To the members of the:
CITY COUNCIL
Date 1/ k l22..CAd_CC~ /
CM _L. ACM_/_ D DCCt--M {3} _✓
Jan. 6, 2022
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Deputy City Manager, Community Services
Jeff Murphy, Community Development Director
Via: Geoff Patnoe, Acting City Manager
{city of
Carlsbad
Memo ID# 2022005
Re: Senate Bill (SB) 9 Housing Opportuni y & More Efficiency Act (Districts - All) This memorandum provides an overview of Senate Bill (SB) 9, the Housing Opportunity & More Efficiency Act.
Background
On Sept. 16, 2021, Governor Gavin Newsom signed into law a series of bills intended to help address housing affordability and availability by mandating local permit review streamlining and administrative increases in residential densities. The most significant bill that was signed was SB-9, also referred to as the California Housing Opportunity and More Efficiency (HOME) Act.
SB-9, which became effective on Jan. 1, 2022, is designed to facilitate the process for homeowners who live in single-family neighborhoods to allow them to construct two residential homes, attached or detached, on their property. Additionally, SB-9 allows a property owner to subdivide their current residential lot into two parcels and construct two new residential units on each lot, resulting in four total homes. SB-9 provides for a ministerial approval process, meaning that city officials would have to approve eligible requests administratively without a discretionary review process, CEQA environmental analysis, or public hearings, provided certain development standards are met .
Discussion
To educate city residents on the provisions of SB-9, the Community Development Department created Informational Bulletin IB-#133 entitled "SB-9 California HOME Act." The informational bulletin summarizes the eligibility requirements of SB-9 and includes a listing of the development standards that can be applied to proposed projects. A copy of the informational bulletin is included as Attachment A. A copy of the SB-9 application submittal checklist is included as Attachment B.
However, because the Informational Bulletin IB-#133 includes resource links, an on line version of the document can be accessed via the link below, which will take you to the Community Development Department's public facing informational bulletin library:
https://www .carlsbadca.gov/departments/community-development/departmental-information bulletins
Considering the impacts SB-9 has on local land use control, there are several logistical and procedural steps that require clarification. The California Department of Housing and Community Development (HCD) has informed cities that they will be releasing an SB-9 resource guide within the coming months. Considering that this law is effective Jan. 1, 2022, and the city needs to advise customers on Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 t Council Memo - SB-9 Housing Opportunity & More Efficiency Act (District - All) Jan.6,2022
the new requirements, the procedures and processes described in Informational Bulletin IB-#133 are based on the current understanding and interpretation of SB-9. The Informational bulletin and referenced checklist have been reviewed and approved by the City Attorney's Office as well as the city's outside legal counsel, the Sohagi Law Group.
Next Steps
Staff will continue to monitor and engage the HCD on SB-9 implementation, as well as monitor and engage neighboring cities on how they are implementing the new state law. Lastly, in January/February 2022 the Sohagi Law Group will be conducting a workshop for the City Council to provide an overview of the more significant housing bills that were approved this past year, including SB-9.
Attachment: A. Info-Bulletin 133 (SB-9 California HOME Act) B. SB-9 Eligibility Checklist (Form B-74)
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Paz Gomez, Deputy City Manager
Mandy Mills, Housing & Homeless Services Director
Tom Frank, Transportation Director
David Graham, Chief Innovation Officer
Mike Strong, Assistant Director
Don Neu, City Planner
Jason Pasiut, Building Official
Jason Geldert, Engineering Manager
Eric Lardy, Principal Planner
Scott Donnell, Senior Planner
Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov SB-9 California HOME Act
IB-133
CA Senate Bill 9 (SB-9), added Govt. Code §65852.21
and §66411.7, commonly referred to as the Housing
Opportunity & More Efficiency (HOME) Act, which
became effective on Jan. 1, 2022. SB-9 also
incorporates several requirements from Gov. Code
§65913.4(a)(6)(B) through (K). This info-bulletin
provides an overview of how the law affects the city’s
review and approval of eligible housing developments.
The bulletin is only intended to summarize many
provisions of state law rather than cite them in total.
