would not physically preclude construction of two primary residential units of at least 800 square feet on each lot.
Urgency Ordinance No. 2022-1 established standards for SB 9 projects city wide, including development standards to reflect some of the unique characteristics of Belvedere. If the City allows that ordinance to lapse before adopting permanent regulations, proposals for Urban Lot Splits and Two-Unit residential developments would be subject only to the very minimal standards included in SB 9. The proposed urgency ordinance contained in Attachment 1 would extend the life of the Ordinance No. 2022-1 until February 24, 2023. If the City Council adopts permanent SB 9 regulation regulations before that date, the new ordinance would include a repeal of Ordinance No. 2022-1.
DISCUSSION
The draft regulations in the urgency ordinance were meant to provide a starting point for objective limits on the subdivision of lots, limitations on the floor area, and limited objective design standards for proposed dwellings. Further discussion on these standards can occur in conjunction with discussions on housing goals and policies through the housing element process and refinement of objective design standards. Additionally, City staff and a subcommittee of the Planning Commission have been working with a consultant to develop Objective Design & Development Standards for multifamily residential development to address multifamily housing projects allowed by-right under SB 35 and other statutes.
Staff cannot predict what types of projects may be requested under SB 9. Staff believes that, if no local regulations are implemented, the provisions of SB 9 will primarily be used to develop market rate single family structures that maximize floor area. It will be appealing for single family applicants to avoid standard setback and parking regulations, demolition permits, and design review hearings, and to apply under the ministerial provisions of SB 9.
Staff has begun work on permanent regulations implementing SB 9, but the City will not be able to adopt them within the 45-day deadline. The one-year extension will allow staff to complete the regulations and ensure that they are well integrated with the City’s other ordinances.
PUBLIC COMMENTS/NOTICE
A notice of the proposed extension for the urgency ordinance amendments was published in the Marin Independent Journal newspaper. As of the writing of this report, no correspondence has been received regarding the project.
FISCAL IMPACT
Adoption of an extension for an urgency ordinance will not result in any new or additional cost for the City. The implementation of the interim ordinance will provide for comprehensive local regulation and procedures for regulatory compliance of SB 9 during the period that the City is in the process of adopting permanent regulations. This will serve to avoid confusion and or conflicts that may occur from having to implement SB 9 projects solely by means of state legislation, resulting in unnecessary use of staff resources and possible legal challenges.
PUBLIC HEARING BELVEDERE CITY COUNCIL
February 24, 2022
ENVIRONMENTAL REVIEW
This Ordinance will not directly or foreseeably cause a physical change in the environment and thus is not a project under the California Environmental Quality Act (CEQA) as provided by Gov. Code §§ 65852.21(j) and 66411.7. Therefore, no further review under CEQA is required.
CONCLUSION
The extension of the urgency ordinance will provide for a thorough and complete set of regulations that will allow staff to comprehensively review all SB 9 related development applications and enforce objective standards that retain the character of the community. In addition, it will ensure that the city remains compliant with current state law. The extension of the ordinance provides the basis for developing permanent regulations through future public hearings with the Planning Commission, where residents can provide additional public input, that would ultimately be reviewed and adopted by the City Council. Lastly, the City’s natural beauty, including the hills and the bay, is a uniquely valuable public resource and the City has interests in protecting the community and in reasonably regulating orderly development of single-family residential construction. Unregulated or disorderly development represents an increasing threat to health, welfare, and safety for the community.
Staff Recommendation
Staff recommends that the Council adopt an ordinance to extend the City’s SB 9 urgency ordinance, Ordinance No. 2022-01, which would allow the City additional time to establish regulations for SB 9 properties/projects. Staff recommends that an extension be granted for one year.
