Agenda — Arvin City Council, April 9, 2024 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY APRIL 09, 2024 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Daniel Borreli

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Daniel Borreli Mayor
Susana Reyes Mayor Pro Tem
Donny Horton Councilmember
Juan Murillo Councilmember
Tim Tarver Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

PUBLIC COMMENTS:

The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.

CONDUCT IN THE CITY COUNCIL CHAMBERS:

Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).

Removal from the Council Chambers:

Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.

AMERICANS with DISABILITIES ACT:

In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Arvin City Council Meeting Agenda – April 09, 2024

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___

2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of March 22, 2024 – April 04, 2024.

B. Approval of Payroll Register(s) of March 29, 2024.

C. Approval of the Minutes of the Regular Meeting(s) of March 26, 2024.

D. Approval of A Resolution of the City Council of the City of Arvin Approving An Application for Funding and the Execution of A Grant Agreement and Any Amendments Thereto from the 2023 and/or 2024 Funding Year of the State of CDBG Program.

Staff recommends approval of the consent agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adopting Code Amendment to Title 16 Subdivisions, Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map – Expiration and Extension; Adding Chapter 16.06 Urban Lot Splits; and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA). (City Planner) Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ Arvin City Council Meeting Agenda – April 09, 2024

Page 2 of 3 ends

B. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adopting ZCA 2023-05 – Title 17 Zoning; Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions Adding New Definitions and Deleting Outdated Definitions; Amends Chapter 17.06 Zones and Zoning Map by Amending the R-1 Zone Title; Amends Chapter 17.08 R-1 Zone Adding Two-Dwelling Unit Development for Single Family Zoned Properties and Various Miscellaneous Amendments; Amends Chapter 17.50 Miscellaneous Regulations by Adding Section

17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as Deleting Outdated Requirements and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA). (City Planner)
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___

5. DISCUSSION ITEM(S)
A. Police Chief’s Advisory Panel
B. Arvin Power Company

6. CITY MANAGER’S REPORT

7. COUNCIL MEMBER COMMENTS

8. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): four cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. Conference with Labor Negotiators (Government Code §54957.6) Title: City Manager
Arvin City Council Meeting Agenda – April 09, 2024

Page 3 of 3 ends

9. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated April 04, 2024.

Cecilia Vela, City Clerk
3/28/2024 4:25:30 PM Page 1 of 7
Payment Register
City of Arvin APPKT00642 - FOR AP 3/28/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
30,456.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 30,456.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 240740003415 MEDICAL APRIL 2024 03/25/2024 03/25/2024 0.00 30,456.49 1183
Vendor Number

BRET BARKER
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount AGITATOR SEMINAR AGITATOR SEMINAR PER DIEM MARCH 21-22 ,2024 03/15/2024 03/15/2024 0.00 185.00 1614
Vendor Number
CAROLLO ENGINEERS, INC.

Total Vendor Amount
7,139.58
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 7,139.58
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FB45590 PROF. SERVICES THROUGH 12/31/2023 01/04/2024 01/04/2024 0.00 3,805.08 FB46883 PROF. SERVICES THROUGH 1/31/24 02/07/2024 02/07/2024 0.00 3,334.50 1205
Vendor Number

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,725.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 3,725.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4662 ARVIN LANDSCAPE & MAINT LLMD NO. 1 FEB 2024 02/29/2024 02/29/2024 0.00 3,000.00 4663 ARVIN LANDSCAPE & MAINT LLMD NO. 2 FEB 2024 02/29/2024 02/29/2024 0.00 725.00 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1117848 LTR 450 DISPATCH PW MARCH 2024 03/01/2024 03/01/2024 0.00 240.00 1117849 LTR 450 DISPATCH TRANSIT MARCH 2024 03/01/2024 03/01/2024 0.00 180.00 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
218.41
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 218.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2307392 CHIRO SVCS APRIL 2024 03/07/2024 03/07/2024 0.00 218.41 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
1,390.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 1,390.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0258 ARVIN PD FLEET WASH 03.13.24 03/13/2024 03/13/2024 0.00 550.00 INV0260 ARVIN PD FLEET WASH 03.20.24 03/20/2024 03/20/2024 0.00 500.00 INV0261 BUS WASH AND BUMPER SHINE 03.22.24 03/22/2024 03/22/2024 0.00 340.00

69.30 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 69.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-439-43694 SHIPPING SVCS 03.07.24 03/15/2024 03/15/2024 0.00 69.30 1074
Vendor Number

GRAINGER
Total Vendor Amount
340.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 340.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9040684525 FIRE HOSE NOZZLE 03/04/2024 03/04/2024 0.00 79.06 9040684541 FIRE HOSE 50 FT 03/04/2024 03/04/2024 0.00 261.08 1072
Vendor Number

GRANITE CONSTRUCTION
Total Vendor Amount
1,373.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 1,373.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2664609 1704- 3/8' CMACOLDMIXSC3000 03/04/2024 03/04/2024 0.00 1,373.79 1714
Vendor Number

GUADALUPE DE LA TORRE
Total Vendor Amount
390.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 390.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $390 REIMBURSEMENT OF $390 FOR VET'S HALL 03/20/2024 03/20/2024 0.00 390.00 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23-766 414 4TH ST RAN CAMERA TO INSPECT SEWER LINE 03/20/2024 03/20/2024 0.00 250.00 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
6,120.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 6,120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001128 INVOICE 4 02/29/2024 03/15/2024 0.00 6,120.00 1153
Vendor Number

JAS PACIFIC
Total Vendor Amount
4,518.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 4,518.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 6976 PLANNING SVCS 02/01/24-02/29/24 03/05/2024 03/05/2024 0.00 4,518.75 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
126.34
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 126.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8679 2023 FORD EXPLORER OIL CHANGE 03/19/2024 03/19/2024 0.00 126.34

JOSUE RAMIREZ
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount AGITATOR SEMINAR AGITATOR SEMINAR PER DIEM MARCH 21-22 ,2024 03/15/2024 03/15/2024 0.00 185.00 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
8,273.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 8,273.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 APRIL 2024 MEDICAL APRIL 2024 03/05/2024 03/05/2024 0.00 8,273.30 1185
Vendor Number

KERN COUNTY ANIMAL SERVICES
Total Vendor Amount
29,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 29,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1/23/2024 MONTHLY BILLING OCT 2023- DEC 2023 01/23/2024 01/23/2024 0.00 29,000.00 1165
Vendor Number

KERN COUNTY FIRE DEPARTMENT
Total Vendor Amount
219,591.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 219,591.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 24-000149 THIRD QUARTER FY 2023-24 SERVICES 01/02/2024 01/02/2024 0.00 219,591.25 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
194.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 194.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 156881 BELT FOR GRASSHOPPER 03/04/2024 03/04/2024 0.00 194.83 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
2,756.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 2,756.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14002634 UNIT 211 45 DAY INSPECTION REPLACED RIGHT WHEEL 02/27/2024 02/27/2024 0.00 958.29 14002635 UNIT 110 45 DAY INSPECTION 02/27/2024 02/27/2024 0.00 308.71 14002636 UNIT 203-EV 45 DAY INSPECTION REPLACE FILTERS 02/27/2024 02/27/2024 0.00 371.78 14002637 UNIT 205-EV 45 DAY INSPECTION REPLACE AIR FILTERS 02/27/2024 02/27/2024 0.00 371.78 14002638 UNIT 207-EV 45 DAY INSPECTION REPLACE FILTERS 02/27/2024 02/27/2024 0.00 371.78 14002657 UNIT 211 REPAIRED WIRING HARNESS FOR HEADLIGHT 02/27/2024 02/27/2024 0.00 373.71 1713
Vendor Number
MARGOTH A. ALVARENGA
Total Vendor Amount
160.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 160.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1 GRANT MEETING INTERPRETER 03.26.24 03/26/2024 03/26/2024 0.00 160.00 1191
Vendor Number

MARY VALENTI PHD
Total Vendor Amount
500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PRE- EMPLOYMENT PRE-EMPLOYMENT EVALUATION 09/27/2023 09/27/2023 0.00 500.00

NEXTALK INC
Total Vendor Amount

96.50 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 96.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 11388 INTERPRETING SERIVCES FEB 2024 02/29/2024 02/29/2024 0.00 96.50 1107
Vendor Number

OPEN & SHUT ENTERPRISES
Total Vendor Amount
675.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 675.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 103202 GATE IS GETTING STUCK HALFWAY 02/28/2024 02/28/2024 0.00 225.00 103419 GATE 2 STUCK HALF WAY 03/04/2024 03/04/2024 0.00 450.00 1108
Vendor Number
PG & E
Total Vendor Amount
13,315.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 13,315.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 02.12.24-03.12.24 ELEC SVC ELEC SVC 02.12.24-03.12.24 03/13/2024 03/13/2024 0.00 13,315.99 1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
985.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 985.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 3/8/2024 ARV 3/8/2024 03/08/2024 03/08/2024 0.00 985.32 1606
Vendor Number

QUANTUM FARMS LLC
Total Vendor Amount
16,934.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 16,934.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5 ACTUAL LABOR COST 02/10/24-03/09/24 03/10/2024 03/10/2024 0.00 16,934.00 1715
Vendor Number

RICHARD BRAVO
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount AGITATOR SEMINAR AGITATOR SEMINAR PER DIEM MARCH 21-22 ,2024 03/15/2024 03/15/2024 0.00 185.00 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
840.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 840.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63372794 WEEK ENDING 3/22/24 JAZMIN C. 03/25/2024 03/25/2024 0.00 840.84 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
295.61
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 295.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901030124 SERVICE 03.01.24-03.31.24 03/01/2024 03/01/2024 0.00 295.61

WEX BANK
Total Vendor Amount
13,565.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 13,565.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FUEL FOR MARCH FUEL FOR MARCH 2024 03/25/2024 03/25/2024 0.00 13,565.62 Bank: PY - Payroll Vendor Payables
1006
Vendor Number

ALLSTATE
Total Vendor Amount
217.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/28/2024 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001086 ALLSTATE 02/16/2024 02/16/2024 0.00 108.73
INV0001102 ALLSTATE 03/01/2024 03/01/2024 0.00 108.73

3.A.1
Attachment: Demand Register(s) of March 22, 2024 - April 04, 2024 (Demand Register(s) of March 22, 2024 - April 04, 2024.) Payment Register APPKT00642 - FOR AP 3/28/2024
3/28/2024 4:25:30 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 44 32 0.00 364,277.11
Packet Totals: 44 32 0.00 364,277.11
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check21 0.00 217.46
Packet Totals:
21 0.00 217.46

3.A.1
Attachment: Demand Register(s) of March 22, 2024 - April 04, 2024 (Demand Register(s) of March 22, 2024 - April 04, 2024.) 4/4/2024 8:32:44 AM Page 1 of 5
Payment Register
City of Arvin APPKT00645 - FOR AP 4/3/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
962.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 962.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 240716023 INTERNET ACC 02/11/24-03/10/24 04/03/2024 04/03/2024 0.00 962.26 1283
Vendor Number

ALEJANDRO GARCIA
Total Vendor Amount
105.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 105.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 220 ALUMINUM FULL COLOR SIGN 03/29/2024 03/29/2024 0.00 105.24 1150
Vendor Number
AT&T
Total Vendor Amount
1,921.52
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 1,921.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000021356634 9391059040 SERVICE 02.01.24-02.29.24 03/01/2024 03/01/2024 0.00 1,692.40 000021356865 9391060015 SERVICE 02.01.24-02.29.24 03/01/2024 03/01/2024 0.00 229.12 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

98.61 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 98.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 520026 LIGHTS FOR VET'S HALL 03/21/2024 03/21/2024 0.00 32.44 61324 LIGHTS FOR VET'S HALL 03/21/2024 03/21/2024 0.00 54.07 61332 BULB FOR VET'S HALL 03/21/2024 03/21/2024 0.00 12.10 1052
Vendor Number

CSJVRMA
Total Vendor Amount
163,375.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 163,375.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RMA 2024-0206 2023/2024 4TH QUARTERS 04/03/2024 04/03/2024 0.00 163,375.00 1591
Vendor Number

DEPARTMENT OF GENERAL SERVICES
Total Vendor Amount
824.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 824.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0000001570866 ALJ HOURS 1.75 03/31/2024 03/31/2024 0.00 824.75 1058
Vendor Number

DEPARTMENT OF JUSTICE
Total Vendor Amount
556.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 556.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 698455 FINGERPRINT SVCS NOV, 2023 12/05/2023 12/05/2023 0.00 556.00

DIVISION OF THE STATE ARCHITECT
Total Vendor Amount

20.40 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 20.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DSA 796 07.01.23-09.30.23 DSA 796 07.01.23-09.30.23 03/29/2024 03/29/2024 0.00 20.40 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
600.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 600.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0262 FLEET WASH 03/27/24 03/27/2024 03/27/2024 0.00 600.00 1072
Vendor Number

GRANITE CONSTRUCTION
Total Vendor Amount
769.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 769.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2662482 1704 - 3/8" CMACOLDMIXSC3000 02/28/2024 02/28/2024 0.00 769.96 1019
Vendor Number

GUARDIAN
Total Vendor Amount
6,786.61
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 6,786.61
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 APRIL 2024 BUNDLE INSURANCE APRIL 2024 03/21/2024 03/21/2024 0.00 6,786.61 1697
Vendor Number

ISABELLA PALACIO
Total Vendor Amount
291.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 291.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CIVIC SPARK OUTREACH CIVIC SPARK OUTREACH 02/05/2024 02/05/2024 0.00 291.50 1226
Vendor Number

JEFF JONES
Total Vendor Amount
306.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 306.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount LEAGUE OF CALI. CITIES LEAGUE OF CALI. CITIES 04/02/2024 04/02/2024 0.00 306.62 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
1,844.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 1,844.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8687 UNIT 283 FRONT STRUTS SHOCKS REPLACED 03/25/2024 03/25/2024 0.00 1,565.70 8692 UNIT 268 REPLACED BATTERY 03/26/2024 03/26/2024 0.00 278.65 1108
Vendor Number
PG & E
Total Vendor Amount
11,618.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 11,618.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2004215572-9 02.15.24-03.15.24 2004215572-9 02.15.24-03.15.24 03/25/2024 03/25/2024 0.00 502.48 5299823039-6 02.15.24-03.15.24 5299823039-6 02.15.24-03.15.24 03/25/2024 03/25/2024 0.00 5,909.28 6043695638-1 02.15.24-03.15.24 6043695638-1 02.15.24-03.15.24 03/25/2024 03/25/2024 0.00 10.18 7149339108-1 02.15.24-03.15.24 7149339108-1 02.15.24-03.15.24 03/21/2024 03/21/2024 0.00 4,896.40 7368140966-7 02.15.24-03.15.24 7368140966-7 02.15.24-03.15.24 03/22/2024 03/22/2024 0.00 135.81 8906737625-4 02.15.24-03.15.24 8906737625-4 02.15.24-03.15.24 03/25/2024 03/25/2024 0.00 10.18