For more information about SB-9, please refer to the
referenced government code sections as well as
updates to this info-bulletin.
BACKGRO
UND
SB-9 introduced two approaches toward alleviating the
state’s housing crisis that apply to existing single-family residential zones. First, the bill allows a property owner to have two residential units (attached or detached)
on a parcel zoned for single-family housing, thereby
creating a duplex. This is referred to as a “Single Lot Duplex.”
SB-9 goes further by allowing property owners to split
a single-family lot into two lots and place up to two
units on each newly created lot, resulting in the
potential for up to four units (attached or detached)
on properties currently limited to single-family
houses. This is referred to as an “Urban Lot Split.”
The bill also requires cities to ministerially approve
applications that do not conflict with minimum
development standards, meaning that jurisdictions
must approve either a Single Lot Duplex or Urban Lot
Split without discretionary review, CEQA
environmental analysis, or public hearings.
PROJECT ELIGIBILITY
Single Lot Duplex
Properties meeting the following minimum standards
are eligible for a Single Lot Duplex. Applicants are
advised to review Gov. Code §65852.21 for additional
statutory guidance.
• The property is located within the R-A, R-E or, R-1
Zones as reflected in the city’s Zoning Map.
• The property is located within an urbanized area
or urban cluster pursuant to the US Census
Bureau. According to the census map
, the entire
City of Carlsbad is considered an urbanized
area/urban cluster.
• The property is not located within any of the
following (See Gov. Code §65913.4(a)(6)(B)
through (H) for additional guidance):
o Agricultural Farmland - prime/statewide
significance/zoned for agriculture by ballot
measure.
o High or very high fire hazard severity zone -
unless the new development complies with
the city adopted fire hazard mitigation
measures).
o Hazardous waste site - unless cleared by
DTSC/applicable agency.
o Delineated earthquake fault zone - unless the
development is in compliance with applicable
seismic protection building code standards.
o Within a 100-year floodplain/regulatory
floodway (unless compliant with qualifying
exceptions).
Documents Referenced
HOME Act; SB-9
Single-Family Zoned Properties; Map
2010 Census – Urbanized Area Reference Map
SB-9 Eligibility Checklist; B-74
Residential Building Permit Application; B-1
Development Permit Application; P-2
Concurrent Permit Processing; IB-113
CA Coastal Zone; Map
Housing Element Annual Progress Report; Website
Attachment A
{city of
Carlsbad
Informational Bulletin
• The property is not within a natural community
conservation plan, habitat conservation plan,
conservation easement for protected
habitat/species, or wetlands (See Gov. Code
§65913.4(a)(6)(C), (I), (J), and (K) for additional
guidance).
• The housing development does not require
demolition or alteration of any of the following
housing types (See Gov. Code § 65852.21(a)(3) for
additional guidance):
o Housing that is rent restricted for moderate,
low, or very low income; or,
o Housing that has been occupied by a tenant
in the last three years.
• Cannot be on a parcel that exercised owners’
rights under Government Code §7060 to
withdraw accommodations from rent or lease
within 15 years.
• The housing development does not involve the
demolition of more than 25% of the existing
exterior structural walls or has not been occupied
by a tenant in the last three years.
• The existing residence is not located within an
established historic district or listed in an adopted
historic resources inventory (See Gov. Code §
65852.21(a)(6) for additional guidance).
Urban Lot Split
In addition to the eligibility requirements listed above under Single Lot Duplex, properties meeting the
following minimum standards are eligible for an Urban
Lot Split. Applicants are advised to review Gov. Code
§66411.7(a) for additional statutory guidance.
• The property was not created through a previous
Urban Lot Split
• Adjacent parcel can only be subdivided via SB-9 if
owners are independent.
BUILDING CONSTRUCTION STANDARDS
Applicants are advised to review Gov. Code
§65852.21(b) and (e) and 66411.7(c) and (h) for
additional statutory guidance.
Single Lot Duplex & Urban Lot Split
Development created under a Single Lot Duplex or
Urban Lot Split application must adhere to all
objective zoning, subdivision, and design review
standards such as building height, setback, and lot
coverage, with the following exceptions.
