La Mesa City Council
January 25, 2022

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January 25, 2022
Mayor and Members of the City Council
Megan Wiegelman, City Clerk ~
Greg Humora, City MdLi<n
Glenn Sabine, City At~~
Introduction and First Reading of an Ordinance of the City Council of the City of La Mesa Amending Sections 2.71.010 and 2.85.010 of the La Mesa Municipal Code ("LMMC") to Authorize Nonresidents to Serve on the Youth Advisory Commission and as the Youth Representative on the Environmental Sustainability Commission Provided They Attend School in the City of La Mesa (Subject to Applicable Rules)
At the Council meeting of January 11, 2022, the Council directed staff to bring back an Ordinance for introduction and first reading updating the membership requirements for the City's Youth Advisory Commission and the Youth Representative on the Environmental Sustainability Commission to authorize nonresidents to serve on the Commissions provided they attend school in the City of La Mesa.

Staff recommends the Council approve the introduction and first reading of the Ordinance amending Sections 2.71.010 and 2.85.010 of the LMMC.

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTIONS 2.71.010 AND 2.85.010 OF THE LA MESA MUNICIPAL

CODE TO AUTHORIZE NONRESIDENTS TO SERVE ON THE YOUTH

ADVISORY COMMISSION AND AS THE YOUTH REPRESENTATIVE ON THE

ENVIRONMENTAL SUSTAINABILITY COMMISSION PROVIDED THEY

ATTEND SCHOOL IN THE CITY OF LA MESA (SUBJECT TO APPLICABLE RULES)
THE CITY COUNCIL OF THE CITY OF LA MESA DOES ORDAIN AS FOLLOWS:

SECTION 1: Section 2. 71.010 of the La Mesa Municipal Code is hereby amended to read as follows:
"There is hereby created the Youth Advisory Commission of the City of La Mesa. The Commission shall consist of nine members and six alternates. The age of each member at the time of appointment or reappointment shall be not less than thirteen years nor more than twenty years, three hundred sixty-four days. All members shall be residents of the City or attend school in the City. Each member is entitled to vote on matters before the commission. Alternates shall attend the Commission meetings and may only vote in the event of the absence of a Commission Member. For purposes of this Section, the phrase 'attending school' shall mean either public or private school, general or special education program (K-1ih grade), or college or university. It does not mean an independent special interest program (such as karate or ballet instruction).

SECTION 2: Section 2.85.010 of the La Mesa Municipal Code is hereby amended to read as follows:
"There is hereby created the environmental sustainability commission (commission) of the City of La Mesa. The commission shall consist of thirteen members. Six members shall be residents of the City of La Mesa with voting privileges, one member shall be a resident of the City of La Mesa or attend school in the City of La Mesa, and six members shall be advisory members from the business community without voting privileges. The seven members that are residents of the City of La Mesa shall be comprised as follows: two members from the general populous; three members with professional experience related to environmental sustainability; one member representing the senior adult population (at the time of appointment shall be not less than fifty-five years of age); and one member representing the youth population (at the time of appointment or reappointment shall not be less than thirteen years nor more than twenty-one years of age and live or attend school in the City of La Mesa). Each of the seven members shall be entitled to one vote on matters before the commission. The six members from the business community shall be representatives from the city's water utility, franchise waste and recycling hauler, electricity and gas utility, San Diego Community Power, high school, and elementary/middle school district. These six members shall not be required to be residents of the city, but shall act as advisory members on the commission and shall not be entitled to vote.

For purposes of this Section, the phrase 'attending school' shall mean either public or private school, general or special education program (K-1ih grade), or college or university. It does not mean an independent special interest program (such as karate or ballet instruction).

SECTION 3: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once in the Daily Transcript within 15 days of its adoption.

INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 25th day of January 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 8th day of February 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:

MARK ARAPOSTATHIS, Mayor
ATTEST:

MEGAN WIEGELMAN, CMC, City Clerk

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2022 duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

STAFF RE PORT
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: January 25, 2022
SUBJECT: Introduction and First Reading of an Ordinance to amend La Mesa Municipal Code Title 22 (Subdivisions) and Title 24 (Zoning) to establish standards for the implementation of the two-unit residential development and urban lot split provisions of Senate Bill No. 9
ISSUING DEPARTMENT: Community Development

SUMMARY
Issues:

Should the La Mesa Municipal Code Title 22 (Subdivisions) and Title 24 (Zoning) be amended to establish standards for the implementation of the two-unit residential development and urban lot split provisions consistent with Senate Bill No. 9? Recommendation:

Introduce for First Reading an Ordinance (Attachment A) to amend La Mesa Municipal Code Title 22 (Subdivisions) and Title 24 (Zoning) to establish standards for the implementation of the two-unit residential development and urban lot split provisions of Senate Bill No. 9.

Fiscal Impact:

There would be no impact to the General Fund related to this project. City of La Mesa policy is to recover 100% of the cost of staff time through application processing fees.

Site plan review fees would be collected for two-unit residential development and urban lot split applications. Parcel map fees would also be collected for urban lot splits.

City's Strategic Goal:
• Revitalize neighborhoods and corridors
• Ensure safe and affordable homes for all current and future residents.

Environmental Review:

Senate Bill No. 9 provides that the adoption of standards to implement its provisions is not a project as defined in the California Environmental Quality Act (CEQA) and therefore not subject to environmental review.

