LAST MINUTE AGENDA INFORMATION
02/16/2022 Regular Council Meeting
(Agenda Related Writings/Documents provided to a majority of the City Council after distribution of the Agenda Packet for the February 16, 2022 meeting.) ITEM NO. DESCRIPTION
PUBLIC HEARINGS
10b.
URGENCY ORDINANCE NO. 2022-1206 AND ORDINANCE 2022-
1207 ADDING IBMC CHAPTER 18.54 TO PROVIDE
REGULATIONS FOR URBAN LOT SPLIT SUBDIVISIONS AND
TWO-UNIT RESIDENTIAL DEVELOPMENTS IN SINGLE-FAMILY
RESIDENTIAL ZONES AS ALLOWED BY SB9. (0600-95)
a. Revised Ordinance 22-1206
b. Revised Ordinance 22-1207.
ORDINANCE NO. 2022-1206
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, ADDING CHAPTER 18.54 TO THE IMPERIAL BEACH MUNICIPAL CODE TO PROVIDE REGULATIONS CONCERNING URBAN LOT SPLIT SUBDIVISIONS AND TWOUNIT RESIDENTIAL DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES AS ALLOWED BY CALIFORNIA SENATE BILL 9
WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows the City to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting City ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 9 because if the City does not adopt specific appropriate objective standards for urban lot splits and two-unit projects, the City would thereafter be limited to applying the few objective standards that are already in its code and state law, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and WHEREAS, approval of urban lot splits and two-unit projects based solely on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setbacks, parking, utilities, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and public safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937(b); and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance and all legal prerequisites to the adoption of the Ordinance have occurred; and WHEREAS, the City Council approves of the following amendments to the Imperial Beach Municipal Code as shown below; and
WHEREAS, this ordinance is exempt from the California Environmental Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
Ordinance No. 2022-1206
NOW, THEREFORE, the City Council of the City of Imperial Beach hereby ordains as follows:
Section 1. All of the statements set forth in the recitals above are true and correct and are incorporated herein.
Section 2. Chapter 18.54. “Urban Lot Split and Two-Unit Residential Requirements” of the Imperial Beach Municipal Code is hereby added to read as follows:
Chapter 18.54
URBAN LOT SPLIT SUBDIVISION AND TWO-UNIT RESIDENTIAL REQUIREMENTS Sections:
18.54.010 Urban lot split subdivision.
18.54.020 Preparation of urban lot split map.
18.54.030 Application.
18.54.040 Information to be filed with urban lot split map.
18.54.050 Requirements for urban lot split map.
18.54.060 Application of objective standards.
18.54.070 Grading plan.
18.54.080 Preliminary title report.
18.54.090 Application Fee for urban lot split map.
18.54.100 Department of Community Development – Duties.
18.54.110 Consideration of urban lot split map – Notice of decision.
18.54.120 Disapproval of urban lot split map.
18.54.130 Transmittal of urban lot split map to County Recorder.
18.54.140 Correction and amendment of urban lost split map.
18.54.150 Additional subdivisions prohibited.
18.54.160 Two-unit residential developments in single-family zones.
18.54.010 Urban lot split subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this title and the Subdivision Map Act. Maps shall be titled “Parcel Map – Urban Lot Split Subdivision.”
18.54.020 Preparation of urban lot split map.
The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:
A. The provisions of Section 66445 of the Subdivision Map Act.
B. Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov.
Code § 66448)
18.54.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the Department of Community Development, together with copies of an urban lot split map. An Ordinance No. 2022-1206
applicant for an urban lot split subdivision shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. An affidavit shall not be required of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code.
B. The Department of Community Development shall not accept an application or map for processing unless the Department finds that the urban lot split map is consistent with the zoning provisions of this code and that all approvals and permits required by the city zoning provisions for the project have been given or issued. An application for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered.
C. Notwithstanding the provisions of subsection B of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving an urban lot split map provided by this title or the Subdivision Map Act.
18.54.040 Information to be filed with urban lot split map.
Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to this chapter and such additional information as the Department of Community Development may find necessary with respect to any particular case to implement the provisions of this title shall accompany the urban lot split map at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory.
