STAFF REPORT
DATE: NOVEMBER 10, 2021
TO: PLANNING COMMISSION
FROM: DAVID M. REYES, DIRECTOR OF PLANNING & COMMUNITY
DEVELOPMENT DEPARTMENT
SUBJECT: SENATE BILL 9 STUDY SESSION
___________________________________________________________________________ RECOMMENDATION:
This is an informational item only; there is no action required. The following report summarizes recently-adopted State Senate legislation (Senate Bill 9) pertaining to changes in housing development law.
EXECUTIVE SUMMARY:
Single-family zoned parcels are the predominant land use in Pasadena. Current zoning regulations permit up to three units on a single-family zoned parcel: one primary dwelling, one Accessory Dwelling Unit (ADU) and one Junior Accessory Dwelling Unit (JADU).
Senate Bill 9 (SB 9) requires ministerial approval of two units in single-family zones (duplexes), and/or the subdivision of a residentially-zoned parcel into two approximately-equal parcels. In conjunction with ADUs and JADUs, This effectively increases the number of potential units on a typical parcel to eight units. SB9 allows jurisdictions to adopt local ordinances prohibiting ADUs in conjunction with duplexes and lot splits, reducing the potential number of units on a typical parcel to four.
BACKGROUND:
September 28, 2021 – Legislative Policy Committee Update Staff presented an overview of several recent State legislation items, including information on SB 8, SB 9, and SB 10, to the Legislative Policy Committee on September 28th. The Committee members generally expressed concern at the potential increase in allowable development and support for incorporating restrictions on development pursuant to SB 9 in order to minimize possible impacts to surrounding neighborhoods.
Planning Commission 2 Study Session
November 10, 2021 Senate Bill 9 Legislation
Current Zoning Regulations
Primary dwellings are the most common housing type in Pasadena and consist of single-family houses, with or without garages.
ADUs may either be detached from the primary dwelling or attached through an addition to the primary dwelling or partial conversion of the primary dwelling’s existing floor area. ADUs must provide living, sleeping, cooking, and sanitation facilities independent of the primary dwelling.
JADUs may only be created via conversion of existing floor area of the primary dwelling and are limited to 500 square feet in size. JADUs must include an efficiency kitchen and separate entrance, but may share a bathroom with the primary dwelling. Development of a JADU additionally requires that the property owner be an owner-occupant that lives in either the primary dwelling or the JADU. Governmental agencies, land trusts, and housing organizations are exempt from the owner occupancy requirement.
SB 9 (Atkins)
Introduced by Senator Toni Atkins on December 7, 2020 and approved by Governor Gavin Newsom on September 16, 2021, this bill will require (as of January 1, 2022) local agencies to ministerially approve up to two residential units on properties currently zoned for single-family residential uses, the subdivision of a parcel zoned for residential use into two parcels of approximately equal size, or both. One ADU and one JADU may additionally be constructed on parcels that have been split, resulting the potential for up to eight units to occupy space currently zoned for one single-family residence. However, local agencies may prohibit the construction of ADUs and JADUs in conjunction with the provisions of SB 9.
Local agencies may impose objective zoning, subdivision, and design review standards as long as such standards do not physically preclude the ability of a property owner to develop two residential units of at least 800 square feet in size. Examples of standards that may be imposed include height limits and setbacks (no more than four feet for side and rear setbacks). Agencies cannot require new setbacks for an existing structure, or a structure built in the same location and same dimensions as an existing structure. Agencies may require owner-occupancy of sites.
If a lot split is proposed, an owner-occupancy affidavit is required for a minimum of three years.
Local agencies may require a maximum of one parking space per unit, unless units are within one half-mile walking distance of a transit stop, or if there is a car share vehicle located within one block of the parcel. Units created through SB 9 provisions may not be used for short-term rentals of less than 30 days.