Report to Mayor and City Councilmembers
Date: January 25, 2022
Page: 2 of 6
BACKGROUND:

Senate Bill 9 ("SB 9/ Attachment B), which became effective January 1, 2022, requires the City to approve the development of two residential units on a lot in a single-family zone that meets specified requirements ministerially. Additionally, SB 9 requires the City to approve the subdivision of lots in single-family zones into two lots of approximately the same area through a ministerial process. Only established objective subdivision, zoning, and design standards may be applied to a ministerial process; no discretion or subjective judgment may be exercised.

Two-unit Residential Development:

The development of two units on one single-family residential lot in accordance with SB 9 is referred to as "two-unit residential development." SB 9 specifies many requirements for two-unit residential development. The development must satisfy the requirements of Government Code section 65913.4(a)(6)(B-K), which prohibits or limits development on a site that is prime farmland, wetlands, in a very high fire hazard severity zone, a hazardous waste site, in a delineated earthquake fault zone, or subject to flooding, among others. The development cannot require demolition or alteration of restricted affordable housing or any housing that has been occupied by a tenant in the last three years. Demolition of more than 25% of the existing exterior structural walls is prohibited, but may be allowed by local ordinance provided the site has not been occupied by a tenant in the last three years. The development cannot be located within a site designated or listed by the state or locally as a historic landmark, historic property, or historic district.

The City may adopt an ordinance to implement the two-unit development provisions of SB 9.

Only objective zoning, subdivision, and design standards may be imposed on two-unit residential development and standards cannot preclude development of two units of 800 square feet each. No setback can be required for the conversion of existing structures, or replacement in the same location and to the same dimensions. Otherwise, setbacks of not more than four feet may be required from side and rear lot lines. Not more than one parking space per unit may be required, except no parking may be required if the development is within one-half mile walking distance from a high-quality transit corridor or a major transit stop or there is a car share vehicle within one block of the parcel. Two-unit residential developments may be denied if the building official makes a written finding that the project will have a specific adverse impact, which means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as defined in Government Code section 65589.5(d)(2).

Rental of any units created by two-unit development must be of a term longer than 30 days. The construction of accessory dwelling units may be prohibited on projects utilizing authority under SB 9 for both two-unit development and for urban lot split. Adjacent and connected structures are allowed provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

Urban Lot Splits:

The subdivision of one lot in a single-family residential zone into two lots of approximately the same size under the provisions of SB 9 is known as an "urban lot split." An urban lot

Report to Mayor and City Councilmembers
Date: January 25, 2022
Page: 3 of 6
split may subdivide an existing parcel to create no more than two parcels of approximately equal area, with one parcel not smaller than 40% of the lot area of the original parcel.

Newly created parcels can be no smaller than 1,200 square feet, but a local agency may adopt an ordinance to allow a smaller minimum lot size. A parcel map for urban lot split must satisfy the requirements of Government Code section 65913.4(a)(6)(B-K), which prohibits or limits development on a site that is prime farmland, wetlands, in a very high fire hazard severity zone, a hazardous waste site, in a delineated earthquake fault zone, or subject to flooding, among others. An urban lot split cannot require demolition or alteration of restricted affordable housing or housing that has been occupied by a tenant in the last three years. Urban lot splits are prohibited within a site designated or listed locally as a historic landmark, historic property, or historic district. A parcel to be subdivided by urban lot split cannot have been established by a prior urban lot split. An urban lot split is prohibited if the owner or anyone acting in concert with the owner has previously subdivided an adjacent parcel by urban lot split.

The City may adopt an ordinance to implement the urban lot split provisions of SB 9, but the approval process for an urban lot split must be ministerial and without any discretionary review. Urban lot splits must conform to objective standards of the Subdivision Map Act.

The City cannot require dedications of right of way or construction of offsite improvements as a condition of approval of an urban lot split but easements may be required for urban lot splits for the provision of public services and facilities. Parcels created by urban lot split may be required to have access to, provide access to, or adjoin the public right of way. Not more than one parking space per unit may be required, except no parking may be required if the development is within one-half mile walking distance from a high-quality transit corridor or a major transit stop or there is a car share vehicle within one block of the parcel.

Only objective zoning, subdivision, and design standards may be imposed on urban lot splits, and standards cannot preclude development of two units of 800 square feet each on each resulting lot. No setback can be required for the conversion of existing structures, or replacement in the same location and to the same dimensions. Otherwise, setbacks of not more than four feet may be required from side and rear lot lines. Adjacent and connected structures are allowed provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. The correction of nonconforming zoning conditions cannot be required as a condition of approval of an urban lot split. Urban lot splits may be denied if the building official makes a written finding that the project will have a specific adverse impact, which means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as defined in Government Code section 65589.5(d)(2).

Uses allowed on parcels created by urban lot split shall be limited to residential uses. The number of dwelling units allowed on each parcel created by urban lot split can be limited to two per parcel, inclusive of accessory dwelling units (ADU). Rental of any units on parcels created by urban lot split must be of a term longer than 30 days. An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. No other owner occupancy standards can be imposed.

Report to Mayor and City Councilmembers
Date: January 25, 2022
Page: 4 of 6
DISCUSSION:

The provisions of SB 9 became effective January 1, 2022, and City development staff has received numerous inquiries regarding development under SB 9. It is anticipated that property owners will be eager to begin the process to develop their properties under SB 9 as soon as possible. Staff developed a draft ordinance (Attachment A) with standards to guide development under SB 9. The standards identified in the draft ordinance include all of the standards required by SB 9 for two-unit residential development and for urban lot splits. The draft ordinance references or includes all of the objective subdivision, zoning, and design standards in the La Mesa Municipal Code currently applicable to single-family residential development and to parcel map subdivisions. Similar to the City's ADU regulations, the height of structures are limited when they are located outside the typical setbacks applicable to a property when a project utilizes the reduced setbacks of SB 9. Additionally, there are several areas where SB 9 presents policy choices to the City. As an interim measure, the standards as presented in the draft ordinance were put into effect administratively as of the effective date of SB 9.

