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Public Comment - Public CorrespondenceFrom:Richard Schulman To:City Clerk Subject:Council meeting of 12/5/23 Date:Tuesday, December 5, 2023 12:54:55 PM Attachments:Fenstermacher 231121 complete.pdf 2023-12-05 Response to R. Schulman re SB 9 RR Zones.pdf You don't often get email from richard@schulmanatlaw.com. Learn why this is important EXTERNAL EMAIL Please circulate this e-mail and the attachments to the members of the City Council. I will be addressing the attached correspondence during the Public Comment segment of tonight's meeting. If you have any questions, I can be reached at 858-221-3976. Thank you. RICHARD A. SCHULMAN, A PROFESSIONAL CORPORATION 9834 Apple Tree Drive, Unit C San Diego, California 92124 858-221-3976 Richard@SchulmanAtLaw.com November 21, 2023 By e-mail: afenstermacher@poway.org Alan Fenstermacher City Attorney 13325 Civic Center Drive Poway, California 92064 Re: Application of Senate Bill 9 to RR-Zoned Properties I represent Jennifer and Phil Plantier, owners of the property at 16001 Martincoit Road in the City, APN 275-271-29-00. The Plantiers’ property is zoned RR-B, “Rural Residential B.” The Plantiers would like to use SB 9 (Chapter 162, Stats. 2021) to subdivide their parcel so a family member will be able to build another house on the new, adjacent parcel. The Plantiers’ property satisfies all the prerequisites of SB 9. However, City staff has told them that SB 9 does not apply to RR-zoned property and that therefore they may not use the new law. Staff has indicated that their position is based on an instruction from you. I am therefore writing you to ask that this policy be corrected. The problem appears to be an interpretation of the new law. However, both new code sections expressly apply to all “residential” zones, GOVERNMENT CODE §65852.21 and §66411.7, and the City’s own Municipal Code not only includes the RR zones among “residential” zones, MUNICIPAL CODE Ch. 17.08, but even defines and describes them as “residential,” MUNICIPAL CODE §17.08.020. That the City intends that properties bearing the RR zone be “rural” is irrelevant; they are “residential,” the key term in the new statutes. The available legislative intent materials confirm that the Legislature meant to apply the new law to anything “residential,” regardless of whether the property in question is densely urban residential, single-family residential, or rural residential. However, staff will not even accept an application for RR-zoned property. The ban on RR-zoned properties using SB 9 appears to have taken effect without formal City Council action. I have searched City Council records since SB 9 became effective (January 1, 2022) and found neither an ordinance nor a resolution creating this policy, and it does not appear in the Municipal Code. Consequently, correction of this administrative interpretation should be feasible informally. Alan Fenstermacher, City Attorney November 21, 2023 Page 2 The next regular City Council hearing is scheduled for December 5, 2023. I hope to hear from you soon that the Plantiers may submit, and that staff will process ministerially, an application to use SB 9. If I have not heard from you by close of business on December 4, I will appear before the City Council during the public comment portion of their meeting to raise these points. Very truly yours, Richard A. Schulman RICHARD A. SCHULMAN, A PROFESSIONAL CORPORATION RAS:cas Encls: (1) City flier titled “SB 9 Developments & Urban Lot Splits: General Information,” taken 11/19/23 from https://poway.org/DocumentCenter/View/8713/SB-9- Developments--Urban-Lot-Splits-General-Information-PDF (2) City of Poway GIS, “Community Information” for 16001 Martincoit Road (3) City of Poway Municipal Code §17.08.020 (4) Final Senate Floor Analysis of SB 9 (2021) cc (w/encls.): Clients (by e-mail) EXHIBIT 1 CITY OF POWAY DEVELOPMENT SERVICES DEPARTMENT SB 9 Developments & Urban Lot Splits: General Information What does Senate Bill 9 (SB9) do? The Bill mandates jurisdictions, like the City of Poway, to ministerially approve a housing development containing no more than two (2) residential units on a single lot within a single-family residential zone, excluding certain areas (“units” is inclusive of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)).1 ADUs may be permissible after two (2) main single-family residences on a single lot are established.2 Additionally, the City must ministerially process an Urban Lot Split in accordance with SB9 and eligible development standards. How do I apply and obtain permits for a SB9 development and Urban Lot Split? Hire a designer or architect to prepare building plans, provide four (4) sets of plans in compliance with the application requirements and guidelines and in compliance with the restrictions specified herein, then apply and pay applicable plan check fees. Corrections on plan check reviews must be addressed before the application is approved and ready to issue. Once the building permit is approved, pay applicable issuance and impact fees,3 obtain your permit and begin building. For an Urban Lot Split, civil drawings prepared by an engineer are also required for the submittal and a ministerial Tentative Parcel Map (TPM) then a Final Map with appropriate fees are required. 