CC 11-01-2022 Item No. 15. SB 9 Municipal Code Amendments_Staff Presentation1
City Council
November 1, 2022
SB 9 Municipal Code
Amendments
Background
●Senate Bill 9 effective January 1, 2022
●Urgency / Interim Ordinance 21-2235 adopted on
December 21, 2021
●Expires on December 19, 2022
●Tentative City Council 2nd Reading –November 15th
●Anticipated Effective Date – December 15, 2022
1
2
•CC 11-01-2022 Item No. 15
2
Objective Standards
State law supersedes certain City regulations for
subdivisions and development standards.
City may impose regulations that are:
●Objective
●Do not prevent Urban Lot Splits or two 800 sq.
ft. units
Study Session
Council provided input on:
a.Lot configuration
b.Second story decks and balconies
c.Grade change limitation
d.Zero-foot setback allowance
e.Second story building envelope requirement
3
4
3
Proposed Ordinance
●Based off Interim Ordinance 21-2235 standards
●Minor clarifying edits made
●Additional terms defined
●Major modifications made based on
feedback from City Council and the public
From Interim Ordinance
Subdivision Standards
a.Driveway standards
b.Building pad siting
c.Cut / Fill limitations
Zoning Standards
a.Unit Size and floor area ratio
limitations
b.Setback requirements
c.Basement and condo
limitations
Zoning Standards Cont.
d.Private open space
requirements
e.Grading limitations
f.Design requirements
g.Parking requirements
h.Frontage improvements and
dedications
i.ADU limitations
5
6
4
Proposed Ordinance
Since adoption of Interim Ordinance, changed:
a.Grade change limitations (PC Modification)
b.Balcony Limitations (PC Modification)
c.Lot configuration standards
d.Driveway standards
e.Grading on hillside lots
f.Zero-foot setback allowance
Planning Commission
Recommended Council adopt ordinance with
revisions to:
a.Disallow balconies, in perpetuity, on SB 9 units
b.Limit change in grade elevation to 12 inches,
regardless of existing lot slope.
7
8
5
Staff’s Recommendation
Adopt proposed ordinance, as recommended
by Planning Commission, except recommended
grade change limitation standard.
Grade Change Limitations
– Interim Ordinance
●Applied only to Urban Lot Splits
●Applied to both R1 and RHS zones
●Limited change in natural grade to 6-inches
9
10
6
Interim standard was restrictive.
One owner noted that standard limited ability to pursue
an Urban Lot Split.
Grade Change Limitations
– Feedback
●Limit change in grade elevation to 12 inches,
regardless of lot slope.
Grade Change Limitations
PC Recommendation
●Scaled limits based on lot slope
Staff Recommendation
11
12
7
Balconies – Interim Ordinance
Interim Ordinance disallowed balconies as part
of SB 9 development.
Subsequent approval of balconies with:
●Discretionary Minor Residential Permit in R1
zones
●Building permit in RHS zones
Balconies –Proposed Ordinance
Balconies still not allowed, in perpetuity, on any
SB 9 development.
Only allowed if entire home is permitted through
the discretionary process (i.e. not an SB 9 unit).
13
14
8
Accessory Dwelling Units
- Proposed Ordinance
Carries over adopted interim standard to
disallow ADUs on any property where:
a.An Urban Lot Split is proposed
b.One or more SB 9 units are developed
Recommended Actions
That the City Council:
1.Find the proposed actions exempt from
CEQA; and
2.Adopt the proposed Municipal Code
Amendments.
15
16