Apr 18, 2023
City of Pismo Beach
760 Mattie Road
Pismo Beach,CA 93449
By Email:[email protected];[email protected];[email protected]; [email protected];[email protected];[email protected] CC:[email protected];[email protected]
Re:Proposed SB 9 Ordinance
Dear Pismo Beach City Council,
The California Housing Defense Fund (“CalHDF”)submits this letter as a public comment concerning item 11A on the agenda for tonight’s meeting.This item –proposed modi ications to the City’s Senate Bill 9 (“SB 9”)ordinance –presents several legal problems.
CalHDF urges the Council to address these problems before approving the ordinance.
The City May Not Require More Than One Parking Space Per Unit SB 9 sets a maximum parking requirement that may be imposed on urban lot splits (Gov.
Code 66411.7,subd.(e)(3))and two-unit residential developments (Gov.Code §65852.21, subd.(c)(1)).In both cases,the maximum is one space per unit.The law does not admit exceptions for proposed SB 9 developments that would replace existing parking or parking structures.CalHDF also notes the statewide accessory dwelling unit (“ADU”)law explicitly states that parking spaces in a garage,carport,or covered parking structure need not be replaced if that parking is converted to an ADU.(Gov.Code 65852.2,subd.(a)(1)(D)(xi).)The language in section 17.119.050(B)in the proposed ordinance must be edited to reflect this.As it stands,the proposed ordinance might require more than one parking space per unit,and that is not allowed.
SB 9 Restricts,but Does Not Prohibit,Lot Splits and Two-Unit Developments in Fire Hazard Severity Zones
An urban lot split or two-unit residential development may not be pursued under SB 9 unless the lot satis ies subdivision (a)(6)(D)of Government Code section 65913.4.(Gov.Code §§65852.21,subd.(a)(2);66411.7,subd.(a)(3)(C).)This excludes sites within high and very high 360 Grand Ave #323,Oakland 94610
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