ORDINANCE NO. 4259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING OBJECTIVE
STANDARDS FOR URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9,
AND MAKING A FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly createdand existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs.
WHEREAS, the State of California has said that it is experiencing a housing supply crisis, which has particularly exacerbated the need for affordable homes at prices below market rates.
WHEREAS, the California Legislature passed, and the Governor signedSenateBill 9 (SB 9), which requires local agencies, including charter cities, to ministerially approve urban lot splits and development of two residential units in single family residential zoning districts provided that the projects meet certain criteria in order try to provide more housing in the State.
WHEREAS, the City Council adopted Urgency Ordinances No 4249 and 4253, interim ordinances that established standards and procedures for projects developed according to the regulations included in SB 9, while preserving the City' s ability to accept, process, and approve applications for multifamily housing in single-family residential zones, including within specific plan areas, consistentwith the intent of the SB 9 legislation.
WHEREAS, the interim regulations terminate on March 2, 2023, which is 10 months and 15 days from the expiration of Interim Urgency Ordinance No. 4249, or upon the adoption of a permanentordinance that regulatesSB 9 development projects.
WHEREAS, sincethe passageof the interim regulations, City staff reviewed the diverse land parcelsthat exist throughout the City, aswell asthe impact of the interim objective standards.
WHEREAS, pursuantto the California StatePlanning andZoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council haveheld separate, duly noticed public hearings to consider Zoning Text Amendment No. 22-002, which adds Chapter 237, Objective Standards for SB 9 Development Projects, establishing ministerial review procedures and objective development and design standardsfor SB 9 projects in Residential Low Density ( RL) designated areas.
The City Council of the City of Huntington Beach doeshereby ordain as follows:
SECTION 1. Notwithstanding any other ordinance or provision of the Huntington Beach Municipal Code or Huntington Beach Local Coastal Program, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with Chapter 237 of Title 23 of the Huntington Beach Zoning Code, amended here in its entirety, to read as follows:
Ordinance No. 4259
Chapter 237 OBJECTIVE STANDARDS FOR SB 9 DEVELOPMENT PROJECTS 237. 02 Purpose
Theprovisionsof this Chapterestablishstandardsandproceduresfor projectsdevelopedpursuant to the regulations included in SenateBill 9 (SB 9) in order to qualify for ministerial approval. 237. 04 Definitions
The following terms usedin this Chapter shall have the meaningsindicated below:
Primary Residence" meansthe original dwelling on the property.
Senate Bill 9 ( SB 9)" means a state law passedby the California State Senateand approved by the Governor on September 16, 2021. The legislation amends Government Code Section 66452. 6 and adds Government Code Sections 65852. 21 and 66411. 7.
Senate Bill 9 ( SB 9) Development Project" consists of an Urban Lot Split or Single Family Residential Duplex project approval pursuantto SB 9.
SingleFamily ResidentialDuplex" meansaproposedhousingdevelopmentcontainingno more than two residential units on a single lot within an RL Low Density Residential District or other identified low densityresidentialarealocatedwithin a SpecificPlan. A housingdevelopment 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.
GrossFloor Area" meansthetotal enclosedareaof a Single Family Residential Duplex, measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading, consistent with Huntington BeachZoning Code Section 203.06.
Urban Lot Split" meansa parcel map subdivision permitted pursuantto SB 9 that createsno more than two new parcels of approximately equal lot area, subject to the requirements of this Chapter.
Unit" means any dwelling unit, including, but not limited to, a unit or units createdpursuant to Government Code Section 65852.21, a primary dwelling, an accessorydwelling unit asdefined in Government Code Section 65852.2, or ajunior accessorydwelling unit asdefined in Government Code Section 65852. 22.
