DISCUSSION:
SB 9 allows cities to impose objective zoning, subdivision, and design standards (collectively “objective development standards”) on covered lot splits and two-unit projects. An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion.
The proposed Urgency Ordinance establishes such standards for SB 9 projects in the Town. Among other things, the ordinance includes regulations governing setbacks, parking, architecture and landscape, fire safety, minimum lot size, and maximum unit size for urban lot splits and two-unit projects. If the Town Council does not adopt the proposed Urgency Ordinance, then the Town would thereafter be limited to applying the Apple Valley Municipal Code’s existing objective development standards — which did not anticipate and were not enacted with ministerially-approved lot splits and two-unit projects in mind. Approving such projects based solely on the Code’s existing standards would, among other things, threaten the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety.
For these reasons, staff is recommending adoption of the proposed Urgency Ordinance, which contains findings regarding the immediate preservation of public peace, health, and safety in accordance with Government Code section 36937, subdivision (b). Adoption of the proposed Urgency Ordinance will require an affirmative four-fifths vote of the Town Council. Upon adoption, the Urgency Ordinance takes effect immediately.
Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 (SB 9) and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, adoption of the proposed Urgency Ordinance is statutorily exempt from CEQA in that the proposed Urgency Ordinance implements these new laws enacted by SB 9.
Implications of the Town’s Adopted LAMP on SB 9, and other changes in regulations:
In consultation with Town staff and the Town Attorney’s office, SB 9 does not preempt the Local Agency Management Plan (LAMP). The LAMP states that septic or similar systems can be utilized for existing and new developments where the domestic wastewater flow does not exceed 500 gallons per acre per day or two equivalent dwelling units (EDUs) per acre density. Therefore, any new construction of dwelling units shall comply with the LAMP, as well as Town sewage regulations. In addition, the LAMP states that individual lots created by subdivision after the effective date of the LAMP shall have a minimum net area as identified on Figure 1-2 (Zone Map), but in no case less than one acre (total gross lot size).
Due to limitations of the Town’s adopted LAMP, an SB 9 two-unit project could not be constructed on a property that is under one gross acre in size and not connected to sewer.
The impact of SB 9 to properties without sewer is almost identical to the current adopted Accessory Dwelling Unit (ADU) regulations. A major change mandated by SB 9 is that the two dwelling units shall be a minimum of 800 square feet in size each unit, whereas the minimum house size for a primary dwelling is currently 1,200 square feet. Presently, an ADU can be a maximum of 1,200 square feet or 50% of the size of the primary building, whichever is greater.
Due to limitations of the LAMP, properties under one gross acre without a sewer connection will not qualify for an SB 9 urban lot split. Only properties under gross one acre in size that are connected to sewer will qualify for urban lot splits. As sewer is extended into the community, more properties will qualify for urban lot splits and two-unit projects under SB 9. In addition, lots created by an urban lot split shall be required to comply with the site frontage minimum on a public right of way of the underlying zone (i.e. 60 feet to 90 feet). Under the Urgent Ordinance, flag lots will continue not to be permissible unless the necessary criteria can be meet such as having topographical constraints or must have a minimum lot size of one acre in size. Under the Urgent Ordinance, all SB 9 two-unit projects will be required to comply with the Design Criteria Checklist and Landscaping Requirements for Single Family Residential.
Under SB 9, a major residential subdivider will not qualify for an urban lot split, as the owner of the lot split must agree to occupy one of the dwellings for a minimum of three years. On the other hand, a developer could apply for a subdivision of two-unit projects, but only if the subdivision will be connected to sewer. Otherwise, only subdivisions of lot sizes over one gross acre will qualify for a two-unit project when not connected to sewer.
Implications of SB 9 on street improvements
SB 9 disallows a local agency, the Town, from imposing regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. Local fire code standards, however, may still be imposed for health and safety issues related to physical, legal and improved access.
FISCAL IMPACT:
There is no fiscal impact relating to this agenda item.
