes to add one (1) new dwelling unit on a lot designated for single-family residential use with one (1) existing dwelling unit, pursuant to California Government Code Section 65852.21 or any successor statute. “Urban Lot Splits (Land Use)” means the subdivision of an existing, legally subdivided lot intended for single-family residential use to create one (1) new additional lot, pursuant to California Government Code Section 66411.7 or any successor statute. Section 19.12.010 (Tentative Map Review Authority) of Chapter 19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is proposed to be amended to read as follows: 19.12.010 Tentative Map Review Authority. The Planning Commission shall have the authority to approve, conditionally approve, or deny tentative tract maps and tentative parcel maps referred by the Zoning Administrator to the Planning Commission for review. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps. Appeals or calls for review from actions of the above reviewing bodies shall be processed in accordance with Sections 19.12.050 and 19.12.060, respectively. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps for urban lot splits in accordance with Chapter 19.90 (Parcel Maps for Urban Lot Splits). Tentative parcel maps for urban lot splits may be denied in accordance with Subsection 19.90.020(F) (Findings for Denial). Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 10 Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is proposed to be amended to read as follows: 19.12.060 Review of Tentative Parcel Maps. A. Review by Zoning Administrator. 1. Authority. Tentative parcel maps shall be reviewed and approved, conditionally approved or denied by the Zoning Administrator unless the Zoning Administrator determines that the public interest would be better served by review by the Planning Commission. In such a case, the tentative parcel map shall be reviewed in the same manner as tentative tract maps as set forth in Section 19.12.050. Notwithstanding the foregoing, the Zoning Administrator is barred from referring a tentative parcel map for an urban lot split to the Planning Commission. 2. Procedures. The provisions for tentative tract maps set forth in Sections 19.12.050(B) through (H) and (J), regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps. 3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten (10) days after the action unless appealed within the time limits specified in subsection (B) of this section. 4. Review of Tentative Parcel Maps for Urban Lot Splits. Tentative parcel maps for urban lot splits shall be reviewed and approved, conditionally approved, or denied by the Zoning Administrator pursuant to the provisions for tentative parcel maps for urban lot splits that are exclusively set forth in Chapter 19.90 (Parcel Maps for Urban Lot Splits). B. Appeal or Call for Review of Zoning Administrator Action. 1. Initiation of Appeal or Call for Review. Any interested person may appeal any action of the Zoning Administrator regarding a tentative parcel map, except a tentative parcel map for an urban lot split, to the Planning Commission. Only an applicant can appeal an action by the Zoning Administrator or the Planning Commission on a tentative parcel map for an urban lot split. Calls for review of any action of the Zoning Administrator regarding a tentative parcel map, except for a tentative parcel map for an urban lot split, may be initiated by a member of the Planning Commission, to the Planning Commission, in the member’s official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. Calls for review of any action of the Planning Commission regarding a tentative parcel map, except a tentative parcel map for an Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 11 urban lot split, may be initiated by a member of the City Council, to the City Council, in the member’s official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. In accordance with Government Code Section 66463.5, or any successor statute, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council. 2.Time Limits for Filing. Appeals or calls for review to the Planning Commission shall be filed with the Community Development Director within ten (10) days after the action of the Zoning Administrator on a form provided by the Community Development Director. Appeals or calls for review to the City Council shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission on a form provided by the City Clerk. An appeal of a denial of a tentative parcel map extension shall be filed with the City Clerk and heard by City Council in accordance with Government Code Section 66463.5, or any successor statute. The time limit for filing appeals on denials of a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning Administrator. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing. 3.Fees. Any appeal filed by an interested person shall be accompanied by a fee set by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision. C.Further Appeal or Call for Review. Any action by the Planning Commission, when acting as the Appeal Board, or any decision affirmed by the City Clerk due to Planning Commission inaction within the specified time limits in Sections 19.12.050(D) and (E) may in turn be appealed or called for review in accordance with the procedures and time limits set forth in Section 19.12.050. Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19 (Subdivisions) of the NBMC is proposed to be added in its entirety to read as follows: Chapter 19.90 Parcel Maps for Urban Lot Splits. 19.90.010 Purpose and Scope. 19.90.020 Application and Review of Urban Lot Split Parcel Maps. 19.90.030 Design and Improvement Requirements. 19.90.040 Concurrent Processing with Other Ministerial Permits for Housing Development. 19.90.050 Prohibition of Further Subdivision. 19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits. 19.90.070 Tentative Parcel Map for Urban Lot Splits Expiration and Extension. 19.90.010 Purpose and Scope. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 12 This Chapter serves to implement Government Code Section 66411.7 to provide an owner an alternative method to subdivide the lot for residential development. For purposes of this Chapter, “urban lot split” means the subdivision of an existing, legal lot in designated for single- family residential use zone to create one (1) additional lot. 19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits. A. Filing. Tentative parcel maps for urban lot splits shall be filed with the Community Development Department by a record owner or owners of the property to be divided or by their authorized agents. The required number of copies of the map shall be established by the Community Development Director through an application form. B. Application Fee. The map shall be accompanied by the required application fee(s), as established by resolution of the City Council. Such fees shall be in accordance with Section 66451.2 of the Subdivision Map Act and shall not exceed the amount reasonably required to administer provisions of this title. C. Form and Content. A tentative parcel map for an urban lot split shall be prepared by a licensed surveyor or civil engineer registered in the State of California in accordance with the Subdivision Map Act and this Code. Maps shall be in map form in size, scale and format as specified by the Community Development Director and shall be accompanied by other reports, exhibits, information and materials as required by the Director. The Director shall provide application forms and a list of required tentative map information on request. D. Supplemental Information. In addition to the items identified in (C) of this Section, the following supplemental information is required to be submitted with a tentative parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law: 1. A map of appropriate size and to scale showing all the following: a. Total area (in acreage and square feet) of each proposed lot; b. Zoning District and General Plan Land Use Category; c. The location and use of all existing and proposed structures; d. All required zoning setbacks for the existing and proposed lots; e. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements; f. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems; g. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions; i. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and j. Location of existing or proposed pedestrian pathway access to the public right of way. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 13 2. A statement of the owner, signed under penalty of perjury under the laws of California, that: a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. b. A lot or lots on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; c. Housing that has been occupied by a tenant in the last three years; d. The lot has not been established through prior exercise of an urban lot split under this Chapter; e. Neither the owner of the lot being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent lot under the provisions of this Chapter; f. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the final parcel map; g. Rental terms of any unit created by the subdivision shall not be rented for periods of thirty (30) days or less; and h. The uses allowed on a lot created by the parcel map shall be limited to residential uses. E. Review Authority and Approval. If the Zoning Administrator determines, after consultation with the City Engineer, that a tentative parcel map for urban lot split meets all requirements of this Chapter and Section 20.48.205(B) (Permit and Review Procedures), the Zoning Administrator shall approve the tentative parcel map. This action is a ministerial action in compliance with the provisions of this Chapter only. The findings under Section 19.12.070 (Required Findings for Action on Tentative Maps) do not apply. F. Findings for Denial. The Zoning Administrator shall deny any application for a tentative parcel map for urban lot split if, based upon a preponderance of the evidence, it would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, 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. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Study Session Preliminary Code Language Regarding SB 9 14 19.90.030 Design and Improvement Requirements. For lot design and development standards, see Section 20.48.205(B)(5) (Additional Standards for Urban Lot Splits). 19.90.040 Concurrent Processing with Other Ministerial Permits for Housing Development. A.No development, including grading, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards in Sections 20.48.200 (Accessory Dwelling Units) and 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts) , or any other adopted objective design standards in effect at the time a complete application is submitted. B.A building permit for development on an urban lot split cannot be issued until the parcel map records. 19.90.050 Prohibition of Further Subdivision. A lot created by a parcel map under this Chapter shall not be further subdivided. 19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits. See Section 19.12.090 (Amendments to Approved Tentative Maps) or its successor section. 19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits. See Chapter 19.16 (Tentative Map Expiration and Extension or its successor section. 19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits. See Chapter 19.56 (Final Map Filing) and Chapter 19.60 (Final Map Review) or their successor sections. Planning Commission - April 21, 2022 Item 4a - Additional Materials Received from Staff Senate Bill 9 Overview and Implementation (PA2021-277) April 21, 2022, Planning Commission Item 4 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. SENATE BILL 9 OVERVIEW AND IMPLEMENTATION (PA2021-277) The 14-page staff memo documenting the code changes proposed to comply with SB 9 is quite complex and will be very challenging to comment on in 3 minutes. It would have been helpful to include the study session presentation made to the Council on November 30, 2021, about SB 9. General Questions 1.Does the state review these ordinances for compliance, as they do with Housing Elements and ADU ordinances? Or is the City on its own in deciding what features are allowed under SB 9? 2.The staff report says (end of top paragraph on handwritten page 2) “it is important to note that many planned communities have active homeowners’ associations (HOAs), which have restrictions that may preclude SB 9 projects.” a.Where did this conclusion come from (it does not appear to be mentioned in SB 9)? b.Does it really mean HOAs, or should it be “lots with contrary CC&R’s recorded against them”? 3.On November 30, after the study session, the Council was asked to, and approved (as Item 9), the initiation of amendments to General Plan, Coastal Land Use Plan and Municipal Code Titles 19, 20 and 21. Yet the present proposal amends only Titles 19 and 20, and proposed Subsection 20.48.205.B.3.g (on page 4) excludes the entire Coastal Zone from the reach of SB 9. Can the City do that? 4.In reading the proposed code, I was often confused as to whether I was reading regulations that applied only to new units or to the existing unit or all units, or just one, on a newly created lot. In particular, I have trouble telling if an existing home on a lot where new ones are proposed is part of the “SB 9 housing development.” 5.I have found it useful for the code (both old and new) to provide some mechanism (such as bold, italics or capital letters) to distinguish words being used as defined terms from those to be read as ordinary words. Without that, “urban lot split” is particularly confusing to encounter, since any lot split on most any kind of property in Newport Beach would seem to be a lot split in an urban area. Specific Comments on Proposed Code in Staff Memo 1.Table 2-1, footnote (2). The proposed new language in red could be added more compactly: “With the exception of tentative parcel maps for urban lot splits that Planning Commission - April 21, 2022 Item No. 4b - Additional Materials Received Senate Bill 9 Overview and Implementation (PA2021-277) meet the requirements of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits), New new subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Notwithstanding the foregoing, tentative parcel maps for urban lot splits that meet the requirements of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits) are permissible without a GPA.” 2. 20.48.205.A: Since planned community texts and specific plans generally take precedence over the Zoning Code, is this statement making the changes applicable to single family areas of planned communities and specific plans sufficient? Or does each of them with such lots have to be amended? 3. 20.48.205.B.2: Why is “Section 20.48.205” spelled out here, when it is simply referred to as “this section” in the other parts? 4. 