ATTACHMENTS
1. Ordinance for an extension of Urgency Ordinance (Ordinance No 2022.-01) for a period of one year Establishing Regulations for Qualified SB 9 Subdivisions & Development
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CITY OF BELVEDERE
ORDINANCE NO. 2022-01
AN EXTENSION OF AN URGENCY ORDINANCE (ORDINANCE NO. 2022-01) OF
THE CITY OF BELVEDERE AMENDING BELVEDERE MUNICIPAL CODE TITLE 18 – SUBDIVISIONS ESTABLISHING REGULATIONS FOR THE SUBDIVISION AND DEVELOPMENT OF QUALIFIED SENATE BILL 9 (SB 9) PROPERTIES AND AMENDING TITLE – 19 ZONING TO COMPLY WITH SENATE BILL 9 (SB 9) WHEREAS, the State of California has declared a severe housing crisis exists in the state with the demand for housing exceeding the supply; and WHEREAS, on September 16, 2021, Senate Bill 9 was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single family zones and providing for parcel map approval of an urban lot split; and WHEREAS, the changes made to the Government Code by Senate Bill 9 were effective January 1, 2022; and
WHEREAS, Senate Bill 9 requires cities and counties, including the City of Belvedere, to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two-unit or subdivision project meets certain statutory criteria and Senate Bill 9 specifies that proposed projects and subdivisions cannot be proposed in certain prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K) such as lands under conservation easement, and must meet certain standards if located in other areas, such as an earthquake fault zone, a federally designated flood plain, and a high fire hazard severity zone as defined under state law; and
WHEREAS, Senate Bill 9 further restricts the standards and regulations that local agencies, including the City of Belvedere, may impose on qualifying two-unit or subdivision projects, for example local agencies my impose only objective zoning, subdivision, and design standards that do not conflict with the statutes, but such standards must not physically preclude a unit size of 800 square feet; and in addition, the state law permits a local agency to deny a proposed two-unit or subdivision project only if the agency’s Building Official Makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute; and WHEREAS, the City’s natural beauty, including the hills and the bay is a uniquely valuable public resource and the city has interests in protecting the community and to be able to reasonably regulate orderly development of single-family residential construction and Page | 2
subdivision projects as permitted by Senate Bill 9 is desirable and unregulated or disorderly development represents an increasing threat to the health, welfare and safety for the community; and
WHEREAS, the default standards contained in the new state law include no objective zoning, subdivision, and design standards; and
WHEREAS, state law allows a local agency to adopt an ordinance to implement the provisions in Senate Bill 9; and
WHEREAS, Senate Bill 9 specifically authorizes local agencies to impose objective zoning, subdivision and design standards consistent with the bill’s provisions, and to adopt an ordinance to implement its provisions and Senate Bill 9 further provides that such ordinances are not considered a “project” under the California Environmental Quality Act (CEQA); and WHEREAS, the City of Belvedere (the “City”) has implemented land use policies, based on the City’s General Plan & Housing Element, which provide an overall vision for the community and balance important community needs, and the City seeks to ensure Senate Bill 9 projects are consistent with those policies; and
WHEREAS, the proposed amendments to the City of Belvedere Municipal Code implement the requirements of state law and add local policies that are within the scope of the state law; and
WHEREAS, on January 10, 2022, the City Council considered the amendments to the zoning ordinance for the purpose of amending its local regulatory requirements pertaining to single family home developments and subdivisions in a manner that complies with the new state law and it's consistent with California government code sections 65852. 21 and 66411. 7 as amended; and
WHEREAS, California Government Code section 65858 authorizes the city to adopt an interim urgency measure by a four-fifths vote where necessary to protect the public health, safety, and welfare without following the procedures otherwise required prior to adoption of a zoning ordinance; and
WHEREAS, because any interim urgency measure adopted pursuant to Government Code section 65858 shall be of no further force in effect 45 days from the date of adoption unless extended by the legislative body and during the effective term of the urgency ordinance, the city staff intends to undertake further study and present its recommendations to the City Council regarding permanent revisions to the city's requirements regarding two-unit residential developments and urban lot splits to achieve reasonable consistency with the goals and policies of the city's general plan, and California planning and zoning law; and WHEREAS, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this ordinance be enacted as an urgency ordinance pursuant to Government Code section 65858 and take effect immediately upon Page | 3
adoption, in that Senate Bill 9 is already in effect, and therefore this ordinance is necessary for the immediate preservation of the public peace, health safety and welfare; and WHEREAS, because this ordinance is intended to implement the provisions of Government Code sections 65852.21 and 66411.7, this ordinance is not considered a project under the California Environmental Quality Act (CEQA) and so requires no review under CEQA, as provided in Government Code Sections 65852.21(j) and 66411.7(n); and WHEREAS, on February 24, 2022, the City Council held a duly noticed public hearing at a Special meeting of the Council to consider a one-year extension of Ordinance No. 2022-01 (Exhibit A).
NOW, THEREFORE, the City Council of the City of Belvedere does hereby ordain as follows and extend for one-year Urgency Ordinance No.2022-01:
SECTION 1. FINDINGS.
a. All the facts and recitals above are true correct, incorporated herein and made a part hereof such that there exists a current and immediate threat to the public health, safety and welfare require an immediate implementation of an urgency ordinance to regulate residential development projects, subdivisions and site developments in the City of Belvedere.
b. The extension of the urgency ordinance is necessary for the preservation of the public peace, health, and safety, because the subdivision of lots end design and construction of single family residences, duplexes and accessory dwelling units pursuant to Senate Bill 9 without adequate standards can cause: land use and site development conflicts and incompatibilities including public safety, visual, privacy, acoustic and aesthetic impacts which would negatively impact the public welfare and the unique quality and character of the City.
c. The urgency ordinance is necessary to protect the City’s natural beauty, including the hills and the bay which are a unique and valuable public resource and the city has an interest in protecting the community and being able to reasonably regulate orderly development of multi-family and mixed use projects.
d. Based on the recent amendments to state law with respect to the regulation of SB9 units and lot subdivisions, there is a need for the City to update its current codes. e. This Ordinance is not a project under the California Environmental Quality Act (CEQA). (Gov. Code §§ 65852.21(j) and 66411.7). Therefore, no further review under CEQA is required.
INTRODUCED AND ADOPTED AT A PUBLIC HEARING at a Special meeting of the Belvedere City Council on February 24, 2022, by the following vote:
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AYES: Block, Campbell, Kemnitzer, and Mayor Wilkinson
NOES: None
ABSENT: Lynch
RECUSED: None
APPROVED: __________________________
Sally Wilkinson, Mayor
ATTEST: _____________________________
Beth Haener, City Clerk
Exhibit A