1 Reference City of Poway’s “Accessory Dwelling Units and Junior Accessory Dwelling Units: General Information” handout. 2 Lots with existing multi-family dwellings can permit ADUs per Govt. Code Section 65852.2(C) or Govt. Code Section 65852.2(D). Existing ADUs may be able to be converted to a “primary residence” through the Administrative Remedy Letter process. All conversions are subject to application and impact fees. 3 A credit will be applied for previous impact fees paid on an ADU converted to a main single-family residence as applicable. 4 Reference Govt. Code Section 65852.21(b)(1). 5 Reference PMC Section 17.08.230(D). 6 An affidavit specifying rental status in compliance with SB9 shall be required. If the unit was occupied by a tenant within the last three years, then no more than 25 percent of demolition is permitted for the exterior walls. 7 Reference Govt. Code Section 65852.21(c)(1). For SB 9 Developments and Urban Lot Splits Qualifying Properties Limitations Only properties that are zoned primarily for single-family residences qualify (e.g., RS-1 thru RS-7). The following areas are also excluded from SB9 developments (including properties with portions in the following areas): A. Rural Residential (RR) RR-A, RR-B, and RR-C and open space zones; B. Wetlands (ref. U.S. Fish and Wildlife Service Manual); C. A hazardous waste site; D. A historic district or a historically designated site; E. A Very High Fire Hazard Severity Zone (common); F. A special flood hazard area or regulatory floodway, unless certain requirements are met; and/or G. Lands identified for conservation in the Habitat Conservation Plan (HCP) Mitigation Areas, sensitive habitat areas, and/or an open space easement or open space zoning designation. Approval of a SB9 development cannot involve the demolition or alteration of structures if the property contains: A. Affordable or rent controlled housing; or B. Housing occupied by a tenant within the last three years.6 Note: Rental terms must exceed thirty days. Separate sewer and water connections are required for all SB9 units. Parking Requirement A minimum of one off-street parking space per unit is required per lot.7 Setback Requirements 1. A minimum of four-foot interior side and rear yard setbacks. Front yard and street-side yard setbacks must comply with designated zoning standards. 2. If a unit does not meet PMC required setbacks for a main single-family residence, then height is limited to one story and the SB9 unit can’t exceed 16 feet above the average finished grade. 3. A minimum 10 ft. distance between all structures is required. 4. No setback shall be required for a legally permitted structure that is replaced or converted to a SB9 unit. Objective Design/Development Standards The project must comply with the objective community design themes and development standards found in the City’s General Plan and the Poway Municipal Code (PMC),4 including landscape5 and slope area requirements. The project’s design and development must comply with the City of Poway’s Best Management Practices Manual and the Poway Municipal Code. Existing properties already subject to Priority Development Project standards shall obtain prior approval from the City Engineering staff for additional impervious area since it may require the addition of or alteration of storm water facilities and strategies. 1 Off-site dedications or improvements cannot be required. Urban Lot Split Requirements In addition to the previously stated SB9 development requirements, SB9 allows the subdivision of a single-family lot into two lots (Urban Lot Split) which shall meet the following criteria: A. In conjunction with an Urban Lot Split, no more than two units may be permitted per lot; B. Proposed lots shall be a minimum of 1,200 square feet; C. Lots must be no smaller than 40 percent of the original lot area; D. Areas utilized for public or private roads, vehicular access easements, and/or 45 percent or greater natural sloped areas are excluded from lot area calculations; E. The ratio of lot depth to lot width shall not exceed 3:1; F. Each lot shall have a minimum 20-foot vehicular street access; G. Existing or proposed access from a driveway curb cut is required; H. Easements may be required to convey public utilities, access, and other services;1 I. The property owner must sign an affidavit stating they