Sonoma City Council
December 18, 2024

City Council:

John Gurney, Mayor
Patricia Farrar-Rivas, Vice
Mayor
Jack Ding
Sandra Lowe
Ron Wellander

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, December 18, 2024
https://us06web.zoom.us/j/84876986131
6:00 PM Regular Meeting

ACCESSING PUBLIC MEETINGS
As a public service to the community, City Council meetings are held in-person, and viewable through a live webcast on the City’s CivicWeb Portal at https://sonomacity.civicweb.net/Portal/Video.aspx, City of Sonoma YouTube channel at https://www.youtube.com/channel/UChZjUrg2rNLYxTgQHhFy-Tg, and televised on Comcast Cable Channel 27. Members of the public can also view the meeting via ZOOM, at https://us06web.zoom.us/j/84876986131.

If a technical issue arises with Zoom video or the listening phone dial-in option, the City Council meeting will continue unless a Council Member is participating remotely pursuant to the provisions of Assembly Bill 2449.

Members of the public who wish to address the Council by providing public comments during the meeting may do so in-person in the Council Chambers at 177 First Street West, where the meeting is being publicly held. As an alternative, members of the public may also provide written public comment submitted via the City’s online Public Comment form at https://sonomacity.civicweb.net/Portal/CitizenEngagement.aspx or by email to:
[email protected]
PROCESS FOR COMMENTS FROM THE PUBLIC: There will be two opportunities for members of the public to address items not appearing on the agenda. The early public comment period, Agenda Item 1, will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make their comments under the later public comment, Agenda Item 10.

When the Mayor announces these agenda items, please form a line to speak.

In the event a Council Member participates remotely for just cause or an emergency circumstance under Assembly Bill 2449, the City will allow for public comment through the Zoom link.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Be Courteous - TURN OFF your cell phones and watches while the meeting is in session.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
ROLL CALL (Ding, Lowe, Farrar-Rivas, Wellander, Gurney)

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

1. PRESENTATIONS

1.1: "Celebrate Sonoma" - Presentation of Certificate of Recognition in Honor of the Sonoma Valley High School Dragons Football Team

1.2: Proclamation of Congratulations to the Sonoma Sister Cities ChambolleMusigny Committee On the Occasion of Their Sixty-Fifth Anniversary

2. CERTIFICATION OF ELECTION & REORGANIZATION

2.1: Adopt a Resolution Reciting the Facts of the General Municipal Election held on November 5, 2024, Declaring the Result and Such Other Matters as Required by Law (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Adopt the Resolution accepting the certification of the 2024 General Municipal Election for the City of Sonoma.

Agenda Report - Election Certification - Pdf
6 - 34

2.2: Oath of Office of Newly Re-Elected Council Members Jack Ding and Sandra Lowe (Rebekah Barr, MMC, City Clerk)

2.3: City Council Reorganization

1. Recognition of Outgoing Mayor

2. Selection of Mayor and Vice Mayor for 2025
Agenda Report - Council Reorganization - Pdf
35 - 36

3. SCHEDULED 15 MINUTE RECESS

4. COMMENTS FROM THE PUBLIC
At this time members of the public may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. This public comment period will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make public comment under Agenda Item 10 - SECOND PUBLIC COMMENT. Please form a line to speak.

Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.

5. MEETING DEDICATIONS

6. COUNCILMEMBERS’ REPORTS AND COMMENTS
Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will be shared at this time.

A list of all appointments is available on our City Website for easy reference.

Council Members may also make appointments to city commissions at this time.

7. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

8. CITY ATTORNEY COMMENTS

9. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

9.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

9.2: Accept the Minutes from the Regular Meeting of November 20, 2024, and the Special Meeting of December 4, 2024 (Rebekah Barr, MMC, City Clerk) RECOMMENDATION: Accept the Minutes.

11.20.2024 Regular Meeting Minutes

12.04.2024 Special Meeting Minutes
37 - 39

9.3: Receive the 2025 Annual City Meeting Calendar (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Adopt the resolution.

Agenda Report - 2025 Meeting Calendar - Pdf
40 - 44

9.4: Adopt an Ordinance Amending Sonoma Municipal Code Sections 19.54.040 through 19.54.070 and Sections 19.54.090 through 19.54.100 (Planning Permit Approval or Disapproval), and Finding the Ordinance Exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines (Diane Levine, Associate Planner) RECOMMENDATION: Adopt the ordinance.

Agenda Report - Post Approval Time Limit Ordinance Amendment - Pdf 45 - 51

9.5: Accept the Expenditure Report for the Month of November 2024 (Prapti Aryal, Finance Director)
RECOMMENDATION: Accept report.

Agenda Report - Expenditure Report - November 2024 - Pdf 52 - 58

9.6: Adopt the Following to Enact the Transaction & Use Tax that was Passed at the November 5, 2024, General Municipal Election (Prapti Aryal, Finance Director):

1. A Resolution Authorizing the City Manager to Execute Agreements with the California Department of Tax & Fee Administration for Implementation of a Local Transactions and Use Tax; and

2. A Resolution Authorizing Examination of Sales or Transactions and Use Tax Records; and

3. A Resolution Authorizing the City Manager to Execute an Amendment to the Existing Contract with Hinderliter De Llamas and Associates (HdL Companies) to Include Management Services for Tax Measure T
RECOMMENDATIONS: Adopt the three resolutions by separate motion.

Agenda Report - Measure T Administration & HdL Amendment - Pdf 59 - 87

10. PUBLIC HEARING

10.1: Public Hearing to Introduce an Ordinance amending Sonoma Municipal Code Chapters 19.41 – Two-Unit Residential Development and Chapter 19.72 – Parcel Maps For Urban Lot Splits and finding this action is not a Project under 88 - 168

Division 13 (Commencing With Section 21000) of the Public Resources Code (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Introduce City Council Ordinance "Amending Sonoma Municipal Code Chapters 19.41 – Two-Unit Residential Development and Chapter 19.72 – Parcel Maps For Urban Lot Splits and Finding this Action is Not a Project under Division 13 (Commencing With Section 21000) of the Public Resources Code."
Agenda Report - SB9 Ordinance Introduction - Pdf

10.2: IF NEEDED - Presentation and Public Hearing Regarding City of Sonoma's Transition to By-District Elections (David Guhin, City Manager and Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: This item is a Continued Public Hearing from the 5:00PM Special Meeting on December 18, 2024. It will take place, only if necessary to complete deliberation and gather all public comment.

11. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

11.1: A Resolution Approving the Conditions for Operations of Sonoma's Tuesday Night Market 2025 Season and Vendor Stall Fee Pricing
Adopt a Resolution approving the proposed changes to the Conditions for Operation for the Tuesday Night Market, the draft 2025 budget, and approve the 2025 stall fees for Sonoma’s Tuesday Night Market as the maximum to be charged.

Agenda Report - Tuesday Night Market 2025 Season - Pdf
169 - 181

11.2: Appointment of a Youth Member to the Planning Commission (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Appoint one Youth Member Planning Commission by majority vote of the City Council.

Agenda Report - Commission Appointments - Pdf
182 - 186

11.3: Consideration of the Updated Public Art Policy, Including the Expansion of Temporary Installations and Introduction an Ordinance Amending Chapter

19.51 of the Sonoma Municipal Code to Align with the Revised Policy (Sarah Tracy, Senior Management Analyst/PIO)
RECOMMENDATION: Adopt the resolution to approve the updated Public Art Policy and introduce an ordinance amending Chapter 19.51 of the Sonoma Municipal Code to align with the revised policy.

Agenda Report - Public Art Policy and Ordinance - Pdf
187 - 249

12. SECOND COMMENTS FROM THE PUBLIC
At this this time members of the public who did not have the opportunity to speak during the early comment period may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. Each speaker will be allowed up to two minutes. Please form a line to speak.

Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.

13. ADJOURNMENT
***

I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours. If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda or in written correspondence delivered to the City Clerk at or prior to the public hearing.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

City of Sonoma's Commission and Committee Roster: Commission & Committee Roster 6/21/2024 Appointments to Commission/Committees: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

Closed Session: If action is taken during a Closed Session meeting that is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

Motion for Consideration: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Dec 2024
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Reciting the Facts of the General Municipal Election held on November 5, 2024, Declaring the Result and Such Other Matters as Required by Law Summary
A General Municipal election was conducted in the City of Sonoma on November 5, 2024, consolidated with Statewide General Election for the purposes of electing two members of the City Council and for City voters to consider a ballot measure, Measure T, a transactions and use tax.

Sandra Lowe and Jack Ding were the successful candidates and have been elected to the City Council for full terms of four years. Further a majority of City voters did approve Measure T and it was therefore passed.

Per Elections Code 10262(b), the City Clerk, acting as the City’s election official is required to certify the results to the City Council. This staff report shall constitute that certification. Upon that certification, per Election Code 10263 (b), the City Council must declare the results of the election and install the newly elected council members.

The County of Sonoma Registrar of Voters has completed the canvass of the results, and the appropriate Resolution has been prepared for adoption, which is attached to this Report. The results are attached as Exhibit “A” to the above-entitled Resolution.

Recommended Council Action
Staff recommend that the City Council adopt the Resolution accepting the certification of the 2024 General Municipal Election for the City of Sonoma.

Alternative Actions
Council discretion.

Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Resolution Exhibit A - Statement of the Votes Cast
Agenda Item #2.1:

City of Sonoma
RESOLUTION #____- 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024,

DECLARING THE RESULT AND SUCH OTHER MATTERS AS REQUIRED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Sonoma, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Sonoma County Election Department canvassed the returns of the election and has certified the results, the results are received, attached and made a part hereof as “Exhibit A”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the whole number of ballots cast in the City was 6,695 ballots cast in the City.

Section 2. That the names of persons voted for at the election for Member of the City Council are as follows:
• Jack Ding
• Sanda Lowe
That the measure voted upon at the election is as follows:
• Measure T – “Transactions and Use Tax” (Ordinance attached as Exhibit B) Section 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective office for which the persons were candidates and for and against the measures were as listed in “Exhibit A” attached.

Agenda Item #2.1:

Section 4. The City Council does declare and determine that:
• Jack Ding and Sandra Lowe were elected as Members of the City Council for the full term of four years.
• That as a result of the election, a majority of the voters voting on the measure relating to Measure T, a transactions and use tax, did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified.

Section 5. That the City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) the names of the persons voted for; (3) the measures voted upon; (4) for what office each person was voted for; (5) the number of votes given at each precinct to each person, and for and against each measure; and (6) the total number of votes given to each person, and for and against each measure.

Section 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
**********
PASSED, APPROVED AND ADOPTED 18th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
John Gurney, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC
City Clerk/Elections Official
Agenda Item #2.1:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Dec 2024
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
City Council Reorganization

1. Recognition of Outgoing Mayor

2. Selection of Mayor and Vice Mayor for 2025
Summary
Per Government Code section 36501, a general law city is vested in a city council of least five members and other officers or employees as required by law.

Government Codes section 36801 says: "A city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore."
Each year the City Council conducts a reorganization by selecting from among its members a Mayor and Vice Mayor to serve for the upcoming year. The Mayor presides at City Council meetings and serves as the official head of the City for ceremonial purposes. The Vice Mayor performs the duties of the Mayor during the Mayor’s absence or disability. This reorganization takes place at a regular meeting in December.

RECOGNITION - SUGGESTED PROCESS:

1. Presentation to outgoing Mayor by Vice Mayor

2. Outgoing Mayor comments

3. Comments by Other Council Members

4. Public comment
MAYOR / VICE MAYOR - SUGGESTED PROCESS:

1. Nominations for Mayor, public comment, vote, comments by Council

2. Gavel is transferred to the new Mayor

3. Nominations for Vice Mayor, public comment, vote, comments by Council Based on past practice, the suggested selection process proceeds as follows:

The Mayor will ask for nominations for the position of Mayor. To make a nomination, Council members need only state “I nominate ________”. Nominations do not require seconds; however, other members may express support of a nomination by making a seconding speech.

When there are no more nominations, the Mayor will declare nominations for the position of Mayor closed and will allow public comments, if any. A roll call vote will then be taken beginning with the first nominee. If that nominee receives a majority vote they are declared the winner Agenda Item #2.3:

and no additional votes are taken on the remaining nominees. If a majority vote is not achieved for any of the nominees, the nomination and voting process will be repeated, voting on the nominees in the order of their nomination, until a candidate has received a majority vote.

The gavel is then turned over to the new Mayor who takes his/her place at the dais and call for nominations for Vice Mayor using the same process described above.

Recommended Council Action
Council discretion.

Alternative Actions
Council discretion.

Financial Impact
There is no financial impact from this action.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #2.3:

City Council:

John Gurney, Mayor
Patricia Farrar-Rivas, Vice Mayor
Jack Ding
Ron Wellander
Sandra Lowe

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, November 20, 2024

6:00 PM Regular Meeting
Regular Meeting Minutes, November 20, 2024
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Gurney called the meeting to order at 6:00 p.m.

ROLL CALL
PRESENT: Council Member Wellander, Council Member Lowe, Vice Mayor Farrar-Rivas, and Mayor Gurney
ABSENT Council Member Ding

REPORT ON CLOSED SESSION
There was no reportable action taken in Closed Session.

APPROVAL OF AGENA
Motion by Vice Mayor Farrar-Rivas, seconded by Council Member Lowe, to approve the agenda as presented. Motion carried 4-0-1 with Council Member Lowe, Vice Mayor Farrar-Rivas, Council Member Wellander, and Mayor Gurney voting YES, and Council Member Ding absent.

1. PRESENTATIONS
Item 1.1: "Celebrate Sonoma" - Presentation of Certificate of Recognition in Honor of Fred Allebach

2. COMMENTS FROM THE PUBLIC
Robert Demler, Joceyln Mondragon, Madolyn Agrimonti, Kaitlyn Cornwall, Dave Ransom, and Karina Garcia provided public comments.

3. MEETING DEDICATIONS
None.

4. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Lowe attended a Sonoma County Transportation Authority/Regional Climate Protection Agency Board of Directors meeting on November 18, 2024.

Vice Mayor Farrar-Rivas attended a Sonoma Clean Power meeting on November 7, 2024, and a Sonoma Valley Community Advisory Commission meeting on November 14, 2024.

Council Member Wellander attended a Sonoma County Homeless Coalition meeting on October 23, 2024.

Mayor Gurney attended a Sonoma Tourism Improvement District meeting last week on November 14, 2024.

5. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin provided a brief weather update to the Council and the public regarding heavy rain over the next few days. He announced that there would be a sandbag filling station located at Depot Park. Mr. Guhin also reported that the City has been working with the Department of Emergency Management on the possibility of County-wide warming shelters and other resources. New columbarium’s have been ordered for the City’s cemeteries and are scheduled to be installed next year at the Mountain and Veterans Cemetery. He also shared that there had been some unfortunate graffiti at Mountain Cemetery; however, thanks to the quick response of the Public Works Team, the graffiti has been removed. Mr. Guhin reiterated from the last meeting that the City’s Express Permitting is available to the public in addition to now being able to schedule inspections online as well. City Manager Guhin announced that the annual “Lighting of the Plaza” event will be held this weekend on Saturday, November 23rd starting at 5PM – weather permitting. Looking into the new year, the annual City Council Goal Setting Workshop is scheduled for January 30, 2025, at the Sonoma Lodge from 9AM to 4PM. Mr. Guhin shared that the December 4, 2024, regular City Council has been canceled; all items that were scheduled for that meeting will be moved to the December 18, 2024, regular meeting.

Lastly, he shared that this evening’s stream of the meeting is not working on the City’s YouTube channel, however; the stream can be accessed via Sonoma TV’s website.

6. CITY ATTORNEY COMMENTS
Agenda Item #9.2:

Regular Meeting Minutes, November 20, 2024
None.

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to approve the Consent Calendar as presented. Motion carried 4-0-1 with Council Member Lowe, Vice Mayor Farrar-Rivas, Council Member Wellander, and Mayor Gurney voting YES, and Council Member Ding absent.

Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 7.2: Receive the Minutes from the Regular Meeting of November 6, 2024 (Rebekah Barr, MMC, City Clerk)
Action: The minutes were accepted.

Item 7.3: Accept the Expenditure Report for the Month of October 2024 (Prapti Aryal, Finance Director)
Action: The expenditure report was accepted.

Item 7.4: Adopt Resolutions Authorizing the City Manager to Execute a Contract with American Conservation Experience (ACE) in the Amount of 140,528.63 to Provide Restoration Services on the City of Sonoma Overlook Trail, Authorize the City to Accept a Donation in the Amount of $41,634 from the Sonoma Overlook Trail Stewards, and Reappropriating $20,000 in Park-in-Lieu Fees to CIP P-14 (Mike Berger, Public Works Director)
Action: Adopted as Resolution 95-2024 and 96-2024.

Item 7.5: Adopt a Resolution Approving Addendum 1 to the Joint Powers Agreement with the County of Sonoma Addressing Payment for Video Streaming of Sonoma Valley Community Advisory Commission (SVCAC) Meetings with Costs Shared between the City and the County of Sonoma and Authorizing the Mayor to Execute the Addendum (Rebekah Barr, MMC, City Clerk)
Action: Adopted as Resolution 97-2024.

