Senate Bill 9 Work Session
Visalia City Council, January 31, 2022
1 2
Senate Bill 9 Overview
SB 9 was signed by the Governor on September 16, 2021, and became law on January 1, 2022 The legislation creates a state-mandated local program aimed at increasing housing production and range of unit types
3 Senate Bill 9 Overview
SB 9 requires ministerial approval of up to two units in Single Family Residential Zones (duplex or second unit) SB 9 also allows lot splits “by right” in Single Family Residential zones (urban lot split) The minimum lots size in Visalia for a single-family lot is 5,000 square feet Under SB 9, it can be as small as 1,200 square feet
SB 9 permits a maximum 4 dwelling units on original lot (2 on each parcel) Pervious law allowed 3 units per lot (main house, ADU, JADU)
4 SB 9 - Location
Must be located in a single-family residential zone.
Visalia has three sub-zones: R-1-5, R-1-12.5, R-1-20
Cannot not be in a Historic District or be a Historic Property.
Visalia has four Historic Districts containing 678 properties Visalia has 86 local register properties outside districts If the parcel is located within ½ mile of a high–quality transit corridor, the City cannot require parking spaces for each residential unit Visalia has one: Route 1 - Mooney Boulevard / Main Street
5 SB 9 – Standards
Following lot split, the new parcel must minimum 1,200 square feet; A parcel resulting from a lot split cannot be smaller than 40% of the lot area of the original parcel; The City cannot impose any standards precluding the construction of up to two units, each having at least 800 sq. ft. in floor area; A side and rear yard setback cannot be less than 4’;
No setback is required from the existing structure;
City can require one (1) off-street parking space per unit
6 SB 9 – Displacement / Income / Rent
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 a rent-controlled unit; Cannot demolish housing that is subject to rent or price control; The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last three years, or a unit subjected to the Ellis Act within the last 15 years;
7 SB 9 - Overdevelopment
The City must require an affidavit stating an applicant intends to occupy one of the housing units as their principal residence for minimum 3 years from the date of the urban lot split; A parcel cannot be created from a previous SB 9 lot split; The same applicant cannot perform a lot split on adjacent lots.
Typical Mid-AgeResidential LotLot Size: 8,400 sf 70’ x 120’Side yards: 5 and 15 ft 8 Public Street
Drawing Credit: City of Calabasas
5ft.
15ft.
Jr. ADU
Current ADU LAW allows:
A Junior ADU (500 sf max), and
A Freestanding ADU
(1,200 sf max)
A Total Of 3 Units
9 Public Street
New ADU
Drawing Credit: City of Calabasas
SB 9 will allow:
A Lot Split
- 40% min. of the original lot w/no setback required
to the original home
On an 8,400 sf lot
60% = 5,040 sf
40% = 3,360 sf
10 Public Street
40%
60%
Drawing Credit: City of Calabasas
SB 9 will allow:
A Lot Split
A New Home
- 4 ft side and rear yard setback
11 Public Street
New Home
Drawing Credit: City of Calabasas
SB 9 will allow:
A Lot Split
A New Home
- 4 ft side and rear yard setback
Second unit or ADU
12 Public Street
New Home
2nd Unit
Drawing Credit: City of Calabasas
SB 9 will allow:
A Lot Split
A New Home
- 4 ft side and rear yard setback
A Second unit or ADU
A Second unit or ADU on the parcel of the original home A Total Of 4 Units
New Home w/ 1 Car Garage
2nd Unit
2nd Unit
13 Public Street
Drawing Credit: City of Calabasas
17 SB 9 will allow:
A Total Of 4 Units
New Home
2nd Unit
Current ADU Law allows:
A Total Of 3 Units
2nd Unit
Public Street
Public Street
SB9
ADU
Jr. ADU
ADU
Drawing Credit: City of Calabasas
18 SB 9 will allow:
A Total Of 4 Units
New Home
2nd Unit
Current ADU Law allows:
A Total Of 3 Units
ADU
SB9
ADU
Jr. ADU
2nd Unit
Public Street
Public Street
For a Primary Residence with ADU Garage Conversion…
Drawing Credit: City of Calabasas
Protections Within SB 9
A lot that is split under SB 9 cannot be split again;
The City may impose objective zoning, subdivision and design standards, provided that the standards do not preclude the construction of two 800 sq. ft. minimum units; The City can require one off-street parking space per unit:
Most interior lot homes in Visalia will not have the required side yard clearance for driveway access No additional ADUs or JADUs can be permitted on parcels that utilize both the “second unit” and “urban lot split” provisions 19 SB 9 Site Challenges:
20 ft. min. drive width
vs. 5ft.-15ft. avg. side yard
New Home w/ garage or parking space
2nd Unit w/ space
Driveway
Public Street
20 Drawing Credit: City of Calabasas
SB9 limits demolition of the existing home
if the home is rented in the last three years
Driveway
5ft.
NO SB9 Lot Split Possible
Without Driveway Access
Public Street
21 Max 25% demo
If rented in
last 3 years
Drawing Credit: City of Calabasas
SB9 permits full demo of existing home,
if the home is not rented in the last three years
Driveway
New Home w/ 1 car garage
Public Street
2nd Unit
New Home w/ 1
car garage
2nd Unit
22 New Home w/ garage or parking space
2nd Unit w/ space
Drawing Credit: City of Calabasas
Public Street
A property with two points of access to the public street 15ft.
5ft.
ADU
Public Street
23 New Home w/ garage or parking space
2nd Unit w/ space
Drawing Credit: City of Calabasas
21 Anticipated SB 9 Impacts
How many properties will densify as a result of this bill? Factors to consider:
Financial constraints, small lot sizes, amount of land not encumbered by improvements, mature oak trees on site, eligibility Issues:
Assignment of address numbers, infrastructure demands & capacity
22 Next Steps
Monitor interest in Visalia and surrounding jurisdictions Implement City’s internal Implementation Policy
Develop a checklist to supplement urban lot split applications Consider objective standards to reduce impacts from SB 9 Zone Text Amendment and/or Urgency Ordinance
23 Objective Standards
Height limits in rear yard of original property
Front yard & garage setback applicable to all lots
Increase side & rear yard setback from 4’ to 5’
Require one on-site covered parking space with driveway access Require refuse storage area concealed from view
Clarify code language on easements
Covenant agreeing to no short-term rental and 3-year owner occupancy
24 Discussion
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