acknowledge that the property’s Covenants, Conditions, and Restrictions (CC&Rs) or Homeowner’s Association (HOA) restrictions are not violated because of the Urban Lot Split; and J. The property owner must sign a covenant stating the property’s owner(s): 1) intends to occupy one of the units as their primary residence for a minimum of three years; 2) acknowledges that the property is no longer eligible for a future Urban Lot Split; 3) shall not subdivide any adjacent parcel using an urban lot split; 4) A minimum of one off-street parking space per unit is required per lot; and 4) must develop each lot per SB9 requirements and restrictions. -- SFR SFR Gov. Cod• Section 65852 21 SB 9 Development Figuret SFR ADU SFR Gov Code Section 65852.2 C SFR SFR Gov. Code s.cuon 65852.2(D) Note: All figures are not to scale and do not include SB9 development standards. These images are for illustration purposes only. SFR SB 9 Development with Urban Lot Split Figure2 SFR SFR SFR SFR SFR Note: All figures are not to scale and do not include SB9 development standards. These images are for illustration purposes only. EXHIBIT 2 Community Information Parcel Information APN Planning Information Zoning Code Flood Plain Information l!!!._,,gilr,,,_._,.-•.,,o -■-.,, ■.,-fe>rm.-,::1-c>r,, TMPM Plan Number Street Sweeping Route (133.6 ft) EXHIBIT 3 1 17.08.020 RR-A through RR-C residential rural zone. The RR-A through RR-C residential rural zone is intended as an area for very low density residential uses with minimum lot sizes of one acre and maximum densities of one unit per acre. Additional uses are permitted that are complimentary to, and can exist in harmony with, a rural residential neighborhood. Specific slope criteria shall be applied in the determination of the maximum allowable densities to achieve compatibility with the topography and public service constraints. In order to preserve the very low density residential character of such property, no property zoned RR-A, RR-B or RR-C shall be rezoned to a zone, nor shall any amendment to this title be adopted, which would increase the residential density on property so zoned or change the uses permitted thereon to allow commercial or manufacturing uses until and unless such rezoning or amendment is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of the City at a special or general election.* (Ord. 283 § 2(8), 1988; Ord. 113 § 1 (Exh. A 2.0), 1983) * Editor's Note: The second paragraph of PMC 17.08.020 was added by Ord. 283 and was approved by the voters at a general municipal election November 8, 1988. The language added shall not be modified or rescinded without the approval of a simple majority of the City voting at a special or general election. EXHIBIT 4 SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 SB 9 UNFINISHED BUSINESS Bill No: SB 9 Author: Atkins (D), Caballero (D), Rubio (D) and Wiener (D), et al. Amended: 8/16/21 Vote: 21 SENATE HOUSING COMMITTEE: 7-2, 4/15/21 AYES: Wiener, Caballero, Cortese, McGuire, Skinner, Umberg, Wieckowski NOES: Bates, Ochoa Bogh SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 4/22/21 AYES: McGuire, Nielsen, Durazo, Hertzberg, Wiener SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/20/21 AYES: Portantino, Bradford, Kamlager, Laird, Wieckowski NOES: Bates, Jones SENATE FLOOR: 28-6, 5/26/21 AYES: Archuleta, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Gonzalez, Grove, Hertzberg, Hueso, Hurtado, Laird, Leyva, McGuire, Min, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Umberg, Wieckowski, Wiener NOES: Bates, Borgeas, Jones, Melendez, Ochoa Bogh, Wilk NO VOTE RECORDED: Allen, Glazer, Kamlager, Limón, Newman, Stern ASSEMBLY FLOOR: 45-19, 8/26/21 - See last page for vote SUBJECT: Housing development: approvals SOURCE: Author DIGEST: This bill requires ministerial approval of a housing development of no more than two units in a single-family zone (duplex), the subdivision of a parcel zoned for residential use into two parcels (lot split), or both. SB 9 Page 2 Assembly Amendments provide that a local agency may deny a housing project otherwise authorized by this bill if the building official makes a written finding based upon the preponderance of the evidence that the housing development project would have a specific, adverse impact upon health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; provides that a local agency shall require an applicant for an urban lot split to sign an affidavit stating that they intent to occupy one of the housing units as their principle residence for a minimum of three years, unless the applicant is a community land trust or a qualified nonprofit corporation; and removes the sunset. ANALYSIS: Existing law: 1) Governs, pursuant to the Subdivision Map Act, how local officials regulate the division of real property into smaller parcels for sale, lease, or financing. 