237. 06 Applicability
Notwithstanding any other provision of the Huntington Beach Municipal Code or Local Coastal Program, the provisions of this Chapter shall apply to SB 9 Development Projects. Except as expressly provided in SB 9 or in this Chapter, all other regulations of the underlying zone of a property developedpursuant to SB 9 shall apply, along with all other applicable regulations from the City of Huntington Beach Municipal Code and Local CoastalProgram. 2 22- 11353/ 285531
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237. 08 Ministerial Compliance Review Procedure
A. ProposedSB 9 DevelopmentProjects shall be subjectto ministerial review by the Community Development Department to determine whether the criteria for approval have been met. The applicant shall also obtain a building permit, in addition to any and all other permits requiredby theCode. An UrbanLot Split shallbeprocessedasaparcelmap, butno discretionary review or public hearing shall be conducted, and with ministerial approval if all required criteria have been met.
B. Application Processing. Applicants arerequired to submit a GeneralPlanning application, accompanied by a fee set by City Council Resolution, and including submittal requirements designatedby theCommunityDevelopmentDirector. Theapplicantandtheownerof a property, for which an SB 9 DevelopmentProjectis sought, must provide a swornstatementaffirming eligibility with SB 9 regulations.
C. Urban Lot Splits. In addition to the GeneralPlanning Application, an Urban Lot Split shall require submittal of a Tentative Parcel Map pursuant to Chapter 250. Urban Lot Splits shall be subjectto all submittalrequirementsandfindingsfor approvalof atentativeparcelmappursuant to Title 25 and the Subdivision Map Act, except no public hearing shall be required for approval.
D. SB 9 Development Projects in the CoastalZone. An application for any SB 9 Development Project in the coastal zone shall require submittal of a Coastal Development Permit pursuant to Chapter 245. SB 9 Development Projects shall be subject to the findings for approval of a coastal development permit and the noticing requirements in Chapter 245, except no public hearing shall be required for approval.
E. In the eventthat theproperty upon which the proposedSB 9 Development Project is located within a Homeowners Association (" HOA"), the applicant shall submit to the City written evidence of the HOA' s approval of the proposedProject concurrent with their application.
F. The City, at the applicant' s expense, may conduct independentinquiries and investigation to ascertain the veracity of any or all portions of the sworn statement. 237. 10 General Requirements
A property owner seeking approval of an SB 9 Development Project shall comply with the following generalrequirements:
A. SB 9 and all objective requirements of other applicable statelaws including the Subdivision Map Act.
B. The Municipal Code, including Title 17 (Buildings and Construction) and the Huntington BeachZoning Code, except asexpressly provided in SB 9 or in this Ordinance.
C. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney that contains the following provisions:
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1. Non-residential useson the site shall be prohibited;
2. Theshorttermrentalfor periodslessthan30daysof anyunitsshallbeprohibited;
3. Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited;
4. Except as provided in Government Code Section 66411.7 for community land trusts andqualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposedshall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residencefor at least three years from the date of the approval of the Urban Lot Split;
5. Ongoing compliance with all SB 9 requirements and restrictions shall be required;
6. Accessto the public right- of-way shall be maintained in perpetuity;
7. All required parking for existing units shall be maintained; and .
8. For projects involving a lot split, accessorydwelling units (ADUs) andjunior accessorydwelling units (JADUs) shall be prohibited.
D. Existing Non- Conforming Structure or Use. SB 9 Development Projects shall not be located on any lot with an existing developmentthat is non-conforming with respectto the City' s current use or development standards without obtaining an approval pursuant to Chapter 236.
E. In addition to the foregoing, the City shall review each application for any other issues related to adequacy of water or sewer services, and/or the impact of the proposed SB 9 Development Project on traffic flow, or public safety. In the eventthat the City identifies aspecific adverse issue with respect to adequatewater/sewer, traffic flow, or public safety, the City may deny the Application and/or require the applicant to submit an Administrative Permit. 237. 12 Objective Development Standards
All SB 9 Development Projects shall comply with the following objective standards. For any development standardnot explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.