The bill prohibits demolition or alteration of existing rent-restricted housing units, housing that has been the subject of an Ellis Act eviction within the past 15 years, or housing that has been occupied by a tenant within the last three years. Additionally, the bill prohibits demolition of more than 25% of exterior walls unless local ordinances allow greater demolition, or if a site has not been occupied by a tenant in the last three years. Certain sites, such as designated historic landmarks and properties within designated state and local historic or landmark districts, as well as sites within an earthquake fault zone and land within a very high fire hazard zone, are exempt from the provisions of SB 9.
SB 9 allows local Building Officials to deny a duplex project by making a written finding, based on a preponderance of evidence, that the project would have a specific adverse impact on public health and safety or the physical environment, and that there is no feasible method to Planning Commission 3 Study Session
November 10, 2021 Senate Bill 9 Legislation
mitigate or avoid such an impact. A “specific adverse impact” must be significant, quantifiable, and direct, based on an objective written public health or safety standard that existed at the time the project application was deemed complete. Inconsistency with a city’s General Plan or zoning ordinance does not constitute a specific adverse impact.
DISCUSSION:
Staff is currently researching best practices and preparing an urgency ordinance to establish interim development standards for projects involving more than one unit on RS-zoned properties, in advance of developing permanent development standards. Development standards being considered in regards to duplex construction and lot splits in RS zones may include, but are not limited to:
A prohibition on ADUs and JADUs in conjunction with projects seeking to incorporate both a lot split and development of duplexes;
A requirement to limit the size of new units to 800 square feet; An affordability component;
A prohibition on short-term rental of units developed under the provisions of SB 9; A one-story height limitation and a modified roof encroachment plane requirement on duplexes located within RS zones;
A requirement for minimum of two mature trees on-site, selected from the City’s Native and Protected Species List;
A requirement for projects involving lot splits to include a central courtyard, similar to bungalow courts;
A requirement to install residential greywater systems for more effective on-site water usage, groundwater recharging, and overall resource resilience. Examples of Greywater systems include:
o Laundry-to-landscape systems that redirect laundry water to landscaping o Branched Drain systems that redirect water from bathroom sinks, showers and tubs, either via pump-driven systems or gravity-flow;
A requirement for all-electric, Energy Star appliances to be identified on project plans; and A requirement for new construction to include cool roof technology.
Many of the above standards align with the City’s Climate Action Plan (CAP), which provides strategies and implementation actions designed to both quantitatively and qualitatively reduce greenhouse gas emissions (GHG) and promote resilience. The City of Pasadena recognizes the important role that cities play in addressing climate change and has committed to confronting this issue through actionable items. Implementation of the above recommended standards will assist in meeting GHG targets and further demonstrate the City’s commitment to resilience and lessening local impacts to the changing climate.
Specific CAP action items related to these standards include:
Measure UG-2.1.C (Encourage Private Tree Planting)
Measures E-1.1.B (Energy Management Systems), E-1.1.D (Encourage Energy Efficiency), E-1.2.C (Building Shade), and E-1.2.D (Cool Roofs) Measures WC-2.1.C (Community Greywater Assistance) and WC-2.1.D (Greywater Permit Streamlining)
Planning Commission 4 Study Session
November 10, 2021 Senate Bill 9 Legislation
CONCLUSION:
Staff seeks feedback from the Planning Commission on potential development standards related to multifamily development in RS zones in advance of preparing an urgency ordinance for City Council consideration.
Attachments:
Attachment A – Senate Bill 9 Adopted Text
Attachment B – Pasadena Climate Action Plan
Respectfully submitted,
________________________
DAVID M. REYES
Director of Planning & Community
Development Department
Prepared by:
________________________
Martin Potter
Planner
Reviewed by:
________________________
David Sanchez
Principal Planner
ATTACHMENT A
ATTACHMENT B
Climate Action Plan
Can be viewed at:
https://www.cityofpasadena.net/planning/wp-content/uploads/sites/30/FinalPasadena-Climate-Action-Plan_3.5.2018.pdf?v=1635902958111