Administrative
Report
P.1., File # 21-3299 Meeting Date: 11/16/2021
To: MAYOR AND CITY COUNCIL
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE UPDATES TO REDONDO
BEACH HOUSING AND LAND USE REGULATIONS TO MITIGATE THE IMPACTS OF SENATE BILL 9 (SB9)
EXECUTIVE SUMMARY
California Senate Bill 9 (Atkins) (SB9) was signed into law by Governor Newsom on September 19, 2021 and becomes effective on January 1, 2022 (attached). SB9 requires ministerial approval of two residential units in single-family zones and/or the subdivision of a single-family zoned parcel into two approximately equal parcels. Additionally, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) may be allowed on those parcels. The Bill effectively eliminates single family zoning and when implemented will significantly increase density in Redondo Beach. This agenda item provides an opportunity for the City Council to discuss local regulations that could be adopted to help mitigate the impacts of SB9 and provide direction on the preparation of follow-up documents needed to implement any proposed changes to the Municipal Code.
BACKGROUND
California Senate Bill 9 (Atkins) (SB9) was signed into law by Governor Newsom on September 19, 2021 and becomes effective on January 1, 2022. SB9 will require cities and counties, including charter cities, to provide for the ministerial approval of a housing development in a single family residential zone that will split the lot, add a second home on the lot, or both. The new legislation eliminates discretionary review and public oversight of the proposed subdivision of one lot into two parcels by removing public notice and hearings by the Planning Department. The bill exempts SB9 qualifying projects from environmental review as required by the California Environmental Quality Act (CEQA). The bill also exempts a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to SB9.
There are some areas where a municipality may implement objective standards that may help mitigate impacts:
· 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).
P.1., File # 21-3299 Meeting Date: 11/16/2021
imposed include height limits and setbacks (no more than four feet for side and rear setbacks).
However, 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, but not in addition to what is required by the new legislation. If a lot split is proposed, an owner-occupancy affidavit is required for a minimum of three years.
· There may be a limited ability to restrict Accessory Dwelling Units (ADUs) and Junior ADUs with lot splits conducted through SB9.
· 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.
· Local agencies may require that a parcel have access to, provide access to, or adjoin the public right-of-way.
· Cities can require easements for the provision of public services and facilities. · Cities must require that a rental of any unit created pursuant to SB9 be for a term longer than 30 days.
Although the law does not become effective until January 1, 2022, and the State Department of Housing and Community Development has not yet issued guidance on implementing these regulations, there are different organizations and municipalities considering local regulations to implement in preparation of the law becoming effective in order to maintain some local control. As well, the law firm Best, Best & Krieger issued a legal alert that describes what SB9 allows and what municipalities can and cannot do (attached). Examples of actions are as follows:
· United Neighbors - This grassroots community organization is actively involved in state housing laws. The organization has recommended that the City of Los Angeles and other municipalities adopt an ordinance to address issues in the following manner (more details in attachment):
o Adopt objective zoning/subdivision/design standards.
o Limit SB9 developments to a maximum of four units and two lots. o Require parking.
o Require setbacks of up to four feet from the side and rear lot lines in all SB 9 projects and circumstances that are not expressly exempted from such a requirement by SB9. o Require the applicant to sign and record an affidavit placing a covenant that will run with the land to confirm that the applicant will reside in one of the SB 9 units for three years from the City’s grant of the application where a unit already exists, or, if no unit then exists, for three years from the City’s issuance of the unit’s Certificate of
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Occupancy.
o Require an affordable covenant. United Neighbors recommends that every SB 9 project in the City require that a thirty-year affordable covenant for at least moderate income level be applied to one of the units and listed on the HCID registry of affordable units or the applicant must pay an in-lieu fee (to be determined) that goes toward the City’s provision of affordable housing.
o Require the payment of impact or development fees related to the specific impact that will be imposed on a community by the creation of a SB 9 second lot and additional units.
o Establish Special District exemptions where applicable (historic). o Assess every SB 9 application for unavoidable adverse impacts, provide written assessment to the City Council, and deny a project if an unavoidable adverse impact is identified. Findings of unavoidable adverse impact would need to be made pursuant to SB 9 if and as required, for these areas.
o Notify those property owners and tenants within a 500-foot radius from the proposed project site that a parcel map has been filed with the City. · City of Pasadena - Pasadena is investigating adoption of regulations in preparation for the implementation of SB9. They are considering the following local restrictions to address the ministerial approvals allowed through the SB9 regulations:
o A prohibition on ADUs and JADUs in conjunction with projects seeking to incorporate both a lot split and development of duplexes;
o A requirement to limit the size of new units to 800 square feet; o An affordability component;
o A prohibition on short-term rental of units developed under the provisions of SB 9; o A one-story height limitation and a modified roof encroachment plane requirement on duplexes located within RS zones;
o A requirement for minimum of two mature trees on-site, selected from the City’s Native and Protected Species List;
o A requirement for projects involving lot splits to include a central courtyard, similar to bungalow courts;
o 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; o A requirement for all-electric, Energy Star appliances to be identified on project plans; and
o A requirement for new construction to include cool roof technology. · City of Hermosa Beach - Hermosa Beach is considering local regulations to provide objective review standards to address the effects SB9 may have on single family residential zones. This will be considered for discussion at the Hermosa Beach Planning Commission on Tuesday, November 16, 2021. The proposed text amendment to the Hermosa Beach Municipal Code was not yet available at the time of preparation of this Administrative Report, and therefore will
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be provided as a Blue Folder Item.
This agenda item is for the Redondo Beach City Council to determine what local regulations should be implemented related to SB9, and provide direction to City Staff for the preparation of follow up documents.
COORDINATION
Community Development Department personnel have communicated with staff in the Cities of Pasadena and Hermosa Beach to collect information on their City’s efforts to address SB9.
FISCAL IMPACT
Funding for the preparation of this report is available in the Department’s annual budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Senate Bill 9 as Approved by Governor September 16, 2021 · United Neighbors Draft Resolution Template
· City of Pasadena Planning Commission Staff Report dated November 10, 2021 · Best, Best & Krieger Legal Alert “SB9: It’s Not a Duplex Bill, It’s a Fourplex Bill!” dated September 9, 2021