Ordinance: SB 9 provides that the City may adopt an ordinance to implement its provisions.

Staff developed the attached draft ordinance to implement SB 9 for consideration by the City Council.

Demolition: SB 9 provides that not more than 25% of the exterior walls of an existing housing development may be demolished unless allowed by local ordinance. Staff suggests that the limit on demolition may unnecessarily hinder the development potential of properties developed under SB 9. The attached draft ordinance would allow demolition without this limitation. In any case, SB 9 prohibits demolition when the existing housing development has been occupied by a tenant in the past three years.

Accessory Dwelling Units: For projects that utilize both the urban lot split and two-unit residential development provisions of SB 9, the City can prohibit the development of accessory dwelling units (ADUs, inclusive of junior accessory dwelling units (JADUs)).

Additionally, the City could limit the development of ADUs on lots utilizing the two-unit residential development standards and maintain compliance with State ADU laws. Staff suggests that projects that utilize any of the provisions of SB 9 be limited to a total of four dwelling units. For comparison, a typical single-family property currently could be developed with a primary dwelling unit, and ADU, and a JADU, for a total of three units. Projects utilizing two-unit residential development standards could construct the two units allowed by SB 9 and additionally construct two dwelling units, which could consist of two ADUs, an ADU and a JADU, or two JADUs. Projects utilizing urban lot split provisions could construct two units on each lot using the two-unit residential development standards, or could construct a primary unit and an ADU or a JADU on each resulting lot. In no case would more than four dwelling units be allowed on a lot that utilizes the provisions of SB 9. The draft ordinance includes these limitations.

Minimum Lot Size: SB 9 allows lot sizes as small as 1,200 square feet, but allows localities to adopt a smaller minimum lot size. Staff advises that a smaller minimum lot size is not advisable. The draft ordinance includes a minimum lot size of 1,200 square feet.

Report to Mayor and City Councilmembers
Date: January 25, 2022
Page: 5 of 6
Pedestrian Access Easements: The parking standards for properties developed under SB 9 provide that no parking is required within one-half mile walking distance from a high-quality transit corridor or a major transit stop. In La Mesa, there is one high-quality transit corridor along the route of MTS Route 1, which travels along El Cajon Boulevard, La Mesa Boulevard, Allison Avenue, Spring Street, and University Avenue as shown on the attached map (Attachment C). The map also shows the major transit stops, which consists of the five MTS Trolley Stations in the City, and a one-half-mile buffer around them and along Route 1. The buffer provides a suggestion of the approximate area that would be within one-half mile walking distance. Staff suggests that for projects that are not required to provide parking and do not provide parking, vehicular access should not be required. In such circumstances for lots created by urban lot split that do not have direct access to a public street, staff suggests that a pedestrian easement of a minimum of five feet in width and not more than 200 feet in length shall be provided from the public street to the lot. The draft ordinance includes this requirement.

Fees:

The process to review two-unit residential development and urban lots splits will include the same components as the existing site plan review process. The urban lot split process additionally includes the same components as the existing parcel map review process. The adopted fee schedule includes fees for site plan review and parcel map processing. The site plan review fee for small residential development, currently $1,404, would be required for twounit residential development and urban lot split applications. Urban lot splits would also require payment of the parcel map processing fees, currently $4,267.

Planning Commission:

The Planning Commission considered the proposed amendments in a public hearing held on January 5, 2022. The Commission found that the proposed amendments are consistent with the goals and policies of the General Plan and adopted Resolution No. PC-2022-01 (Attachment D) recommending adoption thereof by the City Council. The Planning Commission provided suggested revisions to the draft SB 9 standards related to height limitations for projects utilizing the reduced setbacks provided by SB 9. Similar to ADU regulations, the draft SB 9 standards propose to limit height of new construction that complies with SB 9 setbacks but not the typical setbacks for the zone to one story and 16 feet in height. The Commission suggested that SB 9 development should be limited similarly to multistory development in multifamily zones, where the setback is five feet per story. The Commission suggested that the one-story/16-foot height limit apply only to within 10 feet of the property line, and that two stories should be allowed at a setback of 10 feet. Additionally, the Commission suggested that the height limitation should not apply to setbacks from common, interior lot lines created by SB 9 urban lot split. The draft ordinance presents the height limitation as suggested by the Planning Commission as a reasonable balance between allowance of development under SB 9 and reducing impact of such development on neighboring properties.

Public Notice:

Notification of the January 25, 2022, public hearing to consider this matter was published in the San Diego Daily Transcript on January 14, 2022.

Report to Mayor and City Councilmembers
Date: January 25, 2022
Page: 6 of 6
Environmental Review:

SB 9 provides that the adoption of standards to implement its provisions is not a project as defined in the California Environmental Quality Act (CEQA) and therefore not subject to environmental review.

CONCLUSION:

Staff recommends that the City Council introduce for First Reading an Ordinance to amend La Mesa Municipal Code Title 22 (Subdivisions) and Title 24 (Zoning) to establish standards for the implementation of the two-unit residential development and urban lot split provisions of Senate Bill No. 9 (Attachment A).