2) Authorizes local governments to impose a wide variety of conditions on subdivision maps. 3) Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment. 4) Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance. 5) Establishes the California Environmental Quality Act (CEQA), which generally requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed projects, and to reduce those impacts to the extent feasible. CEQA applies when a development project requires discretionary approval from a local government. (See “Comments” below for more information.) 6) Requires ministerial approval by a local agency for a building permit to create an accessory dwelling unit (ADU) provided the ADU was contained within an existing single-family home and met other specified requirements. Requires a local agency to ministerially approve an ADU or junior accessory dwelling unit (JADU), or both, as specified, within a proposed or existing structure or SB 9 Page 3 within the same footprint of the existing structure, provided certain requirements are met. 7) Requires each city and county to submit an annual progress report (APR) to the Department of Housing and Community Development (HCD) and the Office of Planning and Research that provides specified data related to housing development. This bill: 1) Requires a city or county to ministerially approve either or both of the following, as specified: a) A housing development of no more than two units (duplex) in a single- family zone. b) The subdivision of a parcel zoned for residential use, into two approximately equal parcels (lot split), as specified. 2) Requires that a development or parcel to be subdivided must be located within an urbanized area or urban cluster and prohibits it from being located on any of the following: a) Prime farmland or farmland of statewide importance; b) Wetlands; c) Land within the very high fire hazard severity zone, unless the development complies with state mitigation requirements; d) A hazardous waste site; e) An earthquake fault zone; f) Land within the 100-year floodplain or a floodway; g) Land identified for conservation under a natural community conservation plan, or lands under conservation easement; h) Habitat for protected species; or i) A site located within a historic or landmark district, or a site that has a historic property or landmark under state or local law, as specified. 3) Prohibits demolition or alteration of an existing unit of rent-restricted housing, housing that has been the subject of an Ellis Act eviction within the past 15 years, or that has been occupied by a tenant in the last three years. 4) Prohibits demolition of more than 25% of the exterior walls of an existing structure unless the local ordinance allows greater demolition or if the site has not been occupied by a tenant in the last three years. SB 9 Page 4 5) Authorizes a city or county to impose objective zoning, subdivision, and design review standards that do not conflict with this bill, except: a) A city or county shall not impose objective standards that would physically preclude the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. A city or county may, however, require a setback of up to four feet from the side and rear lot lines. b) A city or county shall not require a setback for an existing structure or a structure constructed in the same location and to the same dimensions as the existing structure. 6) Prohibits a city or county from requiring more than one parking space per unit for either a proposed duplex or a proposed lot split. Prohibits a city or county from imposing any parking requirements if the parcel is located within one- half mile walking distance of either a high-quality transit corridor or a major transit stop, or if there is a car share vehicle located within one block of the parcel. 7) Authorizes a city or county to require a percolation test completed within the last five years or, if the test has been recertified, within the last 10 years, as part of the application for a permit to create a duplex connected to an onsite wastewater treatment system. 8) Authorizes a local agency to deny a housing project otherwise authorized by this bill if the building official makes a written finding based upon the preponderance of the evidence that the housing development project would have a specific, adverse impact upon health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact 9) Requires a city or county to prohibit rentals of less than 30 days. 10) Prohibits a city or county from rejecting an application solely because it proposes adjacent or connected structures, provided the structures meet building code safety standards and are sufficient to allow separate conveyance. 