Consideration of an Extension of an
Urgency Ordinance Establishing
Interim Development Controls in
Response to Senate Bill 9
City Council
March 14, 2023
COMMUNITY
DEVELOPMENT
Why Are We Here?
• California Govt. Code Sections, 66452.6, 65852.21, and 66411.7 - Senate Bill 9 (SB 9)
• April 5, 2022, City Council adopted an interim urgency ordinance establishing interim objective development,
design, and subdivision standards – 45 days
• May 17, 2022 – Extension Approved – 10 months and 15
days
• April 4, 2023 - Interim Urgency Ordinance set to expire • CA Govt. Code Sec. 65858(a) allows City Council to
extend the interim urgency ordinance for one-year by a
4/5th vote
Two-Unit Residential Developments:
SB 9 Major Components
Demolition
Permitted Zones Setbacks
Square Footage
Parking
Short Term Rentals
Objective
Standards
Urban Lot Splits:
SB 9 Major Components
Minimum Lot Size
Owner Affidavit
Permitted Zones Setback
Minimum Number of Units
Parking Short Term Rentals Objective Standards
• Assess impact to City utility infrastructure (Sewer,
electrical etc.)
• Feasibility of code enforcement of owner-occupied
units/lots
• Evaluate unique horse-keeping standards for R1-H zones • Evaluate the possibility of an affordability requirement General Points from City Council Meetings
• Secured the services of Dudek Consulting.
• Met with City Attorney Office to clarify ambiguities in the State law.
• Contact with HCD regarding compliance of ordinance.
• Supplemental applications, Affidavit, FAQ handouts.
• Case studies of other local jurisdictions.
Staff Actions Over the Past Year
• Two (2) Urban
Lot Split Projects
• Eleven (11) Two
Unit Housing
Development
Projects
SB 9 Projects
Submitted
Guiding Principles
Working Together - establish objective development standards that facilitate the building of new housing pursuant to state law while preserving as much local control as possible and ensure compliance with the City’s Housing Element.
Safe Community - facilitate new housing at a density and intensity that can be supported by City infrastructure/utilities
Beautiful Community – provide state-compliant development and design standards that clarify community vision and help to preserve the beauty of the City’s neighborhoods.
Thriving Community – facilitate the development of new housing for all economic segments of the community, which help address the city’s jobs to housing imbalance while supporting the local economy with construction jobs, new property taxes, etc.
Local Jurisdictions Case Studies:
Local Jurisdictions
City of Los Angeles City of Long Beach
City of Glendale City of Alhambra
City of Pasadena County of Los Angeles
Major Takeaways
• Some cities focus on educating the general public
on what an SB 9 project is and what is allowed
• Others disincentivize SB 9 projects – overregulate
• HCD has denounced local jurisdictions for not
having sufficient evidence to support an “adverse
and unavoidable impacts” claim
Project Schedule
April 2023 May 2023 June /July 2023 February/March
2024 August 2023 October/November
2023
Draft
Standards #1
Community
Meeting
Final Draft
Standards
Public Hearings
City Council
Study Session
Necessity for Extension
• Additional time needed to complete the Zone Text
Amendment (ZTA) process.
• Without an extension, urgency ordinance will
expire on Tuesday, April 4, 2023.
• Urgency ordinance includes tailored objective
development and design standards focused on
ensuring adequate utility capacity to support these
projects and protect residential neighborhoods.
• Under California Government Code Section
65852.21(j) and 66411.7(n), the adoption of an
ordinance implementing the provisions of SB 9 is
statutorily exempt from the requirements of
California Environmental Quality Act (CEQA).
Environmental Assessment
Next Steps
April 2023 May 2023 June /July 2023 February/March
2024 August 2023 October/November
2023
Draft
Standards #1
Community
Meeting
Final Draft
Standards
Public Hearings
City Council
Study Session
Conclusion
• Staff recommends the City Council extend the
adopted interim urgency ordinance for an
additional 1 year, which would expire on April 4,
2024.
Contact:
Xjvirr Thomas
Associate Planner
(818) 238-5250
COMMUNITY
DEVELOPMENT