Reviewed by: Respectfully submitted by:

Greg Humora
City Manager
Attachments:

A. Draft Ordinance to Implement Senate Bill No. 9
B. Senate Bill No. 9
munity Development
C. Map of Major Transit Stops and High-Quality Transit Corridors D. Planning Commission Resolution No. PC-2022-01

ATTACHMENT A
1 of 11
ORDINANCE NO. 2022-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING AMENDMENTS TO LA MESA MUNICIPAL CODE TITLE 22
(SUBDIVISIONS) AND TITLE 24 (ZONING) TO ESTABLISH STANDARDS FOR

THE IMPLEMENTATION OF THE TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLIT PROVISIONS OF SENATE BILL NO. 9
WHEREAS, Senate Bill No. 9, signed by the Governor of California on September 16, 2021, and effective January 1 2022, requires the City to approve the development of two residential units on a lot in a single-family zone that meets specified requirements and to approve the subdivision of lots in single-family zones into two lots of approximately the same area through ministerial processes;
WHEREAS, Senate Bill No. 9 provides that a local jurisdiction may establish standards for implementation of its provisions, but only established objective subdivision, zoning, and design standards may be applied; no discretion or subjective judgment may be exercised; WHEREAS, the amendments proposed to Title 22 (Subdivisions) and Title 24 (Zoning) in the draft ordinance include and address all of the provisions of Senate Bill 9, and include or reference all of the objective subdivision, zoning, and design standards applicable to singlefamily residential development and to parcel map subdivision; WHEREAS, Senate Bill No. 9 provides that the adoption of standards to implement its provisions is not considered a project as defined in the California Environmental Quality Act (CEQA) and therefore not subject to environmental review; WHEREAS, the City Council did receive and consider a staff report on this matter (Project 2021-46);
WHEREAS, the City Council did hold a duly noticed public hearing on January 25, 2022, and accepted public testimony in considering the proposed amendments; and WHEREAS, this Ordinance is enacted pursuant to the powers vested in the City pursuant to Article XI, Sections 5 and 7, of the California Constitution.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of La Mesa, California as follows:

SECTION 1: The City Council finds and determines the following:

A. That the foregoing recitals are true and correct and an integral part of the City Council’s decision, and hereby adopts such recitals as findings.

B. Senate Bill No. 9 provides that the adoption of an ordinance to implement its provisions is not a project under the California Environmental Quality Act.

SECTION 2: La Mesa Municipal Code (LMMC) Section 22.01.030 – Definitions is hereby amended as follows:
. . .
“N. ‘Urban lot split’ means a residential subdivision of an existing single, legal lot in a single-family residential zone into two parcels of approximately equal lot area as authorized by California Government Code Section 66411.7.” NO. ‘Vesting Tentative Map’ is a map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with the proceedings established in Chapter 22.07 of the Subdivision Code of the City of La Mesa. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map.” SECTION 3: The LMMC is hereby amended by adding a new chapter, Chapter 22.045 – Urban Lot Split, as follows:
“Chapter 22.045 URBAN LOT SPLIT

22.045.010 – Urban lot splits generally
A. Purpose and Intent. The purpose of this Chapter is to provide regulations for urban lot split parcel maps in single-family residential zones in accordance with Government Code Section 66411.7, or any successor statute. The intent of this Chapter is to increase opportunities to provide more housing in single-family residential zones consistent with state housing laws, and to provide objective standards for the orderly development of urban lot splits.

B. An application for an urban lot split parcel map shall be considered ministerially, without discretionary review or a hearing, if it meets all of the standards in this Chapter.

C. No person shall create an urban lot split subdivision except by the filing of an urban lot split parcel map approved pursuant to this Title and the Subdivision Map Act.

D. Parcels created by an urban lot split shall have a minimum area of 1,200 square feet, and one of the parcels shall not be less than 40% of the area of the original parcel before subdivision.

E. An urban lot split shall be prohibited in each of the following circumstances:

1. The parcel contains a designated historic landmark or is on the State Historic Resources Inventory, or is within a designated historic district.

2. The urban lot split would require demolition or alteration of any of the following:
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 has been occupied by a tenant in the last three years.

3. The parcel was created by prior urban lot split as provided by this Chapter.

4. The owner of the parcel or any person acting in concert with the owner of the parcel has previously subdivided an adjacent parcel utilizing the urban lot split process.

F. Parcels created by an urban lot split shall be limited to only residential uses.

G. Notwithstanding any other provision, regulation, or standard, the development of at least two units of a minimum of 800 square feet shall not be precluded on each lot of a parcel otherwise eligible for an urban lot split.

H. Prior to recordation of the urban lot split parcel map, an applicant, except a community land trust or qualified nonprofit corporation, for an urban lot split shall sign an affidavit that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.

I. Prior to recordation of the urban lot split parcel map, the property owner shall cause to be recorded Covenants, Conditions, and Restrictions (CC&Rs) against the property, of a form and content satisfactory to the Director of Community Development. The CC&Rs shall require that the use and development of the property be in accordance with this chapter, and to notify future owners of the restrictions on rental terms and the restrictions on the number of dwelling units permitted.

22.045.020 Application and approval of urban lot split
A. The subdivider applying for an urban lot split shall file the following material with the director of community development.

1. A fee determined by city council resolution.

2. Urban lot split parcel map copies in the quantity to be specified by the director of community development.

3. A grading plan showing any grading proposed for the creation of building sites or for construction or installation of improvements. The grading plan together with the original topographical contours may both be shown on the urban lot split parcel map.

4. A county health department certification for each lot for which a sanitary sewer is not available, that the lot is approved for installation of an on-site sewage disposal system.

5. 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.

B. The Director of Community Development is authorized as the approval agency for urban lot splits and is directed to:

1. Prescribe, subject to the approval of the city council, such additional rules and regulations as are advisable with respect to processing procedures or requirements for urban lot split subdivisions.

2. Prescribe such additional rules and regulations as are advisable with respect to the form and contents of urban lot split parcel maps or data supplemental thereto.

