DRAFT
City of Visalia Community Development Department
SENATE BILL 9 IMPLEMENTATION POLICY
December 20, 2021
Senate Bill 9 was signed into law by Governor Gavin Newsom on September 16, 2021 and became effective on January 1, 2022. The legislation created a state-mandated local program aimed at increasing housing production and range of dwelling unit types.
SB 9 requires ministerial approval of up to two units on lots in Single Family Residential zones (duplex or second unit). SB 9 also allows lot splits “by right” in Single Family Residential zones (designated “urban lot split”). The minimum lot size in Visalia for a single family lot is 5,000 sf, while under SB 9, it can be as small as 1,200 sf. By these provisions, SB 9 permits a maximum of 4 dwelling units on the original single family lot (2 on each parcel). ( Note: Prior to SB 9, state law allowed 3 units per single family lot: main house, accessory dwelling unit, junior accessory dwelling unit.) SB 9 is directed at parcels located in a single family zone. In Visalia, the affected zoning districts are R-1- 5, R-1-12.5, and R-1-20. Regardless of zoning, SB 9 provisions cannot be implemented in a Historic District or on a state or locally designated Historic Property. (Visalia currently has four Historic Districts containing 768 properties, and 86 local historic register properties outside Historic Districts.) It is important to note that SB 9 authorizes to City to impose “objective zoning standards, objective subdivision standards and objective design review standards” unless the standards will physically preclude the construction of up to 2 units or physically preclude either of the two units from being at least 800 square feet in floor area, or conflict with other technical provisions of SB 9. The term “objective standards” refers to standards that involve no personal or subjective judgement by a public official and are established in a reference document (such as oning or subdivision ordinance) accessible to the public. In other words, the City may apply established development standards so long as they do not conflict with the provisions of SB 9 and are available for verification in a reference document readily accessible by the general public.
Residential Dwelling Units authorized by SB 9
A local agency must ministerially approve up to two (2) dwelling units on an existing parcel, or parcel created pursuant to SB 9, in Single Family Residential zones subject to the following:
• A “dwelling unit” includes, but is not limited to, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit, subject to the requirements of SB 9. • With an Urban Lot Split, SB 9 permits a maximum of 4 dwelling units on the original single family lot (2 on each parcel created by the urban lot split).
• City standards for parcels created by urban lot splits must not physically preclude either of the two potential dwelling units from being at least 800 square feet in floor area. • Minimum setbacks for dwelling units constructed pursuant to SB 9 shall be four feet (4’) from the side and rear lot lines. No setback shall be required for an existing structure or a structure constructed in the same location and in the same dimensions as an existing structure (replacement structure).
• Off street parking may be required under SB 9 up to one space per unit, with certain exceptions.
For Visalia, the most pertinent exception pertains to location within ½ mile of a “High Quality Transit Corridor”, wherein the City cannot require off street parking spaces for residential units being developed via SB 9. Visalia has one High Quality Transit Corridor: Route 1 – Mooney Boulevard/Main Street.
• Rental of any dwelling unit created pursuant to SB 9 must be for a term longer than 30 days. • The City may deny a proposed SB 9 housing development project if the Building Official makes a written finding, based on the 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 for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Urban Lot Splits pursuant to SB 9
Urban lot splits are authorized by and subject to the provisions of SB 9. These provisions include, but are not limited, to the following:
• Following an urban lot split, both newly created parcels must each be a minimum of 1,200 SF in size.
• The new parcels shall have approximately equal lot area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. • The lot split cannot result in the demolition or alteration of a housing unit currently serving moderate, low, or very low income household(s), or classified as a rent controlled unit. • The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last 3 years.
• The City must require an affidavit from the applicant which states that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.
• The parcel proposed for an urban lot split cannot have been created by a previous SB 9 urban lot split.
• Uses on a lot created by an urban lot split shall be limited to residential uses. • The owner of the parcel being subdivided or another party acting in concert with the owner cannot perform an urban lot split on an adjacent parcel. • Urban lot splits proposed pursuant to SB 9 must be approved ministerially (no public hearing or discretionary approval) and are exempt from CEQA.
• The City may not impose regulations or conditions to a parcel map that require dedications of right of way or construction of off-site improvements for an urban lot split. • The City may 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. • The City shall require conditions for a parcel map for an urban lot split including, but not limited to, the following:
o Easements required for the provision of public services and facilities. o A requirement that the parcels have access to, provide access to, or adjoin the public right of way.
o Off-street parking shall be provided at a ratio of one space per dwelling unit, except that dwelling units located within ½ mile of Visalia Route 1, a designated High Quality Transit Corridor, (or other parking exceptions listed in SB 9) shall have no off street parking requirement.
o Uses allowed on a lot created by an urban lot split be limited to residential uses. o The rental of any dwelling unit created by the urban lot split shall be for a term longer than 30 days.
o The applicant shall execute an affidavit, in a form approved by the City of Visalia, which states that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of their urban lot split. o Side and rear yard setbacks for dwelling units constructed on parcels created by the urban lot split shall be a minimum of four feet (4’).
o Dwelling units constructed on the parcels created by the urban lot split shall be a minimum of 800 square feet in floor area.
Urban Lot Split procedure:
1. An urban lot split shall follow the procedures established in the Visalia Municipal Code for the processing of parcel maps (VMC Chapter 16.28), except that no Planning Commission review shall be required. The tentative parcel map shall be reviewed by the Site Plan Review Committee pursuant to Section 16.28.030 and the Committee shall be the decision making body to ministerially approve or deny the tentative parcel map.
2. Persons requesting urban lot splits shall be required to submit a tentative parcel map application to the City for review through the Site Plan Review process (VMC Chapter 17.28) for consideration by the Site Plan Review Committee.
3. The form and content of the tentative parcel map shall be as described in VMC Section
16.28.050.
4. The Site Plan Review Committee shall limit its review and approval of an urban lot split to a determination of whether the parcels resulting from the urban lot split will conform to building ordinances and the provisions of Senate Bill 9. The Site Plan Review Committee may apply objective zoning, subdivision and design review standards established by the City of Visalia in reference documents that are available and knowable by the development applicant prior to submittal and do not conflict with the provisions of SB 9.
5. If the applicant is dissatisfied with the decision of the Site Plan Review Committee, they may appeal the decision in the manner prescribed in VMC Section 17.28.050.
6. Following approval by the Site Plan Review Committee, the tentative parcel map application may proceed to the final map stage. The applicant for the urban lot split shall deliver a final parcel map to the City Engineer and Community Development Director as prescribed in VMC Section 16.28.120. At the time of submitting the final map, the applicant shall pay the final map filing fee as established by the City Council
7. The time limit for a tentative parcel map for an urban lot split shall follow the limit established under VMC Section 16.28.090. Provisions for extending the time limit on an urban lot split shall follow the provisions for tentative parcel maps under VMC Section 16.28.090.
Attachment: Senate Bill 9