• The minimum setback from the side and rear
setback shall not be less than four feet.
• A new structure may be constructed in the same
location and to the same dimensions as an
existing structure, despite city setback
requirements, provided the new structures meet
building code safety standards and are sufficient
to allow separate conveyance.
• At least one off-street parking space may be
required for each unit, unless the parcel is located
within one-half mile walking distance of a high-
quality transit corridor/major transit stop, or
there is a car share vehicle located within one
block of the parcel. (See Gov. Code §§
65852.21(c)(1) and 66411.7(e)(3) for additional
guidance.)
• For residential units connected to an onsite
wastewater treatment system, a percolation test
completed within the last 5 years, or, if the
percolation test has been recertified, within the
last 10 years.
• The city shall waive the objective design standards
if the applicant can show that the standards
physically preclude the construction of either of
the two units from being at least 800 sf in floor
area.
• A restriction shall be recorded prohibiting the use
of the units from being used as short-term
vacation rentals; the units must be rented for a
term longer than 30 days.
PARCEL MAP STANDARDS
Urban Lot Split
When designing an Urban Lot Split, the proposed
subdivision shall conform to all applicable objective
requirements of the Subdivision Map Act and CMC
§21.28, including the following:
IB-133_SB9 HOME Act_01/22 Page 3 of 4
• No more than two new parcels of approximately
equal lot size can be created.
• Standards requiring dedications of public rights-
of-way shall not be imposed.
• Standards requiring the construction of offsite
improvements shall not be imposed.
• No one parcel can be smaller than 40% of the
original parcel size.
• The minimum lot size of each lot shall be at least
1,200 square feet.
• Each lot shall provide access (frontage or access
easement) to the public right-of-way per city
standards, which is a minimum of 20 feet in
width.
• Property owners must sign an affidavit stating
they will occupy one of the housing units as a
primary residence for at least three years after
splitting the property or the addition of units
(exceptions provided for community land trusts
and qualified nonprofit corporations. See Gov.
Code § 66411.7(g) for additional guidance.)
• A restriction shall be recorded against the
property prohibiting future Urban Lot Splits.
• A restriction shall be recorded that uses allowed
on a lot created by SB-9 shall be limited to
residential uses.
COASTAL ZONE STANDARDS
Pursuant to Govt. Code §65852.1(k) and §66411.7(o)
of the HOME Act, nothing in SB-9 shall be construed
to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the
Public Resources Code), except that the local agency
shall not be required to hold public hearings for
coastal development permit applications for a housing
development.
The city interprets these sections as allowing the
application of the majority of Carlsbad’s certified Local Coastal Plan (LCP) development standards and
regulations. Pursuant to the California Coastal Act
Section 30108.6, a local coastal program consists of
land use plans, zoning ordinances and maps, and
other implementing actions, that taken together
“meet the requirements of, and implement the
provisions and policies of, [the Coastal Act] at the local level.”
To implement the Coastal Act in Carlsbad, the
California Coastal Commission (CCC) certified the
Carlsbad LCP, including the implementing procedures
identified in CMC § 21.201.010 et seq. As such, all
certified development and zoning standards, density
limitations, and permit processing requirements
would likely be applicable to SB-9 developments in the
Coastal Zone, except for the requirements for a public
hearing, including but not limited to CMC §§
21.201.080(B), 21.201.150, and 21.54.060.
The city will continue to monitor guidance issued by
Coastal Commission on this topic.
PERMIT PROCESSING STEPS
The sections below provide the required permit
applications and general processing steps to secure
necessary approvals under SB-9. All permit application
submittals, whether for building, lot split, or coastal development, must include a completed SB-9 Eligibility
Checklist (B-74) in order for the application packet to be accepted for intake and processing.
Building Permit Application
• All residential units created or remodeled as part
of a Single Lot Duplex or Urban Lot Split are
required to submit a Residential Building Permit
Application (B-1). Please include “SB-9 SINGLE LOT
DUPLEX” in the description of work section of the
application.