ATTACHMENTS:
1. Urgency Ordinance
2. Exhibit A to Urgency Ordinance
3. Exhibit B to Urgency Ordinance
Ordinance 548
ORDINANCE NO. 548
AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF APPLE VALLEY ADDING A NEW SECTION
9.71.170 TO THE TOWN OF APPLE VALLEY
DEVELOPMENT CODE RELATING TO URBAN LOT
SPLITS, ADDING A NEW SECTION 9.29.220 TO THE
TOWN OF APPLE VALLEY DEVELOPMENT CODE
RELATING TO TWO-UNIT PROJECTS IN COMPLIANCE
WITH SENATE BILL 9, AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the Town of Apple Valley, California (“Town”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect on January 1, 2022 and preempts any conflicting Town ordinance; and
WHEREAS, the Town desires to amend its local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 law because if the Town does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9, the Town would be limited to applying the few objective standards that are already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial twounit projects in mind; and WHEREAS, the approval of urban lot splits and two-unit projects based solely on the Town’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify
Ordinance 548
adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the Town Council; and WHEREAS, to protect the public safety, health, and welfare, the Town Council may adopt this Ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b).
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. CEQA. Under California Government Code Sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
In addition to being statutorily exempt from CEQA, the proposed Ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines Section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines Section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the Town Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines Section 15300.2, apply here. Specifically, the Town Council finds that the Ordinance will:
Ordinance 548
(1) Not result in a potentially significant cumulative impact as two-unit projects and minor subdivisions are exempt from CEQA;
(2) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances because two-unit projects and minor subdivisions are exempt from CEQA;
(3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway because the Town does not have any state scenic highways and new development is required to comply with open spaces, drainage, and historical resources regulations. (4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code because no property zoned residential is located on a hazardous waste site nor authorizes construction on a hazardous waste site; or
(5) Not result in a substantial adverse change in the significance of a historical resource because historical resources are subject to separate permitting system, and the Town does not have any State registered historical residential structures.
Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.
SECTION 3. Urban Lot Splits. Chapter 9.71 of the Town of Apple Valley Development Code is hereby amended by adding a new Section 9.71.170 to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 4. Two-Unit Projects. Chapter 9.29 of the Town of Apple Valley Development Code is hereby amended by adding a new Section 9.29.220 to read in its entirety as provided Exhibit “B,” attached hereto and incorporated herein by this reference.
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon its adoption.
SECTION 6. Publication. The Town Clerk shall certify to the adoption of this Ordinance and shall cause a summary of the same to be published in a newspaper of general circulation and then be published and circulated in the Town of Apple Valley within fifteen (15) days following its adoption, pursuant to Government Code § 36933.
Ordinance 548
SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 8. Notice of Exemption. The Town Council hereby directs staff to prepare, execute, and file with the San Bernardino County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 8 th
day of February, 2022 by the following vote:
__________________________
Kari Leon
Mayor
ATTEST:
__________________________
La Vonda M-Pearson
Town Clerk
APPROVED AS TO FORM:
____________________
Thomas A. Rice
Town Attorney
Exhibit A
Section 9.71.170 Urban Lot Splits
(a) Purpose. The purpose of this Section is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7. (b) Definition. An “urban lot split” means a subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this Section. (c) Application.
(1) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for an urban lot split must be submitted on the Town’s approved form. Only a complete application will be considered. The Town will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(3) The Town may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the code, in accordance with applicable law. The Town council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Assistant Town Manager or his or her designee, without discretionary review.
(2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires one year after approval.
(3) The approval must require the owner and applicant to hold the Town harmless from all claims and damages related to the approval and its subject matter.
(4) The approval must require the owner and applicant to reimburse the Town for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this Section.
(B) If an urban lot split violates any part of the SMA, the Town’s subdivision regulations, including this Section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The Town has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
(C) Notwithstanding Section 66411.1 of the SMA, no dedication of rights-ofway or construction of offsite improvements is required for an urban lot split.
(2) Zone. The lot to be split is in a single-family residential zone. For purposes of this Section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
(3) Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
(4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor
may the lot be or be within a site that is designated by ordinance as a Town or county landmark or as a historic property or district.