11) Provides that a city or county shall not be required to permit an ADU or JADU in addition to units approved under this bill. 12) Requires a city or county to include the number of units constructed and the number of applications for lot splits under this bill, in its APR. SB 9 Page 5 13) Requires a city or county to ministerially approve a parcel map for a lot split only if the local agency determines that the parcel map for the urban lot split meets the following requirements, in addition to the requirements for eligible parcels that apply to both duplexes and lot splits: a) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal size, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. b) Both newly created parcels are at least 1,200 square feet, unless the city or county adopts a small minimum lot size by ordinance. c) The parcel does not contain rent-restricted housing, housing where an owner has exercised their rights under the Ellis Act within the past 15 years, or has been occupied by tenants in the past three years. d) The parcel has not been established through prior exercise of an urban lot split. e) Neither the owner of the parcel, or any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split. 14) Requires a city or county to approve a lot split if it conforms to all applicable objective requirements of the Subdivision Map Act not except as otherwise expressly provided in this bill. Prohibits a city or county from imposing regulations that require dedicated rights-of-way or the construction of offsite improvements for the parcels being created, as a condition of approval. 15) Authorizes a city or county to impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this bill. A city or county may, however, require easements or that the parcel have access to, provide access to, or adjoin the public right-of- way. 16) Provides that a local government shall not be required to permit more than two units on a parcel. 17) Prohibits a city or county from requiring, as a condition for ministerial approval of a lot split, the correction of nonconforming zoning conditions. 18) Requires a local government to require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principle residence for a minimum of three years from the date of the approval of lot split, unless the applicant is a community land trust, as defined, or a qualified nonprofit corporation, as defined. SB 9 Page 6 19) Provides that no additional owner occupancy standards may be imposed other than those contained within 18) above, and that requirement expires after five years. 20) Allows a city or county to adopt an ordinance to implement the urban lot split requirements and duplex provisions, and provides that those ordinances are not a project under CEQA. 21) Allows a city or county to extend the life of subdivision maps by one year, up to a total of four years. 22) Provides that nothing in this bill shall be construed to supersede the California Coastal Act of 1976, except that a local government shall not be required to hold public hearings for a coastal development permit applications under this bill. Background Cities and counties enact zoning ordinances to implement their general plans. Zoning determines the type of housing that can be built. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors. Some housing projects can be permitted by city or county planning staff ministerially, or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meeting standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review; instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to review under CEQA, while projects permitted ministerially generally are not. Comments 1) Modest density can result in large-scale housing production. This bill could lead to up to four homes on lots where currently only one exists. It would do so by allowing existing single-family homes to be converted into duplexes; it would also allow single-family parcels to be subdivided into two lots, while allowing for a new two-unit building to be constructed on the newly formed lot. According to the University of California, Berkeley Terner Center for Housing Innovation, this bill has the potential to allow for the development of nearly 6 million new housing units. Assuming only five percent of the parcels impacted SB 9 Page 7 by this bill created new two-unit structures, this bill would result in nearly 600,000 new homes. 