3.A.1
Attachment: Demand Register(s) of March 22, 2024 - April 04, 2024 (Demand Register(s) of March 22, 2024 - April 04, 2024.) Payment Register APPKT00645 - FOR AP 4/3/2024
4/4/2024 8:32:44 AM Page 3 of 5
9132070691-3 02.15.24-03.15.24 9132070691-3 02.15.24-03.15.24 03/25/2024 03/25/2024 0.00 154.26 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63403992 WEEK ENDING 03/29/24 FOR JAZMIN C. 04/01/2024 04/01/2024 0.00 1,293.60 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
506.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 506.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1851 HEADSET FOR DISPATCH 03/07/2024 03/07/2024 0.00 192.69 1852 UNIT 296 REPLACED ANTENNAS 03/07/2024 03/07/2024 0.00 191.09 1853 LED SURFACE AMBER LIGHT FOR ANIMAL CONTROL 03/07/2024 03/07/2024 0.00 122.86 1639
Vendor Number

WILLDAN FINANCIAL SERVICES
Total Vendor Amount
3,645.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 3,645.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 010-57734 CITY COST ALLOCATION FOR JAN 27.24 - FEB 23, 2024 03/13/2024 03/13/2024 0.00 3,645.00 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
900.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001139 APOA Dues 03/29/2024 03/29/2024 0.00 900.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
991.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 991.97
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001140 SEIU Dues 03/29/2024 03/29/2024 0.00 27.00
INV0001141 SEIU Dues 03/29/2024 03/29/2024 0.00 964.97
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/04/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001143 ALEX GHAZARIAN 03/29/2024 04/15/2024 0.00 300.00

3.A.1
Attachment: Demand Register(s) of March 22, 2024 - April 04, 2024 (Demand Register(s) of March 22, 2024 - April 04, 2024.) Payment Register APPKT00645 - FOR AP 4/3/2024
4/4/2024 8:32:44 AM Page 4 of 5
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 30 18 0.00 195,526.65
Packet Totals: 30 18 0.00 195,526.65
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,191.97
Packet Totals:
43 0.00 2,191.97

3.A.1
Attachment: Demand Register(s) of March 22, 2024 - April 04, 2024 (Demand Register(s) of March 22, 2024 - April 04, 2024.)

3.B.1
Attachment: Payroll Register(s) of March 29, 2024 (Approval of Payroll Register(s) of March 29, 2024.)

3.B.1
Attachment: Payroll Register(s) of March 29, 2024 (Approval of Payroll Register(s) of March 29, 2024.) Arvin City Council Meeting Minutes – March 26, 2024

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
MARCH 26, 2024
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Murillo absent; All others present. Mayor Borreli arrived late during the first comments provided during Public Comments Agenda Item 2.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second CM Tarver Vote 3-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of March 08, 2024 – March 21, 2024.

B. Approval of Payroll Register(s) of March 15, 2024.

C. Approval of the Minutes of the Regular Meeting(s) of March 12, 2024 and Special Meeting(s) of March 19, 2024.

D. Approval of Special Event Application for the Arvin Chamber of Commerce Wildflower Festival to be Held at Smothermon Park on April 22, 2024 through April 29, 2024 (Event Dates April 25 - 28) with the Requirement to Abide by Stipulations as Set Forth by the City of Arvin and the Arvin Police Department Including Private Security Guards, Insurance, Applicable Fees, ABC Daily License Requirements and Police Department Personnel Costs of $2,595.14; and Subject to Execution of A Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.

Agreement No. 2024-13 (MOU)
Staff recommends approval of the consent agenda.

Motion to approve Consent Agenda Items 3A – 3D.

Motion CM Horton Second Mayor Borreli Vote 4-0

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of March 26, 2024 (Minutes of the Regular Meeting(s) of March 26, 2024.) Arvin City Council Meeting Minutes – March 26, 2024

Page 2 of 4 ends

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption of An Uncodified Ordinance of the City Council of the City of Arvin Finding WC Arvin L.P., APN 189-353-03 (10.67 Acres), assumed all rights and obligations, is compliant with the Terms of the Agreement between WC Arvin LP and City of Arvin by the removal of APN 189-353-01 (8.53 Acres) and Finding Arvin Shopping Center LLC, a California limited liability company purchased APN 189-353-01 (8.53 Acres) on March 8, 2021, is noncompliant with the Terms of the Development Agreement and Terminates all rights, interests and obligations as Established By Uncodified Ordinance No. 446. (City Manager)
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Hearing opened.

No public testimony.

Hearing closed.

Motion to waive second reading to be read by title only and approve the adoption of the Ordinance.

Motion CM Horton Second Mayor Borreli Vote 4-0
Ordinance No. 2024-489
B. A Public Hearing to Consider Adoption of An Uncodified Ordinance of the City Council of the City of Arvin Accepting the Mutual Termination Agreement of Uncodified Ordinance No. 2019-445 dated February 12, 2019, and Accepting the Mutual Termination of Agreement (Development Agreement) No. 2019-05 Between the City of Arvin and Aaron Coppelson, MD, Inc., a California Corporation, Recorded June 14, 2019-Doc#219069900 Kern County Official Records. (City Manager)
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Hearing opened.

No public testimony.

Hearing closed.

Motion to waive second reading to be read by title only and approve the adoption of the Ordinance.

Motion CM Horton Second Mayor Borreli Vote 4-0
Ordinance No. 2024-490

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of March 26, 2024 (Minutes of the Regular Meeting(s) of March 26, 2024.) Arvin City Council Meeting Minutes – March 26, 2024

Page 3 of 4 ends

C. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Amending and Restating Arvin Municipal Code 3.04.020 Concerning Withdrawals and Authorized Signors. (City Manager) Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

No motion and no action taken for above Public Hearing Item 4C. Item died due to lack of motion.

5. CITY MANAGER’S REPORT
A. Monthly Financial Report – February 2024

6. COUNCIL MEMBER COMMENTS

7. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Allstate Insurance Company ASO Julia Gomez De Martinez - AIMs File No. FR101865.

Against: City of Arvin
E. Conference with Labor Negotiators (Government Code §54957.6) Title: City Manager
F. Conference with Labor Negotiators (Government Code §54957.6) Title: Assistant City Manager

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of March 26, 2024 (Minutes of the Regular Meeting(s) of March 26, 2024.) Arvin City Council Meeting Minutes – March 26, 2024

Page 4 of 4 ends

CLOSED SESSION REPORT BY CITY ATTORNEY:
7A. Council was provided with updates on the negotiation process. No reportable action taken.
7B. There were 5 potential litigation cases discussed in Closed Session.

Case 1: Council received an update on the briefing schedule at the appellate level on one case. No reportable action taken on this case.

Case 2: One potential litigation matter was removed. There will be 4 potential litigation matters at the next meeting.

Cases 3, 4 & 5: No reportable action taken.
7C. The City Manager provided an update to the City Council. No reportable action taken.
7D. The City Council approved the claim and direction given to the City Clerk to provide the approval to the City’s insurance, AIMs.
7E. The City Council provided direction to the City Attorney to finalize negotiations with the City Manager and if the terms are agreed to, direction was given to bring the City Manager’s contract back to the City Council at the next Council meeting for review, discussion, and possible ratification. 7F. The City Council provided direction to the City Manager to post the Assistant City Manager position for ten (10) days and once the ten (10) day period is up, to walk through the personnel policy with applications and testing before making a recommendation to the Council on the hiring of that position. No further action taken.

8. ADJOURNED @ 9:41PM
Respectfully submitted,
Cecilia Vela, City Clerk

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of March 26, 2024 (Minutes of the Regular Meeting(s) of March 26, 2024.)

CITY OF ARVIN
Staff Report
Meeting Date: April 9, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: A Resolution Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2023 and/or 2024 Funding Year of the State CDBG Program.

BACKGROUND:

The California Department of Housing and Community Development (HCD) is requesting that the City of Arvin Staff resubmit a new resolution for its 2023/20. Council previously approved a resolution on September 12, 2023, but HCD is requiring that the City not include any additional text, format, or change the resolution in any way. The resolution cannot be amended either.

Therefore, staff is resubmitting this new resolution for approval.

HCD has notified the City that they intend to award the application for Haven Drive but are requesting a new resolution with no changes or edits.

RECOMMENDED ACTION:

Staff recommends approval of the resolution.

FINANCIAL IMPACT
No fiscal impact.

ATTACHMENTS
- A Resolution Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2023-2024 Funding Year of the State CDBG Program.

3.D.1
Attachment: Staff Report Reso to Approve 2023 CDBG Application_040924 (Application for Funding & Grant Agreement from 2023 and/or 2024 1 Department of Housing and Community Development
Resolution Form Revised 9/29/2023 2023 - 2024 CDBG NOFA Appendix C: Resolution Template of the Governing Body
Applicants are required to use the resolution form on the following page with no changes to content other than what is in the fillable fields.

Please note: On the next page, hidden text is used to provide instructions. One a document is printed or converted to a pdf, the hidden text will be omitted.

To display hidden text:

1. Go to the Files Tab

2. Select Options from the bottom of the left hand column

3. Click on the “Display” option

4. Check the “Hidden Text” box.

5. Make sure the “Print hidden text” box is not checked. This will ensure that when you convert to PDF or print the document, the instructional, hidden text is not displayed.

6. Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.

3.D.2
Attachment: Appendix C - Resolution Form CDBG 2023-2024 ARVIN 4.9.24 (Application for Funding & Grant Agreement from 2023 and/or 2024 Resolution of the City Council of the City of Arvin
RESOLUTION NO. 2024-

A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE

EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2023 AND/OR 2024 FUNDING YEAR OF THE STATE

CDBG PROGRAM
BE IT RESOLVED by the City Council of the City of Arvin as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $3,200,000 for the following CDBG activities, pursuant to the 2023 and 2024 CDBG NOFAs:

List activities and amounts
Activity (e.g. Public Services,
Infrastructure, etc.)
Dollar Amount Being Requested for
the Activity
Infrastructure Development $3,200,000
$
$
$
SECTION 2:

The City Council hereby approves the use of Program Income in an amount not to exceed $3,200,000 for the CDBG activities described in Section 1.

SECTION 3:

The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

SECTION 4:

The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.

SECTION 5:

3.D.2
Attachment: Appendix C - Resolution Form CDBG 2023-2024 ARVIN 4.9.24 (Application for Funding & Grant Agreement from 2023 and/or 2024 If an application is approved, the City Manager or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.

SECTION 6:

If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Arvin held on 4/9/2024 by the following vote:

AYES: Enter # of votes
NOES: Enter # of votes
ABSENT: Enter # of absences
ABSTAIN: Enter # of abstentions
Cecilia Vela, City Clerk
City Council

STATE OF CALIFORNIA
City of Arvin
I, Cecilia Vela, City Clerk of the City of Arvin, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 9th day of April, 2024 and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.

Cecilia Vela, City Clerk of the City of Arvin, State of California

_________________________________________
By: Cecilia Vela

3.D.2
Attachment: Appendix C - Resolution Form CDBG 2023-2024 ARVIN 4.9.24 (Application for Funding & Grant Agreement from 2023 and/or 2024 Staff Report - Urban Lot Splits, April 9, 2024

Page 1 of 7 ends

CITY OF ARVIN
Staff Report
Meeting Date: April 09, 2024
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jake Raper, Contract Planner
Jeffery Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adopting Code Amendment to Title 16 Subdivisions, Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map – Expiration and Extension; Adding Chapter 16.06 Urban Lot Splits; and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA).

BACKGROUND:

The Planning Commission, at the conclusion of their public hearing on February 20, 2024, adopted Resolution No. APC 2024-03, recommending that the City Council approve Amendment Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map-Expiration and Extension and Acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA). Planning Commission support documents for the proposed ordinance amendment to Title 17 Subdivision are on file at the City Clerk’s office.

State of California Mandated Requirements – Senate Bill 9 (SB9):

On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9), the California Opportunity and More Efficiency (HOME) Act. SB 9 is intended to “facilitate the process for homeowners to build a duplex or split their current residential lot, expanding housing options for people of all incomes that will create more opportunities for homeowners to add units on their existing properties.” SB 9 took effect on January 1, 2022, and will supersede a number of provisions contained within the City’s existing Single Family Residential Zoning Ordinance.

SB 9, Chapter 162, amended Section 66452.6 (Time Extensions for approved or conditionally approved tentative maps) of, and added Sections 65852.21 (2 Dwellings on R-1 Zoned Parcel) and 66411.7 (Land Division Urban Lot Split) and the adopted state laws override local ordinances and require local jurisdictions to ministerially approve qualifying projects with the intent to ease restrictions on urban residential development and modify the expiration periods for tentative maps.

Summary of Title 16 Subdivision Addition and Amendments as required by Senate Bill SB9:

The proposed code amendments will focus on the amendments to the City of Arvin Title 16 Subdivision by adding Chapter 16.06 Urban Lot Splits; amending Chapter 16.04 General

4.A.1
Attachment: 1-Staff Report Tilte 16 Urban Lot Split_040924 (Public Hearing: First Reading - Ordinance re Urban Lot Splits) Staff Report - Urban Lot Splits, April 9, 2024

Page 2 of 7 ends

Provision; Sections 16.04.090 and 16.04.095 Expirations and Extensions of time to record final or parcel maps.

The proposed ordinance amending Title 16 Subdivision will add Chapter 16.06 Urban Lot Splits; amend Chapter 16.04 General Provision; Section 16.04.090 Tentative Map -Expiration and Extension; Section 16.04.095 Tentative Parcel Map-Expiration and Extension and will acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA). The ordinance amendments will do the following:
• Add Chapter 16.06 Urban Lot Split to Title 16 Subdivision:

The ordinance addition will implement the requirements of SB 9, Government Code 66411.7.