(5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. “Any person acting in concert with the owner” means any third-party that coordinates or assists the owners of two or more adjacent lots with their respective urban lot splits. (6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The Town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the Town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(7) Lot Size.
(A) The resulting lots must each be at least 1,200 square feet. (B) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner must enter into an easement agreement with each publicservice provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (d)(2) above.
(D) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the Town will provide, a notice of termination of the easement, which the owner may record.
(9) Lot Access.
(A) Each resulting lot must adjoin the public right of way. (B) Each resulting lot must have objective minimum site frontage on the public right of way that are imposed through the underlying zone. The allowance for flags lots shall be permissible only if the lot split is consistent with objective criteria under Section 9.28.050(I). (10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 9.29.220 of this code, an ADU, or a JADU.
(B) Unit Size. The total floor area of each primary dwelling that is developed on a resulting lot must each be 800 square feet or greater. (C) Height Restrictions. Each dwelling unit must conform to those objective height restrictions that are imposed through the underlying zone. (D) Lot Coverage. Each lot must conform to those objective lot coverage standards that are imposed through the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(E) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(10)(E) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front & Street-Side Setback Area. Front and street-side setbacks must conform to those objective front and street-side setback requirements that are imposed through the underlying zone. The front and street-side setback area must also:
(I) have landscaping that meets the objective landscaping requirements set forth in Chapter 9.75 of the Development Code. The Landscape Requirements in Chapter 9.75 shall
be based on whether the units are within a Single-Family Residential Tract or a Single-Family In-Fill Development; and
(II) allow for vehicular and fire-safety access to the front structure.
(F) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a permanent, marked carshare vehicle location. (G) Architecture. Each dwelling unit must conform to the design requirements set forth in the Town’s Design Criteria Checklist for single family residence as adopted by the Planning Commission. (H) Landscaping. Landscaping on each lot must conform to those objective landscaping requirements set forth Chapter 9.75 of the Development Code. The Landscape Requirements in Chapter 9.75 shall be based on whether the units are within a Single-Family Residential Tract or a SingleFamily In-Fill Development; and (I) Nonconforming Conditions. An urban lot split may be approved without requiring an existing legal nonconforming zoning condition to be corrected.
(J) Utilities.
(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(K) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (11) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with those objective fire-hazard mitigation measures that are imposed through the underlying zone.
(B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (e)(11). The Town or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the Town’s costs for inspection.
Failure to pay is grounds for denying the application.
(12) Separate Conveyance.
(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
(13) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(B) No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
(C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. (14) Deed Restriction. The owner must record a deed restriction, acceptable to the Town, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban lot split.
(C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) States that the property is formed by an urban lot split and is therefore subject to the Town’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this Section, the Town may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) LAMP Compliance. Notwithstanding anything else in this Section, an urban lot split may not be approved unless it conforms to the objective requirements of the Town’s current Local Agency Management Plan.
Exhibit B
Section 9.29.220 Two-unit Projects
(a) Purpose. The purpose of this Section is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21. (b) Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this Section.
(c) Application.
(1) Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for a two-unit project must be submitted on the Town’s approved form.
(3) The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application. (4) Only a complete application will be considered. The Town will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(5) The Town may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the code, in accordance with applicable law. The Town council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a two-unit project is approved or denied ministerially, by the Assistant Town Manager or his or her designee, without discretionary review. (2) The ministerial approval of a two-unit project does not take effect until the Town has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3) The approval must require the owner and applicant to hold the Town harmless from all claims and damages related to the approval and its subject matter.
(4) The approval must require the owner and applicant to reimburse the Town for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
(e) Requirements. A two-unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in a single-family residential zone. For purposes of this Section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. (3) Lot Location.
(A) The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
(4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a Town or county landmark or as a historic property or district.
(5) No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The Town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the Town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(6) Unit Standards.
(A) Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this Section of this code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a two-unit project under this Section, plus any ADU or JADU that must be allowed under state law and the Town’s ADU ordinance.