18.54.050 Requirements for urban lot split map.
The Department of Community Development shall ministerially approve a parcel map for an urban lot split only if the Department of Community Development determines that the parcel map for the urban lot split meets all of the following requirements:
A. Both newly created parcels shall be no smaller than 1,200 square feet.
B. The parcel map subdivides an existing parcel to create no more than two new parcels where both newly created parcels shall be of approximately equal lot area, which for purposes of this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Unit size shall be not greater than 800 square feet in floor area not inclusive of parking. Maps shall show the footprints of all proposed structures. Floor area shall include the total horizontal area of all the floors of the unit included within the surrounding walls, as measured from the outside edge of the external walls of the unit. This measurement is exclusive of areas used exclusively for permanently installed heating and air conditioning units and permanent parking spaces, driveways, and ramps included within the unit.
D. The parcel being subdivided is located within an R-1-6000 Single-Family Residential Zone described in Chapter 19.12 of this code, or an R-1-3800-Single-Family Residential Zone described in Chapter 19.13 of this code.
E. The parcel being subdivided satisfies the requirements of paragraph (3)(C) of subdivision (a) of Government Code Section 66411.7 or any successor provision thereto.
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F. The proposed urban lot split would not 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.
3. 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 under this chapter.
4. Housing that has been occupied by a tenant in the last three years. An applicant for an urban lot split subdivision must demonstrate whether any existing housing on the parcel was owner occupied or vacant to Community Development Director’s satisfaction.
G. 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 or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
H. The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.
I. 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 chapter.
J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Department of Community Development.
K. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in Section 18.54.160.D of this code.
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed 16 feet in height and one story, measured per Section 19.04.400 of this code.
M. Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.
N. For lots within the Coastal Zone as defined in Section 19.04.245 of this code, parking spaces for new units shall be provided in accordance with Chapter 19.48 of this code.
O. For lots outside of the Coastal Zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
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1. 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.
2. There is a car share vehicle located within one block of the parcel.
P. All lots subject to the urban lot split shall have frontage along a street. Lot frontage and lot width shall be no less than 40% of the original lot frontage and original lot width.
Q. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
R. Dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of terms of longer than thirty (30) days.
S. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 18.54.050.U and, if applicable, also Section
18.54.160.G.
T. The urban lot split subdivision shall comply with all requirements of the City’s Subdivisions Ordinance and the California Subdivision Map Act except as expressly modified by this chapter.
U. Prior to recordation of a parcel map, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney which includes the restrictions of this chapter and applicable state law. Among other things, the covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the unit(s), and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units are allowed on any single parcel created using urban lot split subdivision procedures. The covenant shall include the development standards for any new units constructed as part of the urban lot split. New ADUs must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter.
V. An urban lot split parcel map shall be acceptable only with the written consent of all parties having any record title interest in the real property to be subdivided.
W. Separate Conveyance.
1. Within a resulting lot.
i. Primary dwelling units on a lot that are created by an urban lot split may not be owned or conveyed separately from each other.
ii. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate Ordinance No. 2022-1206
conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
X. For every newly created lot, one new shade tree shall be planted or kept on the property with a minimum of one tree per existing parcel.
18.54.060 Application of Objective Standards.
Development proposed on lots created by an urban lot split subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet in floor area. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding stories, off-street parking, front yard setbacks, or lot configuration shall be approved unless the applicant demonstrates to the Community Development Director’s satisfaction that there is no other way to physically accommodate two 800-square foot units on the site.
18.54.070 Grading plan.
There shall be filed with each urban lot split map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map.
18.54.080 Preliminary title report.
There shall be filed with each urban lot split map, a current preliminary title report of the property being subdivided or altered.
18.54.090 Application fee for urban lot split map.
An urban lot split must provide payment of the fees subject to the City’s adopted fee schedule. If the actual cost of providing a service under this title is less than the amount deposited, the City Treasurer will refund any amount remaining in the deposit. If the actual cost of providing a service under this title is more than the amount deposited, the person requesting the service must pay to the City Treasurer an amount equal to the deficiency. If the person fails to pay the deficiency upon demand by the City Treasurer, the City may recover the deficiency in a court of competent jurisdiction. Until the deficiency is paid in full, the project for which the service was requested is considered incomplete.
18.54.100 Department of Community Development – Duties.
The Director of the Department of Community Development or his or her designee is authorized and directed to carry out the following duties, concerning applications for urban lot split maps under this chapter:
A. Obtain the recommendations of other city departments, governmental agencies, or special districts as may be deemed appropriate or necessary by the Community Development Director in order to carry out the provisions of this code.
Ordinance No. 2022-1206
B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application.
C. Any approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
D. Any approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorney’s fees and costs associated with enforcing the requirements of this code.
18.54.110 Consideration of urban lot split map – Notice of decision.
After a complete application for an urban lot split map is filed with it, the Department of Community Development shall ministerially approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the City. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval.
