SB 9 - Authorizes the Development of Up to Two Duplexes Without Local Reviews or Hearings - California Key Vote

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Title: Authorizes the Development of Up to Two Duplexes Without Local Reviews or Hearings

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Title: Authorizes the Development of Up to Two Duplexes Without Local Reviews or Hearings

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes the development of up to two duplexes without local reviews or hearings, in neighborhoods in most cities that are currently zoned for single-family homes.

Highlights:

 

  • Defines “local agency” as a city, county, or city and county, whether general law or chartered (Sec. 2.l-2).

  • Prohibits proposed housing developments from requiring demolition or alteration of any of the following types of housing (Sec. 1-3):

    • Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

    • Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or

    • Housing that has been occupied by a tenant in the last three years.

  • Prohibits the proposed housing development from allowing the demolition of more than 25% of the existing exterior structural walls, unless the housing development meets at least one of the following conditions (Sec. 1-5):

    • If a local ordinance so allows; or

    • The site has not been occupied by a tenant in the last three years.

  • Requires an application for a parcel map for an urban lot split to be approved according to the following (Sec. 2.b):

    • A local agency will approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review;

    • A local agency will approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this law; and

    • A local agency shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map

  • Authorizes a local agency may mandate any of the following conditions when considering an application for a parcel map for an urban lot split (Sec. 2.e):

    • Easements required for the provision of public services and facilities;

    • A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way; and

    • Off-street parking of up to one space per unit, except that a local agency will not impose parking requirements in either of the following instances.

  • Prohibits a local agency from mandating, as a condition for ministerial approval of a permit parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions (Sec. 2.h).

  • Specifies an approved or conditionally approved tentative map will expire 24 months after its approval or conditional approval, or after any additional period as may be prescribed by local ordinance, not to exceed an additional 24 months (Sec. 3.a-1).

  • Specifies a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map (Sec. 3.f).

  • Alleges ensuring access to affordable housing is a matter of statewide concern and not a municipal concern. Therefore, this law applies to all cities, including charter cities (Sec. 4).

See How Your Politicians Voted

Title: Authorizes the Development of Up to Two Duplexes Without Local Reviews or Hearings

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the development of up to two duplexes without local reviews or hearings, in neighborhoods in most cities that are currently zoned for single-family homes.

Highlights:

 

  • Defines “local agency” as a city, county, or city and county, whether general law or chartered (Sec. 2.l-2).

  • Prohibits proposed housing developments from requiring demolition or alteration of any of the following types of housing (Sec. 1-3):

    • Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

    • Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or

    • Housing that has been occupied by a tenant in the last three years.

  • Prohibits the proposed housing development from allowing the demolition of more than 25% of the existing exterior structural walls, unless the housing development meets at least one of the following conditions (Sec. 1-5):

    • If a local ordinance so allows; or

    • The site has not been occupied by a tenant in the last three years.

  • Requires an application for a parcel map for an urban lot split to be approved according to the following (Sec. 2.b):

    • A local agency will approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review;

    • A local agency will approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this law; and

    • A local agency shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map

  • Authorizes a local agency may mandate any of the following conditions when considering an application for a parcel map for an urban lot split (Sec. 2.e):

    • Easements required for the provision of public services and facilities;

    • A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way; and

    • Off-street parking of up to one space per unit, except that a local agency will not impose parking requirements in either of the following instances.

  • Prohibits a local agency from mandating, as a condition for ministerial approval of a permit parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions (Sec. 2.h).

  • Specifies an approved or conditionally approved tentative map will expire 24 months after its approval or conditional approval, or after any additional period as may be prescribed by local ordinance, not to exceed an additional 24 months (Sec. 3.a-1).

  • Specifies a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map (Sec. 3.f).

  • Alleges ensuring access to affordable housing is a matter of statewide concern and not a municipal concern. Therefore, this law applies to all cities, including charter cities (Sec. 4).

Title: Authorizes the Development of Up to Two Duplexes Without Local Reviews or Hearings

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