8. PUBLIC HEARING
Item 8.1: Discussion, Consideration, and Possible Introduction of an Ordinance of the City Council Amending Sonoma Municipal Code Sections 19.54.040 through 19.54.070 and Sections

19.54.090 through 19.54.100 (Planning Permit Approval or Disapproval), and Finding the Ordinance Exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines (Diane Levine, Associate Planner) Action: Ordinance was introduced.

Open Public Hearing: 6:58 p.m.

Public Comment: None.

Closed Public Hearing: 6:58 p.m.

Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to introduce an Ordinance of the City Council Amending Sonoma Municipal Code Sections 19.54.040 through 19.54.070 and Sections 19.54.090 through 19.54.100 (Planning Permit Approval or Disapproval), and Finding the Ordinance Exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) – General Rule – of the CEQA Guidelines. Motion carried 4-0-1 with Council Member Lowe, Vice Mayor Farrar-Rivas, Council Member Wellander, and Mayor Gurney voting YES, and Council Member Ding absent.

9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: Update on 2024 Council Goals (David Guhin, City Manager) Action: The update was received, and feedback was provided to the City Manager.

Public Comment: Sedra Nathan, Michael Ross, and Bob Sanders.

10. SECOND COMMENTS FROM THE PUBLIC
None.

10. ADJOURNMENT
Mayor Gurney adjourned the meeting at 7:43 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 18th of December 2024.
____________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.2:

City Council:

John Gurney, Mayor
Patricia Farrar-Rivas, Vice Mayor
Jack Ding
Ron Wellander
Sandra Lowe

SPECIAL MINUTES OF

THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Monday, December 4, 2024

5:00 PM Special Joint Meeting
Special Meeting Minutes, December 4, 2024
6:00 P.M. – SPECIAL JOINT MEETING

CONVENE & CALL TO ORDER
Mayor Gurney called the meeting to order at 5:00 p.m.

ROLL CALL
PRESENT: Mayor Gurney, Vice Mayor Farrar-Rivas, Council Member Wellander, Council Member Lowe
ABSENT: Council Member Ding

1. CALL TO ORDER

2. ITEMS FOR DISCUSSION
Item 2.1: A Resolution Declaring the City of Sonoma's Intent to Transition From At-Large Elections to District-Based Elections for City Council Pursuant to Elections Code Section 10010, Including Approving the Tentative Timeline, and Delegating Authority to the City Manager to Select, Approve, and Execute an Agreement with a Professional Demographer in an Amount Not to Exceed $50,000 (David Guhin, City Manager / David Ruderman, City Attorney / Rebekah Barr, MMC, City Clerk) Action: Adopted as Resolution 98-2024.

Motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to Adopt A Resolution Declaring the City of Sonoma's Intent to Transition From At-Large Elections to District-Based Elections for City Council Pursuant to Elections Code Section 10010, Including Approving the Tentative Timeline, and Delegating Authority to the City Manager to Select, Approve, and Execute an Agreement with a Professional Demographer in an Amount Not to Exceed $50,000.

Amended motion by Council Member Lowe, seconded by Vice Mayor Farrar-Rivas, to Adopt A Resolution Declaring the City of Sonoma's Intent to Transition From At-Large Elections to DistrictBased Elections for City Council Pursuant to Elections Code Section 10010, Including Approving the Tentative Timeline, and Delegating Authority to the City Manager to Select, Approve, and Execute an Agreement with a Professional Demographer in an Amount Not to Exceed $50,000 noting that the budget will come from the General Fund Reserves. Motion carried 4-0-1, with Council Member Lowe, Council Member Wellander, Vice Mayor Farrar-Rivas and Mayor Gurney voting YES and Council Member Ding absent.

3. ADJOURNMENT
Mayor Gurney adjourned the meeting at 5:19 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 18th day of December 2024. ___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Dec 2024
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Approving the 2025 Annual City Meeting Calendar Summary
The City's Municipal Code allows the City Council to determine the "regular" meeting schedule via resolution as necessary. Each year the City Council adopts an annual meeting calendar for the upcoming year. Staff is presenting the 2025 Master Meeting Calendar. This calendar includes a Council recess for the first meeting of July, as in the past, as well as adjusted meeting dates throughout the year to account for identified conflicts if necessary.

If there is a need for an additional meeting, either Regular or Special, the City Council cancel schedule one at any time.

Recommended Council Action
Adopt the resolution approving the 2025 City Council meeting calendar.

Alternative Actions
Council discretion.

Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution 2025 Meeting Calendar
2025 Annual Calendar
Agenda Item #9.3:

City of Sonoma
RESOLUTION #_____ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ESTABLISHING THE REGULAR MEETING DATES FOR THE 2025 CALENDAR YEAR
WHEREAS, Section 2.01.010 of the Sonoma Municipal Code requires the City Council to establish, by resolution, the date and time of regular Council meetings; and WHEREAS, the City Council desire to establish the date and time of their regular meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that:

1. For the calendar year 2025, the regular meetings of the City Council shall be held on the dates set forth on Exhibit A to this resolution.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 18th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.3:

2025 CITY OF SONOMA MASTER MEETING CALENDAR
2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT Jan 1
Jan 20
Feb 17
FYI
FYI

HOLIDAYS - OFFICES CLOSED
M L King Day
Presidents' Day
New Year's Day
26 27 28 29
2 3 4 5
30 31
16 17 18
2 3
9 10
4 11
1 7 8
15 20 21 22
5 6
19 14 16 17
18 30 JANUARY FEBRUARY 23 24 25 16 17
12 13 18
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15 MARCH
19 20 21 22
31 23 24 25 26 27 28
19 20 21 22
1 APRIL1 2
29 15 16 17
6 7 8
9 10 11 12 13 14 15
23 24 25 26 27 28
4 5
6 7 8 9 10 11 12
3 18 19
20 21 22 23 24 25 26
13 14
27 28 29 30
Design Review & Historic Preservation
Parks, Recreation & Open Space
Traffic Safety Committee
Sonoma Valley Community Advisory
Sonoma Valley Hospital District

MEETINGS
City Council
Planning Commission
Climate Action Commission
Cultural & Fine Arts Commission
Agenda Item #9.3:

2025 CITY OF SONOMA MASTER MEETING CALENDAR
2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT May 26
July 4
FYI
FYI
Sonoma Valley Community Advisory
Sonoma Valley Hospital District
Parks, Recreation & Open Space
Traffic Safety Committee
Cultural & Fine Arts Commission
Design Review & Historic Preservation
Independence Day Planning Commission
Climate Action Commission

HOLIDAYS - OFFICES CLOSED MEETINGS
City Council
31 JULY
1 25 26 27 28 29 30
22 23
27 28 29 30 31 24
20 21 26 17 18 19 20 21
7 16
8 9
13 14 15 16 17 18 19 10 11 12 13 14 15 MAY
1 1 2
6 7 8 9 10 11 12 3 AUGUST4 5 6
2 3 4 5
22 23 24 25
25 26 27 28 29 30 31 29 30
23 24 25 26 27 28
20 21
18 19 20 21 22 23 24 22
17 15 16 17 18 19
11 12 13 14
11 12 13 14 15 16
Memorial Day
4 5 6 7
4 5 6 7 8 9
2 3 JUNE1 2 3
10 8 9 10
Agenda Item #9.3:

2025 CITY OF SONOMA MASTER MEETING CALENDAR
2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT 2025 SUN MON TUE WED THU FRI SAT Sept 1
Nov 11
Nov 27
Nov 28
Dec 24
Dec 25
Dec 31
FYI
FYI
28 29 30
4 5
7 11 12
2 3 4 5 6 7
30 Climate Action Commission
6 13
3 9 10
17 22 23 24
8 1 2
18 19
21 SEPTEMBER OCTOBER 25 26 27 19 20
14 15 20
21 16
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18 NOVEMBER
22 23 24 25
26 27 28 29 30 31
19 20 21 22
1 DECEMBER1 2 3
29 16 17 18
8 9 10 11 12 13 14 15
23 24 25 26 27 28
16 17 18
5 6
7 8 9 10 11 12 13
4 19 20
21 22 23 24 25 26 27
14 15
28 29 30 31
Thanksgiving Day After Cultural & Fine Arts Commission

HOLIDAYS - OFFICES CLOSED MEETINGS
City Council
Veterans Day
Sonoma Valley Community Advisory
Sonoma Valley Hospital District
Labor Day
Christmas Eve Design Review & Historic Preservation
Christmas Day Parks, Recreation & Open Space
New Year's Eve Traffic Safety Committee
Planning Commission
Thanksgiving Day
Agenda Item #9.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Dec 2024
Department
Planning and Community Services
Staff Contact
Diane Levine, Associate Planner
Agenda Item Title
Adopt an Ordinance Amending Sonoma Municipal Code Sections 19.54.040 through

19.54.070 and Sections 19.54.090 through 19.54.100 (Planning Permit Approval or Disapproval), and Finding the Ordinance Exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.

Summary
The Zoning Code Amendments represent the Planning Division’s effort to correct inconsistencies found in the City of Sonoma’s Municipal Code (SMC). Staff has identified an inconsistency in provisions of the code that regulate the period of time an applicant has to exercise a permit approval within the planning development code.

Chapter 19.56, Permit Implementation, Time Limits, Extensions, explicitly provides a period of two years in which an applicant must exercise a permit approval unless conditions of approval or other provisions of the Development Code establish a different time limit. The two-year time limit for exercising permits was an increase from one year that the City Council approved on January 20, 2021 under Ordinance No. 01-2021. However, Chapter 19.54 still provides for a one-year time limit to exercise permits. This created an inconsistency between the periods in Title 19, Chapters 19.54 and 19.56.

The proposed Ordinance would amend Chapter 19.54, Planning Permit Approval or Disapproval, to indicate a two-year expiration in which an applicant shall exercise an approval. The purpose of the proposed amendments would create consistency between the Chapters related to expiration periods by referencing Chapter 19.56 in Chapter 19.54. The proposed amendments are provided in the draft Ordinance. In addition, Staff has included a clause that this ordinance shall apply retroactively to all applicable permit approval with an effective date of February 19, 2021, the date of Ordinance No. 01-2021 went into effect.

On October 24, 2024, the Planning Commission recommended the City Council approve the Ordinance as presented, and the Ordinance was introduced at the Regular Council Meeting of November 20, 2024.

Recommended Council Action
Adopt the ordinance titled “An Ordinance of the City Council of the City of Sonoma amending Title 19 of the Sonoma Municipal Code Sections 19.54.040 through 19.54.070 and Sections

19.54.090 through 19.54.100 Regarding Planning Permit Post-Approval Procedures and Finding this Action is Exempt From Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).” Alternative Actions
Council discretion.

Agenda Item #9.4:

Financial Impact
Not applicable.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Draft Ordinance
Alignment with Council Goals:

Agenda Item #9.4:

City of Sonoma
ORDINANCE # __________ - 2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING TITLE 19 OF THE SONOMA MUNICIPAL CODE SECTIONS 19.54.040 THROUGH 19.54.070 AND SECTIONS 19.54.090 THROUGH 19.54.100 REGARDING PLANNING PERMIT POSTAPPROVAL PROCEDURES AND FINDING THIS ACTION IS EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW UNDER THE GENERAL RULE IN CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) GUIDELINES SECTION
15061(B)(3)
WHEREAS, on January 20, 2021, the City Council of the City of Sonoma adopted Ordinance No. 01-2021 amending Sonoma Municipal Code Section 19.56.040 (Time Limits and extensions) to extend time limit for exercising permits from one year to two years; and WHEREAS, this amendment created an inconsistency with other sections of the Sonoma Municipal Code, Title 19, Chapter 19.54 (Planning Permit Approval and Disapproval); and WHEREAS, the City desires to create a consistent expiration period for permits under Sonoma Municipal Code, Title 19, Chapters 19.54 and 19.56; and WHEREAS, on October 24, 2024, the Planning Commission conducted a duly noticed public hearing to discuss and consider proposed amendments to adjust time limits for land use permits, considered public testimony, and made a recommendation to the City Council to approve a draft Ordinance; and
WHEREAS, the City Council conducted a noticed public hearing on November 20, 2024, for the purpose of considering the proposed amendments to the Ordinance; and WHEREAS, the City Council has duly considered all testimony presented at the public hearings, and the evaluation and recommendations from staff; and WHEREAS, the proposed amendments to the Sonoma Municipal Code set forth hereinbelow are consistent with state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: The following sections of the Sonoma Municipal Code are hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):

A. Subdivision (G) of Section 19.54.040 (Use permits) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:

19.54.040 Use permits.

Agenda Item #9.4:

G. Expiration. A use permit shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Postapproval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a use permit application.

B. Subdivision (G) of Section 19.54.050 (Exceptions) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:

19.54.050 Exceptions.

G. Expiration. An exception shall be exercised within one year from the date of approval, or the exception shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Post approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on an exception application.

C. Subdivision (G) of Section 19.54.060 (Variances) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:

19.54.060 Variances.

G. Expiration. A variance shall be exercised within one year from the date of approval, or the variance shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Post approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a variance application.

D. Subdivision (G) of Section 19.54.070 (Planned development permit) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:

19.54.070 Planned development permit.

G. Expiration. A planned development permit shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a planned development permit application.

E. Subdivision (I) of Section 19.54.090 (Demolition permit) of Chapter 19.54 (Planning Permit Approval Or Disapproval) is amended as follows:

19.54.090 Demolition permit.

Agenda Item #9.4:

I. Post-Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and Chapter 19.84 (Appeals) SMC after the decision on a design review demolition permit application.

F. Subdivision (I) of Section 19.54.100 (Request for reasonable accommodation) of Chapter

19.54 (Planning Permit Approval Or Disapproval) is amended as follows:

19.54.100 Request for reasonable accommodation.

I. Expiration. A request for reasonable accommodation shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved in compliance with Chapter 19.56 SMC, Permit Implementation, Time Limits, Extensions. Post Approval Procedures. Post-approval procedures shall comply with Chapters 19.56 (Permit Implementation, Time Limits, Extensions) and 19.84 (Appeals) SMC after the decision on a request for reasonable accommodation.

SECTION 3. Retroactivity. This ordinance intends to correct an inadvertent inconsistency regarding the expiration of permits created under Ordinance No. 01-2021 and as such shall apply retroactively to all applicable permits with an effective date of February 19, 2021, the effective date of Ordinance No. 01-2021.

SECTION 4. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance are:

A. The proposed amendment is consistent with the goal, policies, and actions of the General Plan;
The City of Sonoma Development Code carries out the policies and implementation measures of the General Plan. Consistency between Sections of the Development Code ensure accuracy of the Development Code review process and therefore the amendments are consistent with the goals, policies, and actions of the General Plan.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
the proposed amendment is to correct an inconsistency in the code to accurately reflect the expiration limit previously approved by the City Council January 20, 2021. Therefore the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 5 below; and
The amendments fall under CEQA Guidelines Section 15061 (B)(3) General Rule. The General Rule, also known as the “Common Sense Exemption” applies to projects in which it is clear and definitive that the project will not have any significant impacts on the environments.

Agenda Item #9.4:

D. The proposed amendment is internally consistent with other applicable provisions of this development code.

The purpose of the amendments is to create consistency with other applicable provisions of the development code by removing internal inconsistencies in the Municipal Code and improve clarity on the post-approval procedures for staff, applicants, and residents.

SECTION 5. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, and not involving a commitment to any specific project that may result in a potentially significant physical impact on the environment, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 6. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 7. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 8. Publication.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 9. This Ordinance Prevails Where There is Conflict.

To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control APPROVED:
__________________________
Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.4:

* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the 18th day of December, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.4:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Dec 2024
Department
Finance
Staff Contact
Prapti Aryal, Finance Director
Agenda Item Title
Accept the Expenditure Report for the Month of November 2024 Summary
The attached report shows disbursements for the month of November 2024. 100-43022 (General Fund-Streets Dept) saw a budget increase of $7,500 for the purchase of an EV charger pursuant to Resolution 66-2024.

Fund 510 (Water Utility) had a budget increase of $7,500 for the purchase of an EV charger as authorized by Resolution 66-2024.

Fund 391 (Successor Agency) paid $1,140,904 in principal and interest for the 2015 and 2021 tax allocation refunding bonds.

Fund 603 (Vehicle Replacement) saw a budget increase of $285,000 for the purchase of four vehicles, including two all-electric pickups, which was authorized under Resolution 66-2024.