18.54.120 Disapproval of urban lot split map.
The Department of Community Development shall not approve an urban lot split map under any of the following circumstances:
A. The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.
B. The subdivision proposes creation of more than two lots or more than four units total among the two lots.
C. The Department of Community Development finds that the urban lot split map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
D. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined, and determined in paragraph (2) of subdivision (d) of Government Code 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. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this title. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this title.
18.54.130 Transmittal of urban lot split map to County Recorder.
After the approval by the City of an urban lot split map, the applicant or its agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).
18.54.140 Correction and amendment of urban lot split map.
Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act.
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18.54.150 Additional subdivisions prohibited.
No further subdivision of parcels created using the urban lot split subdivision procedures of this chapter shall be permitted.
18.54.160 Residential developments in single-family zones.
A. Purpose and Findings.
1. The purpose of this section is to provide regulations for the establishment of two-unit residential developments in single-family residential zones and to define an approval process for such two-unit residential developments consistent with Government Code Sections 65852.21, or any successor statute. The intent of this section is to provide opportunities for more housing in existing single-family residential zones as mandated by state law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
2. 87 percent of Imperial Beach lies within the Coastal Zone and the City’s Local Coastal Program Land Use Plan was certified by the California Coastal Commission in 1984. The City is bordered on the north by a U.S. Naval Communication Station within the City of Coronado’s jurisdiction and the southern shore of San Diego Bay, on the east by the City of San Diego, on the south by the Tijuana River National Estuarine Research Reserve and the U.S./Mexican border, and on the west by the Pacific Ocean. The annual visitors, coupled with historic development patterns of the City has created a significant impact on the City’s limited parking supply in the Coastal Zone that would be exacerbated by allowing two-unit residential developments to be built without certain parking requirements, as it would shift residential parking from on-site to on-street. The City’s Certified Local Coastal Program mandates certain parking requirements to be met, including the number of offstreet parking spaces for dwellings, to ensure and maintain public access to the coast.
The California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided for in Government Code Section 65852.21(k), except that the City shall not be required to hold public hearings for coastal development permit applications for a two-unit residential development pursuant to this section.
3. Two-unit residential developments are residential uses consistent with the uses permitted in zones that allow for single-family residential development.
4. 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.
5. 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.
6. Government Code Section 65852.21 preempts the density limitations established by the General Plan and the underlying zones in which two-unit residential developments created pursuant to the requirements of this subsection are permitted. Incompatibility with the City’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this section.
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B. A two-unit residential development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this section, a two-unit residential development contains two residential units if the development proposes two new units or if it proposes to add one new unit to one existing unit.
1. If a parcel includes an existing single-family home, one additional unit of not more than 800 square feet in floor area may be developed pursuant to this section. No more than 25 percent of the existing exterior structural walls shall be demolished to create the two-unit residential development, unless the existing single-family home has not been occupied by a tenant in the last three years.
2. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units of not more than 800 square feet in floor area each may be developed pursuant to this section.
3. Each unit in a two-unit residential development shall be separated by a distance of at least ten feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.
4. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. Unit means any dwelling unit, including, but not limited to a primary dwelling unit, a unit created under this section, an ADU, or a JADU. If a parcel was created subject to the urban lot split subdivision provisions of this chapter and includes an existing or proposed two-unit development, then no accessory dwelling units or junior accessory dwelling units are permitted on the parcel. If a parcel was created subject to the urban lot split subdivision provisions of this chapter and includes one primary dwelling unit only, then one accessory dwelling unit or one junior accessory dwelling unit for each primary dwelling unit is permitted. New ADUs that are provided on parcels that have been created as part of an urban lot split must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22.
5. A lot that is not created by an urban lot split may have a two-unit residential development under this section plus any ADU or JADU that is specifically allowed under state law and the City’s ordinance. New ADUs must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. In any event, no more than four total units (including primary dwelling units, ADUs and JADUs in any combination) on a lot
C. A two-unit residential development shall be prohibited in each of the following circumstances:
1. The two-unit residential development would require demolition or alteration of any of the following types of housing:
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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. An applicant for a two-unit residential development must demonstrate whether any existing housing on the parcel was owner occupied or vacant to the Community Development Director’s satisfaction.
2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
3. The proposed housing development proposes to demolish more than 25 percent of the existing exterior structural walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
4. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, 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.
5. The two-unit residential development is on a parcel that does not meet the requirements of paragraph (2) of subdivision (a) of Government Code section 65852.21 or any successor provision thereof.
