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LEGISLATION COMMITTEE

Meeting Date:	04/12/2021
Subject: SB 9 (Atkins) Housing Development: Approvals
Submitted For:	LEGISLATION COMMITTEE
Department:	County Administrator
Referral No.:	2021-13
Referral Name:	SB 9 (Atkins)
Presenter:	L. DeLaney	Contact:	L. DeLaney, 925-655-2057

Information

Referral History:

SB 9 (Atkins) was referred to the Legislation Committee for consideration by Supervisor Mitchoff's office. Cal Cities has an "Oppose Unless Amended" position on SB 9. CSAC's position on the bill is pending.

Referral Update:

SB 9 (Atkins)

The text of SB 9 is available here.

Author:

Toni G. Atkins (D-039)

Coauthor

McGuire (D), Rivas R (D), Gonzalez (D), Caballero (D), Wiener (D), Rubio (D)

Title:

Housing Development: Approvals

Fiscal Committee:

yes

Urgency Clause:

Introduced:

12/07/2020

Last Amend:

04/05/2021

Disposition:

Pending

Committee:

Senate Housing Committee

Hearing:

04/15/2021, Senate Chamber

Summary:

Requires a proposed housing development containing two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate or low income.

Status:

04/05/2021

From SENATE Committee on HOUSING with author's amendments.

SB 9 would require a local government to ministerially approve a housing development containing two residential units in single-family residential zones. SB 9 would create a streamlined process allowing duplexes in single family neighborhoods, as well as allowing lot splits of single-family residential lots and the conversion of existing single-family buildings to duplexes. CSAC took a “support if amended” position on a nearly identical bill last year, SB 1120 (Atkins, 2020).

Housing affordability and homelessness are among the most critical issues facing California cities. Affordably priced homes are out of reach for many people and housing is not being built fast enough to meet the current or projected needs of people living in the state. Cities and counties lay the groundwork for housing production by planning and zoning new projects in their communities based on extensive public input and engagement, state housing laws, and the needs of the building industry.

There is concern that SB 9 as currently drafted would not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State driven ministerial or by-right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements that are certified by the California Department of Housing and Community Development (HCD). Cal Cities recommends the following amendments to the bill:

Clarify that a property owner using SB 9 is limited to constructing two residential units, not two residential units and additional accessory dwelling units (ADUs) on the same parcel;
Require a housing developer to acquire a building permit within one year of a lot split, so that speculators do not sell lots and never build homes;
Allow local governments to require adequate access for police, fire and other public safety vehicles and equipment;
Prohibit developers from using SB 9 in very high fire hazard severity zones;
Allow cities to determine a range of lot sizes suitable for SB 9 development projects;
Ensure HCD provides Regional Housing Needs Allocation (RHNA) credit for production of SB 9 units;
Allow local governments to take into account local conditions such as hillsides, lot dimensions, natural hazards, available infrastructure, etc. when approving or denying housing project applications;
Allow local governments to continue to determine parking standards; and
Ensure large-scale investors and builders do not exploit SB 9 provisions.

Recommendation(s)/Next Step(s):

CONSIDER recommending a position on SB 9 (Atkins) to the Board of Supervisors.

Attachments
No file(s) attached.