This government code section, GC 66411.7, establishes the statutory requirements that will permit the ministerial approval of urban lot split of a single-family residential zoned property. This chapter includes Sections 16.06.010 – Intent which explains the purpose of SB9 in providing opportunity for additional residential development, Section 16.06.020 Definition for an Urban Lot Split, Section 16.06.030 General Provisions that will apply to all Urban Lot Splits, and Section

16.06.040 Development Standards that implement SB 9.
• Amend Chapter 16.04 General Provision; Sections 16.04.090 and 16.04.095 Time Extensions:

Amending Title 16- Subdivision, Chapter 16.04 General Provisions, Section 16.04.090 Tentative Map – Expiration and Extension and Section 16.04.095 Tentative Parcel Map- Expiration and Extension; will provide additional time for a tentative map that has been either approved or conditionally approved to be recorded and will implement the requirements of the SB 9, Government Code 66452.6. The additional time to record the final map or parcel map is extended from 12 months to 24 months. The code amendments will implement the requirements of SB9, Government Code 66452.6 which extended the time from 12 months to 24 months. Previously, a tentative map period was twelve (12) months in which to record the final map, unless time extensions were either permitted by State Law or by City Approval. The new law now provides a twenty-four (24) month period to file a final map unless time extensions are permitted by State Law or approved by the City. These two sections have been expanded to reflect the Subdivision Map Act permitting time extensions under certain circumstances.

Staff have prepared the following attachments which illustrate the potential Urban Land Divisions:

Attachment A - City of Arvin, Planning and Engineering Divisions – Illustration Permitting Urban Two-Unit Development and Urban Lot Splits. Existing single-family zoned parcels may divide into two parcels when meeting certain requirements. Each lot created by an Urban Lot Split may have up to two dwelling units, see Attachment A. An existing single family zoned parcel may have up to four dwelling units – two primary dwelling units, one Accessory Dwelling Unit, and one Junior Dwelling Unit.

Attachment B – Illustrative Examples of Potential Land Division and Development Pattern for Single Family zoned parcels. The illustration shows existing parcels with a single-family dwelling and the potential for an Urban Lot Spilt and the development of two dwellings on the parcel.

4.A.1
Attachment: 1-Staff Report Tilte 16 Urban Lot Split_040924 (Public Hearing: First Reading - Ordinance re Urban Lot Splits) Staff Report - Urban Lot Splits, April 9, 2024

Page 3 of 7 ends

Attachment C - Senate Bill No. 9, Chapter 162 is attached for information and reference. Sec.2. adds Section 66411.7, highlighted in yellow, to the Government Code which by ministerial action permits a single-family zoned parcel to be split (Urban Lot Split) into two parcels and Sec. 3 amends Section 66452.6 time extension for previously approved or conditionally approved tentative map.

ATTACHMENT D - INFORMATIONAL DISCUSSION – SB 9 FACT SHEET:

Staff has attached as Attachment D “The California Department of Housing and Community Development has prepared a SB 9 Fact Sheet, on the implementation of Senate Bill 9 (Chapter 162 Statues of 2021”. The following are excerpts from the State of California Department of Housing and Community Development SB9 Fact Sheet.

Urban Lot Splits (Subdivisions): Requires a local jurisdiction to ministerially approve requests for a one-time, two-lot subdivision within an urbanized area as designated by the United States Census Bureau (USCB) and within a single-family residential zone, provided the proposed housing development meets certain qualifying criteria (summarized in the Qualifying Parcels section of this report). The utilization of the ‘Urban Lot Split’ by a property owner would allow for the creation of two new parcels, each of which may have two (2) residential units. SB 9 allows jurisdictions to limit development to two (2) units per lot, including ADUs (refer to Government Code Section 65852.21(f)).

Requirements (Reference: Gov. Code, § 66411.7): SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

Two units for each created parcel must be permitted. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three-unit types(i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) SB9 Applies ONLY to Single-Family Residential Zones Only. (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) - The parcel that will contain the proposed housing development or that will be subject to the lot split must be in a single-family residential zone.

Parcels located in multi- family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as permitted use.

4.A.1
Attachment: 1-Staff Report Tilte 16 Urban Lot Split_040924 (Public Hearing: First Reading - Ordinance re Urban Lot Splits) Staff Report - Urban Lot Splits, April 9, 2024

Page 4 of 7 ends

The City of Arvin Zone Districts that will be subject to the SB9 (Urban Lot Split) regulations include the following zone districts:

R-1 – One Family dwelling zone; R-S – Suburban residential zone; and E – Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.

Ministerial Review; (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.

Qualifying Parcels – Senate Bill 9
In order for a property to utilize the provisions of SB 9 for an ‘Urban Lot Split,’ the following criteria must be met:
• Parcel must be located within a single-family residential zone. • Parcel must lie wholly within the boundaries of an urbanized area or urban cluster. • Parcel shall not be located in historic district, be listed on the State Historic Resources Inventory or carry a local historic designation.
• Parcel shall not be located within areas of significance as defined by Government Code Section 65193.4, subparagraphs (B) to (K), inclusive of paragraph 6 of subdivision (a) (refer to Attachment C for details). These areas are summarized as being prime farmland or farmland of statewide importance, wetlands, lands identified for conservation through an adopted Habitat Conservation Plan (HCP), under a conservation easement, contain habitat for protected species under State or Federal Agencies, within very high fire hazard severity zones, delineated earthquake fault zones, within a special flood hazard area, within a regulatory floodway, or are a hazardous waste site.

NOTE: Projects located within fire, flood, earthquake or hazardous waste areas defined under 65913.4, may be approved if the risks or hazards are adequately mitigated. • Parcel with on-site wastewater treatment systems must demonstrate adequate percolation capacity to sustain additional residential density.
• The proposal cannot result in the demolition of affordable housing, housing under rent or price control, or housing that has been occupied by a renter in the past three years. • Applicants proposing an ‘Urban Lot Split’ must sign an affidavit stating they intend to occupy one of the housing units on the subdivided properties as their principal residence for no less than three (3) years.
• Parcel which were created using the Urban Lot Split cannot use the ‘Urban Lot Split’ to enact further lot subdivisions.

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Findings of Denial; (Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split.

Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “Specific, adverse impact” means 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. (Gov. Code, § 65589.5, subd. (d)(2).) Anti-Displacement Measures; (Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)): A site is not eligible for a proposed housing development or lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that issubject to a recorded covenant, ordinance, or law thatrestrictsrentsto levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years.

AUTHORIZATION BY CITY COUNCIL:

On September 19, 2017, the City Council adopted Resolution No. 2017-92 which authorized the City Manager to bring forward various code amendments; whenever the public necessity, convenience, general welfare, or good practices justify such action. The City Manager is recommending that the Planning Commission and City Council add and amend various chapters of the Arvin Municipal Code Title.

PUBLIC HEARING NOTICE:

A 1/8-page public hearing notice advertising the City Council public hearing date of April 09, 2024, was published in Bakersfield California on March 20, 2024, providing a 10-day review, in accordance with Government Code Section 65850. Agencies that provide services, water, and sewer, were provided a mailed public hearing notice (Public Hearing Notice on File at the City Clerk’s Office). In addition, the full and complete ordinance is available on the City of Arvin’s website, www.arvin.org and posted at the City Clerk’s Office.

The 1/8-page notice provided a summary of the proposed affecting Title 16 Subdivisions, permitting Urban Lot Splits administratively in zone districts permitting single-family dwellings and will apply to all zone districts permitting single-family dwellings properties within the City of Arvin.

ENVIRONMENTAL REVIEW AND DETERMINATION:

The preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

CEQA Does Not Apply: California Environmental Quality Act (CEQA); Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB

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9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

FISCAL CONSIDERATIONS:

Revenue Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees. Cost of staff in the preparation of the proposed ordinance and public hearing notices.

RECOMMENDATION – City Council Action:

It is recommended that the City Council Introduce and waive the first reading of the attached ordinance: An Ordinance Amendments Adding Chapter 16.06 Urban Lot Splits; Amending Chapter

16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Amending Section 16.04.095 Tentative Parcel Map-Expiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)” END OF REPORT.

Exhibits:
• Draft Ordinance No. XX An Ordinance of the City Council of the City of Arvin, Amending Title 16 Subdivisions, Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension and Section 16.04.095 Tentative Parcel Map-Expiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA) Attachments:
• Resolution No. APC 2024 –03 - Planning Commission of the City of Arvin Recommending the City Council to Adopt the Proposed Code Amendments Adding Chapter

16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Section 16.04.095 Tentative Parcel MapExpiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)
• Attachment A - City of Arvin, Planning and Engineering Divisions – Illustration Permitting Urban Two-Unit Development and Urban Lot Splits • Attachment B – Illustrative Examples of Potential Land Division and Development Pattern for Single Family zoned parcels.
• Attachment C - Senate Bill No. 9, Chapter 162 is attached for information and reference. • Attachment D “The California Department of Housing and Community Development has prepared a SB 9 Fact Sheet, on the implementation of Senate Bill 9 (Chapter 162 Statues of 2021”.

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Documents on file at City Clerk’s Office:

1. Public Hearing Notice – Published on March 20, 2024.

2. Mailing Labels Purveyors of Utilities

3. Planning Commission Reports and Documents – Meeting Date of February 20, 2024

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split.

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING CODE AMENDMENT TO TITLE 16 SUBDIVISIONS,
AMENDING CHAPTER 16.04 GENERAL PROVISION, SECTION 16.04.090 TENTATIVE MAP – EXPIRATION AND EXTENSION; SECTION 16.04.095 TENTATIVE PARCEL MAP – EXPIRATION AND EXTENSION; ADDING CHAPTER 16.06 URBAN LOT SPLITS; AND ACKNOWLEDGE THAT

THE CODE AMENDMENT IS STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

WHEREAS, the City Council desires to amend Title 16 Subdivisions by amending Chapter

16.04 General Provision, Section 16.04.090 Tentative Map Expiration and Extension and Section

16.04.095 Tentative Parcel Map – Expiration and Extension adding Chapter 16.06 Urban Lot Splits; and
WHEREAS, on February 20, 2024, at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and
WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2024-03, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on April 09, 2024, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, oral and written testimony from members of the public; and
WHEREAS, after the above-mentioned City Council public hearing, the City Council now desires to amend Title 16 “Subdivisions” of the Arvin Municipal Code by amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map Expiration and Extension and Section

16.04.095 Tentative Parcel Map – Expiration and Extension; adding Chapter 16.06 Urban Lot Splits; adding Chapter 16.06 Urban Lot Splits.

WHEREAS, on April 09, 2024, the City Council Introduce and waived the first reading of Ordinance Amendments Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Amending Section

16.04.095 Tentative Parcel Map-Expiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”; and WHEREAS, on _____________, 2024, the City Council conducted public hearing and conducted the second reading and adoption of Ordinance Amendments Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map - Expiration and Extension; Amending Section 16.04.095 Tentative Parcel Map-Expiration and Extension; and Acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA).

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split.

WHEREAS, five-days prior to the April 9, 2024, the City Clerk caused a public notice, Notice By The Arvin City Council Of Its Intent To Adopt An Ordinance, second reading and adoption of an ordinance of the City of Arvin, California, amending Title 16 Subdivisions; and WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 16 Subdivisions, Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Amending Section 16.04.095 Tentative Parcel Map-Expiration and Extension is intended to implement the requirements of SB9.

NOW, THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:

Section 1. The Recitals set forth above are true and correct and incorporated herein.

Section 2. The City Council finds and determines that the amendment and addition to Title 16 as contemplated by this Ordinance, the preparation and adoption of the ordinance is not considered a project under CEQA. The preparation and adoption of the ordinance is statutorily exempt from CEQA.

Section 3. The City Council finds and determines that the amendment and addition to Title 16 as contemplated by this Code Amendments are as follows:

Amending Chapter 16.04 General Provisions, Section 16.04.090 Tentative Map – Expiration and Extension as follows:

A person filing a tentative map may request an extension of the tentative map approval or conditional approval by written application to the council; such application to be filed at least thirty (30) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.
(Ord. 122 §3.20, 1976).

A. Expiration and Extensions
(1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-ofway that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split. tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency, either the City Planner, Planning Commission or City Council, at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B. Time Extensions:
(1) The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence.

However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium isterminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed.

However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The applicant shall submit documentation in written form to the City Council which provides documentation in support of the requested stay. The applicant shall pay all costs in reviewing the request. The City Council, upon receipt of the written request,

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split. after review and investigation, may either grant or deny the request of the applicant.

D. Termination of all proceedings: The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the advisory body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.

E. Maximum Six (6) Year Extension: Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (A) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. Request of an extension must be submitted in writing, filed at least thirty (30) days prior to the expiration date, and submit fees as may be adopted by the City Council from time to time.

F. Moratorium – Additional Time Period: For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
i. The condition was one that, by its nature, necessitated action by the city and the city either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.

Amending Chapter 16.04 General Provisions, Amending Section 16.04.095 Tentative Parcel Map – Expiration and Extension as follows:

A person filing a tentative parcel map may request an extension of the tentative parcel map approval or conditional approval by written application to the City Planner; such application to be filed at least thirty (30) days before the approval or conditional approval is due to expire.

The application shall state the reasons for requesting the extension. In granting an extension,

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split. new conditions may be imposed, and existing conditions may be revised. (Ord No 2022-480 April 26, 2022)
A. Expiration and Extensions
(1) An approved or conditionally approved tentative parcel map shall expire 24 months after its approval or conditional approval. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) ofChapter 4 of Division 1may be extended forthe period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency, either the City Planner, Planning Commission or City Council, at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B. Time Extension:
(1) The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence.

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split. tentative map.
(3) Once a development moratorium isterminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed.

However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

C. Lawsuits Delay Period of Time: The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (E), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The applicant shall submit documentation in written form to the City Council which provides documentation in support of the requested stay. The applicant shall pay all costs in reviewing the request. The City Council, upon receipt of the written request, after review and investigation, may either grant or deny the request of the applicant.

E. Maximum Six (6) Year Extension: Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (A) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdividerto extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occursfirst. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. Request of an extension must be submitted in writing, filed at least thirty (30) days prior to the expiration date, and submit fees as may be adopted by the City Council from time to time.

Moratorium – Additional Time Period: For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land,

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split. including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
i. The condition was one that, by its nature, necessitated action by the city and the city either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.