A detailed list of disbursements is available at the web site indicated at the bottom of the report.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Report, November 2024
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
November Expenditures
Fund Glossary
Agenda Item #9.5:

DISBURSEMENT REPORT NOVEMBER 2024
Year to Date Monthly Year to Date Annual Percent of Fund Fund Revenue Expenditure Expenditure Budget Budget Balance General Fund 30000 6,034,150 24,262,320 25% 12,257,127
City Council 41001 14,280 56,458 175,144 32%
City Clerk 41002 26,811 140,911 439,186 32%
City Manager 41003 74,845 650,130 1,409,847 46%
Finance 41004 78,872 332,123 686,037 48%
City Attorney 41005 11,779 67,401 272,584 25%
Police 42101 51,116 2,177,579 7,595,839 29%
Fire 42201 42,440 3,328,437 7,936,241 42%
Public Works - Admin 43020 29,682 224,913 680,793 33%
Public Works - Streets 43022 105,808 586,701 1,187,673 49% Public Works - Parks 43023 94,200 721,416 1,651,256 44% Planning 43030 65,895 409,753 1,263,154 32%
Building 43040 56,283 190,801 941,768 20%
Community Activities 43101 55,637 473,909 979,429 48%
Successor Agency 43199 4,987 31,583 174,568 18%
Non-Departmental 43200 94,976 364,691 922,875 40%
Emergency Response 43201 169 5,554 - 0%
Transfers - 125,129 809,716 15%
Total General Fund Expenditures 807,779 9,887,489 27,126,108 36% Other Funds
Public Education & Gov 202 10,170 - - 59,061 0% (3,606) Strong Motion 203 127 - - - 0% 6,630
Asset Forfeiture 211 299 - - - 0% 17,131
SLESF C.O.P.S Grant 217 6,177 - - 100,000 0% 414,731
Bond Property 220 - - - - 0% (19,144)
Maysonnave Property 221 - - - - 0% (15,196)
Schell Drainage 234 3,490 - - - 0% 66,045
Abandoned Vehicle 240 3,124 966 5,739 - 0% (29,314)
Streets/Transport/Drain 301 1,185,094 36,523 236,150 499,599 47% (609,024) Gas Tax 302 125,014 3,856 57,018 1,080,940 5% 695,508
SB-1Road Maint 303 85,377 - 302,723 992,000 31% 467,961 Parks & Facilities 304 3,234 - - 70,000 0% 102,429
Fire Measure H 312 - - - 548,700 0% -
Transportation Measure M 313 73,331 - - 287,000 0% 307,937 Parks-In-Lieu/Quimby Act 314 10,262 358 358 142,921 0% 339,220 Parks Measure M 315 7,099 - - 427,000 0% 543,284
Prop 68 Parks 316 - - - - 0% (185,190)
Successor Agency 391 840,297 1,140,904 1,201,773 2,591,338 46% (25,344,766) CREBS 495 - - - - 0% (41,749)
2012 POB 498 22 - - - 0% (5,248)
Cemeteries 501 93,359 46,150 167,223 637,126 26% (2,117,206) Cemetery Replacement 502 - - - - 0% 288,613
Cemetery Endowment 504 9,258 - - 50,000 0% 775,880
Water Utility 510 3,458,473 1,397,721 3,648,650 6,796,897 54% 7,083,863 Water CIP 512 29,900 - - 950,000 0% 1,823,377
Water Equip Replacement 513 11,989 - - - 0% 715,837
EMS Equip Replacement 521 1,649 - - - 0% 83,535
Mgmt Information Srvcs 601 215,830 13,272 131,237 608,159 22% 402,708 Vehicle Replacement 603 177,377 - 384,462 934,339 41% 1,246,420 Insurance 604 872 - - - 0% 49,967
Bulding Maintenance 610 182,304 - - 35,000 0% 3,368,060 Computer Loan 614 1,061 - - - 0% 64,099
Hardscape Maint 615 433 - - - 0% 26,040
Admin Hearings 620 151 - - - 0% 684
Grants Restricted 630 1,532,321 - 1,179,945 360,000 328% 353,533 Culture Fine Art 701 185 - - - 0% 12,134
Tree Trust 702 292 - - - 0% 19,111
Public Art 703 572 - - - 0% 45,035
Pool Scholarship 715 4,333 - - 25,000 0% 226,879
Senior Housing 731 4,320 - - 40,410 0% 253,663
Housing Trust 732 226,930 - - - 0% 2,341,926
IGT 796 30,555 353,655 353,655 519,613 68% 1,726,326
SVFRA Operations 798 22,762 - - - 0% 649,622
TOTAL 14,392,195 3,801,185 17,556,422 44,881,211 39%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #9.5:

City of Sonoma

CITY OF SONOMA

FUND DESCRIPTIONS
General Fund (Fund 100): The general operating fund of the City is used to account for all financial resources except those that require accounting in another fund.

Public Education & Government (Fund 202): Special revenue fund accumulates fees from telecommunication operators to support public, educational and government telecommunications, including broadcasting public meetings. Costs associated with acquiring equipment, renovating and constructing PEG-related facilities and broadcasting are paid from this fund.

Strong Motion (Fund 203): Accounts for State of California "strong motion" fees paid by building permit applicants. Funds are paid regularly to State Department of Conservation.

Asset Forfeiture (Fund 211): Accounts for funds received from seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate, crime. Funds are expended according to legal restrictions.

SLESF (Supplemental Law Enforcement Services Fund)/COPS (Citizen Option for Public Safety) (Fund 217): Supplemental law enforcement funding is distributed by the State to the County which passes through the funding to local agencies. These funds have traditionally been used to support the costs of the Community Service Officer staff in the Police Department.

Bond Property (Fund 220): The Bond Property, a six acre parcel located at 19990 Seventh Street, was bequeathed to the city in 1977 by Pauline Bond, for the purpose of “creating and maintaining a public park” and is now home to the Sonoma Garden Center. The parcel is leased to the Sonoma Ecology Center who maintains the property and administers public programs at the site. Not Currently Active Fund
Maysonnave Property (Fund 221): The Maysonnave Property, consisting of two parcels of land totaling

1.44 acres located at 291 and 289 First Street East, was bequeathed to the city in 1990 by Henri Maysonave for the purpose of “creating and maintaining a public park”. The parcel at 291 First Street East is leased to the League for Historic Preservation who maintains the property and administers public programs at the site while the parcel identified as 289 First Street East is leased to the Valley of the Moon Petanque Club, which maintains the property and administers public programs at that site. Not Currently Active Fund
Schell Drainage (Fund 234): Accounts for funds used for tracking of mitigation fees for specific projects.

Not Currently Active Fund
Abandoned Vehicle (Fund 240): Accounts for funds received from the Sonoma County Abandoned Vehicle Abatement (SCAVA) program and must be expended in compliance with legal restrictions.

Agenda Item #9.5:

City of Sonoma
Streets/Transport/Drain (Fund 301): This Capital Improvement Fund represents a transfer of funds from the General Fund to support improvements to the City's streets, sidewalks, bikeways, and storm drainage system.

Gas Tax (Fund 302): The State of California imposes per-gallon excise taxes and sales taxes on gasoline and diesel fuel, and registration taxes on motor vehicles with allocations dedicated to transportation purposes. Gas taxes can be used for any street or road purpose; however, it is best practice to focus on maintenance and rehabilitation costs only.

SB-1 Road Maintenance (Fund 303): The Road Repair and Accountability Act of 2017 (SB1) increased per-gallon excise taxes and sales taxes on gasoline and diesel fuel, and vehicle registration taxes, stabilized price-based fuel tax rates and provided for inflationary adjustments to rates in future years.

Funds may be used for road maintenance and rehabilitation, safety projects, “complete street” components, and traffic control devices.

Parks & Facilities (Fund 304): This Capital Improvement Fund represents a transfer of funds from the General Fund to support improvements to the City's 17 parks encompass nearly 40 acres, nine play structures, two public restrooms, Class I bike trails, hiking trails, a duck pond, and a rose garden. Park needs that exceed the capacity of City and contract workers are included in this fund.

Fire Measure H (Fund 312): Sonoma County measure uses a ½ cent countywide sales tax to improve fire services.

Transportation Measure M (Fund 313): The Traffic Relief Act for Sonoma County (Measure M) provides for a ¼ cent sales tax that is apportioned to local jurisdictions to maintain their streets, as well as other County-wide street, highway, transit, and safe bicycle and pedestrian routes.

Parks-In-Lieu/Quimby Act (Fund 314): The 1975 Quimby Act (California Government Code §66477) authorized the City to pass ordinances requiring developers set aside land, donate conservation easements, or pay fees, which can only be used for new and rehabilitating existing parks and recreational facilities and cannot be used for the operation and maintenance of park facilities The City currently has a parkland dedication (exaction) requirement as a condition of approval for Tentative Subdivision Maps or Tentative Parcel Maps.

Parks Measure M (Fund 315): Sonoma County Parks Improvement, Water Quality and Fire Safety Measure (Measure M) is a one-eighth cent sales tax that supports Sonoma County’s regional and city parks
Prop 68 Parks (Fund 316): Known as the California Clean Water and Safe Parks Act, Proposition 68 allocates funds to construct and rehabilitate parks, implement water improvements for safe drinking water, increase recycling and flood protection, and encourage climate change adaptation projects.

Successor Agency (Fund 391): The City of Sonoma has elected to serve as the Successor Agency to the Sonoma Redevelopment Agency, which was dissolved by the State through the Redevelopment Dissolution Act in 2012. The City as Successor Agency receives pass through revenue when property taxes are remitted to the City by the County via RPTTF (Redevelopment Property Tax Trust Fund). The City then makes authorized payments from Successor Agency for expenses, such as debt service costs, contract services for contracts issued before the dissolution of the development agency, and other expenses, including legal services.

Agenda Item #9.5:

City of Sonoma
CREBS (Clean Renewable Energy Bonds) (Fund 495): Bonds to pay for solar projects at the Police Station and Corporation Yard. Not Currently Active Fund 2012 POB (Pension Obligation Bond) (Fund 498): Bond issued to refund the City’s side fund loan obligations to the California Public Employees’ Retirement System (CalPERS). Not Currently Active Fund Cemetery Pre-Need (Fund 500): Accounts for deposits paid for burial plots, crypts, and niches. Not Currently Active Fund
Cemeteries (Fund 501): Accounts for funding to support the City’s three cemeteries’ operations and maintenance, including burial and inurnment preparation and coordination, cemetery improvements, tree hazard assessment and abatement, grounds maintenance, mausoleum maintenance, road maintenance, and vandalism abatement.

Cemetery Replacement (Fund 502): Not Currently Active Fund Cemetery Endowment (Fund 504): The Cemetery Endowment Fund was created to record the income received from Cemetery sales that is designated as endowment care. The City’s Municipal Code defines endowment care as the general maintenance of the City’s three cemeteries that is necessitated by natural growth and ordinary wear.

Water Utility (Fund 510): This enterprise fund is responsible for the delivery of high quality, dependable water service for a variety of needs including consumption, irrigation, and fire protection. It operates and maintains 3 active City-owned tanks with a combined storage capacity of 5.5 million gallons, 7 production wells and appurtenant treatment facilities, 2 pump stations with a combined 140 horsepower maximum output, 56 miles of active water main ranging from 8” to 14” in diameter, 513 fire hydrants, and approximately 4,500 active service connections Water Construction in Progress (CIP) (Fund 512): This Capital Improvement Fund represents a transfer of funds from the Water Utility Fund to support improvements to the City's drinking water infrastructure. Projects include replacing aging water mains and appurtenances (e.g. tees, crosses, couplers, saddles, valves), neighborhood-scale water service replacement projects, renewing tank coatings and corrosion control systems, replacing well or pump station equipment, replacing Supervisory Control and Data Acquisition (SCADA) systems and equipment, improvements to well and pump station buildings (e.g. replacing roofs or electrical systems).

Water Equipment Replacement (Fund 513): Accounts for costs to replace water equipment. Not Currently Active Fund
EMS Equipment Replacement (Fund 521): Accounts for costs to replace EMS equipment.

Management Information Services (Fund 601): The fund provides a mechanism for funding the operational costs, maintenance, and planned replacement of installed computer systems, equipment, software, telephone systems and other critical electronic office equipment through annual transfers from other City departments and funds.

Agenda Item #9.5:

City of Sonoma
Vehicle Replacement (Fund 603): Accounts for costs to replace vehicles based on a depreciation schedule. Costs are distributed among user departments and transferred as approved in the annual budget process.

Insurance (Fund 604): Account from which liability, property, earthquake, vehicle, and other insurance premiums are paid. Funding is transferred from other City departments and funds on a pro rata share.

Not Currently Active Fund
Building Maintenance (Fund 610): The fund allows the City to set aside funding received through annual transfers made by other City departments and funds for future replacement or repair of certain items in City owned and maintained facilities.

Computer Loan (Fund 614): Created by the City Council in 2000 and funded by an initial transfer of $50,000 from the Employee Benefit Fund, this fund provides low interest loans to employees for the purchase of computers for both personal and professional use. Loans must be repaid through payroll deductions within two years.

Hardscape Maintenance (Fund 615): Accounts for the City's hardscape maintenance reserve programs.

Not Currently Active Fund
Administrative Hearings (Fund 620): Accounts for all activities of the City's Administrative Hearings as charged to departments. Not Currently Active Fund
Grants Restricted (Fund 630): The purpose of the fund is to separately track grant monies that are received and spent for capital improvement projects.

Culture Fine Art (Fund 701): Accounts for assets held to be used for cultural fine art programs. Not Currently Active Fund
Tree Trust (Fund 702): Accounts for assets held to be used for planting and replacement of trees. Not Currently Active Fund
Public Art (Fund 703): Accounts for assets held to be used for public art displays. Not Currently Active Fund
Pool Scholarship (Fund 715): In 2014, the City entered an agreement with Sonoma Valley Health and Recreation Association to support the construction of a swimming pool within the Sonoma Valley. The City’s financial commitment is for a total of $250,000 to be paid in 10 annual installments of $25,000 for the value of free and reduced-fee services to be provided to Sonoma Valley residents Senior Housing (Fund 731): Sonoma Creek Senior Housing is a thirty-four unit rental apartment complex for very low income senior citizens located on Oregon Street and administered by the Board of Directors of the Sonoma Community Housing Corporation (SCHC), a non-profit housing corporation created by the City’s Community Development Agency (CDA). The Board of the SCHC is comprised of two City Councilmembers, the City Manager, a staff member designated by the City Manager and a public member. The operation of the apartment complex is contracted out to Hank Fisher Properties, a rental management firm, with the resident managers being employed by the firm. All accounting and finance for the complex is handled through the rental management contract. Rental income is used to Agenda Item #9.5:

City of Sonoma
repay the indebtedness issued for the purchase of the complex and to cover annual maintenance and other operational costs. Not Currently Active Fund
Housing Trust (Fund 732): The fund accumulates and distributes funding in accordance with the City Council’s Affordable Housing Plan. The main source of funding is from General Fund transfers of one percent of the Transient Occupancy Tax.

IGT (Intergovernmental Transfer) (Fund 796): State of California program that provides an opportunity to receive federal matching funds to support health services for Medi-Cal Managed Care beneficiaries served by the Fire Department.

SVFRA (Sonoma Valley Fire Rescue Association) Operations (Fund 798): Accounts for operational activities in which revenues and expenses are split between the City and SVFD.

Agenda Item #9.5:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Dec 2024
Department
Finance
Staff Contact
Prapti Aryal, Finance Director
Agenda Item Title
Adopt the Following to Enact the Transaction & Use Tax that was Passed at the November 5, 2024, General Municipal Election:

1. A Resolution Authorizing the City Manager to Execute Agreements with the California Department of Tax & Fee Administration for Implementation of a Local Transactions and Use Tax; and

2. A Resolution Authorizing Examination of Sales or Transactions and Use Tax Records; and

3. A Resolution Authorizing the City Manager to Execute an Amendment to the Existing Contract with Hinderliter De Llamas and Associates (HdL Companies) to Include Management Services for Tax Measure T
Summary
At the General Municipal Election on November 5, 2024, the voters of Sonoma passed Measure T. Measure T establishes a 0.5% increase in the local sales tax, officially referred to as a "transactions and use tax," and is projected to generate approximately $3 million annually.

These funds will support vital City services such as public safety, emergency response, traffic safety, street and sidewalk maintenance, youth recreation, parks, and affordable housing programs.

California Department of Tax and Fee Administration (CDTFA), which oversees the administration and collection of local sales taxes across California, requires formal agreements to facilitate the implementation process and to collect the tax on an on-going basis. Additionally, HdL Companies, the City's current sales tax consultant, provides services such as revenue forecasting, compliance audits, and reporting. Expanding their scope to include Measure T will ensure the City optimizes revenue, maintains compliance, and achieves accurate accounting and monitoring of these funds.

In order to comply with the CDTFA and ensure HdL has appropriate access to essential data related to this new tax, there are several key actions the City is required to undertake. These include:

1. Formalization of two agreements with the California Department of Tax and Fee Administration (CDTFA)
a. An Agreement for Preparation to Administer and Operate City's Transactions and Use Tax Ordinance
b. An Agreement for State Administration of City Transactions and Use Taxes These agreements are necessary for CDTFA to administer and collect the tax on behalf of the City.

Agenda Item #9.6:

1. Formally identify who represents the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department.

2. Amendment to the City’s existing contract with HdL Companies This amendment will expand their sales tax management services to include an oversight of Measure T revenues.