(B) Unit Size. The total floor area of each primary dwelling built that is developed under this Section must be 800 square feet or greater. (C) Height Restrictions. Each dwelling unit must conform to those objective height restrictions that are imposed through the underlying zone. (D) Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. (E) Lot Coverage. Each lot must conform to those objective lot coverage standards that are imposed through the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(F) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(6)(F) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front & Street-Side Setback Area. Front and street-side setbacks must conform to those objective front and street-side setback requirements that are imposed through the underlying zone. The front and street-side setback area must also:
(I) have landscaping that meets the objective landscaping requirements set forth in Chapter 9.75 of the Development Code. The Landscape Requirements in Chapter 9.75 shall
be based on whether the units are within a Single-Family
Residential Tract or a Single-Family In-Fill Development; and
(II) allow for vehicular and fire-safety access to the front structure.
(G) Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a permanent, marked carshare vehicle location. (H) Architecture. Each dwelling unit must conform to the design requirements set forth in the Town’s Design Criteria Checklist for single family residence as adopted by the Planning Commission. (I) Landscaping. Landscaping on each lot must conform to those objective landscaping requirements set forth Chapter 9.75 of the Development Code. The Landscape Requirements in Chapter 9.75 shall be based on whether the units are within a Single-Family Residential Tract or a SingleFamily In-Fill Development; and (J) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
(K) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (L) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this Section is a change of use and subjects the whole of the lot, and all structures, to the Town’s current code.
(7) Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with those fire-hazard mitigation measures that are imposed through the underlying zone.
(8) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments are not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(9) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot. (B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
(10) Deed Restriction. The owner must record a deed restriction, acceptable to the Town, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
(E) States that the property is formed by an urban lot split and is therefore subject to the Town’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this Section, the Town may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) LAMP Compliance. Notwithstanding anything else in this Section, a two-unit project may not be approved unless it conforms to the objective requirements of the Town’s current Local Agency Management Plan.
(h) Remedies.
If a two-unit project violates any part of this code or any other legal requirement:
(1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The Town may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the Town’s code.
Town Council Agenda Report
Date: February 8, 2022
To: Honorable Mayor and Town Council
Subject: FIRST PUBLIC HEARING FOR REDISTRICTING AND
CONSIDERATION OF ORDINANCE TO ESTABLISH SEPARATELY
ELECTED MAYOR AND ALLOW MAPS TO BE ADOPTED BY
RESOLUTION
From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice, Town Attorney
La Vonda Pearson, Director of Government Services
Budgeted Item: Yes No N/A
RECOMMENDED ACTION:
A. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and
B. Conduct a public hearing to receive public input on district boundaries; and if desired by the Town Council:
C. Introduce, read by title only, and waive further reading of ORDINANCE NO.549 –
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION 2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE TRANSITIONING
TO BY-DISTRICT ELECTIONS FOR FOUR COUNCILMEMBERS AND AN AT-LARGE
MAYOR AND ALLOWING MAPS TO BE ADOPTED BY RESOLUTION
BACKGROUND:
In 2019, in response to a threat of litigation under the California Voting Rights Act and like many jurisdictions throughout the state, the Town transitioned from an at-large to a bydistrict election system. The Town did so after a lengthy public outreach process, which included holding five public hearings and a workshop. The Town is presently divided into five districts, which were based on the following factors:
Geography
o Use major roadways as dividing lines
o Consider future growth areas
Communities of Interest
o Attempt to keep distinct communities together
o Attempt to place some commercial property in every district o Attempt to place some parks or open space in every district o Attempt to split the North Apple Valley Industrial Specific Plan (NAVISP) so a single council member is not responsible for the entire area Cohesiveness, Contiguity, Integrity, and Compactness of Territory o Accept that it will be natural for their to be a wide variation in district size due to lack of density in various parts of Town
o Do not prioritize trying to make districts the same size in area terms In November 2020, the Town held its first by-district elections. Districts 1 and 2 were the subject of the election. Incumbent candidates were not challenged during the election and were, therefore, reelected automatically.
On January 11, 2022, the Town Attorney provided an update on the redistricting process.
At that meeting, the Town Council requested the Town Attorney provide the Town Council with an opportunity to consider a transition to a “4+1” system with an at large Mayor. On January 24, 2022, the Town entered into a contract with National Demographics Corporation (NDC) to perform redistricting services, including the drawing of maps.
