CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
2/28/2022
1 SUBJECT:
Consideration of a resolution adopting interim guidance, rules and regulations to implement Senate Bill 9 (SB 9) and directing the preparation of an SB 9 implementing ordinance.
RECOMMENDED ACTION:
Move to approve the attached resolution adopting the interim guidance, rules, and regulations to implement SB 9 and directing the preparation of an SB 9 implementing ordinance.
STAFF CONTACT:
Christian Murdock, AICP, Deputy Director of Planning
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
Senate Bill 9 (SB 9)
1 , approved by Governor Newsom on September 16, 2021, amends Section 66452.6 and adds Sections 65852.21 and 66411.7, to the California Government Code relating to local agency approval of certain land use applications. Specifically, SB 9 requires local agencies including the City of Pacifica (“City”) to grant approval for two types of land use applications through a ministerial review process: 1) a proposed housing development containing no more than two residential units on a single parcel within a single-family residential zone; and, 2) a parcel map for an urban lot split to create two parcels from one existing parcel within a single-family residential zone. A ministerial review process is one that evaluates a project for compliance with adopted standards, involves no discretion on the part of the reviewer, and that is not subject to a public hearing. SB 9 became effective on January 1, 2022.
SB 9 is applicable within the Coastal Zone and provides that the City may still require a coastal development permit (a discretionary permit) for approval of applications pursuant to SB 9. The coastal development review process for an SB 9 project must provide the public noticing required by the City’s Local Coastal Program, but the Planning Director must consider the coastal development permit application without a public hearing.
Implementation of SB 9 requires the City to identify single-family residential zones. Pursuant to the zoning regulations in Pacifica Municipal Code (PMC) Title 9, Chapter 4, single-family residential is a permitted use in the R-1 (Single-Family Residential), R-1-H (Single-Family Residential Hillside), and R-2 (Two-Family Residential) zoning districts.2 The R-1-H zoning district requires approval of a site development permit (a discretionary permit) following a public hearing prior to issuance of a building permit for any new structure, and prior to issuance of a grading, encroachment, or building permit to improve any unimproved, platted new street. PMC Secs. 9-4.953 and 9-4.954. There are no permitted uses in a P-D (Planned Development) zoning district as all allowable uses must be approved by the City Council with a development plan. A P-D zoning district may be considered a single-family residential zone for purposes of SB 9 if an approved development plan identifies single-family residential as a permitted use. SB 9 would not apply to P-D zoning districts for which the City does not have an approved 1 The full text of SB 9 is available on the California Legislature’s website. 2 The City’s Zoning Map is available on the Planning Department website.
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development plan on file.
Two Residential Unit Projects
SB 9 mandates the City to allow up to two residential units to be constructed in the R-1, R-1-H, and R-2 zoning districts upon issuance of a building permit, provided the projects meet the requirements of SB 9, because single-family residential use is a permitted use in these zoning districts. The requirement for approval of a site development permit in the R-1-H zoning district would no longer apply. Prior to SB 9, two residential unit developments would otherwise only be allowed under the City’s zoning regulations within the R-2 (Two-Family Residential), R-3 (Multiple-Family Residential), and other high density zoning districts that mirror the allowable uses within the R-3 zoning district. The two residential unit projects constructed under SB 9 may be attached or detached.
Urban Lot Splits
SB 9 also mandates the City to allow urban lot splits of existing legal lots located in single-family residential zones. As outlined above, these include the R-1, R-1-H, and R-2 zoning districts.
Pursuant to the subdivision regulations in PMC Title 10, Chapter 1, subdivisions of up to four parcels may be approved by the City Engineer with a parcel map following a public hearing. SB 9 requires the City to allow an urban lot split to subdivide one existing, legal lot into two lots in a single-family residential zoning district without a public hearing, provided the urban lot split meets the requirements of SB 9.
Existing Applications
The City has received four applications pursuant to SB 9 since the law took effect.
Preparation of an Ordinance
Due to a high workload, other identified City Council priority work plan items, and the short time between adoption and effectiveness of SB 9, staff has not yet prepared a draft ordinance implementing SB 9. Staff estimates preparation and adoption of an SB 9 ordinance would take at least two to three months once staff resources are available to undertake the work.
Additional time, estimated at several months, would be required to obtain certification of a Local Coastal Program (LCP) amendment by the California Coastal Commission to enable the adopted ordinance to take effect in the Coastal Zone.
1. Standards Contained in SB 9
SB 9 includes various qualifying criteria for a site to be eligible for approval of a two residential unit project or an urban lot split. It also includes various maximum standards that a local agency may apply to its reviews. Of note, a local agency may only impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with the statute. A conflict may arise in different ways, but in particular, any standards imposed by a local agency must not physically preclude either of the residential units in a two residential unit project from being at least 800 square feet in floor area. The standards also must not physically preclude subdivision of an existing legal parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision, and both newly created parcels are no smaller than 1,200 square feet.
2. Proposed Interim Guidance, Rules, and Regulations
In addition to the mandatory provisions of SB 9, staff recommends that the City Council mandate the interim guidance, rules, and regulations outlined below:
A. All SB 9 Applications
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• Require compliance with objective zoning standards in PMC Title 9, Chapter 4 except where in conflict with SB 9.
• Require submission of technical studies and other information to determine eligibility of a project site under SB 9.
• Require recorded deed restrictions to implement certain requirements of SB 9, including but not limited to restrictions prohibiting short-term rentals and requiring residential use of the property.
• Require one off-street parking space within a garage per unit except in locations where a parking requirement is prohibited by SB 9.
• Prohibit an accessory dwelling unit (ADU) or junior ADU on parcels that use both the authority of Gov. Code § 65852.21 (SB 9 two residential unit developments) and § 66411.7 (SB 9 urban lot splits).
• Require submission of a deposit for processing costs and payment of all processing fees in accordance with City Administrative Policy No. 2.
B. Two Residential Unit Projects
• Require a four-foot side and rear setback except where an existing legal structure is present or a structure is reconstructed in the same location and dimensions of an existing legal structure.
• Require proof of application submittal to a homeowners association (HOA) for their review and comment prior to issuance of a building permit for parcels within a qualifying P-D zoning district.
C. Urban Lot Splits
• Require compliance with objective subdivision standards in PMC Title 10, Chapter 1 except where in conflict with SB 9.
• Require each lot created by an SB 9 urban lot split to adjoin the public right-of-way, or provide access to the public right-of-way, by way of a recorded access easement in favor of the parcel requiring such access.
• Require easements for the provision of public services and facilities.
Adoption of the interim guidance, rules, and regulations in the attached resolution would improve clarity for applicants and staff in relation to filing and processing SB 9 applications until the City Council adopts an ordinance to implement SB 9.
ALTERNATIVE ACTION:
Decline to adopt the attached resolution. A decision not to adopt the attached resolution would result in less clarity for applicants and staff in relation to filing and processing SB 9 applications until the City Council adopts an ordinance to implement SB 9.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
The proposed resolution is not directly associated with an item on the City Council’s Work Plan.
FISCAL IMPACT:
No direct fiscal impact. Preparation of interim guidance, rules, and regulations would be accomplished within existing Planning Department staffing and budget allocations.
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ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Draft Resolution and Interim Guidance, Rules, and Regulations for SB 9 Projects (DOCX)