Adding Chapter 16.06 –Urban Lot Splits

16.06.010 Intent. The purpose of this section is to implement the urban lot split provisions of Government Code Section 66411.7 and to provide property owners with an expedited process to split parcels within the urbanized areas of the City,so that the resulting two lots may be developed for residential uses and add to the housing stock. It is intended to regulate such land divisions to ensure that they do not significantly impact adjacent properties and do not diminish neighborhood character. This section and all other provisions of this Code are intended to be consistent with, and shall be interpreted in a manner consistent with, state law including, but not limited to, Government Code sections 65852.21 and 66411.7, as those laws may be amended from time to time. If any provision of this Code is in conflict with state law, then those provisions shall be void to the limited extent necessary to avoid the conflict, and state law shall apply.

16.06.020 Definition of Urban Lot Split. “Urban Lot Split” shall mean an urban lot split subject to ministerial approval pursuant to Government Code section 66411.7.

16.06.030 General Provisions. All urban lot splits shall comply with all of the following provisions:

1. A parcel may only be subdivided through an urban lot split one time to create two new parcels; the resulting parcels may not be further subdivided. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.

2. The parcel for which an urban lotsplit is proposed shall meet all of the following criteria:
a. The parcel is an existing legal lot.
b. The parcel was not established through a prior urban lot split. c. The parcel is in a single-family residential zone.
d. The parcel is a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United State Census Bureau. e. The parcel does not contain prime farmland or farmland of statewide importance as designated on maps prepared by the California Department of Conservation and is not zoned or designated for agricultural protection or preservation by a local ballot measure.
f. The parcel does not contain wetlands, as defined in the United States Fish

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split. and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). g. The parcel is not located within a historic district, nor is the parcel or any resources thereon listed or designated as historic by the City, state, or federal government.
h. The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.
i. The parcel is not part of a hazardous waste site listed pursuant to Government Code § 65962.5 or designated by the Department of Toxic Substances Control pursuant to Health & Safety Code § 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
j. The parcel is not within a special flood hazard area or regulatory floodway on any official maps published by the Federal Emergency Management Agency unless the parcel satisfies all applicable federal criteria in Government Code § 65913.4(a)(6)(G) and (H).
k. The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan, or under a conservation easement; does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act (Fish and Game Code § 2050 etseq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.); and is not subject to a conservation easement.
l. The proposed urban lot split would not require the demolition or alteration of any of the following types of housing as substantiated by an affidavit from the property owner(s):
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. Housing that has been occupied by a tenant in the last three years before the application to subdivide is submitted.
iv. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code § 7060 et seq. (eviction) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
m. Neither the owner of the parcel being subdivided nor any person acting in concert

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split. with the owner has previously subdivided an adjacent parcel using an urban lot split. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.

3. Ministerial parcel map applications to establish an urban lot split shall be reviewed by all applicable City departments and other public agencies for conformance with applicable standards, including but not limited to the Subdivision Map Act, Government Code § 66410 et seq. without public hearing or discretionary review.

4. No off-site improvements or right-of-way dedications shall be required for an urban lot split. Easements granting access to the public right-of way or for public utilities and services may be required. In accordance with GC Section 66411.1 provide compliance in which the Urban Lot Split may be conditioned to dedicate required right-of-way and fulfillment of the construction requirements.

5. Parcels created using an urban lot split shall be restricted to residential uses. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.

6. At least one owner of the property that is the subject of an application for an urban lot split shall sign an affidavit stating that the owner shall occupy one of the housing units as their principal residence for a minimum of three (3) years from the date the urban lot split is approved. This requirement does not apply to property owned by a “community land trust” as defined in Revenue & Taxation Code § 402.1(a)(11)(C)(ii) or a “qualified nonprofit corporation” as described in Revenue & Taxation Code
§ 214.15.

7. Each resulting parcel shall demonstrate adequate access to a potable water supply and connection to sanitary sewer.

8. Notwithstanding any other provision in this Code, a proposed urban lot split may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, on public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific, adverse impact” means 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.

9. Any residential unit on a parcel created using an urban lot split shall not be rented for terms shorter than 30-days. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.

Section16.06.040 Development Standards. All urban lot splits are required to comply with all of the following provisions:

1. The two resulting parcels shall be of approximately equal lot area and the smaller of the two shall be at least 40 percent of the lot area of the original parcel.

2. Both newly created parcels shall be no smaller than 1,200 square feet.

3. Both parcels shall abut a City-maintained Road or have legal access from private road(s) or easements.

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Ordinance Amend Title 16 Subdivisions – Urban Lot Split.

4. Both parcels shall have a minimum road frontage of 50 feet. If that much frontage is not available, one lot shall be configured as a flag lot with a minimum 15-foot-wide access lane from the road. The access lane shall be part of the rear lot and shall be adjacent to an interior property line.
a. If the resulting parcels would have a depth-to-width ratio greater than 3-to-1, a flag lot orientation is allowed regardless of available road frontage.
b. Driveway access to all new units shall be compliant with City standard details and specifications for driveways and turnarounds.

Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
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4.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: First Reading - Ordinance re Urban Lot Splits)

Page 11 of 11 ends

Ordinance Amend Title 16 Subdivisions – Urban Lot Split.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 09th day of April 2024, and adopted the Ordinance after the second reading at a regular meeting held on the _____ day of _________ 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

DANIEL BORRELI, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: First Reading - Ordinance re Urban Lot Splits)

4.A.3
Attachment: 3-APC 2024-03 Reso Amending Title 16 Subdivision - Urban Lot Split_022024_Redacted (Public Hearing: First Reading - Ordinance

4.A.3
Attachment: 3-APC 2024-03 Reso Amending Title 16 Subdivision - Urban Lot Split_022024_Redacted (Public Hearing: First Reading - Ordinance City of Arvin
Planning and Engineering Divisions
Illustration Permitting Urban Two-Unit Development and
Urban Lot Splits.

SENATE BILL 9 WAIVES DISCRETIONARY REVIEW AND PUBLIC HEARINGS FOR:
&
Used together, this allows 4 dwellings , where 3 were allowed before.

SB 9 CAN BE USED TO: Add new homes to existing parcel • Divide existing house into multiple units • Divide parcel and add homes Process requires Building Permits for construction, and Grading Approval subject to City Ordinance Code (if Applicable).

Applicants are required to receive Planning clearance before submitting an application for an Urban Lot Split OR building permit.

WHAT IT CAN MEAN FOR DEVELOPMENT OF NEW DWELLING UNITS
Illustrations are based on a preliminary analysis of the law. Details are subject to change and are for informational purposes only.

VACANT LOT

LOT WITH

SINGLE-FAMILY HOME

LOT WITH SINGLE-FAMILY

HOME, AN ADU AND A JADU

EXISTING

ADD UNITS,

NO LOT SPLIT

ADD UNITS,

LOT SPLIT
For parcels with non-conforming buildings please check with Planning Division on the requirements for SB 9 to be utilized for building new units.

USING SB 9 WITHOUT A LOT SPLIT:

Without a lot split, two primary units and up to
2 new ADUs/JADUs can be built.

USING SB 9 WITH A LOT SPLIT:

SB 9 does not require jurisdictions
to approve more than 4 units total,
including any ADUs/JADUs.

Future subdivision prohibited.

SINGLE-UNIT DEVELOPMENTS
SB 9 can be used to develop single
units – but projects must comply
with all SB 9 requirements.

Adapted from ABAG diagram. Last modified 12/30/2021 by ABAG – Used for reference for City of Arvin compliance with SB9 – March 11, 2024

LOT WITH SINGLE-FAMILY

HOME AND AN ADU
C1
1 unit
C2
Can add 2 addtl. units
C3
Up to 4 total units
1 unit
Up to 2 units
Up to 4 total units
No units
Up to 2 units
Up to 4 total units
D1
1 unit
D2
Can add 1 addtl. unit
D3
Up to 4 total units

URBAN LOT SPLITS

SUBDIVIDING A LOT INTO TWO THAT CAN BE
SMALLER THAN REQUIRED MIN. SIZE

URBAN TWO-UNIT DEVELOPMENT

BUILDING TWO HOMES ON A PARCEL

IN A SINGLE - FAMILY ZONE

4.A.4
Attachment: 4-Attachement A - SB9 Allowed Develolpment Handout City of Arvin (Public Hearing: First Reading - Ordinance re Urban Lot Splits) Illustrative Examples of Potential Development Patterns – Source – County of Santa Clara Pg 1 of 1

ILLUSTRATIVE EXAMPLE OF POTENTIAL

DEVELOPMENT PATTERN

THE ILLUSTRATIONS BELOW ARE NOT OF ANY PARTICULAR PARCELS

IN THE CITY OF ARVIN, BUT ARE REPRESENTATIVE OF HOW THE

PROPOSED DEVELOPMENT STANDARDS COULD BE UTILIZED TO

SUBDIVIDE LARGE LOTS
Existing Residence New Residence Urban Primary Unit
Existing Property Lines Urban Lot Split Property Lines
By utilizing minimum frontage widths as well as depth-to-width ratios, impacts of SB 9-based subdivisions could be reduced. Smaller lots
that are not particularly deep would be required to have 50’frontages, while narrow lots would be minimized by allowing flag lots.

This is for demonstration purposes only; it does not represent full utilization of Senate Bill 9. It is unknown what percentage of Property owners will apply for SB 9 projects.
(illustrations adapted from County of Santa Clara documentation)

4.A.5
Attachment: 5-Attachment B - SB9 Illustrative Examples of Potential Development Patterns (Public Hearing: First Reading - Ordinance re Urban SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 1 of 17 (City of Arvin – Staff Report)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of (Approved or Conditionally Approved Maps -Time Extensions), and to add Sections 65852.21 (2 Dwellings on R-1 Zoned Parcel) and 66411.7 to (Land Division Urban Lot Split), the Government Code, relating to land use. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps.

Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 2 of 17 circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.

This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes

BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 65852.21 is added to the Government Code, to read:
65852.21.
a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 3 of 17 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families 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 police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 4 of 17 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. b)
(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2)
(A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding 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.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 5 of 17 i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 6 of 17 (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered. j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2.

Section 66411.7 is added to the Government Code, to read:
66411.7.
a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2)
(A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in Subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 7 of 17 (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 8 of 17 or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose 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. c)
(1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3)
(A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. g)
(1) A local agency shall 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 principal residence for a minimum of three years from the

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 9 of 17 date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 10 of 17 (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. j)
(1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or thissection, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered. n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3.

Section 66452.6 of the Government Code is amended to read:
66452.6.
a)
(1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 11 of 17 However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 12 of 17 may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
b)
(1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 13 of 17 (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 14 of 17 (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controlsthe real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4.

The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 15 of 17 Subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4
(6) The development is not located on a site that is any of the following:
(B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. (F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (G) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a norise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 16 of 17 (J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) SB 9 Highlight focusing on Administrative Parcel Maps for Single Family Zones Page 17 of 17 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (K) Lands under conservation easement.

4.A.6
Attachment: 6-Attachment C - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re Urban Lot Splits) (Arvin – Staff Report – PC Meeting January 16, 2024 )
California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022

4.A.7
Attachment: 7-Attachment D - SB I Fact Sheet - fm HCD (Public Hearing: First Reading - Ordinance re Urban Lot Splits) California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.

Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.

Single-Family Residential Zones Only
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.

4.A.7
Attachment: 7-Attachment D - SB I Fact Sheet - fm HCD (Public Hearing: First Reading - Ordinance re Urban Lot Splits) California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.

Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.

Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:

Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.

The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or

Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).

Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “Specific, adverse impact” means 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. (Gov. Code, § 65589.5, subd. (d)(2).)

4.A.7
Attachment: 7-Attachment D - SB I Fact Sheet - fm HCD (Public Hearing: First Reading - Ordinance re Urban Lot Splits) California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation easements. SB 9 incorporates by reference these environmental site constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.

Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.

California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years.

4.A.7
Attachment: 7-Attachment D - SB I Fact Sheet - fm HCD (Public Hearing: First Reading - Ordinance re Urban Lot Splits) California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenarios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.

Primary Unit. A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a residential unit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.

Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

4.A.7
Attachment: 7-Attachment D - SB I Fact Sheet - fm HCD (Public Hearing: First Reading - Ordinance re Urban Lot Splits) California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.

Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.

Lot Split. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.

No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.

See HCD’s ADU and JADU webpage for more information and resources.

Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.

Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees,

4.A.7
Attachment: 7-Attachment D - SB I Fact Sheet - fm HCD (Public Hearing: First Reading - Ordinance re Urban Lot Splits) California Department of Housing and Community Development – SB 9 Fact Sheet 7 and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9. Learn more on HCD’s Housing Elements webpage.

Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend its general plan, specific plans, or zoning code in a way that would improperly reduce the intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies to residential uses in all zones, including single-family residential zones. “Reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).) A local agency should proceed with caution when adopting a local ordinance that would impose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an existing development standard applicable in the single-family residential zone must demonstrate that it would not result in a reduction in the intensity of the use. HCD recommends that local agencies rely on the existing objective development, subdivision, and design standards of its singlefamily residential zone(s) to the extent possible. Learn more about Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.

Housing Accountability Act. Protections contained in the Housing Accountability Act (HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of “housing development project” includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s Housing Accountability Act Technical Assistance Advisory.

Rental Inclusionary Housing. Government Code section 65850, subdivision (g), authorizes local agencies to adopt an inclusionary housing ordinance that includes residential rental units affordable to lower- and moderate-income households. In certain circumstances, HCD may request the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain housing production. For additional information, see HCD’s Rental Inclusionary Housing Memorandum.

4.A.7
Attachment: 7-Attachment D - SB I Fact Sheet - fm HCD (Public Hearing: First Reading - Ordinance re Urban Lot Splits) Staff Report – ZCA 2023-05 - Two Unit and Misc. Code Amendments, April 09, 2024

Page 1 of 6 ends

CITY OF ARVIN
Staff Report
Meeting Date: April 09, 2024
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jake Raper, Contract Planner
Jeffery Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adopting ZCA 2023-05 – Title 17 Zoning; Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions Adding New Definitions and Deleting Outdated Definitions; Amends Chapter 17.06 Zones and Zoning Map by Amending the R-1 Zone Title; Amends Chapter 17.08 R-1 Zone Adding Two-Dwelling Unit Development for Single Family Zoned Properties and Various Miscellaneous Amendments; Amends Chapter

17.50 Miscellaneous Regulations by Adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as Deleting Outdated Requirements and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA).

