Senate Bill (SB) 9
Requirements & Ordinance
Modifications
Amber Blizinski, Principal Planner
City Council
January 4, 2022
2City of Sunnyvale – Senate Bill 9 Changes – January 2022 Major Requirements
Senate Bill 9
• On most single-family parcels, SB 9 allows:
Dual Urban Opportunity (DUO) unit(s)
Urban Lot Splits (ULS)
Objective Standards must allow new DUO unit(s):
• At least 800 sq. ft.
• Minimum 4-foot side and rear yard setbacks
Smaller setback if replacing existing permitted structure 3City of Sunnyvale – Senate Bill 9 Changes – January 2022 In all instances, the total max units/original lot = 4
Maximum Number of Units
No Lot Split
w/ Lot Split
JADU
4City of Sunnyvale – Senate Bill 9 Changes – January 2022 Title 19 (Zoning) & Title 18 (Subdivisions)
Summary of Ordinance Changes
1. New Chapter 18.26 (Urban Lot Splits)
2. New Chapter 19.78 (Dual Urban Opportunity Housing)
3. Updates to Related Title 19 (Zoning) Standards
5City of Sunnyvale – Senate Bill 9 Changes – January 2022 Title 18 (Subdivisions)
Creation of Chapter 18.26
Urban Lot Splits
• Introduces & defines ULS
• Details criteria for when ULS is allowed
• Specifies minimum lot size standards
• Lists objective subdivision standards
• Explains application process (ministerial)
Tentative Map & Final Map
6City of Sunnyvale – Senate Bill 9 Changes – January 2022 Process, Procedures, Development Standards
Creation of Chapter 19.78
Dual Urban Opportunity Housing
• Introduce DUO Units & allowed zoning districts
• Establish 45% maximum FAR for DUO development
50%, if findings met
• Establish lot minimum dimensions (w/ULS):
10’ for flag lot “poles” (access to right-of-way)
40’ dimension in either width or depth on all new lots • Limits paved surfaces in required front yard
7City of Sunnyvale – Senate Bill 9 Changes – January 2022 Objective Development & Design Standards
Creation of Chapter 19.78
Dual Urban Opportunity Housing (Continued)
• Establish objective front yard 2nd story setback req. • Create objective design standards in 4 categories:
Architectural Style
Height & Massing
Frontage appearance
Privacy
• Set requirement that prohibits short-term rentals for new DUO unit(s)
8City of Sunnyvale – Senate Bill 9 Changes – January 2022 Title 19 (Zoning)
Updates to Related Title 19 Standards
• DUO development added to Permitted Use Tables
• “Gross Floor Area – Single-family Residential Uses”
definition amended
Specifically states that patio covers are included
Excludes the first 800 sq. ft. of an ADU
• Explains application process (ministerial)
Miscellaneous Plan Permit (Building Permit also req.) Gives right to appeal ONLY to project applicant
9City of Sunnyvale – Senate Bill 9 Changes – January 2022 Title 19 (Zoning)
Updates to Related Title 19 Standards Cont.
• States that ADUs are not allowed on ULS parcels if
two dwellings/lot are proposed/existing
• Other minor amendments
10City of Sunnyvale – Senate Bill 9 Changes – January 2022 A. Appeal rights
B. Maximum FAR for DUO development
C. FAR threshold for Single-family Design Review
D. R-2 Zoning District
E. Parking
F. Owner Occupancy Requirements
G. 800 sq. ft. ADU in gross floor area calculation
Options to Consider
11City of Sunnyvale – Senate Bill 9 Changes – January 2022 Considerations
Recommendation
• Adopt Urgency and Regular Ordinances Related to New
State Legislation (SB 9) and find exempt from CEQA
• Adopt the Ordinances with Modifications
• Do not Adopt Ordinances and Rely on State Legislation Staff & Planning Commission Recommendation
• Adopt Urgency and Regular Ordinances Related to New
State Legislation (SB 9) and find exempt from CEQA
Questions?