DISCUSSION:
Redistricting
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed.
This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the Town of Apple Valley must be completed by April 17, 2022.
The Town’s districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the Town Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):
1. Comply with the federal requirements of equal population and the Voting Rights Act;
2. Be geographically contiguous;
3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together);
4. Display easily identifiable boundaries;
5. Be compact (do not bypass one group of people to get to a more distant group of people); and
6. Shall not favor or discriminate against a political party.
Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
1. Minimize the number of voters delayed from voting in 2022 to 2024;
2. Respect voters’ choices/continuity in office; and
3. Future population growth.
By law, the Town must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
At least one hearing must occur before the agency draws draft maps; At least two hearings must happen after the drawing of draft maps (the fourth hearing can happen either before or after the drawing of draft maps); and Agency staff or consultants may hold a public workshop instead of one of the required public redistricting hearings.
To increase the accessibility of these hearings, the Town must take the following steps:
At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday;
If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must be begin at a pre-designated time; and Local public redistricting hearings must be made accessible with people with disabilities.
The Town has set the following schedule for the redistricting process:
February 8, 2022 First Public Hearing - Hearing begins at 7:30 p.m.
February 22, 2022 Second Public Hearing
March 1, 2022 Draft Maps Released; Mapping Tool Released to Public
March 8, 2022 Third Public Hearing - Consideration and input on proposed draft maps
March 15, 2022 New Maps released - if any
March 22, 2022 Fourth Public Hearing and Adoption of Map The purpose of this public hearing is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A community of interest under the relevant Elections Code for the Town
(Section 21621(c)) is, “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.”
Possible features defining community of interest might include, but are not limited to:
1. School attendance areas;
2. Natural dividing lines such as major roads, hills, or highways;
3. Areas around parks and other neighborhood landmarks;
4. Common issues, neighborhood activities, or legislative/election concerns; and
5. Shared demographic characteristics, such as:
• Similar levels of income, education, or linguistic isolation; • Languages spoken at home; and
• Single-family and multi-family housing unit areas.
The Town’s consultant will provide analysis of the Town’s current district boundaries, adjusted for the 2020 Census data, and whether they remain population-balanced.
Determining population balance is done by measuring the spread, or deviation, between the least populated district and the greatest populated district. Deviations of 10% or less are generally considered acceptable under U.S. Supreme Court rulings on the equal population standard under the U.S. Constitution. If the districts are no longer population balanced, at a minimum, the district boundaries must be adjusted to achieve a population balance with less than a 10% deviation.
Another consideration is the distribution of minority voters throughout the Town, and whether there is a possibility of creating a majority/minority voting district as addressed in the federal Voting Rights Act. This analysis involves reviewing the ethnicity demographics from the census data, specifically citizens of voting age populations (CVAP). Upon review of the City’s CVAP data, creation of a majority/minority voting district (a district in which an identified minority comprises the majority of voting age population) may not be possible. Further analysis of this data will occur when draft maps are proposed. A complete demographic breakdown of the existing districts is attached to this report.
Proposed Ordinance
As noted above, at its January 11 meeting, the Town Council asked to explore the possibility of transitioning to a “4+1” system with a directly elected Mayor. The Town Attorney’s Office has prepared a draft ordinance that would achieve this goal. In order to ensure the Town can achieve the April deadline for redistricting, and to reduce future bureaucracy, the ordinance also permits the adoption of district maps by resolution.
Traditionally, cities wishing to transition to a directly elected Mayor would be required to submit the question to voters in accordance with Government Code section 34900 et seq.
However, in response to early challenges under the California Voting Rights Act (CVRA), the state legislature adopted SB 493, which added Section 34886 to the Government Code. This new law allows the legislative body of a city, e.g., the Town Council, to adopt an ordinance requiring members to be elected either wholly by district or by district with an elective mayor without submitting the question to voters. Such an ordinance must be adopted with a declaration that the change is being made in furtherance of the CVRA.