3. Obtain the recommendations of the city engineer, building official, and fire marshal with respect to the design and the kind, nature and extent of the required improvements. Such recommendations shall be in writing and a copy shall be furnished to the subdivider at least three days before any action on the map by the director of community development.

4. Prescribe the kind, nature and extent of the improvements to be constructed or installed in or to serve the subdivision for which an urban lot split parcel map is filed, and to establish agreements with the subdivider regarding the time when such improvements shall be required.

5. Approve, conditionally approve or disapprove urban lot split parcel maps filed pursuant to this Chapter.

6. Extend the time at which an urban lot split parcel map expires. Such an extension shall not exceed twelve months at any one time nor shall the aggregate of all extensions equal more than twenty-four months.

7. Certify each urban lot split parcel map in accordance with this title.

C. An urban lot-split may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact as defined and determined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate the specific, adverse impact.

D. The correction of nonconforming zoning conditions shall not be required as a condition of approval of an urban lot split parcel map.

E. An urban lot split parcel map shall be disapproved for failure to meet or perform any of the requirements or conditions imposed by this Chapter or the Subdivision Map Act, and city of La Mesa ordinances enacted pursuant thereto.

F. After the approval by the city of an urban lot split parcel map, the applicant or its agent shall transmit the map the County Recorder.

22.045.030 Requirements for urban lot splits
A. An urban lot split parcel map must be prepared in full compliance with the objective standards of the Subdivision Map Act and this Title.

B. Easements sufficient to permit installation and maintenance of publicly maintained storm drainage facilities, sewerage, street lighting, and other public utilities shall be provided and shall be shown on the map.

C. Except as provided in Section 22.045.030D, each lot shall have frontage on a dedicated street or a street offered for dedication; provided that access to the land to be subdivided may be effected by a private road easement, if no access to the property to be subdivided exists on the effective date of this title, and subdivision of the area to provide improved street access would not be practical without extensive redevelopment because of the built-up character of the area.

1. The minimum width of an easement access, if permitted, shall be:
a. Sixteen feet for an easement serving a one-family dwelling, or b. Twenty-two feet for an easement serving two or more family dwelling units.

2. Emergency vehicular access shall be provided to all lots in accordance with the California Fire Code. Turnaround areas may be required.

D. For urban lot splits that are not required to provide parking spaces and do not provide parking spaces, vehicular access shall not be required. In such circumstances for lots that do not have direct access to a public street, a pedestrian easement of a minimum of five feet in width and not more than 200 feet in length shall be provided from the public street to the lot.

E. The side lines of lots with street frontage shall be approximately at right angles to the street line on straight streets or radial to curved streets.

F. Improvements required for the subdivision shall be shown on or indicated as a condition of approval on the urban lot split parcel map. The minimum required improvements shall be:

1. Storm drainage and flood control facilities within the subdivision sufficient to carry storm runoff both tributary to and originating within the subdivision.

2. A public sewerage system serving each lot of the subdivision.

3. A water supply system providing an adequate supply of potable water to each lot and fire hydrant within the subdivision. The water system shall be of the size and design prescribed by the Helix Water District, subject to the approval of the city engineer.

4. Fire hydrants and connections which shall be of the types and at locations specified by the fire marshal.

5. Survey monuments.

6. Public utilities including gas, electric and telephone distribution facilities necessary to separately serve each lot of the subdivision.

7. Plans, profiles and specifications of required improvements shall be furnished to, and approved by, the city engineer prior to the approval of the parcel map by the director of planning. Construction of improvements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued.

8. Security for improvements shall be provided in accordance with Section

24.04.020D.

G. An urban lot split map shall be based upon a field survey made in accordance with the Land Surveyor's Act, or it may be compiled from recorded or filed data when sufficient survey information exists on filed maps to retrace the exterior boundary lines of the subdivision, and at least one boundary line can be established by locating two existing monuments of record located on that line.

H. The subdivider shall cause survey monuments to be set by a licensed land surveyor or registered civil engineer prior to the approval of the parcel map by the Director of Community Development. The required monuments to be set shall include monuments at each corner and the beginning and end points of each curve on the subdivision boundary and each lot boundary; provided that only one monument shall be set at subdivision and lot corners which are coincident, and that any existing record and identified monument which meets all other requirements of this section need not be replaced. Monuments may be offset and as a minimum shall consist of:

1. An iron pipe three-fourths inch in diameter at least eighteen (18) inches in length. The top of the pipe shall be filled with a metal, plastic, or cement plug to a depth of at least three inches and centered with a tack and disc, or

2. An iron rod one-half inch in diameter at least one foot in length, or

3. A metal plug with tack and disc set flush with the surface in Portland Cement Concrete sidewalk, curb or pavement.

I. Urban lot split parcel maps shall comply with and provide all of the information required by Section 22.04.030B.”
SECTION 4: LMMC Section 24.01.100 – Definitions is hereby amended as follows:
“’Two-unit residential development’ means residential development of not more than two residential units on one legal lot in a single-family residential zone as authorized by California Government Code Section 65852.21. A residential development contains two residential units if the development proposes no more than two units or if it proposes to add one new unit to one existing unit.”
SECTION 5: The LMMC is hereby amended by adding Section 24.04.050A(11) as follows:
“(11) Units in two-unit residential
development, or on lots created by
urban lot split
One or no parking spaces. See Section

24.05.032I”

SECTION 6: La Mesa Municipal Code (LMMC) Section 24.05.020A – Permitted Principal Uses and Structures is hereby amended as follows:
“A. Permitted Principal Uses and Structures.