BACKGROUND:

The Planning Commission, at the conclusion of their public hearing on February 20, 2024 adopted Resolution No. APC 2024-04 recommending that the City Council approve Zoning Code Amendment No. 2023-04 and Acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA). Planning Commission February 20, 2024 agenda support documents for the proposed ordinance amendment to Title 16 Zoning are on file at the City Clerk’s office.

State of California Mandated Requirements – Senate Bill 9 (SB9):

The current Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. The City Council on October 24, 2023, amended Title 17 Zoning by adopting Chapter 17.51 Accessory Dwelling Units. Accessory Dwelling Unit ordinance applies to all zoning districts the permit residential development.

On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9), the California Opportunity and More Efficiency (HOME) Act, adding Section 65852.21 (2 Dwellings on R-1 Zoned Lots). The primary difference between SB 9, Section 65852.21 law and the Accessory Dwelling Unit law, is that the SB9 law only applies to zoning districts that are zoned for single family development. SB9 DOES NOT apply to multi-family zones or overlay zones whereas the Accessory Dwelling Unit law applies to all zones that permit residential development.

4.B.1
Attachment: 1-Staff Report ZCA 2023-05 Title 17 Zoning SB9 Two Dwellings_040924 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Staff Report – ZCA 2023-05 - Two Unit and Misc. Code Amendments, April 09, 2024

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SB9, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

SB9 sets forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

SB 9 took effect on January 1, 2022, and will supersede a number of provisions contained within the City’s existing Title 17 Zoning for the R-1 Single Family Residential Zoning districts. The residential zoning districts where the Urban Two-Unit Development apply include: Chapter 17.08 R-1 Single-Family Zone; Chapter 17.16 R-S – Suburban Residential Zone; And Chapter 17.18 Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.

The proposed zoning code amendments are intended to implement SB9 and updates and modify various other sections of Title 17 Zoning to meet other state mandates. Exhibit A “Ordinance of the City Council of the City of Arvin Adoption ZCA 2023-05 – Title 17 Zoning Adding and Amending Various Chapters and Sections That:

1. Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions.

2. Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title.

3. Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments in compliance with SB9.

4. Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements and acknowledge that the code amendments are statutorily exempt from the California Environmental Quality Act (CEQA)”
ATTACHMENT A - City of Arvin, Planning and Engineering Divisions – Illustration Permitting Urban Two-Unit Development and Urban Lot Splits. Existing single-family zoned parcels may divide into two parcels when meeting certain requirements. Each lot created by an Urban Lot Split may have up to two dwelling units, see Attachment A. An existing single family zoned parcel may have up to four dwelling units – two primary dwelling units (Urban Dwelling Units) , one Accessory Dwelling Unit, and one Junior Dwelling Unit.

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ATTACHMENT B – Senate Bill No. 9, Chapter 162 is attached for information and reference.

Sec.2. adds Section 65852.21: Text, highlighted in yellow, to the Government Code permits by ministerial action permits no more than two residential units within a single-family zoned parcel and amends Subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 which establish limitations as to where SB9 two-unit development and Urban lot splits may occur. NOTE: SB9 two-unit development only applies to single-family zoned parcels where the Accessory Dwelling Unit law applies to all zoning districts that permit residential units.

ATTACHMENT C – Informational Discussion – SB 9 Fact Sheet- Staff has attached as Attachment C “The California Department of Housing and Community Development has prepared a SB 9 Fact Sheet, on the implementation of Senate Bill 9 (Chapter 162 Statues of 2021”. The following are excerpts from the State of California Department of Housing and Community Development SB9 Fact Sheet.

SB9 Applies ONLY to Single-Family Residential Zones Only. (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) - The parcel that will contain the proposed housing development or that will be subject to the lot split must be in a single-family residential zone.

Parcels located in multi- family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as permitted use.

The City of Arvin Zone Districts that will be subject to the SB9 two-dwelling unit regulations include the following zone districts: R-1 – One Family dwelling zone; R-S – Suburban residential zone; and E – Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.

Findings of Denial; (Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split.

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CEQA Does Not Apply to the ZC Amendment 2023-05: California Environmental Quality Act (CEQA); Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) - Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a urban lot split, or both. (Pub.

Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

Anti-Displacement Measures; (Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)): A site is not eligible for a proposed housing development or urban lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years.

AUTHORIZATION BY CITY COUNCIL:

PUBLIC HEARING NOTICE:

The 1/8-page notice provided a summary of the proposed amendment to Title 17 Zoning relating to Two-Dwelling Units permitted in zone districts permitting single-family dwellings which will affect all zone districts permitting single-family dwellings properties within the City of Arvin.

ENVIRONMENTAL REVIEW AND DETERMINATION:

The preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

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FISCAL CONSIDERATIONS:

Revenue Enhancement or Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees. Based on the new primary residential development will be subject to the City of Arvin’s current Building Permit Fees, Established Maintenance Fees, and Development Impact Fees.

RECOMMENDATION - CITY COUNCIL ACTION:

It is recommended that the City Council Introduce and waive the first reading of the attached ordinance: An Ordinance Amendments “Ordinance of the City Council of the City of Arvin Title 17 Zoning Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter

17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”.

END OF REPORT.

Exhibits:
• An Ordinance of the City Council of the City of Arvin Adoption ZCA 2023-05 – Title 17 Zoning Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”
Attachments:
• APC 2024-04 A Resolution of the Planning Commission of the City of Arvin Recommending the City Council Adopt Exhibit A “Ordinance of the City Council of the City of Arvin Adoption ZCA 2023-05 – Title 17 Zoning Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)” • Attachment A - City of Arvin, Planning and Engineering Divisions – Illustration Permitting Urban Two-Unit Development and Urban Lot Splits • Attachment B - Senate Bill No. 9, Chapter 162 is attached for information and reference.

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• Attachment C “The California Department of Housing and Community Development has prepared a SB 9 Fact Sheet, on the implementation of Senate Bill 9 (Chapter 162 Statues of 2021”.

Documents on file at City Clerk’s Office:

1. Public Hearing Notice – Published on March 20, 2024

2. Additional Mailing List and Labels

4.B.1
Attachment: 1-Staff Report ZCA 2023-05 Title 17 Zoning SB9 Two Dwellings_040924 (Public Hearing: First Reading - Ordinance re ZCA 2023-05

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Ordinance Amend Title 17 Zoning – 2-Unit Dwellings SB9
ORDINANCE NO. ___________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING ZCA 2023-05 – TITLE 17 ZONING; ADDING AND
AMENDING VARIOUS CHAPTERS AND SECTIONS THAT: UPDATES
CHAPTER 17.02 TITLE AND DEFINITIONS ADDING NEW
DEFINITIONS AND DELETING OUTDATED DEFINITIONS; AMENDS
CHAPTER 17.06 ZONES AND ZONING MAP BY AMENDING THE R-1
ZONE TITLE; AMENDS CHAPTER 17.08 R-1 ZONE ADDING TWODWELLING UNIT DEVELOPMENT FOR SINGLE FAMILY ZONED PROPERTIES AND VARIOUS MISCELLANEOUS AMENDMENTS;
AMENDS CHAPTER 17.50 MISCELLANEOUS REGULATIONS BY
ADDING SECTION 17.50.160 HOME OCCUPATIONS PERMITS,
SECTION 17.50.170 COTTAGE FOOD OPERATIONS AS WELL AS

DELETING OUTDATED REQUIREMENTS AND ACKNOWLEDGE

THAT THE CODE AMENDMENT IS STATUTORILY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City Council desires to amend Title 17 Zoning, Proposed Ordinance; and WHEREAS, on February 20, 2024, at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and
WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2024-04, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on April 09, 2024, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, oral and written testimony from members of the public; and
WHEREAS, after the above mentioned City Council hearing, the City Council introduced and conducted the first reading of the ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023-05 - Title 17 Zoning Adding and Amending Various Chapters and Sections That; Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements, is intended to implement the requirements of SB9; are intended to implement the requirements of SB9; and WHEREAS, on ___________, 2024, the City Council conducted public hearing and conducted the second reading and adoption of Ordinance Amendments; and

4.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning, SB9 Two

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Ordinance Amend Title 17 Zoning – 2-Unit Dwellings SB9
WHEREAS, prior to the __________, 2024, the City Clerk caused a public notice, Notice by the Arvin City Council of Its Intent To Adopt An Ordinance, second reading and adoption of an ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023-05; and WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 17 Zoning Adding and Amending Various Chapters and Sections That; Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements, is intended to implement the requirements of SB9.

NOW, THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:

Section 1. The Recitals set forth above are true and correct and incorporated herein.

Section 2. The City Council finds and determines that the amendment and addition to Title 17 as contemplated by this Ordinance, the preparation and adoption of the ordinance is not considered a project under CEQA. The preparation and adoption of the ordinance is statutorily exempt from CEQA.

Section 3. The City Council finds and determines that the amendment and addition to Title 17 Zoning as contemplated by this Code Amendments are as follows:

Amend Chapter 17.02 Title and Definitions as follows:

Add Section 17.02.52 - Accessory dwelling unit–ADU.

17.02.52 –Accessory dwelling unit –ADU: A residential dwelling unit that provides independent living facilities and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. Refer to Chapter 17.51 Accessory Dwelling Units.

Accessory dwelling units include standard ADUs, movable tiny homes, and Junior ADUs. ADUs include an efficiency unit as defined in Health and Safety Code section 17958.1, and a manufactured home as defined in Health and Safety Code section 18007. This use classification is intended to be consistent with Government Code section 65852.2 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

1. Standard ADU. A standard accessory dwelling unit that provides complete independent living facilities. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. It may be attached or detached.

2. Junior ADU. A dwelling unit that is no more than 500 square feet in size, and is contained entirely within a primary single-family residence or a detached accessory

4.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning, SB9 Two

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Ordinance Amend Title 17 Zoning – 2-Unit Dwellings SB9
dwelling unit, and both shall have independent entrances. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation facilities on the same parcel as the primary dwelling to which it is accessory. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing dwelling unit. The junior accessory dwelling unit must contain either a full kitchen or an efficiency kitchen consisting of cooking facilities with appliances, food preparation counters, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. This use classification is intended to be consistent with Government Code sections 65852.2 and 65852.22 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

Add Section 17.02.057 - Agricultural Employee Housing as follows:

Section 17.02.057 - Agricultural Employee Housing. Housing occupied by individuals who are primarily engaged in an agricultural operation. Family members of such individuals may also live in the same unit. Agricultural employee housing is not required to be located on the same property as an agricultural operation.

All uses within this classification shall fit within one of the following subcategories:

1. Small-scale permanent. Permanent housing facilities that include no more than six (6) dwelling units or eighteen (18) beds in group living quarters. This may include mobile homes and manufactured homes. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. Where agricultural employee housing consists of a combination of both individual dwelling units and group living quarters, each dwelling unit shall count as three (3) beds toward the maximum of eighteen (18) beds in group living quarters.

2. Large-scale permanent. Permanent housing facilities that include more than six (6) dwelling units or eighteen (18) beds in group living quarters, or housing that does not meet the supplemental use regulations for small-scale agricultural employee housing.

Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot.

3. Seasonal. Temporary housing that is present on site for no more than 180 days per year and is not subject to the Special Occupancy Parks Act, Health & Safety Code § 18860 et seq. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. This housing is limited to movable tiny homes, which for the purpose of seasonal agricultural employee housing, may be located on a lot without a primary residence. The property owner shall declare the specific occupancy period dates for each housing unit annually and submit that information to the City Planner by January 31 of each year. All such housing shall be removed from the site outside of the declared occupancy period dates.

4.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning, SB9 Two

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Ordinance Amend Title 17 Zoning – 2-Unit Dwellings SB9
ADD Section 17.02.182 - Cottage Food Operations as follows:

17.02.182 - Cottage food operations. An enterprise with gross annual sales limits set forth in subdivision (a) of Section 113758 of the Health and Safety Code, is operated by a cottage food operator and having not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to Section 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A “cottage food operation” includes both of the following:

1. Class A. Cottage food operations may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as temporary events. A separate permit from the County of Kern County shall be required to operate a temporary food facility at such events. A Class A cottage food operation shall not be open for business, unless it is registered with the County of Kern County.

Amend Section 17.02.220 Dwelling Single-Family one-family as follows:

Section 17.02.220 - "One-family dwelling" means a detached building designed for or occupied exclusively by one (1) family. (Ord. 51 §117, 1965).

One-family dwelling-lot, subject to the provisions of Section 17.50.130. One dwelling Lot unit classification permits one primary unit and one urban primary unit on a single lot, that is zoned as a single-family residential zone. Units may be completely detached from any other dwelling unit.

This classification includes a manufactured home. h ousing types (e.g., ADUs, JADUs), a parcel not zoned for multi-family development shall under no circumstances have more than four (4) units - a primary dwelling unit, an urban primary unit, an Accessory Dwelling Unit, and a Junior Accessory Dwelling Unit, unless the parcel qualifies for an Urban Primary Unit thru an Urban Lot Split. Urban Primary Lot/Unit. A second residential dwelling unit, created thru a Urban Lot Split may have a maximum of two (2) dwelling units on an urban lot consisting of a urban primary unit and a detached or attached ADU OR a urban primary unit and a JADU. An Urban Primary Unit is not an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, refer to Chapter Section 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

Add Section 17.02.435 Manufactured Homes as follows:

Manufactured Housing GC 65852.3; Manufactured homes may be installed on lots zoned for conventional single-family residential dwellings where the manufactured home is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.

Secs. 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code. Installation of manufactured homes on lots zoned for conventional single-family residential

4.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning, SB9 Two

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Ordinance Amend Title 17 Zoning – 2-Unit Dwellings SB9
dwellings shall be subject to Section 17.50.130 – Single Family Dwellings and Mobile HomesDevelopment/Architectural Standards. Additionally, if more than 10-years have elapsed between the date of the manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home, the manufactured home shall not be permitted.

Amend Section17.02.522(a) Residential care facility as follows: Section 17.02.522(a) "Residential care facility" means an adult day care facility is any community-based facility or program that provides care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a twenty-four-hour basis. (Ord. No. 397, 8-2-2011; Ord. No. 421, § 1, 7-7-2015) Residential Care Facilities shall mean California Department of Social Services licensed non-medical facilities which provide long-term care to adults or children which stay in a residential setting rather than in their own home. Occupants may include persons with chronic life threatening illness including HIV or AIDS, or the elderly. Residential care facilities provide room, board, housekeeping, supervision, and personal care assistance with basic activities such as bathing and grooming, as further defined under the California Health and Safety Code Section 1568.0831.