2) Historic preservation versus housing production. As part of their general police powers, local governments have the authority to designate historic districts, which set specific regulations and conditions to protect property and areas of historical and aesthetic significance. While well-intentioned, academics and others have pointed out that there are negative impacts of historic districts on housing supply and racial equity. For example, in 2017, the Sightline Institute noted that, in relation to Seattle’s historic preservation efforts, “rules for historic preservation can sabotage housing affordability just like any other cost, red tape, permitting delay, or capacity limits imposed on homebuilding.” It made recommendations such as educating historic preservation board members on how the historic review process and resulting preservation mandates can impede homebuilding and harm affordability; raising the bar for justifying landmark designations in order to counteract local anti- development sentiment; and even prohibiting historic preservation restrictions from limiting new construction to less than the height or capacity that zoning allows. Sites within a historic district are categorically exempt from the provisions of this bill. While the committee understands the desire to protect the integrity of historic districts from an aesthetic perspective, it is unclear that allowing small multi-unit construction in historic districts — which would be subject to objective historic design standards — would undermine the integrity of the historic districts. In addition, exempting historic districts from bills designed to increase multi-unit housing supply could lead to fair housing challenges. This committee is aware of several California cities — including neighborhoods in Eastern San Francisco, Los Angeles, and San Jose — that have not excluded historic districts when performing rezonings. This bill also contains a very broad definition of what kinds of historic districts are automatically exempt from this bill. The historic district exemption, similar to exemptions included in other pending bills in the Senate, does not require a historic district to be on a federal or state historic registry. Instead, a city can designate a zone as historic without the typical rigorous historic designation process required for a historic district to be placed on a federal or state registry. Certain NIMBY groups are already discussing use of this broad exemption as a tool to exempt communities from state housing laws. If a historic district exemption is needed, a more focused and rigorous exemption — for example, SB 9 Page 8 similar to what the Governance and Finance Committee placed in SB 50 (Wiener, 2019) — should be considered. 3) Senate’s 2021 Housing Production Package. This bill has been included in the Senate’s 2021 Housing Production Package and is virtually identical to SB 1120 (Atkins, 2020). For key differences, see the Senate Housing Committee analysis. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee: 1) HCD estimates costs of $89,000 (General Fund) annually for 0.5 Personnel Years of staff time to provide technical assistance and outreach education to local agencies and affordable housing developers. 2) Unknown state-mandated local costs to establish streamlined project review processes for proposed duplex housing developments and tentative maps for urban lot splits, and to conduct expedited design reviews of these proposals. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates. SUPPORT: (Verified 8/27/21) AARP Abundant Housing LA ADU Task Force East Bay All Home American Planning Association, California Chapter Bay Area Council Bridge Housing Corporation Cal Asian Chamber of Commerce California Apartment Association California Asian Pacific Chamber of Commerce California Association of Realtors California Building Industry Association California Chamber of Commerce California Hispanic Chamber of Commerce California YIMBY Casita Coalition Central Valley Urban Institute SB 9 Page 9 Chan Zuckerberg Initiative Circulate San Diego Cities of Alameda, Oakland, San Diego Council Member Jon Wizard, City of Seaside Council Member Zach Hilton, City of Gilroy Council of Infill Builders County of Monterey East Bay for Everyone Eden Housing Facebook, INC. Fathers and Families of San Joaquin Fieldstead and Company, INC. Generation Housing Greenbelt Alliance Habitat for Humanity California Hello Housing Hollywood Chamber of Commerce Housing Action Coalition Inland Empire Regional Chamber of Commerce Innercity Struggle League of Women Voters of California LISC San Diego Livable Sunnyvale Local Government Commission Long Beach YIMBY Los Angeles Business Council Los Feliz Neighborhood Council Mayor Darrell Steinberg, City of Sacramento Midpen Housing Midpen Housing Corporation Modular Building Institute Mountain View YIMBY National Association of Hispanic Real Estate Professionals Natural Resources Defense Council Non-profit Housing Association of Northern California North Bay Leadership Council Northern Neighbors Orange County Business Council Palo Alto Forward Peninsula for Everyone SB 9 Page 10 People for Housing - Orange County Pierre Charles General Construction Plus Home Housing Solutions San Diego Housing Commission San Diego Regional Chamber of Commerce San Fernando Valley YIMBY San Francisco