1. In Zones R1E, R1R, R1S and R1:
a. Agriculture other than the raising of animals or fowl. b. One, one-family dwelling unit per lot.
c. Mobilehomes and homes manufactured offsite, installed on a permanent foundation in accordance with Section 65852.3 of the California Government Code.
d. Residential care facility, licensed by the state of California, serving six or fewer persons.
e. Two-unit residential development in accordance with Section 24.05.032.

2. In zone R1A:
a. One, one-family dwelling unit per lot; except that, on a lot of at least nine thousand square feet in area, one additional detached one-family dwelling is permitted; or
b. Residential care facility, licensed by the state of California, serving six or fewer persons.
c. Two-unit residential development in accordance with Section 24.05.032.” SECTION 7: The LMMC is hereby amended by adding Note 8 to Section 24.05.030B as follows:
“Notes: Irrespective of these requirements the following shall apply:
. . .
8) The minimum lot size for an urban lot split is 1,200 square feet as per Section

22.045.010D.”
SECTION 8: The LMMC is hereby amended by adding Section 24.05.032 – Two-Unit Residential Development and Urban Lot Split Development as follows:
“24.05.032 Two-unit residential development and urban lot split development A. Purpose and Intent

1. The purpose of this section is to provide regulations for two-unit residential development in single-family residential zones in accordance with Government Code Section 65852.21 and, as applicable, Government Code Section 66411.7, or any successor statutes. The intent of this section is to increase opportunities to provide more housing in single-family residential

zones consistent with state housing laws, and to provide objective standards for the orderly development of two-unit residential development.

2. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot. If for any reason the development is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the two-unit residential development, including, but not limited to, the requirements for open yard, setbacks, and covered parking.

B. An application for a two-unit residential development shall be considered ministerially, without discretionary review or a hearing, if it meets all of the standards in this section.

C. A two-unit residential development shall not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, or similar design or development standard.

D. Prior to issuance of any permit for a two-unit residential development and/or prior to the recordation of an urban lot split parcel map, the property owner shall cause to be recorded Covenants, Conditions, and Restrictions (CC&Rs) against the property, of a form and content satisfactory to the Director of Community Development. The CC&Rs shall require that the use and development of the property be in accordance with this section, and to notify future owners of the restrictions on rental terms and the restrictions on the number of dwelling units permitted.

E. Two-unit residential development shall be prohibited in each of the following circumstances:

1. On lots with a designated historic landmark or that are on the State Historic Resources Inventory, or within a designated historic district.

2. The two-unit residential development would require demolition or alteration of any of the following:
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 has been occupied by a tenant in the last three years.

F. Notwithstanding any other provision, regulation, or standard, the development of at least two units of a minimum of 800 square feet shall not be precluded on a lot otherwise eligible for two-unit residential development.

G. Except as provided in this section, all objective development standards of this Title shall apply to two-unit residential development.

H. Setbacks

1. Two-unit residential developments and lot created by urban lot split shall comply with the front setback of the underlying zoning designation.

2. Two-unit residential developments and lots created by urban lot split shall provide side and rear setbacks of not less than four feet.

3. Notwithstanding Section 24.05.032H1 or any other setback regulation, the setback from a common, interior property line created by an urban lot split shall be not less than four feet.

4. Two-unit residential development and development on lots created by urban lot split that does not comply with the rear yard setback established by the underlying zoning designation or overlay zone shall be limited to a height of one story and 16 feet within 10 feet of the rear property line. This provision shall not apply to rear yards adjacent to a common, interior property line created by an urban lot split.

5. In zoning designations where the required side yard setback is 10 feet or more, two-unit residential development and development on lots created by urban lot split that does not comply with the side yard setback established by the underlying zoning designation or overlay zone shall be limited to a height of one story and 16 feet within 10 feet of the side property lines. This provision shall not apply to side yards adjacent to a common, interior property line created by an urban lot split.

6. Adjacent or connected structures may be allowed for two-unit residential development and urban lot splits provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

7. Notwithstanding any other provision, regulation, or standard, for two-unit residential developments and lots created by urban lot split, 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. Additions to an existing structure or a structure constructed in the same location as an existing structure shall be allowed provided that the addition complies with all standards of this section and this Title, including setbacks and height limitations.

I. Parking: Each unit in a two-unit residential development or on a lot created by urban lot split shall be provided with one parking space, except no parking is required when:

1. The lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor.

2. There is a car share vehicle within one block of the lot.

J. Rental terms for any residential unit created under the provision of this section or for any unit on a lot created by urban lot split shall be for periods of 31 consecutive days or longer. Rental tenancy cannot terminate, and new tenancy

cannot commence, prior to the expiration of at least one 31-consecutive-day occupancy period by the same tenant.

K. Dwelling units permitted

1. No more than a total of four dwelling units, inclusive of accessory dwelling units, shall be permitted on any one lot utilizing two-unit development standards.

2. A total of two accessory dwelling units may be allowed on a property utilizing the two-unit development standards. One of the accessory dwelling units may be a junior accessory dwelling unit.

3. Notwithstanding Sections 24.05.032K1 and K2, no more than a total of two units shall be permitted on any one lot that was created utilizing the urban lot split provisions of Chapter 22.045. Accessory dwelling units or junior accessory dwelling units shall not be permitted on lots created utilizing the urban lot split provisions of Chapter 22.045 and that additionally utilize the two-unit residential development standards of this section.

L. All applicable Building and Fire Codes shall apply to two-unit residential developments, including but not limited to construction standards related to building separation, fire sprinkler requirements, accessibility standards, and Fire Department access and water availability requirements.

M. A two-unit residential development may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact as defined and determined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate the specific, adverse impact.