20.48.205.B.3.b.iii: The term “tenant” does not appear to be defined. In common use, a occupying a structure he owns could be referred to as the current “tenant” of it. But I think this is trying to refer to non-owners renting or leasing(?) a dwelling. In any event, the part in blue, with its reference to a required “sworn statement as to this fact,” is quite confusing, for I think the applicant is required to state the dwelling was not occupied by tenant, rather than it was. 5. 20.48.205.B.3.h.i: The words “prior use” (especially “use”) add nothing but confusion for me. 6. 20.48.205.B.4.c.i: Was the reference to “this Chapter” intended to be to “this section”? 7. 20.48.205.B.4.d.i: Does the 800 square foot limit include a garage if the owner wishes to provide one with the dwelling? 8. 20.48.205.B.4.e: Was the second sentence intended to read “A dwelling unit that was legally established prior to the addition of a second dwelling unit as part of a SB 9 housing development that exceeds one story or sixteen (16) feet in height may be retained but shall not be increased.” 9. 20.48.205.B.4.f.v: This refers to “new second story floor area” but 20.48.205.B.4.e prohibits new second stories. Aren’t these in conflict? 10. 20.48.205.B.4.j: Line 3 was apparently intended to read “reside in either the primary dwelling unit or the second SB 9 housing development …” 11. 20.48.205.B.5.a.ii: The proportionality rule is misstated. I believe it should read: “The urban lot split shall result in two (2) lots of approximately equal lot area but in no case less than forty (40) percent of the lot area of the other unit original lot.” If, after the split, the smaller lot is allowed to be 40% the size of the larger lot, that smaller lot would be just 29% the size of the original lot, with the larger one being 71% of the original size. Planning Commission - April 21, 2022 Item No. 4b - Additional Materials Received Senate Bill 9 Overview and Implementation (PA2021-277) 12. Page 8: The second read paragraph (between “e” and “f”) is labeled “i”. It appears it was intended to be “f”, in which case the remaining paragraphs need to be renumbered. 13. “20.48.205.B.5.g”: a. Should this read: “Separate Conveyance Between of Resulting Lots” b. Is the reference to “attached” structures on adjoining lots consist with the City’s general prohibition on allowing structures to extend across lot lines? 14. 20.48.205.B.6: Is there ever a “prohibition on separate conveyance”? “20.48.205.B.5.g” appears to allow separate conveyance. 15. 20.48.205.B.7: This is phrased as a disconnected statement, without indication of what is to be done with it. Compare to F on page 13. 16. 19.12.060.A.1: This could be simplified to: “Tentative parcel maps shall be reviewed and approved, conditionally approved or denied by the Zoning Administrator unless, except in the case of an urban lot split, the Zoning Administrator determines that the public interest would be better served by review by the Planning Commission. In such a case, the tentative parcel map shall be reviewed in the same manner as tentative tract maps as set forth in Section 19.12.050. Notwithstanding the foregoing, the Zoning Administrator is barred from referring a tentative parcel map for an urban lot split to the Planning Commission.” 17. 19.12.060.B.1: I am unclear why the applicant, and only the applicant, can appeal the decision of the Zoning Administrator, why it would be before the Zoning Administrator, or how it would get to the Planning Commission. While I would like an appeal mechanism, aren’t these supposed to be approved ministerially? 18. 19.90.020.C: In sentence 2, the words “in map form” adds no meaning for me. 19. 19.90.020.D.1.f: Why is “electricity” omitted from this line, but included on the preceding one? 20. 19.90.060: This, and the remaining sections (19.90.070 and 19.90.080), simply say “See …” That seems a meaningless statement unless one is told what one is expected to do with what one sees there. Do the sections referred to apply to “urban lot splits”? 21. 19.90.060: The closing parenthesis is missing. Planning Commission - April 21, 2022 Item No. 4b - Additional Materials Received Senate Bill 9 Overview and Implementation (PA2021-277) Senate Bill 9 (SB 9) Implementation Planning Commission Study Session April 21, 2022 Benjamin Zdeba, Senior Planner Jaime Murillo, Principal Planner Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Overview of SB 9 •Became effective January 1, 2022 •Applies to R-1 (and equivalent) lots only Two primary provisions: 1.SB 9 Housing Development –Allows two- unit development on one lot 2.Urban Lot Split –Allows subdivision of one lot into two lots Community Development Department 2 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Exclusions •Environmentally sensitive sites •Historic district or historic site (City has no historical districts) •Protected housing units o Rental housing, affordable, rent- controlled •Very high fire hazard zones, special flood hazard areas (City has mitigation measures –does not apply) Community Development Department 3 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 and Coastal Zone •Does not supersede Coastal Act •Public hearing on a coastal development permit not required •City can