The three attached resolutions accomplish the necessary actions to enable the City to enact the tax and begin collecting the revenue it will generate.

Recommended Council Action
Adopt the three resolutions by separate motion.

Alternative Actions
Council discretion.

Financial Impact
The administrative fees charged by CDTFA will be deducted from the gross revenues collected under Measure T, which shall not exceed $175,000.00. The quarterly charges for HdL is based on contingent fee based on the revenue recovered which is budgeted in account 100-41004- 311-50311. The estimated cost for the HdL agreement is $5,000 per year.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments

01. Resolution - CDTFA Agreements with Exhibits

02. City Updated Resolution For Examination of Confidential Records

03. Resolution - HdL Amended Contract

03. Amendment to HdL PSA re Measure T
Agenda Item #9.6:

City of Sonoma
RESOLUTION # _______ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE

CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS

AND USE TAX
WHEREAS, on August 7, 2024, the City Council approved Ordinance #07-2024 amending the City Municipal Code and providing for a local transactions and use tax, which was approved by the voters at the November 5, 2024 general election; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 18th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.6:

EXHIBIT A
Agenda Item #9.6:

AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Sonoma, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

Agenda Item #9.6:

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:

City of Sonoma
ATTN: Finance Director
No. 1 The Plaza,
Sonoma, CA 95476

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF SONOMA CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
By By______________________________
(Signature) Administrator
Local Revenue Branch
David Guhin
(Typed Name) Date: _____________________________
City Manager
(Title)
Date: _12/19/2024_______________________
Agenda Item #9.6:

EXHIBIT B
Agenda Item #9.6:

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Sonoma has adopted, and the voters of the City of Sonoma (hereafter called “City” or “District”) have approved by the required majority vote, the City of Sonoma Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9 and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No.07-2024, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

Agenda Item #9.6:

B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

Agenda Item #9.6:

F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

Agenda Item #9.6:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.

Agenda Item #9.6:

Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:

City of Sonoma
ATTN: Finance Director
No. 1 The Plaza,
Sonoma, CA 95476
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 1, 2025. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.

Agenda Item #9.6:

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing Agenda Item #9.6:

forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF SONOMA CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION
By By: _____________________________
(Signature) Administrator
Local Revenue Branch
David Guhin
(Typed Name) Date: ____________________________
City Manager
(Title)
12/19/2024
(Date)
Agenda Item #9.6:

Agenda Item #9.6:

383927.1
City of Sonoma
RESOLUTION #_______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING

EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to Ordinance Number 84-7, the City of Sonoma (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Number 04-2012, 14-2016, 07-2020, and 07-2024, Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the City Council of the City of Sonoma deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA HEREBY RESOLVES AS FOLLOWS:

Section 1. That the City Manager, Finance Director and Accountant or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Budget Planning
(b) Economic Analysis
(c) Tax Administration and Compliance
(d) Revenue Sharing and Tax Dispute Resolution
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

Section 3. That Hinderliter, de Llamas & Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter, de Llamas & Associates:

Agenda Item #9.6:

383927.1
a) Has an existing contract with the City to examine those sales or transactions and use tax records;
b) Is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract.
d) Is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department.

Section 4. That Hinderliter, de Llamas & Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribution of sales or transactions and use taxes that was filed by Hinderliter, de Llamas & Associates on behalf of the City pursuant to the contract between the Hinderliter, de Llamas & Associates and City. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter, de Llamas & Associates:
a) Has an existing contract with the City to examine those sales or transactions and use tax records;
b) Is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract.
d) Is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

Section 5. That this resolution supersedes all prior resolutions of the City Council of the City of Sonoma adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

PASSED, RESOLVED, AND ADOPTED, at a Regular Meeting of the City of Sonoma City Council on this 18th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
*****
Agenda Item #9.6:

383927.1
I, Rebekah Barr, MMC, City Clerk of the City of Sonoma, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of Sonoma, at a regular meeting of said Council held on the 18th day of December 2024, by the following roll call vote:

Ayes:

Noes:

Absent:

ABSTAIN
___________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.6:

City of Sonoma
RESOLUTION # __________ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE

CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH

HINDERLITER DE LLAMAS AND ASSOCIATES (HDL) TO INCLUDE MANAGEMENT

SERVICES FOR TAX MEASURE T
WHEREAS, on November 5, 2024, the voters of the City of Sonoma approved Measure T, a

0.5% increase in the local sales tax, to provide funding for essential City services including public safety, traffic safety, street maintenance, parks, and affordable housing programs; and WHEREAS, HdL currently provides the City of Sonoma with sales tax management services, including revenue forecasting, compliance audits, and reporting; and WHEREAS, amending the City's existing contract with HdL to include oversight of Measure T revenues will ensure accurate accounting, compliance, and monitoring of funds generated by the measure, as well as the maximization of revenue; and WHEREAS, HdL has demonstrated expertise and reliability in providing such services to municipalities, and expanding its scope to include Measure T will enhance the City’s ability to efficiently manage and oversee this new tax revenue.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma as follows:

1. The City Council authorizes the City Manager to execute the amendment to the existing agreement with HdL to include services related to the administration, oversight, and monitoring of Measure T revenues.

2. The amended contract shall encompass services such as compliance audits, revenue forecasting, and detailed reporting on Measure T funds, ensuring transparency, accountability, and adherence to applicable laws and regulations.

3. The City Manager is directed to take any necessary actions to implement the amended agreement, ensuring HdL is fully equipped to manage the requirements of Measure T.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 18th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Mayor
ATTEST:
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.6:

383903.1 Page 1
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
(City of Sonoma and Hinderliter De Llamas & Associates) This Amendment No. 1 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 18th day of December 2024 at Sonoma, California, by and between the City of Sonoma, a municipal corporation, No. 1 The Plaza, Sonoma, CA 95476 (“City”) and Hinderliter De Llamas & Associates, a California corporation (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated June 24, 2019 in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section

3.6 Scope of Services of the Agreement to include, in addition to the scope provided in the Agreement, consultation for Transaction and Use Tax Services for Measure T.

See Exhibit A for Scope of Services and Compensation for Measure T which is incorporated by reference and expressly included in section 3.6 of the Agreement.

Unless expressly amended in this Amendment, all provisions, conditions, covenants, and terms of the Agreement shall remain in full force and effect. [Signatures on following page]
Agenda Item #9.6:

Professional Services Agreement
(City of Sonoma / HdL Companies)
383903.1
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Sonoma
By:________________________________
Signature
Printed: David Guhin________________
Title: City Manager__________________
Date:______________________
“Consultant”
Hinderliter de Llamas & Associates
By:________________________________
Signature
Printed: Andrew Nickerson__________
Title: __CEO________________________
Date:______________________
Attest:

By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Printed: __Gary Lott__________________
Title:_COO__________________________
Date:______________________
Approved as to form:

By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
Agenda Item #9.6:

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“EXHIBIT A”
Scope of Work and Approved Fee Schedule
Agenda Item #9.6:

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EXHIBIT A

SERVICES

1. Transactions Tax and Economic Analysis/Forecasting Services/Reports

1.1. Consultant shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “T” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

1.2 Consultant shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified. Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.

1.3. Consultant shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.

1.4. Consultant shall make available to CITY the HdL proprietary software program and Measure “T” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

2. Deficiency/Allocation Reviews and Recovery

2.1. Consultant shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the City. Reviews shall include:

2.1.(a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure “T” City boundaries, and therefore subject to transactions tax.

2.1.(b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.

2.1.(c) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.

2.1.(d) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure “T” Transactions Tax District.

2.2. Consultant will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.

2.2. Consultant shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow-up with the individual businesses and the California Department of Tax Agenda Item #9.6:

383903.1
and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

3. Consulting and Other Optional Services
Consultant may from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenue-related matters.

FEES

4. Transactions Tax and Economic Analysis/Forecasting Services/Reports

4.1. Fees shall be paid $300 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.

4.2. Consultant will increase the non-hourly Fees established above once a year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S.

Bureau of Labor Statistics (the “CPI Change”).

5. Allocation and Audit Recovery Services

5.1. Fees shall be paid 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by Consultant, (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by City or Consultant to be increment attributable to causes other than Consultant’s work pursuant to this agreement. In the event, Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Consultant’s responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee.

Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

6. Consulting and Other Optional Services

6.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.

6.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days’ prior written notice to City will be given.

7. General Provisions Relating to Fees
Agenda Item #9.6:

383903.1

7.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by City.

7.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.

8. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records. The following conditions specified in Section 7056- (b)(1) of the State of California R&T Code are hereby made part of this Agreement:

8.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.

8.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information.

8.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.

8.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired.

Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

9. Software Use and Proprietary Information
Software Use. Consultant hereby provides authorization to City to access Consultant’s Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be used by authorized City staff. No access will be granted to any third party without explicit written authorization by Consultant. City shall not sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software, or any right of City to sell said software or the use of same, or any right to use said software for the benefit of others. This software use authorization is not transferable. Upon termination or expiration of this Agreement, the software use authorization shall expire, and all City staff website logins shall be de-activated.

Proprietary Information. As used herein, the term “proprietary information” means all information or material that has or could have commercial value or other utility in Consultant’s business, including without limitation: Consultant’s (i) computer or data Agenda Item #9.6:

383903.1
processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; desktop or web-based software; (iii) business processes; (iv) marketing plans, analysis and strategies; and (v) materials and techniques used; as well as the terms and conditions of this Agreement. Except as otherwise required by law, City shall hold in confidence and shall not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement or otherwise. The terms of this Section shall not apply to any information that is public information.

Agenda Item #9.6:

383903.1
“EXHIBIT B”
Campaign Contribution Disclosure Form
Agenda Item #9.6:

383903.1

CAMPAIGN CONTRIBUTION

DISCLOSURE PROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to
determine if the provisions apply to you. If you
determine that the provisions are applicable, the
Campaign Disclosure Form must be completed and
returned to the City with your application.

1. No City Councilmember or other City official shall
accept, solicit, or direct a campaign contribution of more than $250 from any party1 or agent2 for 12 months after the City approves a contract. This prohibition
commences when an application is filed, or a proceeding is otherwise initiated.

2. A party to a City proceeding shall disclose on the
record of the proceeding any campaign contribution of more than $250 by a party or agent to any City Councilmember or other City official during the preceding 12 months. No party to a City proceeding, or agent, shall make a campaign
contribution to a City Councilmember or other City official during a proceeding and for 12 months after the City
approves a contract.

3. A City Councilmember or other City official who
received a campaign contribution of more than $250
within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she returns the portion of a campaign contribution in excess of $250 within 30 days of knowing about the contribution and the relevant
proceeding, he or she may participate in the proceeding. 1 “Party” is defined as any person who files an
application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a
party in connection with a proceeding. If an
individual acting as an agent also is acting as an
employee or member of a law, architectural,
engineering, or consulting firm, or a similar entity
or corporation, both the individual and the entity or
corporation are agents. When a closed corporation
is a party to a proceeding, the majority shareholder
To determine whether you or your agent made a campaign
contribution of more than $250 to a City Councilmember or other City official within the preceding 12 months, you must aggregate all such contributions.

Names of current City Councilmembers and other City
officials are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please contact the City Clerk.

CAMPAIGN CONTRIBUTION

DISCLOSURE FORM
(a) ______________________________________Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, or agent, who has
contributed more than $250 to any City Councilmember or other City official within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
(c) Name of City Councilmember or other City official to whom contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) □ Check here If no contributions have been made to
any Councilmember or other City official in the
preceding 12 months.
(e) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
Agenda Item #9.6:

383903.1
is subject to these provisions.

Agenda Item #9.6:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 18 Dec 2024
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Public Hearing to Introduce an Ordinance amending Sonoma Municipal Code Chapters 19.41 – Two-Unit Residential Development and Chapter 19.72 – Parcel Maps For Urban Lot Splits and finding this action is not a Project under Division 13 (Commencing With Section 21000) of the Public Resources Code
Summary
On September 16, 2021, SB9 was signed by Governor Newsom and effective January 1, 2022. This bill requires a proposed housing development containing up to two (2) residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. It also requires a local jurisdiction to ministerially approve a parcel map for an urban lot split in a single-family residential zone to create two independent lots that may be sold separately so long as each resulting lot is at least 1,200 square feet and are approximately the same size as each other. To be considered ministerially, without discretionary review or hearing, the project must meet certain objective requirements. Since SB9 requires ministerial review processes, the approval of SB9 projects is exempt from the California Environmental Quality Act (CEQA).

On December 15, 2021, the City Council adopted Urgency Ordinance No. 13-2021 pertaining to development regulations for urban lot splits and two-unit residential development in singlefamily zones as allowed under SB9. In March 2022, California Department of Housing and Community Development (HCD) released guidance on the implementation of SB9. The HCD SB 9 Fact Sheet states, in relevant part, that it is “for informational purposes only and is not intended to implement or interpret SB 9.” However, they are commenting on SB 9 ordinances consistent with the Fact Sheet as seen in the attached letter to Temple City.

Since then, multiple meetings have been held to discuss adoption of a Regular Ordinance at the Planning Commission and City Council. On June 18, 2024 (link to Agenda and Video) and August 22, 2024 (link to Agenda and Video) staff restarted the discussion on the ordinance to implement SB9. At that meeting staff provided an overview of the Senate Bill, Department of Housing and Community Development Guidance and questions for the Planning Commission to help guide development of a new ordinance. Since that Planning Commission meeting the Governor signed Senate Bill 450 (attached) which provides further direction on implementation of SB 9. Staff provided a draft ordinance to implement both bills as SB 450 will go into effect on January 1, 2025 which was discussed at the Planning Commission meeting on October 24, 2024 (link to Agenda and Video). Planning Commission discussed the Ordinance and provided further direction to make additional changes that would simplify the ordinance and reference applicable code sections instead of reiterating standards that may change over time. On November 21, 2024 (link to Agenda and Video) Planning Commission adopted a Resolution recommending City Council approve the proposed Ordinance.

Agenda Item #10.1:

Overview of Senate Bill 9 as Amended by Senate Bill 450 Two Unit Development Project
SB9 requires ministerial approval of up to two (2) 800-square foot residential units (“Two-Unit Residential Development”) on any property that is zoned single-family residential if the project meets specific requirements. In Sonoma, there are only two zoning districts which only permit single-family residences, R-R (R-R (Residential – Rural) district and R-HS (Residential – Hillside) district. However, based on the discussion at Planning Commission, the R-L (Residential – Low Density) district and R-S (Residential – Sonoma) district will be included because single-family use is the primary purpose of those zones.

Requirements to qualify for SB9 include:
 Site is not a listed historic landmark, or located within a listed historic district (state/local);
 Parcel is located within an urbanized area or urban cluster;  Parcel meets location requirements of Government Code § 65913.4(a)(6)(b)-(k) (see Location Restrictions discussion below);
 Project would not alter or demolish deed-restricted affordable housing, rent-controlled housing, housing that invoked the Ellis Act in the last 15 years, or housing occupied by a tenant in the last three (3) years; and
 Project would not demolish more than 25 percent of the existing exterior walls, unless either: (a) the local agency allows otherwise; or (b) the site has not been occupied by a tenant in the last three (3) years. Removed by SB 450.

Urban Lot Split
SB9 also provides for the subdivision of a parcel in a single-family residential zone through an “Urban Lot Split” with a ministerial process if it meets specific requirements including:
 Lot split results in two (2) approximately equal-sized lots (60/40 split max);  Each new lot is at least 1,200 square feet; requires minimum 2,400-square foot lot or 3,000 square feet if 60/40 split;
 Lot split was not established through a prior SB9 lot split;  Neither the owner nor “any person acting in concert with the owner” has previously subdivided an adjacent parcel through an SB9 lot split; and SB9 allows a local agency to impose objective zoning and design standards as long as those standards would not have the effect of physically precluding construction of up to two (2) primary units on each resulting parcel through an urban lot split or physically precluding the construction of two (2) primary units from being at least 800 square feet in floor area. Gov’t Code §65852.21(b)(2). SB9 does not override any private land use restriction imposed by covenants, conditions, and restrictions (CC&Rs). None of the units created under SB9 may be used for short-term rentals of 30 days or less. SB 450 further clarifies that local jurisdictions cannot impose any objective zoning standards, objective subdivision standards, and/or objective design standards that are more restrictive than the underlying zone.

A local agency may not require dedication of land or off-site improvements such as sidewalk, curb, and gutter improvements as a condition of approval of the subdivision under an SB9 urban lot split. In addition, a local agency may not require the correction of existing, nonconforming zoning conditions as a condition of approving an urban lot split and an urban lot split may result in the creation of a nonconformity as it relates to setbacks.

SB 450 also modified the required finding to deny a project by removing physical environment Agenda Item #10.1:

from consideration. The City may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety as defined by GSC 65589.5(d)(2) and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Inconsistency with the zoning ordinance or general plan do not constitute an adverse impact to public health of safety. In addition, SB 450 states that complete applications must be approved or denied within 60 days.