Amend Section 17.02.535 deleting existing text and reserve section to read as follows:

17.02.535 Second dwelling unit. RESERVED "Second dwelling unit" means an attached or detached residential dwelling unit, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation and shall be located on the same lot as the existing single family dwelling is situated. Second dwelling units shall be consistent with the requirements of subsection 17.08.020 L of this title. (Ord. No. 421, § 1, 7-7-2015) Add Section 17.02.656 Urban Lot Splits as follows:

Section 17.02.656 - Urban Lots created as provided under Title 16, Chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an Urban Lot Split shall be limited to two dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two lots and shall be identified as UL Parcel 1 and UL Parcel 2. UL Parcel 1 may be developed with one primary dwelling unit and one ADU and UL Parcel 2 may be developed with one primary dwelling unit and a JADU. A maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban Lots created under Title 16 Subdivision, Chapter 16.06 Urban Lot Splits are subject to the City of Arvin’s Development Impact Fees and require separate utility connections.

Once an Urban Lot is created, no additional land divisions are permitted.

Add Section 17.02.657 Urban Two-Unit Development as follows: 17.02.657 - Urban TwoUnit Development occurs within a single-family residential zoned property meeting the requirements of Government Code Section 65852.21 and is ministerially developed with one (1) Primary Dwelling Unit and one (1) Urban Primary Dwelling Unit, (plus one (1) Accessory Dwelling Unit (ADU) and/or one (1) Junior Accessory Dwelling (JADU) – maximum four (4) units subject to the provisions of Section 17.50.130 – Single-family dwellings and mobile homes – Development/architectural standards and meeting the requirements of Section 17.08.020 Permitted Uses and Subsections 1 through 15. Single-family residential zones include Chapter

17.08 R-1 Single-Family Zone; Chapter 17.16 R-S – Suburban Residential Zone; And Chapter

17.18 Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.

4.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning, SB9 Two

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Ordinance Amend Title 17 Zoning – 2-Unit Dwellings SB9
Add Section 17.02.658 Urban Primary Unit as follows: – See Section 17.02.220 - Dwelling Single-Family
Section 17.02.658 - Urban Primary Unit. A second residential dwelling unit, located within a dwelling one-family unit, limited to 1,600 square feet, that provides independent living facilities and is located on a legal parcel that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, and is located in a singlefamily residential zone. This use classification also applies to a second dwelling unit on any eligible lot or a urban lot that resulted from an urban lot split, as described in Title 16 Subdivision, on or after January 1, 2022. The dwelling unit may exist as a separate structure or within a common structure. An Urban Primary Unit is not an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, refer to Chapter Section 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

Amend Chapter 17.06 Zones and Zoning Map, Section 17.06.010 Zones Established as follows:
“R-1 Single-Family One-family dwelling zone”
Amend Chapter 17.08 R-1 One Family Dwelling Zone as follows:

Chapter 17.08 R-1 SINGLE-FAMILY ONE-FAMILY DWELLING ZONE Sections:

17.08.010 Applicability.

The regulations set forth in this chapter shall apply in the R-1 Singel-Family one-family dwelling zone unless otherwise provided in this title.
(Ord. 199 (part), 1985).

17.08.020 Permitted uses.

Uses permitted in any type of R-1 zone are as follows:

A. One-family dwellings, subject to the provisions of Section 17.50.130.

B. The accessory buildings and structures necessary to such use located on the same lot or parcel of land including a private garage. the capacity of which shall not exceed three (3) automobiles;
C. Detached servants living quarters shall be allowed only on lots having an area of more than ten thousand (10,000) square feet on which there is a dwelling containing not less than thousand (2,000) square feet. The detached servants' living quarters exterior will be of the same architectural finish as the main dwelling. Urban Two-Unit Development within single-family residential zone subject to the provisions of 17.50.130 Single Family dwellings and Manufactured homesDevelopment/architectural standards and 17.50. 190 Urban Two-Unit Development.

4.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning, SB9 Two

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Ordinance Amend Title 17 Zoning – 2-Unit Dwellings SB9
D. Home occupation permits subject to approval as per section 17.50.160 – Home Occupation Permits. The following criteria and standards for home occupations-quasi-home occupations are intended to provide reasonable opportunities for employment within the home, home base business, while avoiding changes to the residential character of a dwelling and neighborhood that accommodates a home occupation, or the surrounding neighborhood.

1. Business license required. A home occupation, home base business, shall require a city business license and a home occupation permit. A permit to conduct a home occupation shall be obtained from the community development director, or designee, prior to issuance of a business license.

2. Application: An application and payment of the established fee for a home occupation permit shall be submitted to the community development director or designee by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a "consent of owner" form signed by the owner or authorized representative.

3. Home occupation or Quasi-home occupation permit - Substitute for Administrative Approval - No home occupation or quasi-home occupation (home based business) shall be established in a residence until a home occupation permit or quasi-home occupation permit is approved by the community development director or designee. Home occupation and quasi-home occupation conditions, as established in this section, satisfies the requirements of an administrative permit, Section 17.05.080 - Permitted uses designated—Administrative approval. Upon issuance of a home occupation permit or a quasi-home occupation permit by the community development director, or designee said permit conditions incorporates the requirements and findings below to insure that the residential neighborhood is not adversely affected by the establishment of a home base business.
a. Before approving or conditionally approving any such application, the community development director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. b. Findings:
i. That the use will not involve any process, equipment or materials which, in the opinion of the community development director, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and ii. That the proposed use will be harmonious with existing structures and uses of land in the vicinity;
iii. That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.

4. Home occupation and quasi-home occupation permits - term. A home occupation or quasihome occupation permit shall not expire unless: revoked, lapse of a current and valid business licenses; however, the permit is not transferable to a different permittee, location, or use.

4.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning, SB9 Two

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5. Home occupation and quasi-home occupation permits - revocation. The home occupation or quasi-home occupation permit granted under this article shall be subject to revocation by the community development director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article or upon verification of objectionable activity and/or complaints.

6. Home occupation and quasi-home occupation permits - denial. A home occupation-quasihome occupation permit shall not be issued for the following uses: Retail sales, commercial photograph studios, beauty parlors, barber shops, music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited. If the use applied for does not meet the required conditions and standards, the community development director, or designee, shall deny the application that do not comply with the provisions of 17.08.020 (D) (Home occupation permits-Quasi-Home Occupations: Conditions: Issuance).

7. Issuance. The community development director, or designee, shall analyze all the facts presented with the application and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit-quasi-home occupation permit subject to the findings under Section 17.08.020 (D). The applicant shall sign a statement acknowledging that the use must remain in compliance with the standards and criteria as well as all other city codes and regulations.

8. Compliance with all other laws and regulations. Business operations conducted at this residence shall comply with all local, state, and federal laws and regulations, including, but not limited to, building, fire, and ADA accessibility requirements.

9. Indemnification. In the event the city determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.

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(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure. iv. The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling. v. Window displays, "show windows," or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1') foot by one (1') foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.
vi. Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited. vii. Operation of the business shall not generate vehicular traffic that is not normally associated with residential uses.
(a) Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.). (b) No more than one (1) standard pickup or van, and one (1) utility trailer, as defined below, specifically designated to be used for the home occupation shall park at the subject residence at any time.
(1) "Utility trailer" shall mean and include a vehicle without motive power, not exceeding twenty (20') feet in length, eight (8') feet in width, and thirteen and one-half (13-1/2') feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner's residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle. (2) Adjacent property owner required. Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any utility trailer used in association of a home occupation permit activity, without the permission of the adjacent property owner. (c) In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees' vehicles in the neighborhood is prohibited. (d) At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space. (e) Parking of vehicles and/or utility trailers shall comply with the Arvin city code. viii. Such occupation or profession shall be conducted by the residents of the premises. ix. The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.
x. Limitations of use and storage:
(a) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.

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(b) Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.
(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure. xi. The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to residential use.
xii. The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.
xiii. The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes. xiv. Based upon the unique functions and other unique conditions of the home base business, the community development director, or designee, may impose additional conditions as may be deemed necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.

E. One (1) sign of not to exceed four (4) square feet in area advertising the premises for sale, lease or rent, located not nearer than ten (10) feet to adjoining premises, nor nearer than five (5) feet to street line;
F. One (1) temporary sign of not to exceed six (6) square feet in area giving the name of the contractors, engineers and architects during the construction period; G. Agricultural and horticultural uses for domestic purposes, including nurseries, greenhouses, orchards or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening;
H. Domesticated dogs or domesticated cats only shall be allowed to be maintained in the exterior (outside) portions of the dwellings, accessory buildings and detached structures and detached servants' living quarters as defined in subsections A through C, inclusive, of this section, and as to the presence of any domesticated dog(s) or domesticated cat(s) within the exterior portion of such buildings as described in subsections A through C, all other ordinances, including, but not limited to, leash law restrictions, will apply to such use/activity. Other domesticated animals, domesticated fish and domesticated birds shall be permitted, but only so long as they collectively total not more than twelve (12) and are maintained solely and exclusively at all times within the interior portion of the single one-family dwelling described in subsection A, B, and C and/or the detached servants' living quarters, if any should exist, as described hereinabove in subsection C.

Under no circumstances, however, shall poultry, whether in the form of hens, roosters, turkeys or other farm fowl or farm animal be maintained as a permitted use in an R-1 Singel one-family dwelling zone;
I. RESERVED. Where a dwelling exists, prior to the ordinance codified in this title, on the rear half of the lot and at least seventy-five (75) feet back of the front lot line, an additional dwelling may be constructed and maintained on the front half of such lot; provided, that there shall be a minimum distance of twenty (20) feet between such dwellings;

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J. Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56, Conditional Use Permits.

K. Mobile homes certified (Manufactured Homes), manufactured ten (10) years or less, under the National Mobile Home Construction Safety Act of 1974 (42 U.S.C. Section 5401 et seq.) on a permanent foundation system pursuant to Section 18551 of the Health and Safety Code and subject to the provisions of Section 17.50.131 of this chapter; L. RESERVED. A second dwelling unit, subject to the following standards:

1. Minimum Lot Size: A second dwelling unit shall be permitted only on a properly-zoned lot that contains at least six thousand (6,000) square feet.

2. Yards: A second dwelling unit shall comply with yard requirements of the R-1 zone, as listed in Sections 17.08.040, 17.08.050 and 17.08.060 of the Arvin Municipal Code.

3. Space Between Buildings: A second detached dwelling unit shall be located no closer than ten (10) feet to any other residential building on the same parcel, and not less than six (6) feet from any accessory building.

4. Building Height: No second dwelling unit shall have a height greater than two (2) stories, not to exceed twenty-five (35) feet.

5. Unit Size: The living area of a second dwelling unit that is attached to the primary dwelling shall not exceed thirty (30) percent of the existing living area of the primary dwelling. A second unit that is detached from the primary dwelling shall not exceed one thousand three hundred (1,300) square feet of floor area.

6. Parking: There shall be one (1) paved on-site parking space for a second dwelling unit. The space shall be a minimum of nine (9) feet wide and twenty (20) feet deep and constructed to city standards. The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the second dwelling unit may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to accommodate a second unit, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two (2) parking spaces side by side, however said parking space may be located within required side or rear yards. There shall be no conversion of a garage of a primary dwelling unit into a second dwelling unit, unless all parking requirements are otherwise met for the primary dwelling unit.

7. Architectural Appearance: The second dwelling unit's scale, appearance and character shall be similar to and compatible in design with the primary dwelling unit in terms of siding materials and color, window types, roofing pitch and materials. Further, the second dwelling unit shall be clearly subordinate to the primary dwelling unit by size, location and appearance. If attached to the primary dwelling unit, a second dwelling unit shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.

Mobile homes shall not be permitted to be used as a second unit.

8. Building Code: A second dwelling unit shall be subject to all applicable building, fire, health and safety codes.

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9. Occupancy: The owner of the subject property at the time of the application and all future owners of the property shall reside in one of the dwelling units. A covenant, in a form approved by the city attorney, running with the land between the city and the applicant shall be recorded with the Kern County recorder's office prior to the issuance of any building permits, requiring that the primary or proposed second dwelling unit shall be occupied by the owner of the property.

10. Access: In order to preclude the appearance of a duplex unit, access to the second dwelling unit shall be by an exterior doorway located on the side or rear of the second dwelling unit. In no case shall the entrance be visible from a public street right-of-way.

11. Utilities: A second dwelling unit shall be provided with water, sewer, and other utilities as determined by the building official.

12. Existing Dwellings: Any second dwelling unit existing on the effective date of the ordinance adding this subsection shall constitute a violation of this subsection unless the second dwelling unit meets the standards of this subsection or the second dwelling unit qualifies as a permitted nonconforming use under section 17.52 of this title.

M. Transitional housing;
N. Supportive housing;
O. Residential care facilities;
P. Employee housing.

Q. Neighborhood serving commercial uses within single family residential zones subject to approval per section 17.50.180 – Neighborhood Serving Commercial Uses.

R. Cottage Food Operations subject to approval per Section 17.50.170 Cottage Food Operations.

Neighborhood serving commercial uses are intended to introduce complimentary uses in conjunction with existing and/or proposed single family residential uses in locations where the neighborhood supports such a use and serves the neighborhood. The following standards are designed to allow neighborhood serving commercial uses to be integrated closely with existing and proposed single family residential uses on a small scale. Allowing neighborhood serving commercial uses to be integrated into neighborhoods at appropriate locations and at the same scale as the existing and proposed residential uses is intended to make more efficient use of existing infrastructure capacity and improve walking and biking accessibility to these services by nearby residents.

1. A neighborhood serving commercial use must implement and meet the following criteria:

Support a compact walkable neighborhood with nearby services; a. Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;
b. Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing; c. Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and
d. Utilize existing infrastructure and service capacity.

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2. A neighborhood serving commercial use must implement and meet the following criteria:
a. Support a compact walkable neighborhood with nearby services; b. Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;
c. Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing; d. Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and
e. Utilize existing infrastructure and service capacity.

3. Uses permitted: The following uses are permitted as a neighborhood serving commercial use subject to Chapter 17.60 Site Development Permit, implements and meet the criteria established above, subject to the implementation of the requirements of Chapter 17.70 Site Development Standards, and also meeting the standards as listed in this section:
a. Other neighborhood serving commercial not listed below may be permitted by conditional use permit where it can be demonstrated that the proposed use meets the criteria identified above and all requirements of this section.
i. Neighborhood convenience retail in conjunction with existing or proposed single family residential uses as listed below:
ii. Food sales (i.e. groceries, bakeries, candy shops, delicatessens); iii. Consumer repair services (i.e. watch, jewelry, musical instrument); iv. General retail sales-convenience; (i.e. convenience market (No off- or on-sale of alcoholic beverages), neighborhood takeout food preparation; and
v. Live-work units.