6. The two-unit residential development would cause there to be more than four total units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units – on any single parcel or on any two parcels that were created using the urban lot split subdivision provisions of this chapter.
D. Any construction of a two-unit residential development shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, stories, setback, lot coverage, landscaping, usable open space, off-street parking, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this code, subject to the following exceptions:
1. 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. Verification of size and location of the existing and proposed structure by City staff requires the applicant to provide pre- and post-construction surveys by a California licensed land surveyor to the City’s satisfaction.
2. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.
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3. Limits on lot coverage, floor area ratio, landscaping, usable open space, and unit size must permit two units of 800 square feet in connection with a two-unit residential development. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet in floor area. No waivers or reductions to applicable requirements regarding height, stories, off-street parking, usable open space, landscaping, or front yard setbacks shall be approved unless the applicant demonstrates to the Community Development Director’s satisfaction that there is no other way to physically accommodate two 800-square foot units on the site.
4. New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet and one story in height.
5. New dwelling units proposed in connection with a two-unit residential development shall demonstrate compliance with other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the Community Development Director in order to carry out the provisions of this code.
6. All dwelling units created in connection with a two-unit residential development shall have independent exterior access.
7. For applications that do not involve an urban lot split subdivision pursuant to this chapter, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two-unit residential development by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied.
8. Two-unit residential developments shall only be used for rentals of terms of longer than thirty days.
9. To ensure compliance with the provisions of the California Coastal Act of 1976 and the approved Land Use Plan of the City’s Certified Local Coastal Program, the following parking requirements apply:
a. For lots within the Coastal Zone as defined in Section 19.04.245 of this code, parking spaces for new units shall be provided in accordance with Chapter 19.48. b. For lots outside of the Coastal Zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
1. The parcel is located within one-half mile walking distance of either a highquality 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.
2. There is a car share vehicle located within one block of the parcel.
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c. If a two-unit residential development replaces an existing garage or other required parking, replacement spaces shall be provided in accordance with the requirements of the underlying zone.
10. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit shall utilize the same exterior materials and colors as the existing dwelling unit.
11. Two-unit residential developments shall provide a new or separate utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.
12. Two-unit residential developments shall be required to provide fire sprinklers.
13. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
E. Applications for two-unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the director of community development. Incomplete applications will be returned with an explanation of what additional information is required. Any approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. Any approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorney’s fees and costs associated with enforcing the requirements of this code.
F. A proposed two-unit residential development 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, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, 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.
G. Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney which includes the restrictions of this chapter and applicable state law. Among other things, the covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than the allowable total units may be created on any single parcel or on any two parcels Ordinance No. 2022-1206
created using urban lot split subdivision procedures. The covenant shall include the development standards for any new units. New ADUs must meet the development criteria provided in this chapter and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.
H. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.
Section 3. Section 18.44.020 of the Imperial Beach Municipal Code is hereby amended to read as follows:
Any person proposing to create a minor subdivision pursuant to this chapter shall file with the City Planner a tentative parcel map pursuant to the provisions of this title. The City Engineer shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the City Planner, or on appeal by the City Council unless the subdivision is being filed under the provisions of Government Code Section 66411.7.
Section 4. Section 18.48.010 of the Imperial Beach Municipal Code is hereby amended to read as follows:
Except as otherwise provided in this title, and subject to the provisions of the Subdivision Map Act, all minor subdivisions shall meet the dedication, improvement, fee, and other requirements applicable to major subdivisions pursuant to Chapters 18.16 through 18.36 and
18.60. In addition to the above requirements, minor subdivisions pursuant to Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.
Section 5. Section 18.52.010 of the Imperial Beach Municipal Code is hereby amended to read as follows:
All parcel maps shall conform to the requirements of the Subdivision Map Act and this chapter and also shall conform to the requirements specified in the report of the City Planner approving or conditionally approving the tentative parcel map, unless an appeal is made by the subdivider to the City Council and the City Council modifies, rejects, or overrules the recommendations of the City Planner, in which event the map also shall conform to the requirements of the City Planner as modified by the City Council and the requirements imposed by the Council. All parcel maps shall be in the form and shall contain the data prescribed in the rules and regulations prescribed by the City Planner and approved by the City Council. Parcel Maps filing under the provisions of Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.
Section 6. Section 18.08.010 of the Imperial Beach Municipal Code is hereby amended by adding two new definitions to the section to be included in alphabetical order consistent with the section:
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“Two-unit residential development” is a housing development that 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
An “urban lot split” is the subdivision of 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.