Location Restrictions
Senate Bill 9 requires that parcels meet certain locational requirements to be eligible for a two-unit residential development. Development is not allowed to occur on sites specified in subparagraphs (B) to (K) of Government Code Section 65913.4(a)(6). These include wetlands; high or very high fire hazard severity zones as indicated on maps adopted by the Department of Forestry and Fire Protection, unless sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development; hazardous waste sites; earthquake fault zones; 100-year flood hazard areas or floodways as determined by the Federal Emergency Management Agency (FEMA), unless specific requirements are met; and conservation and habitat areas.

Proposed Ordinance
Based on SB 450, HCD and ABAG guidance, and Planning Commission discussion, staff has drafted a proposed ordinance (attached) for consideration and discussion by the City Council.

The proposed ordinance includes track changes (underline for new text, strikethrough for removed text) for Chapter 19.41 Two Unit Development and 19.72 Urban Lot Split.

Environmental Review
Any ordinance implementing SB 9 is exempt from the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.

Recommended Council Action
Introduce City Council Ordinance "Amending Sonoma Municipal Code Chapters 19.41 – TwoUnit Residential Development and Chapter 19.72 – Parcel Maps For Urban Lot Splits and finding this action is not a Project under Division 13 (Commencing With Section 21000) of the Public Resources Code."
Alternative Actions
Council Discretion
Financial Impact
Not applicable.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Approved/Certified
No Action Required
Action Requested
Agenda Item #10.1:

Not Applicable
Attachments
Draft Ordinance - SB9 Implementation
EXHIBIT A - SMC Chapter 19.41 Two Units Residential Development Nov 2024 EXHIBIT B - SMC Chapter 19.72 Urban Lot splits Nov 2024 SB450
Bill Text - SB-9 Housing development
ABAG SB9 Legal_Summary
ABAG SB9 FAQs
HCD SB9 Factsheet
HCD Letter to Temple City
Alignment with Council Goals:

Not Applicable
Agenda Item #10.1:

City of Sonoma
ORDINANCE #_____ - 2024
AN ORDINANCE AMENDING THE SONOMA MUNICIPAL CODE CHAPTERS 19.41 – TWOUNIT RESIDENTIAL DEVELOPMENT AND CHAPTER 19.72 – PARCEL MAPS FOR URBAN LOT SPLITS AND FINDING THIS ACTION IS NOT A PROJECT UNDER DIVISION 13 (COMMENCING WITH SECTION 21000) OF THE PUBLIC RESOURCES CODE WHEREAS, on September 16, 2021, Governor Newsom signed into law Senate Bill 9 (“SB9”), entitled the “California Home Act”. Among other provisions, this bill adds Sections 65852.21 and 66411.7 to the Government Code and became effective on January 1, 2022; and WHEREAS, SB9 requires cities and counties to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two (2) residential units within a single-family residential zone, if the two-unit or subdivision project meets certain statutory criteria; and
WHEREAS, state law allows a local agency to adopt an ordinance to implement the provisions in SB9; and
WHEREAS, the City of Sonoma has implemented land use policies based on the City’s General Plan, which provide an overall vision for the community and balance important community needs, and the City seeks to ensure that SB9 projects are consistent with those policies; and
WHEREAS, the City of Sonoma adopted Urgency Ordinance 13-2021 adding Chapter

19.41 and Chapter 19.72 to implement SB9 Two Unit Development and Urban Lot Split provisions; and
WHEREAS, on September 19, 2024, Governor Newsom signed into law Senate Bill 450 (“SB 450”), which amends SB9; and
WHEREAS, the City of Sonoma desires to amend Chapter 19.41 and Chapter 19.72 to be consistent with SB 450; and
WHEREAS, adoption of this Ordinance is consistent with the goals, policies, and actions of Sonoma General Plan, would not be detrimental to the public interest, health, safety, convenience, or welfare of the city, and is internally consistent with other applicable provisions of the City’s development code for the reasons expressed in this Ordinance, the accompanying staff reports, and other substantial evidence presented; and WHEREAS, adoption of this Ordinance is not a Project subject to the requirements of the CEQA pursuant to Government Code sections 65852.21(j) and 66411.7(n); and WHEREAS, the proposed Ordinance was reviewed by the Planning Commission at a duly noticed public hearing on October 24, 2024, and November 21, 2024; and WHEREAS, the proposed Ordinance was introduced by the Sonoma City Council on ____________.

Agenda Item #10.1:

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. MUNICIPAL CODE AMENDMENTS
The Sonoma Municipal Code Chapter 19.41 and Chapter 19.72 are hereby amended as shown in Exhibit A and Exhibit B, attached hereto and incorporated herein by this reference.

SECTION 3. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code:

A. The proposed amendment is consistent with the goal, policies, and actions of the General Plan;
The City of Sonoma Development Code carries out the policies and implementation measures of the General Plan and State Law. Consistency between Sections of the Development Code and State Law ensure accuracy of the Development Code review process and therefore the amendments are consistent with the goals, policies, and actions of the General Plan.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
The proposed amendment is to amend the implementing ordinance for Senate Bill 9 for Two Unit Development and Urban Lot Split. Therefore the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
Government Code 65852.21 (j) and 66411.7(n) exempt implementation ordinances for Senate Bill 9 therefore CEQA does not apply.

D. The proposed amendment is internally consistent with other applicable provisions of this development code.

The purpose of the amendments is to create consistency with applicable provisions of the development code and state law for Two Unit Development and Urban Lot Splits to improve clarity for staff, applicants, and residents.

SECTION 4. California Environmental Quality Act.

Agenda Item #10.1:

This Ordinance is not a project subject to the requirements of CEQA pursuant to Government Code 65852.21 (j) and 66411.7(n), because the adoption of an ordinance to implement SB9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.

SECTION 5. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. Publication.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 8. This Ordinance Prevails Where There is Conflict.

To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

PASSED AND ADOPTED at a regular Council Meeting of the City Council of the City of Sonoma held on the _______________ by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Mayor
ATTEST:

Rebekah Barr, MMC, City Clerk
Approved as to form:

City Attorney of the City of Sonoma
Agenda Item #10.1:

I HEREBY CERTIFY that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Sonoma, Sonoma County, California, at a meeting thereof, held on the _____________, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Rebekah Barr, MMC, City Clerk
Agenda Item #10.1:

EXHIBIT A
Chapter 19.41 TWO-UNIT RESIDENTIAL DEVELOPMENT PROJECTS IN SINGLE-FAMILY ZONES

19.41.010 Purpose and applicability land use, zoning and density.

A. The intent of this chapter is to is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 development projects on residentially zoned properties within the City of Sonoma. provide the opportunity for the development of two residential units on one legal parcel in the following residential zoning districts in the city, consistent with state law and local regulations: R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, and R-HS (Residential – Hillside) district. The regulations are established to implement the requirements under California Government Code Sections 65852.21. In the event of an inconsistency between this chapter and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail.

B. Two-Unit residential developments in single family zones shall be located, developed, and used in compliance with this Chapter. Two-unit residential developments are a permitted residential use only on parcels zoned R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, or R-HS (Residential – Hillside) district.

Two-unit residential developments are not subject to the density requirements of the Sonoma General Plan or this code applicable to properties zoned R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, or R-HS (Residential – Hillside) district.

19.41.020 Definitions.

The definitions below shall apply to the following terms used herein:
“Car share vehicle” shall mean a vehicle available for sharing located in a car share vehicle facility approved by the city.
“Car share vehicle facility” shall mean a facility of fixed location approved by the city to permit the storage, pick-up, and drop-off of a car share vehicle. “Existing structure” or “existing unit” shall mean an existing permitted or otherwise legal singlefamily dwelling or accessory dwelling unit.

Agenda Item #10.1:

"Ministerial" means no discretionary review or public hearing. “Sufficient For Separate Conveyance” shall mean that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually. “Two-unit residential development or project” shall mean two primary residential units located on a single lot. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings, a housing development consisting of no more than two dwelling units, including a development which entails adding one new unit to an existing unit, which are developed using the provisions of this chapter and the provisions set forth in California Government Code Sections 65852.21 and/or 66411.7.

19.41.030 Planning permit and application requirements.

A. Two-Unit Residential Permit Required. A proposal to construct a two-unit residential development shall be subject to first obtaining a two-unit residential permit (sometimes referred to as a “two-unit permit”).

B. Application Submittal Requirements. The submittal requirements for a two-unit residential permit application shall be established by separate policy published by the planning community development director (“director”). Upon establishment of such submittal requirements, all applicants for a two-unit residential permit must comply with the procedures set forth in the director’s policy.

C. In addition to obtaining a two-unit permit, the applicant shall be required to obtain a building permit, tree removal permit if applicable, and other applicable construction post-entitlement permits prior to the construction of the dwelling units which are the subject of the two-unit permit.

19.41.040 Review procedures and action.

A. Completeness Review. The director or designee shall determine whether the application for a two-unit permit is complete pursuant to the requirements of Government Code Section 65943.

Agenda Item #10.1:

B. Objective Standard Consistency. The director or designee shall provide an applicant for a two-unit permit with written documentation identifying any inconsistencies with the objective standards applicable to two-unit residential developments within 60 30 days of determining the application is complete.

C. Ministerial Action. The director or designee shall render a ministerial decision without a public hearing on a two-dwelling-unit permit application upon such application being deemed complete. Notwithstanding anything to the contrary set forth in this code, the director’s or designee’s action to grant or deny an application for a two-unit permit is final and not subject to appeal.

19.41.050 Maximum number of units.

A two-unit residential development shall include no more than two dwelling primary residential units on a single parcel, namely, a development that proposes no more than two new units or proposes to add one new unit to one existing unit. New dwelling units proposed as part of a twounit residential development must be primary dwelling units. New accessory dwelling units (“ADUs”) and new junior accessory dwelling units (“JADUs”) are not permitted.

A. When not located on a site subject to an approved or proposed urban lot split: (1) a maximum of two primary units per parcel meeting the requirements of this Chapter are permitted; and (2) either one accessory dwelling unit or junior accessory dwelling unit per primary unit meeting the requirements in Chapter 19.45 of this title is permitted, for a total of up to four units on the subject property.

B. When located on a site subject to an approved or proposed urban lot split, a maximum of two primary units meeting the requirements of this Chapter are permitted per parcel resulting from the urban lot split, for a total of two primary units on each of the two resulting parcels. Should a resulting parcel include only one primary development unit, either one accessory dwelling unit or junior accessory dwelling unit meeting the requirements of Chapter 19.45 of this title is permitted.

Agenda Item #10.1:

19.41.060 Building code.

All local and state building code provisions applicable to dwelling units shall apply to two-unit residential developments. A two-unit residential development shall meet all building code provisions necessary to accommodate separate conveyance of the subject dwelling units, including but not limited to providing a separate gas, electric, sewer, and water utility connection directly between each dwelling unit and the utility. Prior to issuance of any utility permits, the utility shall verify the service availability for the parcel. The project shall be connected to and served by the utility prior to final inspection approval of the project.

19.41.070 Easements.

Dwellings in a two-unit residential development shall not encroach upon any easement. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of the Community Development Department.

19.41.080 Minimum rental period.

Dwelling units in a two-unit residential development shall not be rented for a period of less than six months.

19.41.090 Deed restriction.

Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The covenant shall notify future owners of the approved size and attributes of the units and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two primary residential units and two accessory dwelling units, for a total of four units, may be created on any single parcel or on any two parcels created using urban lot split subdivision procedures. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.

A deed restriction, signed by the property owner(s) of record and the director or designee, shall be recorded with the Sonoma County recorder’s office, listing the restrictions and limitations Agenda Item #10.1:

applicable to two-unit residential developments as identified below. Said deed restrictions shall be recorded prior to the issuance of a certificate of occupancy for the two-unit residential development and run with the land, and shall be binding upon any future owners, heirs, or assigns. The deed restrictions shall state:

A. The two-unit residential dwellings shall not be sold separately unless an urban lot split is approved pursuant to Government Code Section 66411.7 and Chapter 19.72 SMC, which lot split results in each said dwelling unit occupying a different lot; B. The dwelling units shall not be rented for a period of less than six consecutive months and termination of a tenancy shall not occur prior to expiration of at least one six-month rental period by the same tenant; and
C. The restrictions shall be binding upon any successor in ownership of the property, may be enforced by the city and lack of compliance with any provisions of Chapter 19.72 SMC or this chapter can may result in legal action against the property owner, including revocation of any right entitlement to maintain two dwelling units on the property.

19.41.100 Development impact f Fees associated with development.

Two-unit residential developments shall be subject to paying fees associated with development, including development impact fees, Quimby Act fees, connection fees, capacity charges, and other fees or charges as applicable.

19.41.110 Time limits and extensions.

A two-unit permit granted pursuant to this chapter shall be subject to the time limits and extensions of time specified in Chapter 19.56 SMC.

19.41.120 Prohibitions.

A two-unit residential project shall not be permitted under this chapter in any of the following circumstances A. Two-unit residential development or urban lot split, as specified in state law, shall be prohibited at the following sites, pursuant to state law and as further specified below:

A. The parcel on which the project is located is in a wetlands; Agenda Item #10.1:

B. The parcel on which the project is located is located in a very high fire severity zone, unless the project meets fire hazard mitigation measures pursuant to existing building standards and state fire mitigation measures applicable to the development; C. The parcel on which the project is located is located on a hazardous waste site, unless the site has been cleared by the state for residential use; D. The parcel on which the project is located is located in Alquist-Priolo earthquake fault zones, unless the development complies with applicable seismic protection building code standards;
E. The parcel on which the project is located is located in a special flood hazard area (SFHA), unless a FEMA letter of map revision or map amendment has been issued by FEMA to the city for the project location or the site meets the flood damage prevention regulations contained in Chapter 14.25 SMC and the minimum requirements of the Federal Emergency Management Agency’s National Flood Insurance Program;
F. The parcel on which the project is located includes lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement;

1. Sites located in any of the following, as identified in Government Code Sections 65913.4(a)(6)(B) to (K), as of 2021:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. Two-unit residential development shall not be permitted within Agenda Item #10.1:

the Very High Fire Hazard Severity Zones, unless existing building standards within Very High Fire Hazard Zones include the high fire construction standards adopted or enforced by the City, as determined by the Building Official or the Fire Marshall. No variance or modification to any Fire Code requirements or high fire construction standards shall be permitted. d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. f. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the development has received a no rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall Agenda Item #10.1:

not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j. Lands under conservation easement.

2. Historic Resources. The project is Sites located in an historic district, property or structure designated pursuant to a local ordinance or included on the State Historic Resources Inventory or city of Sonoma’s local inventory of historic resources. Without limiting the generality of the foregoing, two-unit residential developments are not permitted in the following city historic districts or areas: historic overlay district; Broadway corridor district; plaza district; historic train district; Sebastiani cottage district; on parcels identified on the city’s local historic resources list; and other historic districts defined as historic;

3. Rental Units. The proposed development Sites that would require demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes;

2. A rent-controlled unit;

3. A unit that has been occupied by a tenant within the past three years; or

4. Housing units removed from the rental market within the past 15 years under the Ellis Act A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date of the application submittal.

Agenda Item #10.1:

4. Substantial Redevelopment. The proposed development would result in the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three years.and/or

5. Nonconforming Development. Sites already developed with two or more existing residential units, nonresidential uses, or mixed-use, shall not use the provisions of this section to add floor area, add residential units, or make any other alterations to the buildings or site otherwise prohibited by this Chapter, unless the development complies with all the standards of this Chapter.

6. Adverse Impacts. Sites the planning director finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided.

19.41.130 General requirements.

A. A proposed two-unit residential project shall comply with the following requirements:

1. The applicable flood damage prevention regulations contained in Chapter 14.25 SMC.

2. Development adjacent to a creek shall comply with SMC 19.40.020 (Creekside development). Construction of a two-unit project shall maintain a minimum 30-foot setback from the top of a creek bank (Nathanson Creek or Fryer Creek), except along Sonoma Creek, where a 50-foot setback shall be required. Additional setback dimensions or areas may be necessary to protect sensitive environmental resources (e.g., vernal pools). Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space.

The applicant shall provide the building department with all applicable permits from outside agencies, which may include, but not be limited to, the San Francisco Bay Regional Water Quality Control Board, California Department of Fish and Wildlife, the Army Corps of Engineers, State Water Resources Control Board and/or U.S. Fish and Wildlife Service when requested by the building official.

3. A permanent address that complies with fire district standards is required for each dwelling unit.

4. The project shall comply with the applicable regulations contained in the California Building Standards Code as amended and adopted by the city of Sonoma.

5. Prior to issuance of a building permit for the construction of a two-unit residential project, the municipal water utility shall verify water service availability for the parcel. The project shall be Agenda Item #10.1:

connected to and served by the municipal water utility system prior to final inspection approval of the project.

6. Prior to issuance of a building permit for the construction of a two-unit residential project, the public sewer system utility shall verify public sewer service availability for the parcel. The project shall be connected to and served by the public sewer system prior to final inspection approval of the project.

7. Replacement Housing. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

7. Any two-unit residential project legally created shall be governed by the zoning regulations in effect at the time of approval.

