At a recent special meeting, Sonoma’s Planning Commission reviewed modifications to the city’s SB9 ordinance, and at its next meeting will finalize its recommendations to the City Council.
An illustration showing how SB9 increases housing density
SB9 is a 2022 state housing law permitting the subdivision of single-family lots into two separate lots by right (meaning that no use permit or Planning Commission approval is required, and the application must be approved ministerially by the city’s Development Director), and the construction of two residential units on each lot. Each of the units must be at least 800 square feet in size and maintain a required setback of four feet from the property line. Subdivided lots must be a minimum of 1,200 square feet in size.
The modified ordinance will replace one already in effect, expanding the number of residential zones to which SB9 applies and eliminating some requirements that have been determined to be beyond the legal scope of allowed regulation. For example, the original ordinance required one of the units to be designated as Affordable, but the state law does not allow it.
Notably, the commission majority agreed that SB9 applies to the Low Density Residential zone (RL), the housing zone that contains the largest number of housing parcels in the City of Sonoma. This means that a lot which currently has one residence located on it can be subdivided and developed with up to four residences. Historic Districts are exempt from the provision of SB9.
At this time, only one application for a subdivision of a lot under the terms of SB9 has been submitted to the city, which reflects an overall pattern in the State of California. Passed by the legislature and signed into law by the governor, SB9 was intended to stimulate the creation of more housing but has been mostly ineffective as compared to the law permitting the creation of ADUs by right according the the city’s land-use attorney.
Ultimately, the final SB9 ordinance will come before the Sonoma City Council for approval.
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