Section 7. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
Section 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, if for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance takes effect immediately upon its adoption by a fourfifths vote of the City Council.
ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 16th day of February 2022 by the following vote:
AYES: COUNCILMEMBERS: SPRIGGS, AGUIRRE, LEYBA-GONZALEZ,
FISHER, DEDINA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
SERGE DEDINA, MAYOR
ATTEST:
SUNEM CARBALLO, CMC
DEPUTY CITY CLERK
APPROVED AS TO FORM:
JENNIFER LYON
CITY ATTORNEY
ORDINANCE NO. 2022-1207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, ADDING CHAPTER 18.54 TO THE IMPERIAL BEACH MUNICIPAL CODE TO PROVIDE
REGULATIONS CONCERNING URBAN LOT SPLIT SUBDIVISIONS AND TWO-UNIT
RESIDENTIAL DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES AS ALLOWED BY CALIFORNIA SENATE BILL 9
WHEREAS, the City Council of the City of Imperial Beach seeks to implement Senate Bill 9 (SB 9) (Chapter 162, Statutes 2021) through the implementation of regulations concerning twounit residential developments and urban lot split subdivisions in single-family residential zones; and
WHEREAS, state lawmakers are increasingly concerned about the lack of supply of housing units in the State of California; and
WHEREAS, the State Legislature adopted SB 9 in order to require local jurisdictions to approve infill developments of up to four units in existing single-family zones, subject only to objective local standards that would permit at least two units of 800 square feet per lot in singlefamily zones; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
NOW, THEREFORE, the City Council of the City of Imperial Beach hereby ordains as follows:
Section 1. All of the statements set forth in the recitals above are true and correct and are incorporated herein.
Section 2. Chapter 18.54. “Urban Lot Split and Two-Unit Residential Requirements” of the Imperial Beach Municipal Code is hereby added to read as follows:
Chapter 18.54
URBAN LOT SPLIT SUBDIVISION AND TWO-UNIT RESIDENTIAL REQUIREMENTS Sections:
18.54.010 Urban lot split subdivision.
18.54.020 Preparation of urban lot split map.
18.54.030 Application.
18.54.040 Information to be filed with urban lot split map.
18.54.050 Requirements for urban lot split map.
18.54.060 Application of objective standards.
18.54.070 Grading plan.
18.54.080 Preliminary title report.
18.54.090 Application Fee for urban lot split map.
18.54.100 Department of Community Development – Duties.
18.54.110 Consideration of urban lot split map – Notice of decision.
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18.54.120 Disapproval of urban lot split map.
18.54.130 Transmittal of urban lot split map to County Recorder.
18.54.140 Correction and amendment of urban lost split map.
18.54.150 Additional subdivisions prohibited.
18.54.160 Two-unit residential developments in single-family zones.
18.54.010 Urban lot split subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this title and the Subdivision Map Act. Maps shall be titled “Parcel Map – Urban Lot Split Subdivision.”
18.54.020 Preparation of urban lot split map.
The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:
A. The provisions of Section 66445 of the Subdivision Map Act.
B. Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov.
Code § 66448)
18.54.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the Department of Community Development, together with copies of an urban lot split map. An applicant for an urban lot split subdivision shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. An affidavit shall not be required of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code.
B. The Department of Community Development shall not accept an application or map for processing unless the Department finds that the urban lot split map is consistent with the zoning provisions of this code and that all approvals and permits required by the city zoning provisions for the project have been given or issued. An application for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered.
C. Notwithstanding the provisions of subsection B of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving an urban lot split map provided by this title or the Subdivision Map Act.
18.54.040 Information to be filed with urban lot split map.
Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to this chapter and such additional information as the Department of Community Development may find necessary with respect to any particular case to implement the provisions of this title shall accompany the urban lot split map at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory.
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18.54.050 Requirements for urban lot split map.
The Department of Community Development shall ministerially approve a parcel map for an urban lot split only if the Department of Community Development determines that the parcel map for the urban lot split meets all of the following requirements:
A. Both newly created parcels shall be no smaller than 1,200 square feet.
B. The parcel map subdivides an existing parcel to create no more than two new parcels where both newly created parcels shall be of approximately equal lot area, which for purposes of this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Unit size shall be not greater than 800 square feet in floor area not inclusive of parking. Maps shall show the footprints of all proposed structures. Floor area shall include the total horizontal area of all the floors of the unit included within the surrounding walls, as measured from the outside edge of the external walls of the unit. This measurement is exclusive of areas used exclusively for permanently installed heating and air conditioning units and permanent parking spaces, driveways, and ramps included within the unit.