The election of an at large Mayor may be in furtherance of the CVRA for a number of possible reasons including, but not limited to: (1) the Town’s first elections without at large council seats were uncontested and, therefore, slightly increasing the size of districts might result in increased interest in running for office and therefore result in more democracy; (2) the Town’s last competitive elections were at large and, therefore, the adjustment to a “4+1” system will still result in greater minority voting power than at prior competitive elections of the Town; (3) it is possible to draft new four-district maps which provide minority voters with very similar, and perhaps even greater, voting power to that under legally defensible five-district maps; and (4) the addition of an at-large mayoral component provides minority voters with an additional opportunity to coordinate with other voter segments to influence the outcome of an election (for example, in addition to coordination within a district with a higher minority population on a district election, minority voting groups may find greater success coordinating with another subset of voters from the Town at large in the election of an at large Mayor).
In addition to deciding whether to proceed with the adoption of a “4+1” system, the Town Council may elect to make the term of the at large Mayor two years rather than the Town’s traditional four-year term. Such a change would obviously increase the opportunity for all Town voters to influence elections more regularly. However, there may be a cost to stability as the composition of the Council could change every two years. If Council wishes to move forward with two year terms, this minor change may be made to the proposed ordinance prior to introduction at the meeting.
FISCAL IMPACT:
The redistricting process should cost the Town approximately $50,000 depending on the number of public meetings the consultant attends. However, the Town must incur this cost in order to comply with applicable law. The proposed ordinance involves relatively minimal staff time. However, if adopted, staff may need to incur costs in reviewing the Town’s Code to ensure it is otherwise consistent with an at large Mayor in advance of the next election. In addition, long term, there may be an additional cost if the City Council chooses to go with the two-year option as this may result in an additional election cost every four years.
ATTACHMENTS:
1. Current District Map
2. Proposed ORDINANCE NO. 549 – ORDINANCE NO. 549 – AN ORDINANCE OF
THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING
SECTION 2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE
TRANSITIONING TO BY-DISTRICT ELECTIONS FOR FOUR
COUNCILMEMBERS AND AN AT-LARGE MAYOR AND ALLOWING MAPS TO
BE ADOPTED BY RESOLUTION
2 4
3 5
1 15
15 Apple Valley Arprt
18 18
Bear Valley Cutoff
Apple Valley Rd
Falchion Rd
Rincon Rd
Kiowa Rd
Nisqually Rd
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ajo
R
d
Thunderbird Rd
D
ale
E
v
a
ns P
kw
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Otoe Rd
Johnson Rd
Tussing Ranch Rd
B
u
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Vista
St
Ce
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al Rd
Ramona Ave
Papago Rd
Lafayette St
Colusa Rd
National Demographics Corporation, June 3, 2019
Map layers
Districts
Water Area
Streets
Landmark Point
Pipeline/Power Line
Railroad
River
Voting District Map
Adopted July 23, 2019
ORDINANCE NO. ___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY AMENDING SECTION 2.04.140 AND
ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE
2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE
TRANSITIONING TO BY-DISTRICT ELECTIONS FOR
FOUR COUNCILMEMBERS AND AN AT-LARGE MAYOR
AND ALLOWING MAPS TO BE ADOPTED BY
RESOLUTION
WHEREAS, the Town of Apple Valley currently elects five Councilmembers using by-district single-member districts; and
WHEREAS, California Government Code section 34886 permits the Town Council to change the Town’s method of election by ordinance, with certain formalities, to require the members of the legislative body to be elected by-districts with an elective mayor; and WHEREAS, pursuant to California Government Code section 34886, it is declared that the purpose of this change in the method of electing Councilmembers is to further the purposes of the California Voting Rights Act of 2001, (California Elections Code section 14025 et. seq.) and implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and WHEREAS, the Town Council finds that transitioning to four single-member districts and an at-large mayor would further the purposes of the California Voting Rights Act of 2001 by increasing minority participation in Town elections and encouraging voter participation in electing an at-large mayor; and
WHEREAS, this Ordinance would increase the rights of minority votes to elect candidates of their choice and increase their influence in the outcome of Town elections; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of Councilmembers by-district in four single-member districts and the election of a Mayor by an at-large election for a term of 4 years; and
WHEREAS, the Town Council wishes to permit the adoption of new maps as part of the redistricting process by resolution; and
WHEREAS, on February 8, 2022, the Town Council introduced, read by title, and waived further reading of this Ordinance.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. By-District Elections. Section 2.04.140 to Chapter 2.04 of Title 2 of the Town of Apple Valley Municipal Code is amended to read as follows:
“2.04.140 – By-District Elections of Councilmembers.