• If a housing development involves an Urban Lot
Split, under certain circumstances the city will
allow the concurrent processing of both
applications. Refer to Info-Bulletin IB-113 to
understand when concurrent processing can be
authorized BEFORE submitting a building permit
application.
• Applications for Single Lot Duplex projects will
follow the same permit processing steps as any
other residential building permit application.
Administrative Minor Subdivision Application
• For a two-lot subdivision, a completed
Development Permit Application (P-2) is required.
Please include “SB-9 URBAN LOT SPLIT” in the
description of work section of the application.
• Applications for Urban Lot Splits shall follow the
same permit processing steps set forth in CMC
§20.24, with the following exceptions.
o A public hearing shall not be required to
approve an Urban Lot Split.
o An approved tentative map shall expire 24
months after approval unless extended or
certain conditions are met under Government
Code 66452.6.
o Pursuant to §65852.21(a), an Urban Lot Split is
considered a ministerial action. Pursuant to
CEQA Guidelines Section 15268(a), ministerial
projects are exempt from CEQA.
Coastal Development Permit Application
The following permitting steps shall apply to
processing a CDP for projects involving an Urban Lot
Split and/or Single Lot Duplex within the Coastal Zone. • Properties located within the Coastal Zone are
required to submit a completed Development
Permit Application (P-2
). Please include “AN SB-9
PROJECT” in the brief description of work section
of the application form.
• SB-9 projects will follow the same permit
processing steps set forth in CMC §21.201, with
the exception that a public hearing shall not be
required to approve an Urban Lot Split and/or
Single Lot Duplex. Neighboring property owners
will still be notified of the permit application
pursuant to city code but permit approval will be
done administratively by the City Planner, whose
decision can be appealed.
ANNUAL REPORTING
Pursuant to SB-9, the city is required to report all
urban lot splits on its 2021-2029 Housing Element
Annual Housing Progress Report, which is due in April
for the preceding year. The annual report is submitted
to the California Department of Housing and
Community Development (HCD) in accordance with
State housing law requirements. The reports are
available on the department’s housing website, which
is linked HERE.
YOUR OPTIONS FOR SERVICE
To schedule an appointment or to learn more about
this process, please contact the Planning Division at
760-602-4610 or via email at
[email protected]
.
THE HOME ACT (SB-9)
ELIGIBILITY CHECKLIST
B-74
Community Development Dept.
Planning Division
1635 Faraday Avenue
(760) 602-4600
www.carlsbadca.gov
Refer to IB-133 for information
B-74_SB-9 Eligibility Checklist; Revised 01/22 Page 1 of 3 Applicants intending to propose a Single Lot Duplex and/or Urban Lot Split pursuant to SB-9 [Gov. Code §§65852.21 and 66411.7] must complete this checklist to demonstrate eligibility. Refer to Informational Bulletin IB-133 for additional information on the state’s HOME Act allowances and the city’s permit application review processes.
SINGLE LOT DUPLEX
The following pertains to the property being considered for SB-9 application, including any existing structures, whether the primary home or accessory dwelling unit (ADU), that are on the site.
Applicants answering “YES” to the following statements may be eligible for SB-9 processing.
Applicable Government Code sections provided.
YES NO
Residential Property. The property is zoned R-1 (One Family Residential), R-A (Residential Agriculture), or R-E (Residential Estate) pursuant to the city’s adopted zoning map and no more than two residential units are proposed on a single-family parcel. ☐ ☐
Agricultural Farmland. The property, in whole or part, is not listed as prime farmland or farmland of statewide importance as designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned for agricultural preservation or protection by ballot measure.
☐ ☐
Wetlands. The property, in whole or part, does not contain any wetlands as defined in the US Fish & Wildlife Services Service Manual, Part 660 FW 2 (June 21, 1993). ☐ ☐
Fire Hazards. The property is not located within a high or very high fire hazard zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code, unless the project complies with the city’s fire hazard mitigation measures and ignition resistant construction design standards.