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v. New buildings shall be compatible with the existing residential uses on the block and must use at least three (3) design elements found in other buildings within the neighborhood on facades facing public streets.
b. Signage: Shall be of a scale and of materials that are compatible with the existing residential uses while allowing the business to be identified from the sidewalk and street. i. Maximum sign area allowed shall be the one-half (½) of the building width in square feet:
building width/2 = X sq. ft.
ii. May not be translucent or lighted from within. They may be lighted with exterior lights during hours of operation.
iii. Window signs may not be larger than one (1) square foot. iv. Lighted window signs may only be lit during hours of operation. v. Lighted signs may not flash, blink or otherwise move. c. Exterior lighting: Shall be compatible with residences located on the same block and; i. Exterior lighting must be hooded or shielded. There should be no disability glare and no direct light source should be visible from ground level or above across the source property line if it is adjacent to residential or vacant property.

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ii. Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2) feet wide, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured using a chain and padlock.
d. Other standards:
i. Hours of operation: shall be limited from 6:00 a.m. to 10:00 p.m. ii. Outdoor storage: No outdoor storage shall be permitted. iii. Waste containers: All waste containers larger than allowed residential containers or numbering more than two (2) per building shall be enclosed by a wall or opaque screening.

17.08.029. Lot size in R-1 Single-Family Zone:

The typical lot size may range from 4,356 to 10,000 square feet permitting up to 4 to 10 dwelling units per acre.

17.08.030 Height limitation.

The maximum height for buildings in any type of R-1 zone shall be two and one-half (2½) stories and not to exceed thirty-five (35) feet.

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(Ord. 199 (part), 1985).

17.08.040 Front yard requirements.

A. In any type of R-1 zone, there shall be a front yard of not less than twenty (20) feet. Where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building erected or structurally altered after the effective date of the ordinance codified in this title shall project beyond the average front yard line so established.

In determining such front yard depth, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B. In any type of R-1 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.
(Ord. 199 (part), 1985).
(Ord. No. 376, 2008).

17.08.050 Side yard requirements.

In any type of R-1 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.
(Ord. 199 (part), 1985).

17.08.060 Rear yard requirements.

In any type of R-1 zone, there shall be a rear yard behind every main building of not less than ten (10) feet.
(Ord. 199 (part), 1985).

17.08.070 -RESERVED. R-1-10 zone.

A. In the R-1-10 zone the lots shall not be less than ten thousand (10,000) square feet in size; B. In the R-1-10 zone the residential dwelling shall not be less than one thousand five hundred (1,500) square feet in size, except that second dwellings shall meet size requirements of Subsection

17.08.020 L.

C. Only the following zones may be allowed immediately adjacent to the R-1-10 zone:

1. R-1-8 zone - One-family residential zone

2. R-1 PD - One-family residential zone

3. N-C - Neighborhood commercial zone.
(Ord. 199 (part), 1985).

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(Ord. No. 421, § 3, 7-7-2015)

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17.08.080 – RESERVED. R-1-8 zone.

Uses permitted in the R-1-8 zone are as follows:

A. In the R-1-8 zone the lots shall be not less than eight thousand (8,000) square feet in size; B. In the R-1-8 zone the residential dwelling shall not be less than one thousand five hundred (1,500) square feet in size, except that second dwellings shall meet size requirements of Subsection

17.08.020 L.

C. Only the following zones may be allowed immediately adjacent to the R-1-8 zone:

1. R-1-10 - One-family residential zone

2. R-1 - One-family residential zone

3. R-1-PD - One-family residential zone

4. R-2-7.5 - Two-family residential zone

5. N-C - Neighborhood commercial zone.
(Ord. 199 (part), 1985)
(Ord. No. 421, § 4, 7-7-2015)

17.08.090 – RESERVED. R-1 zone.

Uses permitted in R-1 zone are as follows:

A. In the R-1 zone the lots shall be not less than six thousand (6,000) square feet in size; B. In the R-1 zone the residential dwelling shall not be less than seven hundred seventy-five (775) square feet in size;
C. The R-1 zone shall not be placed immediately adjacent to an M-1 or a M-2 zone. (Ord. 199 (part), 1985.)

17.08.100 RESERVED. R-1-PUD zone.

Uses permitted in the R-1-PUD zone are as follows:

A. In the R-1-PUD zone a mixture of lot sizes is required. The mixture shall, as best can be accomplished, consist of thirty percent (30%) six thousand (6,000) square foot lots, forty percent (40%) eight thousand (8,000) square foot lots and thirty percent (30%) ten thousand (10,000) square foot lots (a ratio of 3:4:3).

B. No more than two (2) lots of similar size may be placed immediately adjacent to one another.

C. In the R-1-PUD zone the residential dwelling sizes shall be of a corresponding nature to the lot sizes, that is thirty percent (30%) shall be seven hundred seventy-five (775) square feet or larger, forty percent (40%) shall be one thousand two hundred fifty-one (1,251) square feet or larger and thirty percent (30%) shall be one thousand five hundred (1,500) square feet or larger (a ratio of 3:4:3).

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D. No more than two residential dwellings of similar size may be placed immediately adjacent to one another.

E. In the development of an R-1-PUD both the planning commission and the developer must agree to the style of the structures being built as well as to the general and external aesthetic appearances of any R-1-PUD development.
(Ord. 199 (part), 1985).

17.08.110 Required distance between buildings on same lot.

A. In any type of R-1 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.

B. In any type of R-1 zone, there shall be a minimum distance of five (5) feet between accessory buildings.
(Ord. 199 (part), 1985).

17.08.120 - RESERVED. Implementation.

The R-1-10, R-1-8 and R-1-PD zones can be used only on those acreages which are unimproved at the date of adoption of the ordinance.

Amend Chapter 17.50 Miscellaneous Regulations, Section 17.50.130 Single-family dwellings and mobile homes-Development/architectural standards as follows:

17.50.130 Single-family dwellings, Accessory Dwelling Units, and manufactured mobile homes Developmental/architectural standards.

All single one-family dwellings, Accessory Dwelling Units, manufactured mobile homes as defined by Section 17.02.435 Manufactured Home on a permanent foundation shall meet the following developmental/architectural standards:

A. Roof Overhang. All main buildings shall have a minimum twelve (12) inch roof overhang on each of the dwelling's perimeter walls such that the roof overhang is architecturally integrated into the design of that dwelling unit.

B. Roofing Material. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a roof consisting of wood shakes, asphalt, composition or wood shingles, clay, concrete or metal tiles, or of slate material. Rolled-roofing materials are prohibited.

C. Roof Pitch. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a pitched roof with a minimum rise to run ratio of 4 to 12.

D. Siding Material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, brick, concrete, stucco, Masonite or metal lap. Corrugated sheet-metal siding is specifically prohibited for use as a siding material. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

E. Minimum Square Footage. Inhabitable buildings shall have a minimum square footage of seven hundred seventy-five (775) square feet. The minimum width of the main building and garage or carport shall be a minimum of fifty (50%) percent of the lot width. Only living space within the

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primary walls of the dwelling unit shall be used for determining the minimum square footage of the unit. Porches, screened rooms, garages or carports shall not be included when determining the minimum square footage of a unit.

F. Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or Section 18551 of the Health and Safety Code, such that the floor elevation of the proposed unit is compatible with the floor elevations of the surrounding dwelling units.

G. Deviations. The City Planner planning director may approve deviations from one (1) or more of the developmental/architectural standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the City Planner planning director may be appealed to the planning commission in accordance with Section 17.05.050 of this chapter.

H. Infill Lots. On existing vacant lots less than one acre in size, located within the older neighborhoods, circumscribed by Varsity Road to the north, Sycamore Road to the south, Comanche Drive to the west, and Derby Street to the east, in-fill lots with a minimum dimension of fifty (50) feet of lot width and one hundred (100) feet of lot depth are allowed to be created.
(Ord. 182 Exhibit A(10), 1982). (Ord. No. 376, 2008).

Add Section 17.50.160 Home Occupation Permits to read as follows:

Section 17.50.160 Home Occupation Permits.

The following criteria and standards for home occupations-quasi-home occupations are intended to provide reasonable opportunities for employment within the home, home base business, while avoiding changes to the residential character of a dwelling and neighborhood that accommodates a home occupation, or the surrounding neighborhood.

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ensure that the residential neighborhood is not adversely affected by the establishment of a home base business.
a. Before approving or conditionally approving any such application, the community development director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. b. Findings:
i. That the use will not involve any process, equipment or materials which, in the opinion of the community development director, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and ii. That the proposed use will be harmonious with existing structures and uses of land in the vicinity;
iii. That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.

6. Home occupation and quasi-home occupation permits - denial. A home occupation-quasihome occupation permit shall not be issued for the following uses: Retail sales, commercial photograph studios, beauty parlors, barber shops, music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited. If the use applied for does not meet the required conditions and standards, the community development director, or designee, shall deny the application that do not comply with the provisions of 17.50.160 (D) (Home occupation permits-Quasi-Home Occupations: Conditions: Issuance).

7. Issuance. The community development director, or designee, shall analyze all the facts presented with the application and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit-quasi-home occupation permit subject to the findings under Section 17.50.160 (D). The applicant shall sign a statement acknowledging that the use must remain in compliance with the standards and criteria as well as all other city codes and regulations.

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be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.

10. Conditions: Issuance.
a. No home occupation permit shall be issued unless the use applied for meets the following standards and conditions:
i. The permit is only valid for the person(s) and location identified in the application and shall not be transferable to another person(s) or location.
ii. The home occupation shall be conducted entirely within the residential dwelling. Outside activity, storage, or display is prohibited, except as provided herein or upon conditional approval of the community development director.
iii. Limitations of use and storage:
(a) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.
(b) Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.
(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure. iv. The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling. v. Window displays, "show windows," or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1') foot by one (1') foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.
vi. Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited. vii. Operation of the business shall not generate vehicular traffic that is not normally associated with residential uses.
(a) Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.). (b) No more than one (1) standard pickup or van, and one (1) utility trailer, as defined below, specifically designated to be used for the home occupation shall park at the subject residence at any time.
(1) "Utility trailer" shall mean and include a vehicle without motive power, not exceeding twenty (20') feet in length, eight (8') feet in width, and thirteen and one-half (13-1/2') feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner's

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residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle. (2) Adjacent property owner required. Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any utility trailer used in association of a home occupation permit activity, without the permission of the adjacent property owner. (c) In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees' vehicles in the neighborhood is prohibited. (d) At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space. (e) Parking of vehicles and/or utility trailers shall comply with the Arvin city code. viii. Such occupation or profession shall be conducted by the residents of the premises. ix. The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.
x. Limitations of use and storage:
(a) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.
(b) Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.
(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure. xi. The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to the residential use.
xii. The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.
xiii. The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes. xiv. Based upon the unique functions and other unique conditions of the home base business, the community development director, or designee, may impose additional conditions as may be deemed necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.

Add Section 17.50.170 Cottage Food Operations – Permitted in Private Home of Chapter

17.50 Miscellaneous Regulations to read as follows:

Section 17.50.170. Cottage food operations. An enterprise with gross annual sales limits set forth in subdivision (a) of Section 113758 of the Health and Safety Code, is operated by a cottage food

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operator and having not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to Section 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A “cottage food operation” includes both of the following:

A Class A cottage food operation shall not be open for business unless it is registered with the County of Kern.

2. Class B. Cottage food operations may engage in both direct sales and indirect sales of cottage food products, such as a permitted third-party retail food facility. A Class B cottage food operator shall not be open for business unless it obtains a permit from the Kern County. (A. ) Cottage Food Operation. Consistent with the operational requirements set forth in California Health and Safety Code § 114365 et seq., a cottage food operation (CFO) shall comply with the following standards.

1. All applicable provisions of the Municipal Code are made a part of the conditions of approval in their entirety, as if fully contained therein.

2. All CFOs shall obtain a Home Occupation Permit, Section 17.50.160 and shall maintain a City Business Licenses, failure to maintain a City Business Licenses and Kern County Environmental Health regulations shall be cause for revocation of the Cottage Food Industry Operations. Where a conflict exist between Section 17.50.160 and 17.50.170, the requirements of Section 17.50.170 shall prevail.

3. The CFO shall be registered with the Kern County Office of Environmental Health and conform with all regulations of AB 1616.

4. Only foods defined as “non-potentially hazardous” are approved for preparation by CFOs.

The California Department of Public Health will establish and maintain a list of approved cottage food categories on their website, which will be subject to change.

5. There may be one full-time equivalent employee (not counting family members or household members).

6. Class A CFOs are allowed to engage in direct sale, including up to two customers on-site at one time.

7. Class B CFOs may engage in both direct sale and indirect sale of cottage food products.

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8. No cottage food product preparation, packaging, or handling may occur concurrent with any other domestic activities, including, but not limited to, family meal preparation, guest entertaining or dishwashing.

9. No infants, small children, or pets may be in the registered or permitted area during the preparation, packaging, or handling of any cottage food products.

10. Equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.

11. All food contact surfaces, equipment, and utensils, used for the preparation, packaging, or handling of any cottage food products shall be washed, and sanitized before each use.

12. All food preparation and food and equipment storage areas shall be maintained free of rodents and insects.

13. No preparation, packaging, storage, or handling of cottage food products and related ingredients and/or equipment shall occur outside of the registered or permitted area.

14. Smoking shall be prohibited in the registered or permitted area during the preparation, packaging, storing, or handling of cottage food products and related ingredients and equipment.

15. A person with a contagious illness shall refrain from working in the registered or permitted area of the CFO.

16. A person involved in the preparation of packaging of cottage food products shall keep his or her hands clean and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity.

17. Water used during the preparation of cottage food products shall meet potable drinking water standards.

18. Food preparation shall take place entirely within the permitted area of the residence which is the private kitchen area with storage located in the same structure in residential zone property.

19. A person who prepares or packages cottage food products shall complete a food processor course instructed by the California Department of Public Health within three months of becoming registered or permitted.

20. A CFO shall properly package and label all cottage food products in compliance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 343 et seq.) and the Department’s additional labeling requirements.

21. The CFO business shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed the capacity of one ton, owned by the business owner.

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22. Storage of materials and/or supplies related to the business, outside the residence, is not permitted.
23 No signs shall be displayed on the site in connection with the home occupation. There may be advertising on a vehicle that should not exceed three square feet in total. Magnetic signage is recommended.

24. In no way shall the appearance of the dwelling be altered to identify the business and changed the residential character of the existing neighborhood; and

25. There shall be no use of utilities or community facilities beyond the normal use of the property for residential purposes as defined in the zone.

17.50.180 – Neighborhood Serving Commercial Uses.

1. A neighborhood serving commercial use must implement and meet the following criteria:

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e. Utilize existing infrastructure and service capacity.

4. Design standards for permitted non-residential uses. Uses permitted above shall conform to the following design guidelines:
a. Architectural standards: All new development (residential and non-residential) shall be of a design that compliments residences and/or introduces and improves on the design located on the same block and shall follow these design standards;
i. Building materials shall be of siding, brick, stone or other materials that are similar in composition and otherwise in common with other buildings located in the area. ii. Colors shall compliment other buildings in the area. iii. The primary entrance shall be from the front sidewalk, front corner entrances may satisfy this requirement. Secondary entrances may be allowed in the rear where there is rear parking. iv. To support the privacy of existing residences, windows on the portion of a side wall directly opposite an existing residence shall be limited to obscure glass or similar material approved or windows that are above sightline in both buildings.
v. New buildings shall be compatible with the existing residential uses on the block and must use at least three (3) design elements found in other buildings within the neighborhood on facades facing public streets.
b. Signage: Shall be of a scale and of materials that are compatible with the existing residential uses while allowing the business to be identified from the sidewalk and street. i. Maximum sign area allowed shall be the one-half (½) of the building width in square feet:
building width/2 = X sq. ft.
ii. May not be translucent or lighted from within. They may be lighted with exterior lights during hours of operation.
iii. Window signs may not be larger than one (1) square foot.

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iv. Lighted window signs may only be lit during hours of operation. v. Lighted signs may not flash, blink or otherwise move. c. Exterior lighting: Shall be compatible with residences located on the same block and; i. Exterior lighting must be hooded or shielded. There should be no disability glare and no direct light source should be visible from ground level or above across the source property line if it is adjacent to residential or vacant property.

5. Building, lot, location and other standards: Uses permitted above shall conform to the following guidelines:
a. Location and access:
i. Permitted non-residential uses shall be located in a neighborhood where no similar services are provided within one thousand (1,000) feet;
ii. Must be located on a corner lot of sufficient size to meet the requirements of Chapter 17.70 Site Development Standards;
iii. Must provide a minimum of five hundred (500) square feet of open space for the existing and/or proposed single family residential unit.
iv. Conditionally approved non-residential uses not listed in Sub-Subsection B above, must be found to be compatible with and to impose no adverse impact upon adjacent residential uses and meet all of the requirements of this Subsection.
b. Parking: The following vehicle parking standards shall be met:
i. On-street parking may be credited toward the minimum parking requirements. ii. All off-street parking must be provided in the rear or side yards and screened by an opaque wall or landscaping at least three (3) feet in height. No parking is allowed in the front or side yard setback.
iii. No commercial vehicle may be parked on the street or on the premises overnight except in an enclosed garage.
c. Bicycle parking: Shall be provided near the front entrance and covered where possible. i. For each four hundred (400) square feet of neighborhood commercial use there shall be one (1) bicycle space.
ii. Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2) feet wide, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured using a chain and padlock.
d. Other standards:
i. Hours of operation: shall be limited from 6:00 a.m. to 10:00 p.m. ii. Outdoor storage: No outdoor storage shall be permitted. iii. Waste containers: All waste containers larger than allowed residential containers or numbering more than two (2) per building shall be enclosed by a wall or opaque screening.

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6. Setbacks, height requirements for new or enlarged buildings. The setback and height requirements for a new or redeveloped building shall be:
a. Yard setback:
i. Shall meet the minimum yard setback as required in the R-1 Zone District; ii. Outdoor seating may be located in the front, rear and side yard setback but must be screened from adjacent residential uses.
b. Building height: Proposed new or enlarged building shall meet the following; i. When located between two (2) existing buildings the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of the adjacent buildings measured in a like manner. ii. When located adjacent to an existing building and on a corner lot or next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the adjacent building or the average height of the adjacent building and the underlying zone measured in a like manner. iii. When located on a corner lot and next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of all buildings on the block measured in a like manner or of the underlying zone.
(Ord. 309, 1998: Ord. 199 (part), 1985)
(Ord. No. 376, 2008; Ord. No. 421, § 2, 7-7-2015; Ord. No. 458, § 2, 3-26-2019) Add Section 17.50.190 Urban Two-Unit Development: Urban Two-Unit development for property meeting the requirements of Government Code Section 65852.21 can ministerially develop one (1) Primary Dwelling Unit and one (1) Urban Primary Dwelling Unit, (plus one (1) Accessory Dwelling Unit (ADU) and one (1) Junior Accessory Dwelling (JADU) – maximum four (4) units subject to the provisions of Section 17.50.130 – Single-family dwellings, Accessory Dwelling Units, and manufactured homes – Development/architectural standards and meeting the following requirements:
(1) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families 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 police power.
c. Housing that has been occupied by a tenant in the last three years. (2) The parcelsubject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an

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application.
(3) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
a. If a local ordinance allows - demolition of more than 25 percent of the existing exterior structural walls is permitted.
b. The site has not been occupied by a tenant in the last three years. c. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (4) No standards herein adopted shall not 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. Notwithstanding the above, no setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
b. Notwithstanding the above, in all other circumstances not described in clause (i), the required setback of up to four feet from the side and rear lot lines. c. Front yard setbacks shall be as provided in the zone district where two-unit development is permitted.
(5) Off-street parking of up to one space per unit shall be required, except that no off-street parking shall be imposed in either of the following instances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car shared vehicle located within one block of the parcel. (6) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(7) The City Building Official may deny a proposed housing development projects if written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(8) Rental of any unit created under the urban two-unit development shall be a term longer than 30 days.
(9) Notwithstanding Section 65852.2 (Accessory Dwelling Units) or 65852.22 (Junior Accessory Dwelling Units), a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.

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(10) Notwithstanding subparagraph (8), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (11) Units constructed pursuant to this section shall be included in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(12) For purposes of this section, all the following apply:
a. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (13) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.

(14) Urban Lots created as provided under Title 16, Chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an Urban Lot Split shall be limited to two dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two lots and shall be identified as UL Parcel 1 and UL Parcel 2. UL Parcel 1 may be developed with one primary dwelling unit and one ADU and UL Parcel 2 may be developed with one primary dwelling unit and a JADU. Maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban Lots created under Title 16 Subdivision, Chapter 16.06 Urban Lot Splits are subject to the City of Arvin’s Development Impact Fees and require separate utility connections. Once an Urban Lot is created, no additional land divisions are permitted.
(15) Prior or concurrent to the ministerial approval of a residential development on a Urban Lot created under Title 16 - Subdivision Chapter 16.06 Urban Lot Splits documentation shall be submitted at the time of submittal of a building permit which document compliance with the requirements of Title 16 - Subdivision, Chapter 16.06 Urban Lot Splits. Submitted documentation of compliance required by Title 16 Subdivision, Chapter 16.06 Urban Lot Splits shall be in a form as may be required by the City Planner.

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Section 5. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

DANIEL BORRELI, Mayor
APPROVED AS TO FORM:

By:

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ZCA 2023-05 - Reso Amending Title 17 Zoning – SB9 2-Unit Development RESOLUTION NO. APC 2024-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ARVIN RECOMMENDING THE CITY COUNCIL ADOPT AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING ZCA 2023-05 – TITLE 17 ZONING ADDING AND
AMENDING VARIOUS CHAPTERS AND SECTIONS THAT: UPDATES
CHAPTER 17.02 TITLE AND DEFINITIONS ADDING NEW
DEFINITIONS AND DELETING OUTDATED DEFINITIONS; AMENDS
CHAPTER 17.06 ZONES AND ZONING MAP BY AMENDING THE R-1
ZONE TITLE; AMENDS CHAPTER 17.08 R-1 ZONE ADDING TWODWELLING UNIT DEVELOPMENT FOR SINGLE FAMILY ZONED PROPERTIES AND VARIOUS MISCELLANEOUS AMENDMENTS;
AMENDS CHAPTER 17.50 MISCELLANEOUS REGULATIONS BY
ADDING SECTION 17.50.160 HOME OCCUPATIONS PERMITS,
SECTION 17.50.170 COTTAGE FOOD OPERATIONS AS WELL AS

DELETING OUTDATED REQUIREMENTS AND ACKNOWLEDGE

THAT THE CODE AMENDMENT IS STATUTORILY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

WHEREAS, at its regular meeting on February 20, 2024, the Planning Commission conducted a duly noticed public hearing in which it considered all written and oral testimony, including but not limited to written and oral testimony from the public and staff presentations and reports; and
WHEREAS, SB 9, Chapter 162, added Section 65852.21 - Dwellings on R-1 Zoned Parcel and the adopted state laws override local ordinances and require local jurisdictions to ministerially approve qualifying projects with the intent to ease restrictions on urban residential development; and
WHEREAS, ZCA 2023-05 – Title 17 Zoning Adding and Amending Various Chapters and Sections That; Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements, is intended to implement the requirements of SB9; are intended to implement the requirements of SB9; and WHEREAS, the Planning Commission therefore, based on the requirements of SB9 and the necessity of updating definitions as required by State Law, recommends the City Council that it adopt the proposed code amendments Exhibit A (Proposed Ordinance) attached hereto; and WHEREAS, copies of proposed addition and amendments to Title 17 Zoning were made available for public inspection during public review period at the City Clerk’s office and the City

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ZCA 2023-05 - Reso Amending Title 17 Zoning – SB9 2-Unit Development of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website; and,
WHEREAS, the City properly noticed the January 16, 2024 hearing before the Planning Commission for the proposed addition and amendments to Title 17 Zoning pursuant to Government Code sections 65853, 65854, 65090, and 65091by publication of 1/8 page notice in the Bakersfield Californian, local newspaper and notices were provided to public purveyors; and WHEREAS, proof of the published public hearing notice is on file at the City Clerks’ office; and
WHEREAS, due to a lack of Planning Commission member quorum present at the January 16, 2024 meeting, the hearing was continued to the following regular Planning Commission meeting of February 20, 2024; and
NOW, THEREFORE, the Planning Commission of the City of Arvin (the "Planning Commission") hereby finds, determines, resolves and orders as follows:

Section 1: The recitals set forth above are true and correct and incorporated herein by this reference.

Section 2: That the proposed ordinance amendment to Title 17 Zoning is statutorily exempt from the California Environmental Quality Act (CEQA).

Section 3: Based upon the foregoing and its independent judgment, the Planning Commission recommends the City Council of the City of Arvin adopt the Proposed Ordinance, attached hereto as Exhibit A.

Section 4: This Resolution shall become effective immediately. //////
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ZCA 2023-05 - Reso Amending Title 17 Zoning – SB9 2-Unit Development I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at their regular meeting thereof held on the 20th day of February 2024 by the following vote:

AYES: PC Carmona, PC Gonzalez, PC Leon, Chair Horton
NOES:

ABSTAIN:

ABSENT: VC Prado
ATTEST
CECILIA VELA, Secretary

ARVIN PLANNING COMMISSION
By: ___________________________
JOSHLYN HORTON, Chair
APPROVED AS TO FORM:

By: ________________________________
NATHAN HODGES, General Counsel
Hodges Law Group
I, ______________________________, Secretary of the Planning Commission of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Planning Commission of the City of Arvin on the date and by the vote indicated herein.

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Attachment: 3-APC 2024-04 Reso ZCA 2023-05 Title 17 Zoning SB9 Two Dwellings_PC Mtg 022024 (Public Hearing: First Reading - Ordinance re City of Arvin
Planning and Engineering Divisions
Illustration Permitting Urban Two-Unit Development and
Urban Lot Splits.

SENATE BILL 9 WAIVES DISCRETIONARY REVIEW AND PUBLIC HEARINGS FOR:
&
Used together, this allows 4 dwellings , where 3 were allowed before.

Applicants are required to receive Planning clearance before submitting an application for an Urban Lot Split OR building permit.

WHAT IT CAN MEAN FOR DEVELOPMENT OF NEW DWELLING UNITS
Illustrations are based on a preliminary analysis of the law. Details are subject to change and are for informational purposes only.

VACANT LOT

LOT WITH

SINGLE-FAMILY HOME

LOT WITH SINGLE-FAMILY

HOME, AN ADU AND A JADU

EXISTING

ADD UNITS,

NO LOT SPLIT

ADD UNITS,

LOT SPLIT
For parcels with non-conforming buildings please check with the Planning Division on the requirements for SB 9 to be utilized for building new units.

USING SB 9 WITHOUT A LOT SPLIT:

Without a lot split, two primary units and up to
2 new ADUs/JADUs can be built.

USING SB 9 WITH A LOT SPLIT:

SB 9 does not require jurisdictions
to approve more than 4 units total,
including any ADUs/JADUs.

Future subdivision prohibited.

SINGLE-UNIT DEVELOPMENTS
SB 9 can be used to develop single
units – but projects must comply
with all SB 9 requirements.

Adapted from ABAG diagram. Last modified 12/30/2021 – Modified for City of Arvin Supplemental Diagram – December 2023

LOT WITH SINGLE-FAMILY

URBAN LOT SPLITS

SUBDIVIDING A LOT INTO TWO THAT CAN BE
SMALLER THAN REQUIRED MIN. SIZE

URBAN TWO-UNIT DEVELOPMENT

BUILDING TWO HOMES ON A PARCEL

IN A SINGLE - FAMILY ZONE

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EXHIBIT A
(City of Arvin – Staff Report)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of (Approved or Conditionally Approved Maps -Time Extensions), and to add Sections 65852.21 (2 Dwellings on R-1 Zoned Parcel) and 66411.7 to (Land Division Urban Lot Split), the Government Code, relating to land use. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

4.B.5
Attachment: 5-Attachment B - Senate Bill 9 Chapter 162 Urban Lots (Public Hearing: First Reading - Ordinance re ZCA 2023-05 Title 17 Zoning,

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Arvin City CouncilApril 9, 2024

Arvin City Council
April 9, 2024