A. By-District Elections. Pursuant to California Government Code § 34886, members of the Town Council of the Town of Apple Valley shall be elected by-district in five four single-member districts..
1. Members of the Town Council shall be elected in the electoral districts established by subdivision B of this Section and subsequently reapportioned as provided by State law.
Elections shall take place “by district” as that term is defined in California Government Code section 34871, meaning one Councilmember shall be elected from each district, by the voters of that district alone.
2. A Councilmember elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for Town Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued.
3. Termination of residency in a district by a Councilmember shall create a vacancy for that Town Council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency.
4. Notwithstanding any other provision of this Section, the Councilmembers in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy occurs before the expiration of the term of a Councilmember in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the Town. A person appointed or elected to fill such a vacancy shall hold the office in accordance with the General Law and applicable provisions of the Town of Apple Valley Municipal Code.
B. Town Council Districts and District Elections. All five four Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled “Town of Apple Valley District Map” attached as Exhibit A, a copy of which shall be on file in the Town Clerk’s office. In 2020 2022, and every
four years thereafter, the following two Town Council districts shall be elected by-district: District 3 and District 4. In 2022 2024, and every four years thereafter, the following three two Town Council districts shall be elected by-district: District 1; and District 2.
C. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the Town Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law. The Town Council may adopt and amend such boundaries by Resolution and the Town Clerk shall cause a copy of such boundaries to be attached to this Municipal Code upon adoption.”
SECTION 3. At-Large Election of Mayor. Section 2.04.150 is hereby added to Chapter 2.04 of Title 2 of the Town of Apple Valley Municipal Code to read as follows:
“2.04.150 – At-Large Election of Mayor.
Pursuant to California Government Code § 34886, beginning with the election in 2022, the Mayor shall be voted on at-large and shall have a term of four years.” SECTION 4. CEQA. Based upon the whole of the administrative record before it, the Town Council hereby finds that a transition to four Councilmembers and an at-large Mayor is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this Ordinance is an organizational and administrative activity of the Town, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the San Bernardino County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 7. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Apple Valley, California, at a regular meeting held on the ___ day of _______ 2022 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
__________________________
Kari Leon
Mayor
ATTEST:
__________________________
La Vonda M-Pearson
Town Clerk
APPROVED AS TO FORM:
__________________________
Thomas A. Rice
Town Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
TOWN OF APPLE VALLEY )
I, La Vonda M-Pearson, Town Clerk, hereby certify that the attached is a true copy of Ordinance No. _____, introduced by the Town Council of the Town of Apple Valley, California, at a _______ meeting held the ____ day of _______, 2022. Ordinance No. _____ was approved, passed and adopted at a regular meeting held at the ___ day of _______, 2022.
WITNESS my hand and official seal of the Town of Apple Valley this ___ day of ____________ 2022.
______________________________
La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: February 8, 2022
To: Honorable Mayor and Town Council
Subject: VACANCY ON THE PARK AND RECREATION COMMISSION
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
Town Clerk
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
Council Member Cusack to nominate: ____________ to the Town of Apple Valley Park and Recreation Commission.
SUMMARY:
A vacancy currently exists on the Town of Apple Valley Park and Recreation Commission.
It is appropriate at this time for Council Member Cusack, the appointing member, to nominate one (1) person to the Apple Valley Park and Recreation Commission.
Town Council Agenda Report
Date: February 8, 2022
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Town Manager
Budgeted Item: Yes No N/A
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.
B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.
C. Conference with Real Property Negotiators – Pursuant to Government Code.
Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company, Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation: Price and Terms of Payment.
D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case No.:
CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.