Report to Mayor and City Council
Tuesday, March 15, 2022
Discussion
SUBJECT:
Title
CONSIDER ADOPTING AN URGENCY ORDINANCE NO. 22-2204U ESTABLISHING REGULATIONS FOR SECOND PRIMARY UNITS, TWO-UNIT DEVELOPMENTS, AND URBAN LOT SPLITS UNDER SENATE BILL 9; CONSIDER DIRECTING STAFF TO PREPARE A REGULAR ORDINANCE AMENDMENT TO ADOPT REGULATIONS FOR SECOND PRIMARY UNITS, TWO-UNIT DEVELOPMENTS, AND URBAN LOT SPLITS UNDER SENATE BILL 9, AND TO UPDATE CITY ORDINANCES REGULATING ACCESSORY DWELLING UNITS (CITY COUNCIL)
Body
I. SUMMARY
Senate Bill No. 9 (SB 9) became effective on January 1, 2022. This bill requires the approval of up to two primary dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted. This is in addition to permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in some cases. Additionally, SB 9 requires the approval of lot splits in single-family residential zones and allows up to two units to be built on each resulting parcel. SB 9 allows cities to establish objective standards governing new units and lots splits permitted under SB 9 as long as these standards do not conflict with state law.
Given the January 1, 2022, implementation date of SB 9, staff recommend adopting an urgency ordinance in order to establish objective standards to govern SB 9 units and lot splits as soon as possible. If adopted, an urgency ordinance would go into effect immediately. Staff has prepared a draft urgency ordinance, which requires a four-fifths vote of the entire City Council.
As a procedural safeguard, it is also recommended the City Council direct staff to prepare a regular code amendment establishing SB 9 regulations, which would first be reviewed by the Planning Commission and would then be considered by the City Council through the normal process with a first and second reading. Staff also recommend that the regular code amendment, mentioned above...
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