SB 330 Overlay DistrictUrgency Ordinance
City Council Meeting of February 7, 2022
SB 330 Recap
AKA - Housing Crisis Act of 2019
Declared a statewide housing emergency
In effect until January 1, 2025
New state laws regarding housing:
Production
Preservation
Planning
SB 330 Recap
California Government Code Section 65589.5(j)(4)
Limits when a city can require a Change of Zone.
If a housing development project is
Consistent with the General Plan
But, the zoning is not consistent with the General Plan A change of zone is not required
1442 MURCHISON
1442 MURCHISON
2014
GP Update
Permitted
Residential
Uses
Established
Max.
Density &
Height
1442 MURCHISON
2014
GP Update
Permitted
Residential
Uses
Established
Max.
Density &
Height
T5
80 DU/AC
6 floors
T4
70 DU/AC
4 floors
1442 MURCHISON
2014
GP Update
Permitted
Residential
Uses
Established
Max.
Density &
Height
C4 ZONE
1442 MURCHISON
2014
GP Update
Permitted
Residential
Uses
Established
Max.
Density &
Height
C4 ZONE
C4 Zone
NOT Permit
Residential
Uses
NOT
Consistent
With the GP
No Change
Of Zone
Required
SB 330 Recap
Consequences when no Change of Zone
No discretionary review
Cannot apply conditions of approval
Cannot apply CEQA
Projects approved under a building permit only
SB 330 Recap - Solutions
Update the zoning map as a long-term measure
In progress under the Code Update
Early 2023 to finalize
Overlay District as an interim measure
Establish a review process
Establish development standards
Enables ability to apply conditions of approval
Enables ability to apply CEQA
SB 330 Recap - Solutions
Update the zoning map as a long-term measure
In progress under the Code Update
Early 2023 to finalize
Overlay District as an interim measure
Establish a review process
Establish development standards
Enables ability to apply conditions of approval
Enables ability to apply CEQA
Council adopted Urgency Ordinance No. 4306 on August 2, 2022
What’s New?
What’s New?
September 16, 2021
SB 8
SB 9
SB 10
AB 1174
What’s New?
September 16, 2021
SB 8
SB 9
SB 10
AB 1174
September 28, 2021, 31 new housing laws passed
What’s New?
September 16, 2021
SB 8 – Follow-up to SB 330, updated the HCA of 2019
SB 9
SB 10
AB 1174
September 28, 2021, 31 new housing laws passed
What’s New?
SB 8
Housing Development Project definition
2 or more units to 1 unit only
Extended the HCA to 10 years
Effective until January 1, 2030
Other changes that should not impact the overly district
What’s New?
SB 9
For properties zoned exclusively for single-family use
Subdivision from 1 to 2 lots, ministerially
Once subdivided, construct up to 2 units per lot, ministerially In the most extreme scenario, up to 5 units can be built on the same lot when there is no subdivision
Proposed Updates
Housing Development Project Definition
1 or more units
Add development standards for single unit development
Incorporate development standards directly into the ordinance Establish a ministerial path for projects of four (4) or less units Creates some parity with SB9
Revise restrictions on legal, non-conforming residential use limited to 25% expansions Revise code sections requiring a CUP for residential uses Revise the overlay map
Rescind and replace Urgency Ordinance No. 4306