☐ ☐
Hazardous Waste. The property is not listed as a hazardous waste site pursuant to §65962.5 of designated by the Department of Toxic Substances Control pursuant to §25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use. ☐ ☐
Earthquake Fault. The property is not within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection code standards adopted by the CA Building Standards Commission under the CA Building Standards Law (part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and CMC §18.04.010 where the city adopted by reference the 2019 California Building Code chapter 16, section 1613 Earthquake Loads which references chapter 18 of the American Society of Civil Engineers ASCE 7-16 manual. ☐ ☐
Flood Hazards. The property is not located within a special flood hazard area in any official maps published by the Federal Emergency Management Agency unless the development complies with the city’s FEMA floodplain requirements.
☐ ☐
Demolition of Occupied/Affordable Unit. The project does not involve the demolition or alteration of housing for families of moderate, low or very low-income household or subject to any form of rent or price control, or housing that has been occupied by a tenant in the last three years. ☐ ☐
Attachment B
{city of
Carlsbad
P-74_SB-9 Eligibility Checklist; Revised 01/22 Page 2 of 3 Protected Habitat. The property does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), is not identified for conservation pursuant to the city’s “Habitat Management Plan for Natural Communities in the City of Carlsbad” and, is not under a conservation easement.
☐ ☐
Percentage of Demolition. The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years.
☐ ☐
Withdraw of Units from Rental Market. The property has not exercised owners’ rights under Government Code §7060 to withdraw accommodations from rent or lease within 15 years. ☐ ☐
Historic Structure. The property is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance..
☐ ☐
URBAN LOT SPLIT
In addition to the questions above, applicants proposing an Urban Lot Split are instructed to answer the questions below. Applicants answering “YES” may be eligible for SB-9 processing. If applying only for a Single Lot Duplex, please respond “N/A” to the questions below. Applicable Government Code sections provided.
YES NO N/A
Prior Split. Is this the first time the subject property will be subdivided under an SB-9 Urban Lot Split application?
☐ ☐ ☐
Neighbor Split. Are the properties immediately contiguous to the subject property (or adjacent if separated by a street) that is proposed for an SB-9 Urban Lot Split are independently owned (do not share ownership interests)? ☐ ☐ ☐
Required Lot Sizes. The following questions pertain to the new parcels that will be created as a result of the Urban Lot Split application.
• Are only two new parcels of approximately equal lot size proposed? ☐ ☐ ☐ • Will none of the parcels be smaller than 40% of the original parcel size? ☐ ☐ ☐ • Will each parcel be at least 1,200 square feet in size? ☐ ☐ ☐ • Will each parcel have dedicated access to a public road of at least 20 feet in width? ☐ ☐ ☐ Owner Occupancy. Is the property owner willing to sign an affidavit stating they will occupy one of the housing units as a primary residence for at least three years after splitting the property or the addition of units (exceptions provided for community land trusts and qualified nonprofit corporations). (See Gov. Code § 66411.7(g) for additional guidance?
☐ ☐ ☐
P-74_SB-9 Eligibility Checklist; Revised 01/22 Page 3 of 3
SIGNATURES
Under penalty of perjury the following declarations are made:
1. I hereby certify, that all statements contained in this application and any accompanying documents are true and correct, with full knowledge that all statements made in this application are subject to investigation and that any false or dishonest answer may be grounds for denial or subsequent revocation of the deemed complete status.
2. I understand this application is not a development application that authorizes an entitlement and is strictly for the purposes of Senate Bill 9, the HOME Act of 2021.
3. I understand and agree that any report, study, map or other information submitted to the city in furtherance of this application will be treated by the city as a public record which may be reviewed by any person and if requested, that a copy will be provided by the city.
4. I understand that if this application cannot be submitted and deemed complete by staff at the submittal appointment.
5. If the applicant is not the Property Owner, both the Property Owner and Applicant must sign this affidavit.
By signing this affidavit, the Property Owner authorizes the Applicant listed in this application to act as the Property Owner’s agent on all matters in connection with this application.
The city requires original signatures below – the signatures do not need to be notarized.
PROPERTY OWNER
Name: Email:
Address: Phone:
Signature: Date:
APPLICANT ☐ Same as above
Name: Email:
Address: Phone:
Signature: Date:
City Staff Only
App. Vesting Date:
Staff Name: Staff Signature: Date: