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Resolution No. 2021-68 | Residential Lot Split Objective Design Standard Policy | Adopted 12/13/2021RESOLUTION NO. 2021-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE GILROY SB 9 RESIDENTIAL LOT SPLIT OBJECTIVE DESIGN STANDARDS POLICY WHEREAS, on September 16, 2021, the Governor of the State California signed into law Senate Bill No. 9 (Atkins), an act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the California Government Code relating to land use, which requires, under certain criteria, ministerial approval of a parcel map for a lot split or a proposed housing development containing no more than 2 residential units within a single-family residential zone; and WHEREAS, the provisions of Senate Bill No. 9 shall be in effect on January 1, 2022, and set forth what a local agency can and cannot require in approving a parcel map for a lot split or a proposed housing development containing no more than 2 residential units within a single-family residential zone; and WHEREAS, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with the provisions of Senate Bill No. 9; and WHEREAS, pursuant to Government Code section 66300, “Objective design standard” means a design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application; and WHEREAS, the Gilroy SB 9 Residential Lot Split Objective Design Standards Policy will help ensure that lot splits and housing developments approved through the ministerial provisions of Senate Bill No. 9 conform to the City of Gilroy’s minimum residential development expectations; and WHEREAS, the City Council held a duly noticed public hearing on December 13, 2021, at which time the City Council received and considered the Gilroy SB 9 Residential Lot Split Objective Design Standards Policy, took and considered the written and oral public testimony, the staff report, and all other documentation related to the proposed policy; and WHEREAS, the Gilroy SB 9 Residential Lot Split Objective Design Standards Policy is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to implementation of Senate Bill No. 9 and pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and Section 15308 (Regulatory Actions for the Protection of the Environment) in that: (1) the adoption of objective design standards does not change applicable zoning and is necessary to implement state law, (2) it can be seen with certainty that the adoption of the standard will not have a significant environmental effect, (3) the standards are to protect aesthetic impacts on the physical environment, and (4) none of the circumstances described in CEQA Guidelines Section 15300.2 applies; and WHEREAS, the Gilroy SB 9 Residential Lot Split Objective Design Standards Policy implements the Gilroy 2040 General Plan Land use Goal LU 8 to support growth and development that preserves and strengthens the City's historic, small-town character and provides and maintains safe, livable, and affordable neighborhoods; and WHEREAS, the location and custodian of the documents and other material which constitute the record of proceedings upon which this Gilroy SB 9 Residential Lot Split Objective Design Standards Policy adoption is based is the office of the City Clerk; and WHEREAS, the City Council of the City of Gilroy has considered the Gilroy SB 9 Residential Lot Split Objective Design Standards Policy in accordance with the 2040 Gilroy General Plan, State law, and other applicable standards and regulations; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the Gilroy SB 9 Residential Lot Split Objective Design Standards Policy, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE- MUNOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: HILTON APPROVED: Marie Bla ey, Mayo ATTEST: Thai Nam Pham, City Clerk Resolution No. 2021-68 Page 2 of 2 December 13, 2021 Gilroy SB 9 Residential Lot Split Policy Draft Adopted December 13, 2021 (Effective January 1, 2022) Page 1 of 1 The intent of the Gilroy SB 9 Residential Lot Split Policy is to provide applicants and property owners with a clear understanding of the City’s expectations for a lot split under California Senate Bill (SB) 9. This Policy supplements Gilroy City Code Chapter 21 (Subdivisions and Land Development), the City’s Zoning Ordinance, and the Gilroy 2-Unit Residential Objective Design Standards Policy. SB 9 Applicability: This policy applies to any parcel located within the City’s R1 Single-Family Residential District, subject to certain limitations. Ministerial approval under SB 9 shall not apply in the case where: development would require the 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, low, or very low income; the development would demolish more than 25% of the existing exterior structural walls of a structure that has been occupied by a tenant in the last three (3) years; or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. Furthermore, ministerial approval under SB 9 shall not apply in the case where the parcel is: located within a historic district or listed as a historic resource on the City of Gilroy’s Historic Resource Inventory; identified as prime agricultural land, wetlands, protected species habitat, or a hazardous waste site; or located within a very high fire hazards zone, earthquake fault zone, floodplain, or floodway. The City may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. ADJACENT SUBDIVISIONS: No lot split shall be approved where the property owner or any person acting in concert with the owner, has subdivided an adjacent parcel through the provisions of SB 9. MAXIMUM LOTS: No more than two (2) parcels shall be permitted through the provisions of an SB 9 lot split, and the lot to be split shall not have been previously established through an SB 9 lot split. LOT AREA MINIMUM: Each parcel shall be approximately equal in area and shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. MINIMUM FRONTAGE: The minimum frontage of any new lot created pursuant to SB 9 shall be forty (40) feet, unless such requirement would preclude the creation of a lot with a maximum area of 1,200 square feet. FLAG LOT ACCESS: The access corridor from the street to a flag lot shall be a minimum 18-feet wide. ROW ACCESS: The City may require that a parcel(s) has access to, provides access to, or adjoins the public right-of-way. EASEMENTS: The City may require easements for the provision of public services and facilities. MAXIMUM UNITS: The maximum number of units on a lot that is associated with an SB 9 subdivision shall be two (2) units, including but not limited to accessory dwelling units (ADUs) and junior ADUs. OWNER-OCCUPANCY: The property owner shall sign an affidavit stating they intend to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of a new lot created pursuant to SB 9. CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2021-68 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a special meeting of said held on Council held Monday, December 13, 2021, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, December 13, 2021. Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)