apply Local Coastal Program standards and criteria For cities with certified LCPs, an LCP amendment is required to implement in Coastal Zone Community Development Department 4 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Mandatory Standards •Setbacks: o No more than four feet for sides and rear •No less than two 800-sq.ft. units •No more than one parking space per unit •No parking required in transit-rich areas •Short-term rentals are prohibited Community Development Department 5 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 “Urban Lot Split” •Ministerial approval •Minimum lot size: o Not less than 40% of original lot o Not less than 1,200 sq. ft. each •Ownership affidavit required •City not required to allow more than two units on each lot (including ADUs) Community Development Department 6 1,200 sq. ft. 3,000 sq. ft. Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Urban Lot Split Limitations •Cannot: o Allow same applicant to subdivide adjoining lots (includes LLCs) o Allow urban lot split twice on same site o Require right-of-way dedications or off- site improvements (e.g., repair sidewalk or alley) Community Development Department 7 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Example A: Duplex and ADUs •Existing: o 1 unit •Proposed: o Existing remains o 1 new unit o 2 ADUs Total of 4 units, 1 lot Community Development Department 8 Existing Unit New Unit New ADU New ADU Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Example B: Lot Split Duplex + ADU •Existing: o 1 unit •Proposed: o Lot split o Existing remains o 1 ADU o 2 new units Total of 4 units, 2 lots Community Development Department 9 Existing Unit New Unit New Unit New ADU Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Example C: Lot Split Duplexes + ADUs •Existing: o 1 unit •Proposed: o Lot split o Existing removed o 4 new units o 4 new ADUs Total of 8 units, 2 lots* *If no ordinance in place Community Development Department 10 Existing Unit New Unit New Unit New Unit New Unit New ADU New ADU New ADU New ADU Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Development Standards •Cities may adopt only objective design and development standards (e.g., setbacks, height, and floor area, etc.) •At City Council Study Session on November 30, 2021, directed staff to prepare a compliant, but restrictive ordinance •Staff waited for HCD guidelines to be released –not released until March 2022 Community Development Department 11 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Community Development Department 12 5’ Rear Alley 4’ Side Draft prepared (Title 20) •Limit each unit to 800 square feet •One-story limit (16 feet) •Affordable housing requirement •Increased rear alley setback •Objective design standards •Prohibit condominiums •Correction of existing nonconformities 20’ Front ALLEY 4’ Side 800 sf 800 sf Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Community Development Department 13 Draft prepared (Titles 19 and 20) •Limit to maximum of four units •Access through shared driveway •Alley access required •Separate utilities •In-lieu park dedication fee •Lot line objective design standards •Prohibit removing on-street parking 1,800 sq. ft. 1,200 sq. ft. ALLEY 3,000 sq. ft. STREET Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Community Development Department 14 •Automatic sunset clause for new SB 9 Housing Developments and Urban Lot Splits •Inapplicability to Coastal Zone •Deed restriction to notify future owners of requirements and limits Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) SB 9 Implications: Newport Beach •Unclear how many homeowners will take advantage of SB 9 •Approximately 17,000 single-family lots now eligible for two units •Approximately 16,500 that are eligible for urban lot split •Approximately 7,250 have active HOAs o HOAs are not currently subject to SB 9 •May be other factors, including rental exclusions, homeowner desires, ordinance restrictions Community Development Department 15 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) Next Steps •May 12, 2022,Planning Commission Public Hearing to consider recommending adoption to City Council •June 2022, City Council Public Hearing to adopt Ordinance Community Development Department 16 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) 17 Benjamin Zdeba, Senior Planner bzdeba@newportbeachca.gov Jaime Murillo, Principal Planner jmurillo@newportbeachca.gov Planning Commission Study Session April 21, 2022 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277) HCD Review and Enforcement •HCD Housing Accountability Unit does not have enforcement authority for SB 9 •As of April 11, there were 29 complaints for cities with ordinances that appear overly restrictive •Plans to enforce through other related bills (i.e., AFFH, Housing Crisis Act, Housing Accountability Act) and with Attorney General’s Office Community Development Department 18 Planning Commission - April 21, 2022 Item No. 4c - Additional Materials Presented at the Meeting by Staff Senate Bill 9 Overview and Implementation (PA2021-277)