Bay Area Planning and Research Association San Francisco YIMBY Sand Hill Property Company Santa Barbara Women’s Political Committee Santa Cruz YIMBY Schneider Electric Share Sonoma County Silicon Valley @ Home Silicon Valley Leadership Group South Bay YIMBY South Pasadena Residents for Responsible Growth Streets for People Bay Area TechEquity Collaborative Tent Makers Terner Center for Housing Innovation at the University of California, Berkeley The Greater Oxnard Organization of Democrats The Two Hundred TMG Partners United Way of Greater Los Angeles Urban Environmentalists YIMBY Action YIMBY Democrats of San Diego County Zillow Group 94 Individuals OPPOSITION: (Verified 8/27/21) Adams Hill Neighborhood Association Aids Healthcare Foundation Alameda Citizens Task Force Albany Neighbors United Berkeley Associated Neighbors Against Non-affordable Housing Brentwood Homeowners Association Burton Valley Neighborhoods Group California Alliance of Local Electeds SB 9 Page 11 California Cities for Local Control California Contract Cities Association Catalysts Cities Association of Santa Clara County Citizens Preserving Venice Cities of Arcata, Azusa, Bellflower, Belmont, Beverly Hills, Brea, Brentwood, Burbank, Calabasas, Camarillo, Carpinteria, Carson, Cerritos, Chino, Chino Hills, Clayton, Clearlake, Clovis, Colton, Corona, Costa Mesa, Cupertino, Cypress, Del Mar, Diamond Bar, Dorris, Downey, Dublin, Eastvale, El Segundo, Escalon, Fillmore, Fortuna, Foster City, Fountain Valley, Garden Grove, Glendora, Grand Terrace, Half Moon Bay, Hesperia, Hidden Hills, Huntington Beach, Indian Wells, Inglewood, Irvine, Irwindale, Kerman, King, La Canada Flintridge, La Habra, La Habra Heights, La Mirada, La Palma, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Niguel, Lakeport, Lakewood, Lancaster, Lawndale, Lomita, Los Alamitos, Los Altos, Malibu, Martinez, Maywood, Menifee, Merced, Mission Viejo, Montclair, Monterey, Moorpark, Murrieta, Newman, Newport Beach, Norwalk, Novato, Oakdale, Ontario, Orinda, Pacifica, Palm Desert, Palo Alto, Palos Verdes Estates, Paramount, Pasadena, Pinole, Pismo Beach, Placentia, Pleasanton, Poway, Rancho Cucamonga, Rancho Palos Verdes, Rancho Santa Margarita, Redding, Redondo Beach, Ripon, Rocklin, Rohnert Park, Rolling Hills, Rolling Hills Estates, Rosemead, San Buenaventura, San Carlos, San Clemente, San Dimas, San Fernando, San Gabriel, San Jacinto, San Marcos, San Marino, Santa Clara, Santa Clarita, Santa Monica, Santa Paula, Saratoga, Signal Hill, Simi Valley, South Gate, South Pasadena, Stanton, Sunnyvale, Temecula, Thousand Oaks, Torrance, Tracy, Upland, Vacaville, Ventura, Visalia, Vista, West Covina, Westlake Village, Whittier, Yorba Linda, Yuba City Coalition for San Francisco Neighborhoods Coalition to Save Ocean Beach College Street Neighborhood Group College Terrace Residents Association Committee to Save the Hollywoodland Specific Plan Community Associations Institute - California Legislative Action Committee Comstock Hills Homeowners Association Culver City Neighbors United D4ward Durand Ridge United Encinitas Neighbors Coalition Friends of Sutro Park Grayburn Avenue Block Club SB 9 Page 12 Hidden Hill Community Association Hills 2000 Friends of The Hills Hollywood Knolls Community Club Hollywoodland Homeowners Association Howard Jarvis Taxpayers Association Kensington Property Owners Association LA Brea Hancock Homeowners Association Lafayette Homeowners Council Lakewood Village Neighborhood Association Las Virgenes-Malibu Council of Governments Latino Alliance for Community Engagement League of California Cities League of California Cities Central Valley Division Linda Vista-Annandale Association Livable California Livable Pasadena Los Altos Residents Los Angeles County Division, League of California Cities Los Feliz Improvement Association Marin County Council of Mayors and Councilmembers Menlo Park United Neighbors Miracle Mile Residential Association Miraloma Park Improvement Club Mission Street Neighbors Montecito Association Mountain View United Neighbors Neighborhood Council Sustainability Alliance Trees Committee North of Montana Association Northeast Neighbors of Santa Monica Pacific Palisades Community Council Planning Association for The Richmond Riviera Homeowners Association San Gabriel Valley Council of Governments Save Lafayette Seaside Neighborhood Association Shadow Hills Property Owners Association Sherman Oaks Homeowners Association South Bay Cities Council of Governments South Bay Residents for Responsible Development South Shores Community Association SB 9 Page 13 Southwood Homeowners Association Sunnyvale United Neighbors Sunset-Parkside Education and Action Committee Sustainable Tamalmonte Tahoe Donner Association Temecula Valley Neighborhood Coalition Towns of Apple Valley, Colma, Fairfax, Los Altos Hills, Mammoth