8. Development standards set forth in a planned unit development or specific plan shall apply to any housing development except that any such planned unit development or specific plan standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for a housing development; or (2) preclude a housing development that meets the applicable requirements of state law or this Chapter.

9. The correction of nonconforming zoning conditions may not be required as a condition of approval.

19.41.140 Restrictions.

A two-unit residential development shall be subject to the following restrictions:

A. The development and use of dwelling units in two-unit residential projects shall only be valid if in conformance with this chapter and permitted under this chapter.

B. Any owner wishing to modify the number of units in an approved two-unit residential development must request termination of the use of one or more of the dwelling units using the procedures set forth in this chapter and satisfy all zoning and development standards such as setbacks, floor area and lot coverage.

C. If a basement is included in the design and construction of a dwelling unit which is the subject of a two-unit permit, the square footage of the basement shall be included in the calculation of the total floor area permitted under this chapter.

D. Roof decks are not allowed in a two-unit residential development governed by this chapter.

Agenda Item #10.1:

E. The creation of flag lots to accommodate a two-unit residential project is prohibited.

19.41.150 Objective development standards.

A. General Requirements. Two-unit residential developments are subject to the development standards in this section as adopted and amended from time to time. In addition, two-unit residential projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this chapter. Notwithstanding the above, if the application of an objective standard would have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single parcel, compliance with that objective standard shall be waived but only to allow up two units 800 square feet each.

1. Allowed Uses. The only uses allowed on parcels on which two-unit residential development is permitted and, in the units, created under a two-unit residential development shall be residential uses and may not be used for rentals of less than 30 days, and rental terms shall not allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

2. Minimum Lot Size. The minimum size of any parcel on which a two-unit residential development is permitted is 1,200 square feet.

3. Minimum and Maximum Floor Area Ratio. Maximum floor area ratio for a two-unit residential development shall be that specified for the zoning district in which the two-unit residential development is located. The floor area of each unit of a two-unit residential development shall be no greater than 800 square feet; provided, however, that if the application of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived but only to the extent necessary to allow construction of the affected unit(s) of a size equaling 800 square feet in floor area.

4. Height. Maximum height for a two-unit residential development shall be that specified for the zoning district, however any portion of a new dwelling unit constructed within a reduced setback from the underlying zone shall be permitted to build to a maximum 16-feet in height. In no case shall the building exceed the height of the underlying zone to allow the development of two 800 square foot units, when it is feasible to modify other development standards to allow the development. Each unit of a two-unit residential development shall have only one story. The maximum height of the one-story unit shall be 18 feet above finished grade, measured from finished grade to the highest point of the roof. If application Agenda Item #10.1:

of an objective standard would have the effect of physically precluding a unit from being built on the parcel as a one-story structure, a two-story unit shall be allowed. The height of that two-story structure shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, one-story walls shall not exceed a plate height of 12 feet above finished grade, two-story walls shall not exceed an overall plate height of 20 feet above finished grade, and the plate height on any new second story shall not exceed eight feet.

5. Site Coverage. Maximum site coverage for a two-unit residential development shall be that specified for the zoning district in which the two-unit residential project is located. “Site coverage” means the percentage of total site area occupied by structures (including but not limited to the residential units, garage, all accessory buildings, and decks over 18 inches above grade), and areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.

6. Setbacks. Setbacks for a two-unit residential development shall be that specified for the zoning district, however setbacks from the side and rear lot property lines shall be no less than four feet, except in the case of existing structures or structures constructed in the same location and to the same dimensions as an existing structure. Double-frontage (lots that abut two nonintersecting and different streets) and corner lots (lots that abut two streets where they intersect) shall use the following criteria to determine the location of the lots’ rear and side yards:
a. Double-Frontage Lots. For double-frontage lots, the exterior front yard shall be that part of the lot that fronts on either one of the two streets, and which contains the driveway and/or to which the front door faces. In those instances where the driveway is contained on a portion of the lot that fronts one street and the front door faces the other street, the owner may select either frontage of the lot as the front yard, and the opposite frontage shall be considered the rear yard. Where the driveway is contained on the portion of the lot to which the front door faces, that portion shall be considered the front yard and the opposite frontage shall be considered the rear yard. b. Corner Lots. For corner lots, the exterior front yard shall be that part of the lot that fronts on either one of the two streets, and which contains the driveway and/or to which the front door faces. In those instances where the driveway is contained on a portion of the lot that fronts one street and the front door faces the other street, the owner may select either frontage of the lot as the front yard, and the other frontage shall be considered the side yard. Where the driveway is contained on the portion of the lot to which the front door faces, that portion shall be considered the front yard and the other frontage shall be considered the side yard.

Agenda Item #10.1:

7. Building Form.
a. Dwelling units in a two-unit residential development shall include permanent provisions for living, eating, and sleeping, including a kitchen and bedroom closet or other storage.
b. Dwelling units in a two-unit residential development shall have separate exterior entries facing the street, and any part of the building of one unit may not be closer than six feet to the nearest part of the other dwelling building. c. A permanent foundation for each dwelling unit in a two-unit residential development and attached accessory uses shall be required.

8. Off-Street Parking.
a. One covered or uncovered off-street parking space is required per dwelling unit in a two-unit residential project, except as exempted below. i. No parking is required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a designated parking space for a car share vehicle located within one block of the parcel. b. The location of the required parking space(s) shall not obstruct the required parking of each dwelling unit and shall be a minimum of 20 feet in length and 10 feet in width. c. Tandem parking is prohibited. Each unit must have its own parking space which can be accessed without crossing over or encroaching upon the other unit’s parking space.
d. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from parking requirements.

9. Access to a Public Street. Every dwelling unit shall have permanent means of access to a public street. When automobile parking is required or proposed, vehicular access to a public street or alley shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards consistent with the California Fire Code and SMC Chapter 12.12.

10. Storm Water Management. Two-residential unit development must comply with the City’s Storm Water Runoff Requirements pursuant to Chapter 13.32 Stormwater Management and Discharge Control.

Agenda Item #10.1:

11. Landscaping.
a. Street trees shall be planted in the city’s right-of-way, along the property frontages.

All street trees (including their spacing, size, type, and quantity) shall be consistent with the city’s tree planting program, including the master tree list. b. Each parcel on which a two-unit residential project is permitted shall feature landscaped front yards with mature trees (minimum of three trees, each of 15-gallon size) and other shrubs (minimum of 10 shrubs, each of five-gallon size). c. A complete application for a two-unit residential permit shall include a water conservation plan, which is subject to the approval of the city engineer. The plan shall include conservation measures for indoor and outdoor water use and shall be consistent with the city’s water conservation and landscape efficiency ordinances and policies.
d. A complete application for a two-unit residential permit shall include a landscape plan which must comply with the city’s water efficient landscaping ordinance (Chapter

14.32 SMC) and SMC 19.40.060 (Landscape standards), SMC 19.40.070 (Open space for multifamily residential projects), SMC 19.40.100 (Screening and buffering), and Chapter 19.46 SMC (Fences, Hedges and Walls).

12. Outdoor/Common Space.
a. Each two-unit residential development shall include 300 square feet of common shared exterior open space for each unit, for a total of 600 square feet of area not occupied by structures, parking spaces or driveways and available for use by the occupants of both dwelling units.
b. Each two-unit residential development shall include 75 to 225 square feet of private exterior open space for each dwelling unit, for the use and enjoyment of the residents of the unit for which the open space is provided.

Outdoor/Common Space for a two-unit residential development shall be that specified for the zoning district.

13. Utilities. Private underground utility services, including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a two-unit residential development. All dwelling units in a twounit residential development must be able to connect and shall connect to municipally supplied water, sewer, gas, and electricity services. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) Agenda Item #10.1:

installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a two-unit residential project shall be installed underground. Equipment appurtenant to underground facilities, including surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground.

12. Affordable Housing.
a. A complete application for a two-unit residential permit shall include a separate statement, signed by the applicant or owner of the parcel for which the two-unit residential project is proposed stating whether each new dwelling unit will be an ownership or rental unit.
b. The owner of each newly created unit in a two-unit residential project shall enter into an affordable housing agreement (“AHA”), in a form approved by the planning director and city attorney, assuring the continued affordability of each unit in perpetuity.

Affordable rental units shall include a management and maintenance plan (addressing issues including but not limited to tenant screening; warning and eviction procedures; use and maintenance of patios, decks, and other outdoor areas; quiet time; and the long-term maintenance of buildings and landscaping). The AHA must be executed and recorded prior to the issuance of any building permits pertinent to the two-unit residential project.
i. Units held out for rent shall be affordable to households in the low-income category based upon the Sonoma County area median income levels. ii. Units that are proposed to be owned shall be affordable to households in the moderate-income category based upon the Sonoma County area median income levels.
1 Unless the parcel is located within one-half mile (walking distance) of a high-quality transit corridor as defined in Section 21155(b) of the Public Resources Code or major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel, in which cases no on-site parking space shall be required.

19.41.160 Denial.

A. Denial of a Two-Unit Residential Development. The Director, or designee, shall not approve a Two-Unit Residential Development under any of the following circumstances:

1. The project proposes creation of more than two units total as described in this Chapter Agenda Item #10.1:

of Two-Unit Residential Development.

2. The urban lot split does not meet the requirements of Title 19 Development Regulations and Guidelines.

3. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

19.41.1670 Violations and enforcement.

It is unlawful for any person to violate any provision of this chapter. Violations are subject to the enforcement penalties and procedures of Chapters 1.30 and 19.90 SMC, administrative penalties and development code enforcement. The remedies provided therein are cumulative.

Agenda Item #10.1:

EXHIBIT B
Chapter 19.72 PARCEL MAPS FOR URBAN LOT SPLITS

19.72.010 Purpose and applicability scope.

A. The intent of this chapter is to is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 development projects on residential zoned properties within the City of Sonoma. The regulations are established to implement the requirements under California Government Code Sections 66411.7. In the event of an inconsistency between this chapter and Government Code Section 66411.7, Government Code Section 66411.7 shall prevail. This chapter implements California Government Code Section 66411.7 to provide an owner of a parcel zoned for single-family residential use a method to subdivide the parcel to accommodate the construction of two-unit residential development provided under Chapter

19.41 SMC.

B. Definitions.

1. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

2. “Parcel map” shall have the same meaning as defined in Chapter 16.13 SMC.

3. “Two-unit residential development or project” shall have the same meaning as this term is defined in Chapter 19.41 SMC.

4. “Urban lot split” shall be defined as a subdivision involving the division of an existing parcel in a single-family residential zone into no more than two parcels.

B. Land Use, Zoning, and Density.
l. Land Use. Parcels created by an urban lot split shall only be developed with and used for two-unit residential developments pursuant to the standards and requirements of Chapter 19.41 SMC and all applicable provisions of this code.

2. Zoning. Urban lot splits shall only be permitted for parcels located in the following zoning districts: R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, and R-HS (Residential – Hillside) district.

3. Density. Urban lot splits are not subject to the density requirements of the Sonoma General Plan or this code.

Agenda Item #10.1:

19.72.020 Definitions.
“Acting in concert with the owner” shall mean a person, or entity that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
“Adjacent parcel” shall mean any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street, or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant. “Common ownership or control” shall mean property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property. “Nonconforming zoning condition” shall mean a physical improvement on a property that does not conform with current zoning standards.
“Parcel map” shall have the same meaning as defined in Chapter 16.13 SMC. “Two-unit residential development or project” shall have the same meaning as this term is defined in Chapter 19.41 SMC.
“Urban lot split” shall be defined as a subdivision involving the division of an existing parcel in a single-family residential zone into no more than two parcels that meets all the criteria and standards set forth in this Chapter.

19.72.030 Parcel map and application requirements.

A. Parcel Map Required. An urban lot split shall require the submittal of an application for a parcel map prepared in accordance with the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) and Chapter 16.05 SMC.

B. Two-Unit Permit Application Also Required. At the time that an application for an urban lot split is filed with the city, the applicant must also file with the city an application for a two-unit permit in accordance with Chapter 19.41 SMC in which the applicant must set forth the two-unit residential development projects which the applicant proposes to develop on each of the two parcels proposed to be created by the urban lot split.

C. Completeness Review. The city engineer or designee shall determine whether the parcel map application for an urban lot split is complete pursuant to the requirements of Government Agenda Item #10.1:

Code Section 65943. If the urban lot split map is denied, the reasons therefore shall be stated in the notice of denial.

D. Objective Standard Consistency. The planning community development director or designee shall provide an applicant for an urban lot split with written documentation identifying any inconsistencies with the objective standards applicable to the urban lot split within 30 days of the application being determined or deemed complete.

E. Ministerial Action. The city engineer or designee shall render a ministerial decision without a public hearing on a parcel map application for an urban lot split upon within 60 days such application being deemed complete. The city engineer shall approve a parcel map for an urban lot split if the engineer determines that it meets all of the requirements objective standards applicable to the urban lot split of this chapter and Title 16 Subdivisions. Notwithstanding anything to the contrary set forth in this code, the city engineer’s or designee’s action to grant or deny a parcel map application for an urban lot split is final and not subject to appeal.

F. Building Permit Issuance. A building permit for development on an urban lot split shall not be issued until after the urban lot split parcel map is recorded with the county recorder’s office.

G. Denial. if Impacts. The application for an urban lot split may be denied if the planning director finds that the proposed development would have a specific, adverse impact on public health and safety or the physical environment that cannot be feasibly mitigated or avoided. The Director, or designee, shall not approve an urban lot split map under any of the following circumstances:

1. The land proposed for division is a lot or parcel which was part of an urban lot split that the City previously approved.

2. The subdivision proposes creation of more than two lots, or more than four units total among the two lots as described in Section C of Two-Unit Residential Development described above.

3. The urban lot split does not meet the requirements of Title 16 Subdivisions.

4. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

5. The urban lot split does not comply with applicable, objective requirements imposed by the Subdivision Map Act, Title 16 Subdivisions, and this Chapter. Any decision to disapprove an Agenda Item #10.1:

urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act, Title 16 Subdivisions, and this Chapter.

H. Preparation and Fee. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444 through 66450 and this chapter and submitted for approval to the city engineer.

I. Time Limit and Extension. A parcel map approved pursuant to this chapter that is not recorded within 24 months of the date of approval shall expire and become void, except where an extension of time is requested by the subdivider. A maximum extension of 12 months may be approved by the planning director or designee.

19.72.030 Parcel eligibility.

A. An urban lot split shall be allowed on parcels located in the single-family residential zones listed under SMC 19.72.010(CB)(2), except where:

1. The parcel is specifically prohibited as identified in Section 19.41.120 Prohibitions. The subject parcel meets one or more of the criteria specified in Government Code Sections 65913.4(a)(6)(B) through (K);

2. The parcel is located within a historic district or property described in SMC 19.41.120(G).

2. The subject parcel was established through prior exercise of an urban lot split pursuant to Government Code Section 66411.7.

3. The owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in Government Code Section 66411.7. For purposes of this chapter, “any person acting in concert” with the owner includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner; and/or

5. The urban lot split would require the demolition or alteration of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
Agenda Item #10.1:

3. Housing that has been occupied by a tenant in the last three years; or

4. The subject parcel is a property on which its owner has exercised his/her/its rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date of submitting an application for a parcel map to create an urban lot split.

19.72.040 Subdivision regulations.

A parcel map for an urban lot split shall be subject to all applicable, objective subdivision standards stipulated in Chapters 16.01 through 16.13 SMC, with the exception of those standards requiring right-of-way dedications and off-site subdivision improvements.

19.72.050 Development standards.

A parcel map for an urban lot split shall be subject to all objective development standards stipulated in this Chapter, Title 16 Subdivisions, and the Subdivision Map Act (commencing with Government Code Section 66410)), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of offsite improvements may be required as a condition of approval for an Urban Lot Split, although easements may be required for the provision of public services and facilities.
, with the exception of those standards requiring right-of-way dedications and off-site subdivision improvements.

19.72.060 Maximum number of dwelling units permitted.

A maximum of two dwelling units shall be permitted on each parcel created by an urban lot split.

Such units shall consist of two primary single-family dwelling units.

A. When located on a site subject to an approved or proposed urban lot split, a maximum of two primary units meeting the requirements of this Chapter are permitted per parcel resulting from the urban lot split, for a total of two primary units on each of the two resulting parcels.

Agenda Item #10.1:

1. Should a resulting parcel include only one primary development unit, either one accessory dwelling unit or junior accessory dwelling unit meeting the requirements of Chapter 19.45 of this title is permitted.

2. New accessory dwelling units and new junior accessory dwelling units shall not be permitted in addition to the two primary residential units on each lot.

19.72.070 Owner occupancy required.

The owner of a parcel being subdivided pursuant to Government Code Section 66411.7 shall sign an affidavit stating his/her/its intent to occupy one of the housing units existing or constructed as part of the two-unit residential development as his/her/its principal residence for a minimum of three years from the date of approval of the parcel map for the urban lot split, the form and content of which is satisfactory to the City Attorney. This subsection shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

19.72.080 Minimum rental period.

Any dwelling unit located on a parcel created by virtue of an urban lot split that is offered for rent shall not be rented for a period of less than six months.

