Senate Bill 9 Amendments
Agenda Item 11.A
By Matthew Downing, Community Development Director
Meeting Date: February 15, 2022
Background
•Senate Bill 9 signed September 16, 2021
•Ministerial approval of urban lot splits
•Ministerial approval of two residences per parcel
•Consideration given to balance SB 9 with Coastal Act
•Council direction December 21, 2021
•Utilize City’s ADU Ordinance to help inform SB 9 Ordinance •Coastal Commission Guidance –January 21, 2022
•Planning Commission Recommendation –January 25,
2022
SB 9 Requirements
•Ministerial approval –no discretionary review
•Approximately equal parcels –1,200 sq. ft. minimum
•Two units on each new parcel
•Two SFRs and two ADUs, or four SFRs
•Owner cannot subdivide adjacent owned parcels
•Objective zoning, subdivision, and design review
standards
SB 9 Location Based Prohibitions
•HFHSZ
•Hazardous waste site
•Earthquake fault zone
•100-year flood hazard area
•Regulatory floodway
•Habitat conservation areas
HFHSZ
Coastal Access Parking
•SB 9 limits amount of parking allowed to be required
•1 space per unit
•No parking required:
•½ mile walking distance of high-quality transit corridor OR •Major transit stop
•Neither of these in the City
•Coastal parking –CZ, W of 101, & ¼ walking distance of:
•Vertical access point
•Segment of Coastal Trail
•Coastal park
•Coastal view area
Coastal Commission Guidance
J. Two -residential unit developments and urban lot splits are not permitted on parcels located in the R-1 zone in areas determined by the Community Development Director to be vulnerable to sea level rise unless such urban lot split or two-residential unit development is consistent with applicable provisions of the Coastal Act and meets the following criteria:
1. be designed to minimize risks to life and property in areas of geologic and flood hazard;
2. be designed to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area;
3. not require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs;
4. be sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas
5. be sited and designed to maintain coastal resources and public access to coastal resources.
Recommendation
Introduce Ordinances amending the Pismo Beach
Municipal Code relating to urban lot splits and two-unit residential development built in accordance with Senate Bill 9 and make a determination of exemption under CEQA