Lakes, Ross, Truckee, Woodside Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and Town of Danville United Neighbors of Assembly District 24 United Neighbors of Senate District 13 Ventura Council of Governments Verdugo Woodlands West Homeowners Association West Pasadena Residents' Association West Torrance Homeowners Association West Wood Highlands Neighborhood Association Westside Regional Alliance of Councils Westwood Hills Property Owners Association Westwood Homeowners Association Wilshire Montana Neighborhood Coalition Windsor Square Association 290 Individuals ARGUMENTS IN SUPPORT: According to the author, “Senate Bill 9 promotes small-scale neighborhood residential development by streamlining the process for a homeowner to create a duplex or subdivide an existing lot. SB 9 strikes an appropriate balance between respecting local control and creating an environment and opportunity for neighborhood scale development that benefits the broader community. To that end, the bill includes numerous safeguards to ensure that it responsibly creates duplexes and strategically increases housing opportunities for homeowners, renters, and families alike. At a time when many Californians are experiencing economic insecurity caused by the pandemic, this bill will provide more options for families to maintain and build intergenerational wealth – a currency we know is crucial to combatting inequity and creating social mobility. SB 9 provides flexibility for multigenerational housing by allowing homeowners to build a modest unit on their property so that their aging parent or adult child can have an affordable place to live. Building off the successes of ADU law, SB 9 offers solutions that work in partnership with a number bills included in the Senate’s Housing Package, ‘Building Opportunities For All’ aimed at combating the State’s housing crisis.” SB 9 Page 14 ARGUMENTS IN OPPOSITION: According to the League of California Cities, “SB 9 as currently drafted will 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 [HCD].” ASSEMBLY FLOOR: 45-19, 8/26/21 AYES: Aguiar-Curry, Arambula, Berman, Calderon, Carrillo, Cervantes, Chiu, Cooley, Cooper, Megan Dahle, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Lorena Gonzalez, Gray, Grayson, Holden, Jones-Sawyer, Kalra, Lackey, Lee, Low, Mathis, Mayes, Medina, Mullin, Quirk, Quirk-Silva, Ramos, Reyes, Robert Rivas, Rodriguez, Salas, Stone, Ting, Valladares, Villapudua, Ward, Akilah Weber, Wicks, Wood, Rendon NOES: Bauer-Kahan, Bigelow, Bloom, Boerner Horvath, Daly, Davies, Frazier, Friedman, Gabriel, Irwin, Levine, Muratsuchi, Nazarian, O'Donnell, Petrie- Norris, Seyarto, Smith, Voepel, Waldron NO VOTE RECORDED: Bennett, Bryan, Burke, Chau, Chen, Choi, Cunningham, Kiley, Maienschein, McCarty, Nguyen, Patterson, Luz Rivas, Blanca Rubio, Santiago Prepared by: Alison Hughes / HOUSING / (916) 651-4124 8/28/21 11:32:51 **** END **** Alan B. Fenstermacher Direct Dial: (714) 641-3452 E-mail: afenstermacher@rutan.com December 5, 2023 Rutan & Tucker, LLP | 18575 Jamboree Road, 9th Floor Irvine , CA 92612 | 714-641-5100 | Fax 714 -546-9035 Orange County | Palo Alto | San Francisco | Scottsdale | www.rutan.com 2523/012782-0011 19987504.1 a12/05/23 VIA ELECTRONIC MAIL Richard A. Schulman 9834 Apple Tree Drive, Unit C San Diego, California 92124 Richard@SchulmanAtLaw.com Re: SB 9 Application to RR-Zoned Properties in City of Poway Dear Mr. Schulman: I am in receipt of your November 21, 2023 letter regarding your clients’ request to subdivide their parcel pursuant to Senate Bill (“SB”) 9. Your letter argues that the City of Poway’s (“City”) interpretation that SB 9 does not apply to properties within the City’s Rural Residential (RR-A through RR-C) zone is incorrect. While understanding your position, the City’s position is correct for two independent reasons, both unique to the City: 1. As set forth in the Poway Subarea Habitat Conservation Plan (“HCP”), the City’s RR zones serve as a buffer between higher density/intensity land uses and the City’s protected biological habitat areas and open space preserves. (See, e.g., HCP, pp. 3-8 to 3-10, 4-1, 6-48.) Thus, RR zones are exempt from SB 9 pursuant to Government Code sections 65913.4(a)(6)(B) & (I). Staff from the California Department of Housing Development’s (“HCD”) compliance team has verbally endorsed this interpretation. 2. The City’s voter approved Proposition FF prohibits increases in residential density in the City’s RR zones without a vote of the people. The right of the people to pass and adopt initiatives that regulate municipal affairs, such as Proposition FF here, controls over SB 9, pursuant to the California constitution. (Cal. Const. art. II, §§ 1, 11.) Please feel free to contact me if you would like to discuss further. Sincerely, Alan B. Fenstermacher City Attorney, City of Poway