File #: 23-003    Version: 1 Name:
Type: Staff Report Status: Business
File created: 1/13/2023 In control: Community Development Committee
On agenda: 2/28/2023 Final action: 2/28/2023
Title: Provide Direction to Staff on Incorporating SB9 Requirements Into the City's Land Use Codes.
Indexes: Community Development
Attachments: 1. SB 9 Bill information, 2. sb9factsheet
Related files: 23-276, 23-419
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Title

Provide Direction to Staff on Incorporating SB9 Requirements Into the City's Land Use Codes.

 

Summary

In 2021, the State of California passed SB9 which provides a pathway for property owners to do a one-time subdivision of their lot as long as it meets specific criteria of the State, which includes, but is not limited to the following:

1. The lot must be zoned for single family residential (low density residential and suburban residential in the City).

2. The owner must sign an affidavit stating that they intend to live on the parcel for at least three years. (There are some exceptions)

 

If a property qualifies for the one-time SB9 subdivision the following apply:

1. Two parcels with no greater than 60/40 split can be created with the minimum lot size being no smaller than 1,200 square feet.

2. A duplex with each unit being at least 800 square feet and one ADU must be allowed on each parcel.

3. The subdivision must be processed ministerially and shall not go through a discretionary process.

 

Staff would like to request direction from the Committee on whether staff should:

1. Continue to process any requests under SB 9 in accordance with State Law; or

2. Amend the Land Use Code(s) to accommodate SB 9.