SECTION 9: This ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once within 15 days of its adoption.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of La Mesa, California, held on the 25th day of January, 2022, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the XXth day of XXXXX, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:
___________________________
Mark Arapostathis, Mayor
ATTEST:
_________________________________
MEGAN WIEGELMAN, CMC, City Clerk

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411. 7 to, the Government Code, relating to land use. [Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]

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

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

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

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

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 Attachment B

Ch.162 -2-
months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

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

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency :from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

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

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

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

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94

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

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

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

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

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

The people of the State of California do enact as follows:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form ofrent or price control through a public entity's valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
94

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(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. ( 6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback ofup to four feet from the side and rear lot lines.
( c) In addition to any conditions established in accordance with subdivision (b ), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile wallcing distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. ( d) Notwithstanding subdivision ( a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94

-5 Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
( e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b ), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) "Local agency" means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 197 6 (Division 20 ( commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
94

Ch. 162 -6-
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
( 1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94

-7- Ch.162
2 ( commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. ( c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size ofless than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback ofup to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision ( d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. ( e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
( 1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile wall<.ing distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) ( 1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94

Ch.162 -8-
housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.

G) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision ( c ), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) "Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94

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considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
( o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 197 6 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation oflaw according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision ( e ), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
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(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
( d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
94

-11- Ch.162
(f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b ), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94

Ch. 162 -12-
because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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SanGIS 2021 , City of La Mesa 2021
Attachment C Page 196 of 209
RESOLUTION NO. PC 2022-01

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA

MESA DETERMINING THAT PROPOSED AMENDMENTS TO LA MESA
MUNICIPAL CODE TITLE 22 (SUBDIVISIONS) AND TITLE 24 (ZONING) TO

ESTABLISH STANDARDS FOR THE IMPLEMENTATION OF THE TWO-UNIT

RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLIT PROVISIONS OF SENATE BILL NO. 9 ARE CONSISTENT WITH THE GENERAL PLAN,

AND RECOMMENDING ADOPTION THEREOF BY THE CITY COUNCIL
WHEREAS, Senate Bill No. 9, signed by the Governor of California on September 16, 2021, and effective January 1 2022, requires the City to approve the development of two residential units on a lot in a single-family zone that meets specified requirements and to approve the subdivision of lots in single-family zones into two lots of approximately the same area through ministerial processes;
WHEREAS, Senate Bill No. 9 provides that a local jurisdiction may establish standards for implementation of its provisions, but only established objective subdivision, zoning, and design standards may be applied; no discretion or subjective judgment may be exercised; WHEREAS, the amendments proposed to Title 22 (Subdivisions) and Title 24 (Zoning) in the draft ordinance included as Exhibit A hereto include and address all of the provisions of Senate Bill 9, and include or reference all of the objective subdivision, zoning, and design standards applicable to single-family residential development and to parcel map subdivision; WHEREAS, Senate Bill No. 9 provides that the adoption of standards to implement its provisions is not considered a project as defined in the California Environmental Quality Act (CEQA) and therefore not subject to environmental review; WHEREAS, the Planning Commission did receive and consider a staff report regarding this matter (Project 2021-46); and
WHEREAS, the Planning Commission conducted a public hearing on January 5, 2022, regarding the herein proposed amendments to Title 22 (Subdivisions) and Title 24 (Zoning) of the La Mesa Municipal Code, considered public testimony; and WHEREAS, notice of the public hearing was made at the time and in the manner required by law.

THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

1. The proposed amendments to Title 22 (Subdivisions) and Title 24 (Zoning) of the La Mesa Municipal Code as shown in Exhibit A are consistent with the goals and objectives of the City of La Mesa General Plan.

2. Senate Bill No. 9 provides that the adoption of an ordinance to implement its provisions is not a project under the California Environmental Quality Act.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La 1 of 2 ATTACHMENT D

Mesa, California as follows:

1. The foregoing recitals and determinations are true and correct and an integral part of the Planning Commission's decision, and are hereby made a part hereof.

2. The foregoing findings of fact and determinations are supported by the staff report, plans, and exhibits, all of which are herein incorporated by reference.

3. The Planning Commission recommends that the City Council adopt the proposed amendments to La Mesa Municipal Code Title 22 (Subdivisions) and Title 24 (Zoning) to establish standards for the implementation of the two-unit residential development and urban lot split provisions of Senate Bill No. 9 as shown in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of La Mesa, California, held the 5th day of January 2022, by the following vote, to wit:

A YES: Chair Newland and Commissioners Alvarado, Cooper, Coston, Jones, and Torpey
NOES: None
ABSENT: None
ABSTAIN: None
I, Kerry Kusiak, Secretary of the City of La Mesa Planning Commission, do hereby certify the foregoing to be a true and exact copy of Resolution PC-2022-01, duly passed and adopted by the Planning Commission.
2 of 2 Page 198 of 209

EXHIBIT A
ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING AMENDMENTS TO LA MESA MUNICIPAL CODE TITLE 22
(SUBDIVISIONS) AND TITLE 24 (ZONING) TO ESTABLISH STANDARDS FOR