A. Maximum Unit Size. No unit constructedpursuant to SB 9 regulations shall have a Gross Floor Area in excess of the following:
1. 800 square feet and 1 bedroom for lot sizes of less than 10, 000 square feet
2. 1,600 squarefeet and 2 bedroomsfor lot sizesof 10,000 squarefeet or greater B. Maximum Height/Stories. No detachedunit constructedpursuantto SB 9 regulations shall exceed sixteen( 16) feet and/ or exceed more than one story in height. For purposes of this Chapter, a detachedunit shall be any unit that doesnot shareat least 50 percent of one common wall with another existing unit.
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C. Setbacks.
1. Any units constructed pursuant to the provisions of SB 9 shall have a minimum four foot setback from all side and rear lot lines.
2. Front setbacksshall be asrequired pursuantto Chapter 210.
3. No portion of any unit constructed pursuant to the provisions of SB 9, including but not limited to HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front yard setback.
4. No additional setbacks shall be required if a unit is constructed within the footprint of an existing structure on a lot.
D. Parking.
1. One enclosed or partially enclosed parking space is required for each unit created pursuant to SB 9, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3, or there is a car sharevehicle located within one block of the project.
2. Except asprovided herein,parking spacesshall comply with Chapter231 of the Zoning Code.
3. Any garage that serves and is located within the same structure as an SB 9 Development Project may be permitted no closer than four feet from a side or rear property line, or shall otherwise conform to the applicable setbacks within the zoning district.
4. New driveways proposedfor parcelscreatedby SB 9 Development Projects on interior lots without alley accessare limited to a maximum width of 10 feet if the proposed frontage of the new parcel is 30 feet or less.
E. Design of Unit.
1. Any unit constructed pursuant to the provisions of SB 9 shall be constructed upon a permanent foundation.
2. Any unit of an SB 9 Development Project shall include sufficient permanent provisions for living, sleeping, eating, cooking, andsanitation, including but not limited to washer dryer hookups and kitchen facilities.
3. Any unit of an SB 9 Development project shall be connectedto the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.
4. Any unit of an SB 9 Development Project shall have separateutility connections and separateutility meters. Non-public utility electrical elementssuch as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights- of- way.
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5. Any unit of an SB 9 Development Project shall be constructed with the same architecturalstyle, color, roof pitch andmaterialsasthe existingresidentialdwelling.
In addition, and exceptasprovided in this Section, all units shall be designedand sited to have the samearchitectural style, roof pitch, color, and materials.
6. All flashing, sheetmetal vents, and pipe stacksshall be painted to match the adjacent roof or wall material.
7. Any unit of an SB 9 Development Project shall include solar panels.
8. Any unit of an SB 9 Development Project shall not include roof decks or balconies above or upon the unit.
9. Refuse storage areas shall be enclosed or semi- enclosed in a structure or fenced area and concealed from view from adjacent public rights-of-way and located outside of required setbacks.
F. Additional Standards Relating to Projects in the Coastal Zone. In addition to the above, SB 9 Development Projects located within the Coastal Zone shall be designed and sited to:
1. Protect public accessto and along the shoreline areas.
2. Protect public views to and along the ocean and scenic coastal areas.
3. Protect sensitive coastal resources.
4. Minimize and, where feasible, avoid shoreline hazards.
G. Affordable Rental Rate. Applicants that voluntarily provide SB 9 units rented or leased at a maximum rate affordable to low income tenants, shall be eligible for additional square footage up to 1,600 squarefeet and 2 bedrooms and maximum height of 2 stories per unit. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any affordable unit constructedpursuantto this section.
H. Additional Standards Relating to Urban Lot Splits. In addition to the above, Urban Lot Splits shall comply with the following standards:
1. No flag lots shall be createdas a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot. Provided however, that this provision shall not apply to through lots abutting arterial highways.
2. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide.
3. The proposedparcel map shall demonstrateability to accessthe public right- of-way in perpetuity.
4. Development of both lots shall occur concurrently with the Urban Lot Split. 6 22- 11353/ 285531
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5. Accessory dwelling units (ADUs) andjunior accessorydwelling units (JADUs) shall be prohibited.
237. 14 Exceptions
The Community Development Director shall approve an exception to any of the standards specifiedin this Chapterupon determiningthat complyingwith the standardwould physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 squarefeet in floor area. 237. 16 Denial
The Community Development Director may deny anapplication for an SB 9 Development Project upon making both of the following findings in writing basedon the preponderanceof the evidence:
1. The proposal would have a specific, adverse impact, as defined and determined in Government Code Section 65589. 5( d)( 2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 237. 18 Enforcement and Remedies
A. Criminal Fines and Penalties. Any person responsible for violating any provision of this Chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney and/or District Attorney. Upon conviction, the person shall be punished as prescribed in Chapter 1.16.
B. Administrative Fines and Penalties. Whenever an officer charged with the enforcement of any provision of this Municipal Code determines that a violation of this Chapter has occurred, the officer shall havethe authority to issuean administrative citation to any personresponsiblefor the violation in accordance with Chapter 1. 16.
C. Public Nuisance and Lien on Property. Any useor condition caused, or permitted to exist, in violation of anyprovision of this Chaptershall be,and is herebydeclaredto be,apublic nuisance andmay be summarily abatedby the City pursuantto Code of Civil ProcedureSection 731 or any other remedy available at law. In accordance with Chapter 17.10, the City may also collect any fee,cost, or chargeincurred in the abatementof suchnuisanceby making the amount of any unpaid fee, cost or chargea lien againstthe property that is the subject of the enforcement activity.
D. Civil Action. In addition to any other enforcement permitted by the City' s Zoning and/ or Municipal Codes,the City Attorney may bring a civil action for injunctive relief andcivil penalties against any person who violates any provision of this Chapter. In any civil action that is brought pursuant to this Chapter, a court of competentjurisdiction may award civil penalties and costs to the prevailing party.
E. Revocation. Any violation of this Chaptermay result in revocation of SB 9 Development Project permit.
Use of any one or more of theseremediesshall be at the sole discretion of the City and nothing in this Section shall prevent the City from initiating civil, criminal or other legal or equitable proceedingsasan alternative to any of the proceedingssetforth above." 7 22- 1 13 53/ 285 5 3 1
Ordinance No. 4259
SECTION 2. CEQA. This Ordinance was assessedin accordance with the authority and criteria contained in the California Environmental Quality Act (" CEQA"), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds and determinesthat the Ordinance is exempt from the CEQA pursuant to Government Code Section 65852. 210) effective January 1, 2022. Furthermore, this Ordinance is exempt from CEQA based on the following reasons. This Ordinance is not a project within the meaning of Section 15378 of the State CEQA Guidelines, becauseit has no potential for resulting in physical change in the environment, directly or ultimately. This Ordinance is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power. This Ordinance is not subject to CEQA under the generalrule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons set forth herein above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
SECTION 3. Effective Date. This Ordinance shall become effective 30 days after its adoption.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinanceor the application thereof to anypersonor place, is for any reasonheld to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance and shall not affect other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end,the provisions of this Ordinanceareseverable. The City Council herebydeclaresit would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause,phrase,or portion thereof, irrespective of the fact that any oneor more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 8 22- 11353/ 285531
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SECTION 5. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and post or publish this Ordinance in the mannerrequired by law.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the J day of 2022.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Ci Attorney W
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager U Dir for of Community Development
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Ord. No. 4259
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of HuntingtonBeach, andex-officio Clerkof theCity Councilof saidCity, do hereby certify that the whole number of members of the City Council of the City of Huntington Beachis seven; that the foregoing ordinance was readto said City Council at a Regular meeting thereof held on June 21, 2022, andwas again read to said City Council at a Regular meeting thereof held on July 5, 2022, and was passedand adopted by the affirmative vote of at leasta majority of all the membersof said City Council.
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None
ABSENT: None
ABSTAIN: None
I, Robin Estanislau, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance hasbeen published in the Huntington Beach Wave on July 14, 2022.
In accordance with the City Charter of said City.
6 Robin Estanislau, Ci . Clerk City Clerk and ex-officio Clerk Senior Deputy Ci, Clerk of the City Council of the City of Huntington Beach, California