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Kalbans Study
Cities and Counties have until December 31st to adopt resolutions to control SB 9 impacts
Senate Bill 9 (Atkins) (the “Bill” or “SB 9”), the California Home Act, was signed into law by Governor Newsom on September 19, 2021 and becomes effective on January 1, 2022. The following information is presented courtesy of United Neighbors, a Los Angeles, grassroots, community organization that is actively involved in state housing laws.
SB 9 eliminates discretionary review and public oversight of the subdivision of one lot into two parcels by removing public notice and public hearings. In addition, SB 9 exempts projects from environmental review as required by the California Environmental Quality Act (CEQA) and stipulates that a city or county cannot require a duplex project to comply with any standard that would prevent two units from being built on each resultant lot, and it prohibits imposing regulations that require dedications of rights-of way or the construction of offsite and onsite improvements for parcels created through a lot split.
However, in addition to various constraints on SB 9 developments, the Bill also authorizes cities and counties to enact local SB 9 implementation ordinances and guidelines that are "objective" and that are not inconsistent with its mandatory provisions. As such, it is imperative that local governments develop ordinances to that effect.
Since there is not sufficient time for a publicly-considered implementation ordinance to be developed, publicly reviewed, and adopted by January 1, 2022, cities and counties can develop a memorandum of understanding to obligate all City Departments and agencies to abide by interim rules and requirements to implement SB 9, locally, until such time as the permanent ordinance can be adopted.
Local governments can also establish minimum thresholds by which certain SB 9 projects cannot be ministerially reviewed and instead be subject to greater scrutiny in terms of a public hearing process and heightened environmental review.
United Neighbors has taken the initiative to propose such actions by the City of Los Angeles. According to United Neighbors, both the short-term memorandum and long-term ordinances must establish basic precepts applicable to all SB 9 projects.
The following are some of their suggested Draft Resolution conditions for the City of Los Angeles, most of which are applicable to all other cities in the state. (copy attached)
Objective Zoning/Subdivision/Design Standards. The Bill authorizes the City to impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to structures and parcels created by an urban lot split that do not conflict (with SB 9) or preclude the construction of two 800 square foot minimum housing units. Accordingly, all such existing objective City standards shall apply to SB 9 projects, in addition to any additional objective standards that the City may adopt. [Emphasis added]
Maximum of Four Units and Two Lots. SB 9 obligates the City to allow two units per lot, and one lot split, for a total of four units and a total of two lots (parcels). The City is not required and shall not allow any additional units or structures (such as ADUs), nor any further lot splits, on any parcel that has been split once and on which four units have been approved. [Emphasis added]
Parking. The Bill allows the City to choose to require parking consistent with the terms of the Bill. Accordingly, the City shall require off-street parking of one space per unit, unless 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 there is a car share vehicle located within one block of the parcel. [Emphasis added]
Setbacks. SB 9 allows the City to choose to require setbacks consistent with the terms of the Bill. Accordingly, the City shall require setbacks of up to four feet from the side and rear lot lines in all SB 9 projects and circumstances that are not expressly exempted from such a requirement by the Bill. [Emphasis added]
Applicant Residency. The Bill requires every SB 9 applicant to provide an affidavit confirming that the applicant intends to reside in one of the SB 9 units for three years. To fulfill this obligation, the City shall require the applicant to sign and record an affidavit placing a covenant that will run with the land to confirm that the applicant will reside in one of the SB 9 units for three years from the City’s grant of the application where a unit already exists, or, if no unit then exists, for three years from the City’s issuance of the unit’s Certificate of Occupancy. [Emphasis added]
Affordable Covenant. There is at present an urgent Statewide and City concern about the provision of affordable housing. Every SB 9 project in the City shall require that a thirty-year affordable covenant for at least moderate income level must be applied to one of the units and listed on the HCID registry of affordable units or the applicant must pay an in-lieu fee (to be determined) that goes toward the City’s provision of affordable housing. [Emphasis added]
Impact/Development Fees. The City shall require the payment of impact or development fees related to the specific impact that will be imposed on a community by the creation of a SB 9 second lot and additional units. Impact fees can be related to a variety of impacts including but not limited to infrastructure, construction impacts, recreation, libraries, and public art. [Emphasis added]
Special District Exemptions. SB 9 exempts historic districts and structures from its terms, and also retains the protections of the California Coastal Act. However, Los Angeles has many other special districts that shall be exempted from SB 9 including Survey LA documented historic areas and properties, HPOZs, equestrian-zoned areas, hillside areas with substandard streets, wildlife corridors, habitat blocks, high fire, and high wind zones. Findings of unavoidable adverse impact shall be made pursuant to SB 9 if and as required, for these areas. These districts shall be exempt and protected from SB 9 development. [Emphasis added]
Unavoidable Adverse Impacts. The Bill authorizes the City to deny an SB 9 project upon written findings, based on a preponderance of evidence, that the project will have a specific, adverse impact upon public health and safety or the physical environment for which there is no feasible method to mitigate or avoid. The City shall assess every SB 9 application for such unavoidable adverse impacts, shall provide its written assessment to the applicable City Council Office, and shall deny a project if an unavoidable adverse impact is identified. [Emphasis added]
Findings of unavoidable adverse impact shall be made pursuant to SB 9 if and as required, for these areas. These districts as identified above and others as appropriate shall be exempt and protected from SB 9 development.
Notification Requirements. Every SB 9 filing shall require the City to notify those property owners and tenants within a 500-foot radius from the proposed project site that a parcel map has been filed with the City.
We urge all cities in the San Francisco Bay Area to immediately consider addressing these issues, locally, to better control the unintended impacts and consequences of SB 9.
Bob Silvestri is a Marin County resident and the founder and president of Community Venture Partners, a 501(c)(3) nonprofit community organization funded by individuals and nonprofit donors. Please consider DONATING TO CVP to enable us to continue to work on behalf of California residents.