19.72.090 Nonconforming zoning conditions.

Notwithstanding any contrary provisions of this code, the approval of an urban lot split parcel map shall not be contingent on the correction of any existing nonconforming zoning condition.

19.72.100 Separate sale or conveyance.

The dwelling units on parcels created through an urban lot split can be separately sold or conveyed. Accordingly, the dwelling units proposed on such parcels shall be designed to allow separate conveyance.

Agenda Item #10.1:

19.72.110 Building code.

All local and state building code provisions applicable to dwelling units shall apply to two-unit residential developments. A two-unit residential development shall meet all building code provisions necessary to accommodate separate conveyance of the subject dwelling units, including but not limited to provide a separate gas, electric, sewer, and water utility connection directly between each dwelling unit and the utility.

19.72.120 Additional information on parcel map for urban lot splits.

The following supplemental information is required to be submitted with a parcel map for an urban lot split:

A. The parcel map shall be 24 inches by 36 inches in size, be drawn to scale with the scale indicated on the parcel map and shall show and specify the following information:

1. Total area (in acreage and square feet) of the existing and each proposed lot;

2. Location and dimensions of existing and proposed property lines;

3. Zoning district;

4. The location and use of all existing and proposed structures;

5. The location of all existing water wells and septic systems;

6. All required zoning setbacks for the existing and proposed lots;

7. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;

8. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;

9. The location of any proposed easements for flood control, access, or public utilities to serve a lot created by the subdivision;

10. The location and species of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;

11. Any area of the parcel that has a slope of 25 percent or greater by way of contours at five-foot intervals;

12. Any area of the parcel that is a watercourse;
Agenda Item #10.1:

13. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;

14. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;

15. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);

16. Location of existing or proposed pedestrian pathway access to the public right-of-way; and

17. Open space areas required under Chapter 19.41 SMC.

B. A statement of the owner, signed under penalty of perjury under the laws of California, that:

1. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. d. Housing that has been occupied by a tenant in the last three years;

2. The parcel has not been established through prior exercise of an urban lot split under this chapter;

3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter;

4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map;

5. Rental terms of any unit created by the subdivision shall not be less than 30 days six consecutive months, nor shall rental terms allow termination of the tenancy prior to the Agenda Item #10.1:

expiration of at least one six consecutive months’ 31-day period occupancy by the same tenant; and

6. The uses allowed on a lot created by the parcel map shall be limited to residential uses.

19.72.130 Objective subdivision standards.

A. Urban lot splits are subject to the objective subdivision standards in this section as adopted and amended from time to time. Urban lot splits shall conform to all objective zoning, subdivision, and design standards applicable to the residential zoning district in which the parcel subject to the urban lot split is located, SMC Chapter 16.03 Subdivision Design and Improvement Requirements and SMC Chapter 19.41 Two Unit Residential Development except as expressly provided in this chapter.

A. Minimum and Maximum Floor Area. The floor area of each unit of a two-unit residential development shall be no greater than 800 square feet; provided, however, that if the application of an objective subdivision standard would have the effect of physically precluding either or both units from being 800 square feet in floor area, such standard shall be waived but only to the extent necessary to allow construction of the affected unit(s) of a size of 800 square feet in floor area.

B. Height. Each unit of a two-unit residential development shall have only one story. The maximum height of the one-story unit shall be 18 feet above finished grade, measured from finished grade to the highest point of the roof. If application of an objective subdivision standard would have the effect of physically precluding a unit from being built on the parcel as a onestory structure, a two-story unit shall be allowed. The height of that two-story structure shall not exceed 25 feet measured from the finished grade to the highest point of the roof. Additionally, the plate height on any new second story shall not exceed eight feet.

C. Parcel Design and Improvements.

1. An urban lot split parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of an urban lot split:
a. Areas of a lot that are a watercourse, which consists of that portion of the creek, stream or watercourse located within the tops of its banks.

Agenda Item #10.1:

b. Areas of lots that contain slopes greater than 25 percent. c. Areas of lots that contain wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

2. Each parcel must be served by not less than one separate water service meter connected to the municipal water system and not less than one separate connection to the public sewer system.

3. Each parcel shall drain to the street or to a developed drainage easement.

4. Easements shall be granted to the city for access along all natural watercourses as necessary for flood control, maintenance, and improvement purposes.

5. Lot Lines. A lot line shall not bisect or be located within four feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure under any city ordinance or included on the State Historic Resources Inventory or listed on the city of Sonoma’s local inventory of historic resources;
c. A dwelling that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or
d. If the resulting lot would create a developable area that would interfere with the use of an existing easement for its intended purpose.

6. Accessory structures requiring a building permit shall not be permitted on lots created from urban lot splits.

7. Bioretention/infiltration systems shall be at least four percent the size of the total size of new impervious surfaces.

D. Lot Lines. The location and orientation of new lot lines shall meet the following standards:

1. Front lot lines shall conform to the minimum public street frontage requirements of the development code where feasible; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.

2. Each parcel shall have approximately equal lot width and lot depth. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line Agenda Item #10.1:

connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.

3. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment, in which case the lines should be straight where possible but may follow the appropriate course if necessary.

4. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.

5. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets.

6. Lot lines shall be located within appropriate physical locations such as the tops of creek banks, at appropriate topographical changes (top or bottom of slopes, etc.) or at locations which clearly separate existing and proposed land uses.

7. Lot lines shall be contiguous with existing zoning boundaries.

8. The placement of lot lines shall not result in an existing accessory building or existing accessory use on a lot without a main building or primary use on the same lot.

9. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, open yard, floor area ratio, parking), nor increase the nonconformity of an existing nonconforming structure.

19.72.140 Access easement standards.

Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with all applicable objective zoning, subdivision, building, and fire standards required by this Municipal Code. these standards:

1. Vehicle access easements serving a maximum of two units shall meet the following standards:
a. Easement width shall be a minimum of 12 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure Agenda Item #10.1:

from the easement, or as needed to meet the driveway and parking standards in SMC Title 19.
b. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
c. No residential structure shall be closer than three feet to the vehicle access easement.
d. A minimum unobstructed clearance height of 15 feet shall be maintained above vehicle lanes and parking spaces.

2. Vehicle access easements serving three to four units shall meet the following standards:
a. Easement width shall be a minimum of 20 feet;
b. The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided;
c. No residential structure shall be closer than five feet to the easement; d. A minimum unobstructed clearance height of 15 feet shall be maintained above vehicle lanes and parking spaces.

3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required.

4. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
a. Easement width shall be a minimum of four feet.

5. Vehicle access easements shall not be located closer than 25 feet to an intersection.

6. Access and provisions for fire protection (including turnouts) consistent with the California Fire Code shall be provided for all structures served by an access easement.

7. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, and the parking design standards in Chapter 12.12this code.

Agenda Item #10.1:

19.72.150 Map requirements.

A. The content and form of an urban lot split parcel map shall meet all the requirements of Government Code Sections 66444 through 66450.

B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.

C. The parcel map shall indicate all private underground utility services and facilities, including gas, electricity, cable TV and telephone.

D. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.

E. The parcel map shall contain a declaration that:

1. Each lot created by the parcel map shall be used solely for residential dwellings;

2. No more than two new primary residential dwelling units may be permitted on each lot.

No new accessory dwelling units and no new junior accessory dwelling units in addition to two primary residential dwelling units are permitted on either lot;

3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant;

4. Parcels may not be further subdivided using the urban lot split provisions; and

5. No variances shall be permitted other than those code deviations expressly allowed by this Chapter and Chapter 19.41.

4. Each new dwelling unit permitted to be constructed on the lots must be rented to a lowincome household or owned by moderate-income households based upon the Sonoma County area median income levels, which said obligation is memorialized in a separate instrument to be recorded against the title of the lot.

19.72.160 Prohibition of further subdivision.

A lot created by a parcel map under this chapter shall not be further subdivided.

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SHARE THIS: Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals. (2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Agenda Item #10.1:

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.

This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state- mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

Agenda Item #10.1:

(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Agenda Item #10.1:

(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

Agenda Item #10.1:

(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

Agenda Item #10.1:

(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

Agenda Item #10.1:

SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.

However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or Agenda Item #10.1:

periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.

A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Agenda Item #10.1:

1 Senate Bill 9 Summary
Senate Bill 9 adds Government Code Sections 65851.21 and 66411.7 and amends Government Code Section 66452.6 (Subdivision Map Act). The provisions of SB 9 are effective beginning January 1, 2022.

Below is a summary of those provisions.

I. Government Code Section 65851.21 – Ministerial Two-Unit Developments Under SB 9, local agencies must approve in a ministerial process, without any discretionary review or hearing, certain two-unit developments. Two-unit developments are those that propose either the construction of no more than two new units, or the addition of one new unit to an existing unit.

To qualify for this ministerial process, the two-unit development must be proposed in a single-family residential zone. Other requirements that a project must satisfy to qualify for SB 9's benefits include:
• Location. The project must be in an urbanized area or urban cluster, or within a city with boundaries in an urbanized area or urban cluster, as those terms are defined by the U.S. Census Bureau. The project cannot be on a site designated as a local or state historic landmark or within a local or state historic district. The project may not be on prime agricultural land, wetlands, or protected species habitat, but may be in a high or very high fire severity hazard zone, earthquake fault zone, floodplain, floodway, and site with hazardous materials so long as certain mitigation measures (as outlined in Government Code Section 65913.4(a)(6)) have been implemented on those sites.
• Protected Units. The two-unit development may not result in the demolition or alteration of affordable housing, rent-controlled housing, housing that was withdrawn from the rental market in the last 15 years, or housing occupied by a tenant in the past 3 years. • Limit on Demolition. The project may not demolish more than 25 percent of the exterior walls of an existing unit unless either the local agency permits otherwise or the site has not been occupied by a tenant in the last 3 years.
• Residential Uses. Any units constructed via SB 9 must be used for residential purposes and cannot be used for short-term rentals of less than 30 days.

A project that meets these criteria and otherwise qualifies for the SB 9's ministerial process is exempt from the provisions of the California Environmental Quality Act, as is an ordinance implementing these provisions. However, the provisions of the California Coastal Act of 1976 are applicable to SB 9 two-unit developments, except that a local agency is not required to hold a public hearing for coastal development permit applications.

SB 9 provides narrow parameters for local agencies regarding the standards which they may apply to qualifying two-unit developments and the circumstances under which they may reject an otherwise qualifying two-unit development. As a general matter, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards, so long as those standards do not conflict with the limitations imposed by SB 9 and would not physically preclude the construction of up to two units of at least 800 square feet each. Other limitations in SB 9 include:
• Setbacks. A local agency may not require rear and side yard setbacks of more than four feet. No setback may be required for a unit constructed (1) within an existing living area, or (2) in the same location and to the same dimensions as an existing structure. • Parking Requirements. A local agency may only require one off-street parking space per unit.

No parking requirements may be imposed if the parcel is located within (1) one-half mile walking Association of Bay Area Governments
Agenda Item #10.1:

2 distance of either a statutorily defined high-quality transit corridor or major transit stop, or (2) one block of a car share vehicle.
• Adjacent or Connected Structures. A local agency may not deny an application for a two-unit development solely because it proposes adjacent or connected structures, as long as the structures meet building code safety standards and are sufficient to allow separate conveyance. • Percolation Test. For residential units connected to an onsite wastewater treatment system, the local agency may require a percolation test completed within the last 5 years, or if the percolation test has been recertified, within the last ten years.

SB 9 provides that a local agency may deny an otherwise qualifying two-unit development if the local building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, and there is no feasible method by which to satisfactorily mitigate the adverse impact.

II. Government Code Section 66411.7 – Ministerial Urban Lot Splits Under SB 9, local agencies must also ministerially approve, without discretionary review or hearing, certain urban lot splits. To qualify for ministerial approval under SB 9, the parcel to be split must be in a single-family residential zone, and the parcel map for the urban lot split must meet the following requirements:
• Location. The project must be in an urbanized area or urban cluster, or within a city with boundaries in an urbanized area or urban cluster, as those terms are defined by the U.S. Census Bureau. The project cannot be on the site of a designated local or state historic landmark or within a local or state historic district. The project may not be on prime agricultural land, wetlands, or protected species habitat, but may be in a high or very high fire severity hazard zone, earthquake fault zone, floodplain, floodway, and site with hazardous materials so long as certain mitigation measures (as outlined in Government Code Section 65913.4(a)(6)) have been implemented on those sites.
• Parcel Size. The parcel map must subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, with neither resulting parcel exceeding 60 percent of the lot area of the original parcel. Additionally, both newly created parcels must be at least 1,200 square feet (unless the local agency adopts a smaller lot size). • No Prior SB 9 Lot Split. The parcel to be split may not have been established through a prior SB 9 lot split. Neither the owner nor anyone acting in concert with the owner may have previously subdivided an adjacent parcel using an SB 9 lot split.
• Subdivision Map Requirements. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, except those that conflict with SB 9 requirements. • Protected Units. The urban lot split may not result in the demolition or alteration of affordable housing, rent-controlled housing, housing that was withdrawn from the rental market in the last 15 years, or housing occupied by a tenant in the past 3 years. • Owner-Occupancy Affidavit. The applicant must indicate, by affidavit, the applicant’s intention to reside in one of the units built on either parcel for at least three years. This requirement does not apply if the applicant is a qualified non-profit or community land trust. A local agency may not impose any additional owner occupancy requirements on units built on a SB 9 lot. • Residential Uses. Any units constructed on a parcel created through via SB 9 must be used for residential purposes and cannot be used for short-term rentals of less than 30 days.

Association of Bay Area Governments
Agenda Item #10.1:

3 A parcel map application for an urban lot split that meets these criteria and otherwise qualifies for the SB 9's ministerial process is exempt from the provisions of the California Environmental Quality Act, as is an ordinance implementing these provisions. The provisions of the California Coastal Act of 1976 are applicable to SB 9 urban lot splits, except that a local agency is not required to hold a public hearing for coastal development permit applications.

As with two-unit developments under SB 9, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards to an SB 9 urban lot split, so long as those standards do not conflict with the limitations imposed by SB 9 and would not physically preclude the construction of up to two units of at least 800 square feet each. Other limitations in SB 9 include:
• Setbacks. A local agency may not require rear and side yard setbacks of more than four feet. No setback may be required for a unit constructed (1) within an existing living area, or (2) in the same location and to the same dimensions as an existing structure. • Parking Requirements. A local agency may only require one off-street parking space per unit.

No parking requirements may be imposed if the parcel is located within (1) one-half mile walking distance of either a statutorily defined high-quality transit corridor or major transit stop, or (2) one block of a car share vehicle.
• Easements, Access, and Dedications. A local agency may require an application for a parcel map for an urban lot split to include easements necessary for the provision of public services and facilities. The local agency may also require that the resulting parcels have access to, provide access to, or adjoin the public right-of-way. The local agency may not require dedications of rights-of-way or construction of offsite improvements.
• Number of Units; ADUs and JADUs. Notwithstanding the provisions of Government Code Sections 65852.1, 65852.21, 65852.22, and 65915, a local agency is not required to permit more than two units on any parcel created through the authority in SB 9, inclusive of any accessory dwelling units or junior accessory dwelling units.
• Adjacent or Connected Structures. A local agency may not deny an application for an urban lot split solely because it proposes adjacent or connected structures, as long as the structures meet building code safety standards and are sufficient to allow separate conveyance.

The standard for denying an application for a parcel map for an urban lot split is the same as for denying an SB 9 two-unit development – the local building official must make a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety, or the physical environment, and there is no feasible method by which to satisfactorily mitigate the adverse impact.

III. Government Code Section 66452.6 – Subdivision Map Act Amendment Currently, an approved or conditionally approved tentative map expires either 24 months after its approval, or after any additional period permitted by local ordinance, not to exceed an additional 12 months. SB 9 extends the limit on the additional period that may be provided by local ordinance from 12 to 24 months.

Where local agencies adopt this change by ordinance, an approved or conditionally approved tentative map would expire up to 48 months after its approval if it received a 24-month extension of approval.

Association of Bay Area Governments
Agenda Item #10.1:

1 Senate Bill 9 – Ministerial Urban Lot Splits & Two-Unit Developments Frequently Asked Questions (FAQ)
Updated June 29, 2022
DISCLAIMER: This document is intended to provide general information and does not constitute legal advice. Additional facts, facts specific to a particular situation, or future developments may affect the subjects discussed in this FAQ. Seek the advice of your attorney before acting or relying upon the following information.

BASICS

1. Q: When does SB 9 go into effect?
A: January 1, 2022.

2. Q: What is the definition of an urbanized area or urban cluster? A: As defined by the U.S. Census Bureau, an urbanized area is an area with 50,000 or more persons, and an urban cluster is an area with at least 2,500 people, but less than 50,000 people. Maps of urbanized areas and urban clusters can be found on the official U.S. Census Bureau website.

