The Board will hold a public hearing on Order SB9
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By Breeana Greenberg
Dana Point City Council will hold a public hearing on Tuesday evening, February 15, to discuss a potential zoning code amendment intended to establish regulations for homeowners looking to build a duplex or divide their land in an area residential.
If approved, the amendment would comply with the new requirements of the controversial housing development measure, Senate Bill 9, while allowing the city to also assert local control through guidelines. and standards.
Senate Bill 9, which took effect Jan. 1, aims to address California’s housing shortage by allowing homeowners to build a duplex or split their single-family lot without discretionary city review, as long as the project does not not require the demolition of affordable housing or more than 25% of the exterior walls of the existing unit.
Prior to the bill’s passage, in August 2021, City Council voted unanimously, in the absence of Mayor Joe Muller, to send a letter to the state opposing SB 9.
In the letter, the city argued that SB 9 requires more housing in single-family areas without evidence that more housing would translate into more affordable housing. The letter goes on to state that “this bill is particularly harmful to local governments because it would override local land use authority, resulting in a loss of local control and local decision-making.”
Following the passage of the bill, the Planning Commission voted to create an ad hoc committee to assess what local controls the city could enforce within the limits of the law. The ordinance, which will be voted on Tuesday, would create rules for applicants wishing to create a duplex in a single-family area or divide their lot.
Under the proposed ordinance, no more than two units, including secondary suites or junior secondary suites, would be permitted on any one lot. Each unit cannot exceed 800 square feet with one bedroom and must be connected by a permanent wall, ceiling or floor.
HOA approval would be required to build a single-family residential duplex, and condominiums would not be permitted. The owner of the property will be required to live in one of the units. Units should be used for long-term accommodations, not short-term rentals. Applicants would be required to obtain a single-family residential duplex permit.
One off-street parking space would be required per unit. In addition, a duplex cannot be built on a non-compliant structure.
Candidates wishing to divide their lot would be subject to the same constraints as those wishing to build a duplex. Lots can only be split into two plots and cannot be further split in the future. The original batch must not have been previously created through a batch split.
Each lot must not be less than 1,200 square feet. A parcel cannot be less than 40% of the original lot. No more than two units may be built on each lot, including secondary suites or junior secondary suites. As with the Duplex Bylaw, condominiums are not permitted. Lots located in coastal cliffs or areas zoned for conservation will not be able to be divided.
Applicants will be required to obtain an urban lot split permit. All duplexes and lot divisions will be required to adhere to the Dana Point municipal code.
If the city council does not pass an ordinance consistent with state law, applications to divide a residential lot will be subject to the requirements outlined in SB 9.
Those wishing to speak on the ordinance may do so at the City Council meeting at City Hall, 33282 Golden Lantern, Dana Point, Tuesday at 6 p.m. or by submitting comments via email to [email protected] danapoint.org.
Breeana Greenberg is the city reporter for the Dana Point Times. She graduated from Chapman University with a Bachelor of Arts in English. Prior to joining Picket Fence Media, she worked as a freelance journalist for the Laguna Beach Independent. Breeana can be reached by email at [email protected]
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