City Council Meeting
May 17, 2022
LRP 2022-0001Zoning Code Amendments Related to Senate Bill 9 1 Senate Bill 9 (SB 9)
One of many housing bills approved to address statewide housing shortage Effective January 1, 2022
Applies in areas zoned for single-family residential (R-1/R-1P) Allows City to impose objective zoning, subdivision, and design review standards (“local objective standards”) Requires ministerial approval of:
Two-Unit Projects
Urban Lot Split Parcel Maps
2 SB 9 – Two-Unit Projects
Allows two primary dwellings to be constructed on a single-family residential zoned lot (R-1) Requires ministerial review process
Allow must provide for a primary dwelling size of 800 square feet Establishes maximum parking requirement of one off-street parking space per primary dwelling unit (may be waived) Establishes side and rear setbacks of four (4) feet
3 SB 9 – Urban Lot Splits
Allows a lot to be split into two lots
Pertains to lots in a single-family residential zone only Requires ministerial review process (no public hearing) Establishes minimum parcel size for resulting lots of 1,200 sq. ft. and where lot split results in no less than a 60/40 division 20,000 to 10,000 / 10,000
20,000 to 12,000 / 8,000
20,000 to 18,000 / 2,000
4 Objective Standards
“Standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference…available and knowable by both the development applicant and the public official prior to submittal.” Example:
Subjective = Building must be compatible with existing dwelling on site Objective = Roof pitch/slope and roof style must be same as primary dwelling 5 Local Standards – Two-Unit Projects
Zone – R-1
Application
Grading plans
Lot Access (to Public Way & Fire Access)
High Fire Severity
Utilities
Fire Protection
Development and Design Standards
Approval
6 Local Standards – Two-Unit Projects
Development and Design Standards
Quantity
Unit Size – Up to 800 square feet
Height – 10 feet with 4-foot setback, up to 22 feet with larger setback Stories – 2 maximum
Separation – Minimum of 10 feet
Lot coverage – 40 percent
Open Space – 200 square feet per bedroom
Landscaping – Must install mature landscaping
7 Local Standards – Urban Lot Splits
Zone – R-1
Application
Grading plans
Lot Access (to Public Way & Fire Access)
High Fire Severity
Utilities
Fire Protection
Approval
8 Examples
Dwellings per Lot
Total on "Original"
R-1 Property
Urban Lot Split
Maximum of two residential units per lot
Maximum of 3
Two-Unit Project
Two primary dwellings, an ADU and a JADU as allowed by the Municipal Code Maximum of 3
+++
Discretionary Parcel Map
One primary dwelling, an ADU and a JADU as allowed by the Municipal Code Maximum of 6
9 Development Standards
R-1
SB 9 Local Standards
Unit size
Determined by application of other standards
Up to 800 square feet
Parking
Minimum of 2
1 per unit (with exceptions)
Setbacks
5 feet side/15 feet rear
4 feet side and rear
Maximum Height
30 feet
10 feet (one-story) to 22 feet (two-story)
Stories
2 2
Maximum Lot Coverage
0.45 - 0.60
0.40 10
Exceptions
Fire Zones
Earthquake Fault Zone
Habitat Conservation Land
Conservation Easement
25 Percent Demolition of Existing Structure
Not Affordable/Rental Housing
Flood Zone/Floodway
Historic
11 Fees
SB 9 requires ministerial review process
Fee for Two-Unit Projects to be identical to Minor Site Plan – Class 1 Fee (R1/R2 properties) Fee for Urban Lot Split proposed at 50 percent of tentative parcel map fee due to reduction in staff efforts and no public hearing 12 Recommended Action:
Adopt an ordinance amending Title 15 and Title 16 of the Fullerton Municipal Code Adopt new SB 9 fee for Urban Lot Split
Recommend that the City Council:
13 City Council Meeting
May 17, 2022
LRP 2022-0001Zoning Code Amendments Related to Senate Bill 9 14