D. The parcel being subdivided is located within an R-1-6000 Single-Family Residential Zone described in Chapter 19.12 of this code, or an R-1-3800-Single-Family Residential Zone described in Chapter 19.13 of this code.
E. The parcel being subdivided satisfies the requirements of paragraph (3)(C) of subdivision (a) of Government Code Section 66411.7 or any successor provision thereto.
F. The proposed urban lot split would not 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.
3. 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 under this chapter.
4. Housing that has been occupied by a tenant in the last three years. An applicant for an urban lot split subdivision must demonstrate whether any existing housing on the parcel was owner occupied or vacant to Community Development Director’s satisfaction.
G. 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 or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
H. The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.
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I. 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 chapter.
J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Department of Community Development.
K. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in Section 18.54.160.D of this code.
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed 16 feet in height and one story, measured per Section 19.04.400 of this code.
M. Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.
N. For lots within the Coastal Zone as defined in Section 19.04.245 of this code, parking spaces for new units shall be provided in accordance with Chapter 19.48 of this code.
O. For lots outside of the Coastal Zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
1. 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.
2. There is a car share vehicle located within one block of the parcel.
P. All lots subject to the urban lot split shall have frontage along a street. Lot frontage and lot width shall be no less than 40% of the original lot frontage and original lot width.
Q. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
R. Dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of terms of longer than thirty (30) days.
S. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 18.54.050.U and, if applicable, also Section
18.54.160.G.
T. The urban lot split subdivision shall comply with all requirements of the City’s Subdivisions Ordinance and the California Subdivision Map Act except as expressly modified by this chapter.
U. Prior to recordation of a parcel map, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney which includes the restrictions of this chapter and applicable state law. Among other things, the covenant shall Ordinance No. 2022-1207
notify future owners of the owner occupancy requirements, the approved size and attributes of the unit(s), and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units are allowed on any single parcel created using urban lot split subdivision procedures. The covenant shall include the development standards for any new units constructed as part of the urban lot split. New ADUs must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter.
V. An urban lot split parcel map shall be acceptable only with the written consent of all parties having any record title interest in the real property to be subdivided.
W. Separate Conveyance.
1. Within a resulting lot.
i. Primary dwelling units on a lot that are created by an urban lot split may not be owned or conveyed separately from each other.
ii. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
X. For every newly created lot, one new shade tree shall be planted or kept on the property with a minimum of one tree per existing parcel.
18.54.060 Application of Objective Standards.
Development proposed on lots created by an urban lot split subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet in floor area. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding stories, off-street parking, front yard setbacks, or lot configuration shall be approved unless the applicant demonstrates to the Community Development Director’s satisfaction that there is no other way to physically accommodate two 800-square foot units on the site.
18.54.070 Grading plan.
There shall be filed with each urban lot split map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate Ordinance No. 2022-1207
approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map.
18.54.080 Preliminary title report.
There shall be filed with each urban lot split map, a current preliminary title report of the property being subdivided or altered.
18.54.090 Application fee for urban lot split map.
An urban lot split must provide payment of the fees subject to the City’s adopted fee schedule. If the actual cost of providing a service under this title is less than the amount deposited, the City Treasurer will refund any amount remaining in the deposit. If the actual cost of providing a service under this title is more than the amount deposited, the person requesting the service must pay to the City Treasurer an amount equal to the deficiency. If the person fails to pay the deficiency upon demand by the City Treasurer, the City may recover the deficiency in a court of competent jurisdiction. Until the deficiency is paid in full, the project for which the service was requested is considered incomplete.
18.54.100 Department of Community Development – Duties.
The Director of the Department of Community Development or his or her designee is authorized and directed to carry out the following duties, concerning applications for urban lot split maps under this chapter:
A. Obtain the recommendations of other city departments, governmental agencies, or special districts as may be deemed appropriate or necessary by the Community Development Director in order to carry out the provisions of this code.
B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application.
C. Any approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
D. Any approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorney’s fees and costs associated with enforcing the requirements of this code.
18.54.110 Consideration of urban lot split map – Notice of decision.
After a complete application for an urban lot split map is filed with it, the Department of Community Development shall ministerially approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the City. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval.
18.54.120 Disapproval of urban lot split map.
The Department of Community Development shall not approve an urban lot split map under any of the following circumstances:
A. The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.
B. The subdivision proposes creation of more than two lots or more than four units total among the two lots.
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C. The Department of Community Development finds that the urban lot split map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
D. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined, and determined in paragraph (2) of subdivision (d) of Government Code 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. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this title. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this title.