3. Q: Can you use SB 9 in zones that allow single-family development but are zoned primarily for multi-family or mixed-use development? A: No. The language of the statute is clear that it applies only to parcels in singlefamily residential zones. Since the intent of the legislation was to upzone or densify areas where only single-family development is currently permitted, it would not serve the purposes of the legislation for it to apply in areas where multi-family or denser uses are already permitted. SB 9 also does not apply to a parcel that is currently developed with a single-family home, if that parcel is located in anything other than a single-family residential zone.

The California Department of Housing and Community Development (HCD) recently published “SB 9 Fact Sheet: On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)” (“HCD SB 9 Fact Sheet”). The HCD SB 9 Fact Sheet states: “The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use.”

4. Q: Does SB 9 apply to homeowners’ associations (HOAs)? A: SB 9 overrides local zoning only. It does not address rules or restrictions implemented and adopted by homeowners’ associations or included in CC&Rs Association of Bay Area Governments
Agenda Item #10.1:

2 (covenants, conditions, and restrictions).

5. Q: Is a lot eligible for an SB 9 lot split if it was split before SB 9? A: Yes. The language of SB 9 only prohibits an applicant from using SB 9 to subdivide a lot if it was previously split using the authority contained in SB 9. Even after using SB 9, the lot could be further split using ordinary procedures under the Subdivision Map Act and local subdivision ordinance subject to minimum lot size and other requirements that apply to the parcel.

6. Q: Is the restriction on the demolition of 25% of the exterior walls of the building only applicable to deed-restricted affordable units? A: No. This restriction applies to all units unless (1) the city adopts an ordinance allowing for demolition of more than 25% of the exterior walls of an existing structure, or (2) a tenant has not resided on the property in the last three (3) years.

7. Q: How do you verify that existing housing has not been rented in the last 3 years?
A: SB 9 does not provide an explicit mechanism for determining whether existing housing has been rented in the last three years. Given that, this is an issue that local agencies will want to address in an implementing ordinance or in their application procedures. Some approaches might include:
• In jurisdictions with existing records of rental properties, which may include business licenses, rent control registries, or inspection records, using data from the local records to be cross-referenced upon submission of an SB 9 application;
• Requiring applicants to sign a declaration under penalty of perjury; and/or • Providing that it is a violation of the Municipal Code or allowing a private cause of action if inaccurate information is submitted.

8. Q: When the provisions of SB 9 are unclear, can we seek clarification from the Department of Housing and Community Development?

9. A: Unlike other recent state laws, such as SB 35 or SB 330, SB 9 does not include any provisions requiring HCD to issue guidelines for the implementation of SB 9.

However, as mentioned above, HCD did recently release an SB 9 Fact Sheet. The HCD SB 9 Fact Sheet states, in relevant part, that it is “for informational purposes only and is not intended to implement or interpret SB 9.”

INTERSECTION WITH OTHER LAWS

10. Q: How does the state Density Bonus Law apply to the 4-unit scenario? Association of Bay Area Governments
Agenda Item #10.1:

3 A: State Density Bonus Law would not be applicable to SB 9 projects. Government Code Section 65915(i) defines “housing development project,” for the purposes of state density bonus, as “a development project for five or more residential units.” SB 9 covers up to four units total on two contiguous lots. Additionally, the urban lot split section states specifically that local agencies are not required to allow more than the maximum of two units on each lot notwithstanding any provision of density bonus law.

11. Q: How do SB 9 urban lot splits relate to the Subdivision Map Act and the fact that the Subdivision Map Act requires general plan conformance? A: The language in SB 9 overrides any conflicting provisions of the Subdivision Map Act. Specifically, Government Code Section 66411.7(b)(2) provides that “[a] local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act…, except as otherwise expressly provided in this section.” General Plan and specific plan conformance is not required if it would preclude lot splits mandated by SB 9.

12. Q: Do minimum frontage requirements apply to restrict lot subdivision? A: Minimum frontage requirements continue to apply unless the requirements would physically preclude the lot split or the construction of two units of at least 800 square feet each. However, SB 9 does allow local agencies to require the resulting parcels to have access to, provide access to, or adjoin the public right-ofway.

13. Q: How does the Permit Streamlining Act apply if these are ministerial actions?
A: SB 8, also effective January 1, 2022, extends the requirements of the Permit Streamlining Act to housing projects of one unit or more that require no discretionary approvals. As a consequence, SB 9 projects are subject to the Permit Streamlining Act’s requirements for completeness letters (within 30 days of submittal) and approval deadlines (within 60 days of determining that the project is exempt from CEQA).

QUANTITY/ACCESSORY DWELLING UNITS

14. Q: SB 9 states that “[a] housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to an existing unit.” Why are some people saying that you can add two new units to a parcel with an existing single-family home?
A: As the question states, Government Code Section 65852.21(i) provides that a development contains two residential units if “the development proposes no more than Association of Bay Area Governments
Agenda Item #10.1:

4 two new units or if it proposes to add one new unit to one existing unit.” This could be interpreted to mean that the statute applies to a two-unit proposal even if those units are proposed for a lot already containing a unit. While the urban lot split section (Government Code Section 66411.7) clearly allows local agencies to limit total development to two units per lot, including existing units, ADUs, and JADUs, the same language is not present in the two-unit development section. The Legislature’s intent regarding a two-unit development on a single lot is not clear. It may be possible for an applicant who only uses the two-unit development provisions, but not the urban lot split provisions, to have more than two units on the lot.

15. Q: Does SB 9 prohibit ADUs with an urban lot split, or can jurisdictions disallow ADUs with an urban lot split?
A: SB 9 does not prohibit accessory dwelling units or junior accessory dwelling units on lots created by an urban lot split. Under SB 9 a local agency “shall not be required to approve” more than two units (including ADUs and JADUs) on a lot created via an SB 9 lot split. Agencies may also prohibit ADUs and JADUs on parcels created by urban lot splits that use the two-unit provision. Given this language, local agencies could choose to limit development on lots created by an urban lot split to two primary units each via adoption of an SB 9 implementing ordinance.

16. Q: Are the two new SB 9 units entitled to an ADU or JADU? A: If the two new SB 9 units are not located on a lot created via the urban lot split provision, then ADUs and JADUs are allowed as under existing law. ADU law provides additional guidance about the number of ADUs and JADUs that may be constructed on a parcel depending on the type of existing units (e.g. single-family or multi-family) on the parcel. If the applicant used both the SB 9 lot split provisions and the SB 9 two-unit development provisions, then a local ordinance can limit total development to two units per lot, including ADUs and JADUs, or could choose to allow only two primary units on each lot.

17. Q: If there is an existing four-unit building on a parcel in a single-family residential zone, can an applicant still add a duplex?
A: The existing four-unit building would already be a non-conforming use in a singlefamily zone. Depending on the jurisdiction’s non-conforming use policies, the nonconforming structure may need to be removed if the applicant wishes to add a duplex.

However, the urban lot split provision (section 66411.7(i)) prohibits requiring correction of nonconforming zoning conditions for urban lot splits. Nonetheless, the agency can require that no more than two units be located on each lot.

18. Q: Does SB 9 allow an applicant to use the duplex entitlements to build a single unit “monster home” and get around non-objective single-family design guidelines? Association of Bay Area Governments
Agenda Item #10.1:

5 A: Probably, yes. Section 65852.21(a) states, “A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing….” Later in the section, in paragraph (i), it also states “[a] housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.” Although it is not clear whether the legislature intended to include single-family home development, the “no more than two units” language in SB 9 could be interpreted to cover development projects proposing to construct one single-family home. The HCD SB 9 Fact Sheet states: “SB 9 requires ministerial approval of either one or two residential units.”

19. Q: Are the new units created via the authority in SB 9 condominiums? Does SB 9 facilitate ministerial condominium conversions? Does SB 9 allow for condominium conversion of existing duplexes?
A: SB 9 does not amend laws regarding condominiums. SB 9 does not allow denial of attached units so long as their design and construction allow them to be “separately conveyed,” i.e., sold separately as condominiums may be sold. New units created via the authority in SB 9 may be approved as condominiums if the applicant asks for that approval, but the application would need to meet state and local law concerning condominiums. A jurisdiction’s regular condominium conversion process would also continue to apply.

OBJECTIVE STANDARDS

20. Q: Can the applicant seek variances from zoning requirements? A: SB 9 provides that a local agency may apply its objective zoning standards so long as they do not physically preclude the construction of two units of at least 800 square feet each. In that situation, the applicant does not need to apply for a variance.

However, if the applicant desires to construct a larger unit which does not meet the agency’s zoning standards, it could be denied under SB 9, or the applicant could apply for a variance.

21. Q: My understanding is that SB 330 requires only objective design standards for design standards adopted after Jan 1, 2020, is this the same for SB 9? A: SB 330 would apply to an SB 9 implementing ordinance, so any design standards adopted must be objective.

22. Q: For purposes of a duplex, can jurisdictions adopt an objective standard that says the units have to be within, for example, 10 feet of each other? A: Yes, a city could adopt this as an objective standard. However, if the standard or Association of Bay Area Governments
Agenda Item #10.1:

6 requirement would physically preclude the construction of two units or the construction of a unit that is at least 800 square feet, then it cannot be applied to the specific project.

Also note that section 66411.7(k) provides that an urban lot split “shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.”

23. Q: Is there a street frontage or lot width requirement for ministerial lot splits? A: SB 9 does not contain street frontage or lot width requirements. A local agency may apply an objective frontage or lot width requirement. It must, however, allow lot splits that create lots that are at least 1,200 square feet each where both lots are of approximately equal size. This likely means that the local agency may not be able to apply its minimum lot dimensions or frontage requirements to some urban lot splits.

24. Q: Is the 4-foot setback provision similar to that for ADUs? A: Yes. A local agency can always impose 4-foot rear and side setbacks, unless the structure is in the same location and with the same dimensions as an existing structure.

The HCD SB 9 Fact Sheet states: “SB 9 establishes an across-the-board maximum fourfoot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s).

Additionally, the four-foot side and rear setback standards are not subject to modification.”

25. Q:Does the right of way dedication provision require cities to allow for flag lots, provided they meet the 60-40 split?
A: The agency may require the parcel to have access to, provide access to, or adjoin a public right of way but must allow the lot split. Where a parcel does not front on a public right of way, the options are to allow a flag lot or to provide access to the public right-ofway via an easement through the other lot.

26. Q: Could a jurisdiction define “sufficient to allow separate conveyance” to require separate HVAC systems and separate water connection to meet Title 24 requirements?
A: Yes. Title 24 is a state law requirement. Therefore, compliance can be mandated assuming that Title 24 requires separate HVAC systems and water connections for units that are separately conveyed.

27. Q: If a jurisdiction doesn’t require “dedications” but a property owner wants to put in some improvements in the right-of-way, could the jurisdiction require that those meet the jurisdiction’s standards for right of way improvements? Association of Bay Area Governments
Agenda Item #10.1:

7 A: If an applicant includes improvements to the public right of way in its SB 9 application, the jurisdiction can require that those improvements meet objective agency standards.

28. Q: Does the requirement for one parking space/unit supersede other local minimum parking requirements? For example, if local parking standards require two covered spaces per residential unit and additional parking spaces tied to additional bedrooms.

A: Yes, SB 9 supersedes local standards. A local agency “may require” off-street parking of up to one space per unit, and “shall not impose” parking requirements where the parcel is located within one-half mile walking distance of either a high-quality transit corridor or major transit stop, or where there is a car share vehicle located within one block of the parcel.

29. Q: May a jurisdiction apply its usual design standards for parking spaces to units created via SB 9?
A: Yes, a jurisdiction may apply its usual standards where parking spaces are required, such as standards for length, width, covered or uncovered. However, if the standards preclude the development of two 800 sq. ft. units, they may need to be waived or modified.

30. Q: Can a jurisdiction impose affordability requirements on units created via SB 9? A: There is nothing in the statute that would prohibit the imposition of objective affordability requirements. However, agencies should examine the economic feasibility of any affordability requirements to ensure that urban lot splits and two-unit developments remain economically feasible.

31. Q: Can a local jurisdiction impose conditions of approval on an SB 9 project? A: A jurisdiction may impose standard objective conditions of approval on an SB 9 project.

FIRE/INFRASTRUCTURE CHALLENGES

32. Q: Is it true that SB 9 cannot be used in high fire hazard severity zones? A: No. SB 9 provides that any proposed two-unit development or urban lot split must comply with the requirements of Government Code Section 65913.4(a)(6)(D), which excludes projects in high or very high fire hazard severity zones, unless either: (1) the site was excluded from the zone by the jurisdiction; or (2) the site has adopted fire hazard mitigation measures “pursuant to existing building standards or state fire mitigation measures applicable to the development.” “Fire hazard mitigation measures” and “state fire mitigation measures” are not defined. A local ordinance could specify which Association of Bay Area Governments
Agenda Item #10.1:

8 “building standards” apply or reference the appropriate “state fire mitigation measures.” An agency may also reject SB 9 proposals on a case-by-case basis where the local building official makes a written finding that the project would have a specific, adverse impact on public health and safety or the physical environment, based on inconsistency with an objective standard, and there is no feasible method to satisfactorily mitigate or avoid the impact.

33. Q: X County has some areas that are identified as “urban” or “urban clusters” and could be a qualifying parcel under SB 9. However, those areas do not have access to water or sewer connections and may have to expand an existing leach field and utilize other water sources. If the applicant cannot demonstrate that they can build what’s allowed under SB 9 with a wastewater treatment system and water source that meets Environmental Health Codes, would the County be able to deny them their application?
A: Yes. In this scenario, the county could deny the application because it would not meet objective standards. The building official could also likely make a finding 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 satisfactorily mitigate or avoid specific impact.

34. Q: If a jurisdiction has substandard existing sewer infrastructure, can those areas of the jurisdiction be excluded from SB 9 applicability?
A: The local agency likely could not outright exclude those areas from SB 9 applicability.

However, if projects are proposed in these areas, the local building official could deny the application if it would have a specific, adverse impact on public health and safety or the physical environment, by violating an existing objective standard, with no feasible method to satisfactorily mitigate or avoid the impact.

35. Q: Can a jurisdiction prohibit someone from creating a new unit in an existing structure that would be below the Base Flood Elevation? A: To qualify for ministerial approval, SB 9 provides that an applicant must comply with all the requirements in Government Code Section 65913.4(a)(6)(B)-(K). Subparagraphs (G) and (H) exclude development within a flood plain or floodway, respectively, as those sites are determined by maps promulgated by FEMA. However, subparagraphs (G) and (H) also allow development in a flood plain where FEMA has issued a flood plain development permit or meet FEMA criteria and allow development in a floodway where a no-rise certification has been issued or the project otherwise meets FEMA criteria. If these mitigation requirements are met, then it may be possible for the new unit to be built below Base Flood Elevation. Agencies should refer to the text of the statute.

Association of Bay Area Governments
Agenda Item #10.1:

9 URBAN LOT SPLITS

36. Q: Would the “sufficient to allow separate conveyance” provision allow someone to build an attached duplex but then sell them as two separate lots with their own yard?
A: “Sufficient to allow separate conveyance” is not defined in the statute. However, “separate conveyance” means that the units can be sold separately. This phrase would seem to require that each unit be built to condominium standards so that they can be sold separately if the local agency approves a condominium application. Agencies may wish to define this in their local ordinances.

37. Q: Should agencies record a deed restriction stating that the lot has been split using SB 9 and cannot be split further?
A: This is not specifically addressed by SB 9. Two possibilities are a recorded deed restriction and a notation on the approved parcel map. It would be good practice for local agencies to include such a requirement in their implementing ordinances.

REPORTING REQUIREMENTS/HOUSING ELEMENT

38. Q: How do jurisdictions account for SB 9 in Housing Elements? A: SB 9 requires jurisdictions to report (1) the number of units constructed pursuant to SB 9 and (2) the number of applications for parcel maps for urban lot splits under SB 9 in their annual housing element report. SB 9 itself does not include any reference to housing elements.

The HCD SB 9 Fact Sheet states: “To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees, and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establishing zoning an development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9.”

39. Q: What can be included in a sites inventory?
A: There is nothing in SB 9 that prohibits a jurisdiction from using SB 9-eligible parcels in their sites inventory, but there would be limited history to project how many units Association of Bay Area Governments
Agenda Item #10.1:

10 might be built and what income levels might be served.

40. Q: Could cities use the Terner Center’s findings to project above moderate- and moderate-income housing in their Housing Elements?
A: This may be a reasonable approach. It is not known if HCD will accept it, however.

Association of Bay Area Governments
Agenda Item #10.1:

California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022
Agenda Item #10.1:

California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.

Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.

Single-Family Residential Zones Only (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.

Agenda Item #10.1:

California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.

Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.

Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:

Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.

The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or Agenda Item #10.1:

California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the development of the project, with the following two exceptions:

Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).

Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)
Agenda Item #10.1:

California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation easements. SB 9 incorporates by reference these environmental site constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.

Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.

California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years.

Agenda Item #10.1:

California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenarios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.

Primary Unit. A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a residential unit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.

Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Agenda Item #10.1:

California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.

Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.

Lot Split. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.

No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.

See HCD’s ADU and JADU webpage for more information and resources.

Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.

Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees, Agenda Item #10.1: