Novato Planning Commission Meeting – June 9, 2025: SB 9 Zoning Amendments and Officer Elections
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Novato Planning Commission Meeting – June 9, 2025
On June 9, 2025, the Novato Planning Commission held a public hearing on proposed amendments to the Municipal Code related to Senate Bill 9 (SB 9) dwelling units and urban lot splits, and conducted elections for Chair and Vice Chair. The meeting began at 7:00 PM at Novato City Hall.
Public Comments & Testimony
- Derek Nell, Director of Staff Housing for the Novato Unified School District, introduced himself to the commission. He reported that the district has been working on workforce housing on surplus properties for about 18 months and is applying for a waiver from the State Board of Education. He expects to notify the commission of a surplus property declaration at the next meeting.
Discussion Items
- SB 9 & Urban Lot Split Amendments (Public Hearing): Senior Planner Vivek Dalma presented a resolution recommending City Council approval of zoning code amendments to comply with SB 9 (California's Home Act) and SB 450. Key changes include eliminating single-family zoning, ministerial approval of up to two dwelling units per parcel, and urban lot splits with a 60-day decision timeline. Commissioners discussed setbacks, access (flag lots), health and safety provisions, owner-occupancy requirements, and the lack of an appeal process due to the tight timeline. Several commissioners expressed concern about the absence of appeals, but after deliberation, the commission decided to approve the resolution as presented, with staff noting they would discuss the appeal issue with the city attorney for potential future consideration. The commission voted unanimously to recommend adoption.
- Election of Chair and Vice Chair: Commissioner Bill Crockett was nominated for Chair but declined. Commissioner Justin Derby was nominated and elected Chair unanimously. Commissioner Peter Tiernan was nominated and elected Vice Chair unanimously.
Key Outcomes
- SB 9 Resolution Approved: The Planning Commission voted 6-0 to adopt a resolution recommending City Council approval of the proposed Municipal Code amendments for SB 9 dwelling units and urban lot splits. Staff will relay the commission's discussion on an appeal provision to the City Council and City Attorney.
- New Leadership Elected: Commissioner Justin Derby was elected Chair, and Commissioner Peter Tiernan was elected Vice Chair, effective immediately.
- Future Meeting: The next Planning Commission meeting is scheduled for June 23, 2025, and will include a general plan consistency report for the Novato Unified School District workforce housing sites.
Meeting Transcript
All right. Just run through it real quick. Commissioner Derby. Hi. Commissioner Ternan. Hi. Commissioner Roche. Hi. Commissioner Stuckenbroker. Aye. And Commissioner Cockett. Hi. All right. Next up is public comments. So this is the portion of tonight's meeting where if someone would like to come forward and speak, they may. They have three minutes, and it has to be something that is unrelated to agenda topics. And I have somebody approaching. Good evening. Hi. Thanks for being here. My name is Derek Nell and I'm the director of staff housing for the Navado Unified School District. And I'm here to introduce myself to the commission. I know a few of you. As we have been at uh the uh development of education workforce housing on our surplus properties for about 18 months now. And uh we are currently in the process of um applying for a waiver through the State Board of Education that will allow us to develop the properties through what we call a request for proposal process, and uh we will be notifying the the planning commission uh of this surplus declaration of surplus property officially, hopefully at our next uh planning commission meeting. So I just wanted uh introduce myself to the new commissioners and uh say hi and uh let you know who I was and uh I hope to see a lot of you in the coming months. Thank you. Thank you. Thank you. Okay. Is there anybody else for public comment? Seeing none, I will move on to the next item. Next up we have consent items, none of which nothing is listed under that topic on the agenda. Same with the next item of unfinished and other business, which brings us to public hearings. And uh tonight we're gonna be staff's gonna be telling us about some amendments to the zoning ordinance related to uh land divisions and Senate Bill 9 and uh kind of sounds like house cleaning matters. So I will give it to staff to take it away. Good evening, commissioners. My name is Vivek Dalma Darren, senior planner with the city's planning division. Tonight the planning commission will be considering adoption of a resolution recommending to the city council approval of the repeal of ordinance number 1678, which is an urgency ordinance that established the regulations for Senate Bill 9 or SB9, uh dwelling units and urban lot splits, and amendments to the Nevada Municipal Code to establish section 19.34.029, which specifies standards for SB9 dwelling units, uh, and to establish section 9-8, which specifies standards for uh urban lot splits, uh, and also to modify existing and add new text to clarify various provisions applicable to SB9 dwelling units and urban lot splits. These amendments are required to comply with the uh with state legislative sections regulating housing development projects and urban lot splits as contained in California government code sections 6585 2.21 and 66411.7 in 2021 the governor signed Senate Bill 9, which was which is referred to as California's Home Act into law. This bill eliminates single-family residential zoning by a mandate mandating local jurisdictions ministerially approve the creation of up to two dwelling units on an existing parcel located within a single family zoning district, and to also approve the land division of single-family residentially zoned parcels into two parcels on which two dwelling units uh may be constructed uh on each resultant parcel. SB9 took effect on January 1, 2022 and is codified in California government code sections 6585 2.21 and 66411. In 2024, uh the governor signed Senate Bill 450, which took effect on January 1, 2025, and builds on SB9 to further reduce restrictions on the construction of SB9 dwelling units and urban lot splits. Similar to accessory dwelling units, state law has become more directive in its language with respect to what an agency must accept with regards to SB9 dwelling units and urban lot splits. Staff's recommended revisions represent the minimums and maximums stipulated in state law. Following the introduction of SB9 into state law, uh in 2022, the city adopted this uh an urgency ordinance to implement regulations specific to the forms of development mandated by SB9. Staff has since received several SB9 and urban lot split applications and has continuously processed these requests in accordance with state law, including the most the more recent legislative changes brought forward by SB450. SB450 builds on Senate 9 SB9 and has made the following notable changes. With objective standards, state law now prohibits local agencies from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within an underlying zoning district. SB9 dwelling units can now only be required to comply with the development standards applied applicable to a single family home proposed within the same zoning district.
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