18.54.130 Transmittal of urban lot split map to County Recorder.
After the approval by the City of an urban lot split map, the applicant or its agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).
18.54.140 Correction and amendment of urban lot split map.
Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act.
18.54.150 Additional subdivisions prohibited.
No further subdivision of parcels created using the urban lot split subdivision procedures of this chapter shall be permitted.
18.54.160 Residential developments in single-family zones.
A. Purpose and Findings.
1. The purpose of this section is to provide regulations for the establishment of two-unit residential developments in single-family residential zones and to define an approval process for such two-unit residential developments consistent with Government Code Sections 65852.21, or any successor statute. The intent of this section is to provide opportunities for more housing in existing single-family residential zones as mandated by state law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
2. 87 percent of Imperial Beach lies within the Coastal Zone and the City’s Local Coastal Program Land Use Plan was certified by the California Coastal Commission in 1984. The City is bordered on the north by a U.S. Naval Communication Station within the City of Coronado’s jurisdiction and the southern shore of San Diego Bay, on the east by the City of San Diego, on the south by the Tijuana River National Estuarine Research Reserve and the U.S./Mexican border, and on the west by the Pacific Ocean. The annual visitors, coupled with historic development patterns of the City has created a significant impact on the City’s limited parking supply in the Coastal Zone that would be exacerbated by allowing two-unit residential developments to be built without certain parking requirements, as it would shift residential parking from on-site to on-street. The City’s Certified Local Coastal Ordinance No. 2022-1207
Program mandates certain parking requirements to be met, including the number of offstreet parking spaces for dwellings, to ensure and maintain public access to the coast.
The California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided for in Government Code Section 65852.21(k), except that the City shall not be required to hold public hearings for coastal development permit applications for a two-unit residential development pursuant to this section.
3. Two-unit residential developments are residential uses consistent with the uses permitted in zones that allow for single-family residential development.
4. 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.
5. 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.
6. Government Code Section 65852.21 preempts the density limitations established by the General Plan and the underlying zones in which two-unit residential developments created pursuant to the requirements of this subsection are permitted. Incompatibility with the City’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this section.
B. A two-unit residential development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this section, a two-unit residential development contains two residential units if the development proposes two new units or if it proposes to add one new unit to one existing unit.
1. If a parcel includes an existing single-family home, one additional unit of not more than 800 square feet in floor area may be developed pursuant to this section. No more than 25 percent of the existing exterior structural walls shall be demolished to create the two-unit residential development, unless the existing single-family home has not been occupied by a tenant in the last three years.
2. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units of not more than 800 square feet in floor area each may be developed pursuant to this section.
3. Each unit in a two-unit residential development shall be separated by a distance of at least ten feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.
4. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. Unit means any dwelling unit, including, but not limited to a primary dwelling unit, a unit created under this section, an ADU, or a JADU. If a parcel was created subject to the urban lot split subdivision provisions of this chapter and includes an existing or proposed two-unit development, then no accessory dwelling units or junior accessory Ordinance No. 2022-1207
dwelling units are permitted on the parcel. If a parcel was created subject to the urban lot split subdivision provisions of this chapter and includes one primary dwelling unit only, then one accessory dwelling unit or one junior accessory dwelling unit for each primary dwelling unit is permitted. New ADUs that are provided on parcels that have been created as part of an urban lot split must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22.
5. A lot that is not created by an urban lot split may have a two-unit residential development under this section plus any ADU or JADU that is specifically allowed under state law and the City’s ordinance. New ADUs must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. In any event, no more than four total units (including primary dwelling units, ADUs and JADUs in any combination) on a lot.
C. A two-unit residential development shall be prohibited in each of the following circumstances:
1. The two-unit residential development would 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. An applicant for a two-unit residential development must demonstrate whether any existing housing on the parcel was owner occupied or vacant to the Community Development Director’s satisfaction.
2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
3. The proposed housing development proposes to demolish more than 25 percent of the existing exterior structural walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
4. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, 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.
5. The two-unit residential development is on a parcel that does not meet the requirements of paragraph (2) of subdivision (a) of Government Code section 65852.21 or any successor provision thereof.
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6. The two-unit residential development would cause there to be more than four total units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units – on any single parcel or on any two parcels that were created using the urban lot split subdivision provisions of this chapter.
D. Any construction of a two-unit residential development shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, stories, setback, lot coverage, landscaping, usable open space, off-street parking, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this code, subject to the following exceptions:
1. 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. Verification of size and location of the existing and proposed structure by City staff requires the applicant to provide pre- and post-construction surveys by a California licensed land surveyor to the City’s satisfaction.
2. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.
3. Limits on lot coverage, floor area ratio, landscaping, usable open space, and unit size must permit two units of 800 square feet in connection with a two-unit residential development. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet in floor area. No waivers or reductions to applicable requirements regarding height, stories, off-street parking, usable open space, landscaping, or front yard setbacks shall be approved unless the applicant demonstrates to the Community Development Director’s satisfaction that there is no other way to physically accommodate two 800-square foot units on the site.
4. New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet and one story in height.
5. New dwelling units proposed in connection with a two-unit residential development shall demonstrate compliance with other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the Community Development Director in order to carry out the provisions of this code.
6. All dwelling units created in connection with a two-unit residential development shall have independent exterior access.
7. For applications that do not involve an urban lot split subdivision pursuant to this chapter, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two-unit residential development by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied.
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8. Two-unit residential developments shall only be used for rentals of terms of longer than thirty days.
9. To ensure compliance with the provisions of the California Coastal Act of 1976 and the approved Land Use Plan of the City’s Certified Local Coastal Program, the following parking requirements apply:
a. For lots within the Coastal Zone as defined in Section 19.04.245 of this code, parking spaces for new units shall be provided in accordance with Chapter 19.48. b. For lots outside of the Coastal Zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
1. The parcel is located within one-half mile walking distance of either a highquality 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.
2. There is a car share vehicle located within one block of the parcel. c. If a two-unit residential development replaces an existing garage or other required parking, replacement spaces shall be provided in accordance with the requirements of the underlying zone.
10. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit shall utilize the same exterior materials and colors as the existing dwelling unit.
11. Two-unit residential developments shall provide a new or separate utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.
12. Two-unit residential developments shall be required to provide fire sprinklers.
13. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
Ordinance No. 2022-1207
E. Applications for two-unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the director of community development. Incomplete applications will be returned with an explanation of what additional information is required. Any approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. Any approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorney’s fees and costs associated with enforcing the requirements of this code.
F. A proposed two-unit residential development 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, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, 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.
G. Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney which includes the restrictions of this chapter and applicable state law. Among other things, the covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than the allowable total units may be created on any single parcel or on any two parcels created using urban lot split subdivision procedures. The covenant shall include the development standards for any new units. New ADUs must meet the development criteria provided in this chapter and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.
H. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.
Section 3. Section 18.44.020 of the Imperial Beach Municipal Code is hereby amended to read as follows:
Any person proposing to create a minor subdivision pursuant to this chapter shall file with the City Planner a tentative parcel map pursuant to the provisions of this title. The City Engineer shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the City Planner, or on appeal by the City Council unless the subdivision is being filed under the provisions of Government Code Section 66411.7.
Section 4. Section 18.48.010 of the Imperial Beach Municipal Code is hereby amended to read as follows:
Except as otherwise provided in this title, and subject to the provisions of the Subdivision Map Act, all minor subdivisions shall meet the dedication, improvement, fee, and other requirements applicable to major subdivisions pursuant to Chapters 18.16 through 18.36 and Ordinance No. 2022-1207
18.60. In addition to the above requirements, minor subdivisions pursuant to Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.
Section 5. Section 18.52.010 of the Imperial Beach Municipal Code is hereby amended to read as follows:
All parcel maps shall conform to the requirements of the Subdivision Map Act and this chapter and also shall conform to the requirements specified in the report of the City Planner approving or conditionally approving the tentative parcel map, unless an appeal is made by the subdivider to the City Council and the City Council modifies, rejects, or overrules the recommendations of the City Planner, in which event the map also shall conform to the requirements of the City Planner as modified by the City Council and the requirements imposed by the Council. All parcel maps shall be in the form and shall contain the data prescribed in the rules and regulations prescribed by the City Planner and approved by the City Council. Parcel Maps filing under the provisions of Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.
Section 6. Section 18.08.010 of the Imperial Beach Municipal Code is hereby amended by adding two new definitions to the section to be included in alphabetical order consistent with the section:
“Two-unit residential development” is a housing development that 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
An “urban lot split” is the subdivision of 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.
Section 7. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
Section 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, if for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk of the City of Imperial Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.
Ordinance No. 2022-1207
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 16th day of February 2022, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 2nd day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER LYON
CITY ATTORNEY