THE IMPLEMENTATION OF THE TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLIT PROVISIONS OF SENATE BILL NO. 9
WHEREAS, Senate Bill No. 9, signed by the Governor of California on September 16, 2021, and effective January 1 2022, requires the City to approve the development of two residential units on a lot in a single-family zone that meets specified requirements and to approve the subdivision of lots in single-family zones into two lots of approximately the same area through ministerial processes;
WHEREAS, Senate Bill No. 9 provides that a local jurisdiction may establish standards for implementation of its provisions, but only established objective subdivision, zoning, and design standards may be applied; no discretion or subjective judgment may be exercised; WHEREAS, the amendments proposed to Title 22 (Subdivisions) and Title 24 (Zoning) in the draft ordinance included as Exhibit A hereto inclqd.� and address all of the provisions of Senate Bill 9, and include or reference all of the objective subdivision, zoning, and design standards applicable to single-family residential development and to parcel map subdivision; WHEREAS, Senate Bill No. 9 provides that the adoption of standards to implement its provisions is not considered a project as defined in the California Environmental Quality Act (CEQA) and therefore not subject to environmental review; WHEREAS, the City Council did receive and consider a staff report on this matter (Project 2021-46);
WHEREAS, the City Go1.mcil did hold a duly noticed public hearing on XXXXX XX, 2022, and accepted public testimony in considering the proposed amendments; and WHEREAS, this Ordinance is enacted pursuant to the powers vested in the City pursuant to Article XI, Sections 5 and 7, of the California Constitution.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of La Mesa, California as follows:

SECTION 1: The City Council finds and determines the following:

A That the foregoing recitals are true and correct and an integral part of the City Council's decision, and hereby adopts such recitals as findings.

B. Senate Bill No. 9 provides that the adoption of an ordinance to implement its provisions is not a project under the California Environmental Quality Act. 1 of 11

SECTION 2: La Mesa Municipal Code (LMMC) Section 22.01 .030 - Definitions is hereby amended as follows:
"N. "Urban lot split" means a residential subdivision of an existing single, legal lot in a single-family residential zone into two parcels of approximately equal lot area as authorized by California Government Code Section 66411.7." -NO. "Vesting Tentative Map" is a map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with the proceedings established in Chapter 22.07 of the Subdivision Code of the City of La Mesa. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map." SECTION 3: La Mesa Municipal Code (LMMC) Chapter 22.045 - Urban Lot Split is hereby added as follows:
"Chapter 22.045 URBAN LOT SPLIT

22.045.010 - Urban lot splits generally
A. Purpose and Intent. The purpose of this Chapter is to provide regulations for urban lot split parcel maps in single-family residential zones in accordance with Government Code Section 66411.7, or any successor statute. The intent of this Chapter is to increase opportunities to provide more housing in single-family residential zones consistent with state housing laws, and to provide objective standards for the orderly development of urban lot splits. !1 An application for an urban lot split parcel map shall be considered ministerially, without discretionary review or a hearing, if it meets all of the standards in this Chapter.

C. No person shall create an urban lot split subdivision except by the filing of an urban lot split parcel map approved pursuant to this Title and the Subdivision Map Act.

D. Parcels created by an urban lot split shall have a minimum area of 1200 square feet, and one of the parcels shall not be less than 40% of the area of the original parcel before subdivision.

E. An urban lot split shall be prohibited in each of the following circumstances:

1. The parcel contains a designated historic landmark or is on the State Historic Resources Inventory, or is within a designated historic district. ~ The urban lot split would require demolition or alteration of any of the following:
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 .
.Q,. Housing that has been occupied by a tenant in the last three years.

.1. The parcel was created by prior urban lot split as provided by this Chapter.

4. The owner of the parcel or any person acting in concert with the owner of parcel the have previously subdivided an adjacent parcel utilizing the urban lot split process.

E. Parcels created by an urban lot split shall be limited to only residential uses.

G. Notwithstanding any other provision, regulation, or standard, the development of at least two units of a minimum of 800 square feet shall not be precluded on each lot of a parcel otherwise eligible for an urban lot split.

H. Prior to recordation of the urban lot split parcel map, an applicant, except a community land trust or qualified nonprofit corporation, for an urban lot split shall sign an affidavit that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.

I. Prior to recordation of the urban lot split parcel map, the property owner shall cause to be recorded Covenants, Conditions, and Restrictions (CC&Rs) against the property, of a form and content satisfactory to the Director of Community Development. The CC&Rs shall require that the use and development of the property be in accordance with this chapter, and to notify future owners of the restrictions on rental terms and the restrictions on the number of dwelling units permitted.

22.045.020 Application and approval of urban lot split
A The subdivider applying for an urban lot split shall file the following material with the director of community development.
.:L. A fee determined by city council resolution.
~ Urban lot split parcel map copies in the quantity to be specified by the director of community development.

3. A grading plan showing any grading proposed for the creation of building sites or for construction or installation of improvements. The grading plan together with the original topographical contours may both be shown on the urban lot split parcel map.

4. A county health department certification for each lot for which a sanitary sewer is not available, that the lot is approved for installation of an on-site sewage disposal system.

5. 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.

B. The Director of Community Development is authorized as the approval agency for urban lot splits and is directed to:

1. Prescribe, subject to the approval of the city council, such additional rules and regulations as are advisable with respect to processing procedures or requirements for minor subdivisions.

2. Prescribe such additional rules and regulations as are advisable with respect to the form and contents of urban lot split parcel maps or data supplemental thereto.
~ Obtain the recommendations of the city engineer, building official, and fire marshal with respect to the design and the kind, nature and extent of the required improvements. Such recommendations shall be in writing and a copy shall be furnished to the subdivider at least three days before any action on the map by the director of community development.

4. Prescribe the kind, nature and extent of the improvements to be constructed or installed in or to serve the subdivision for which a tentative parcel map is filed, and to establish agreements with the subdivider regarding the time when such improvements shall be required.

5. Approve, conditionally approve or disapprove urban lot split parcel maps filed pursuant to this Chapter.
§,. Extend the time at which an urban lot split parcel map expires. Such an extension shall not exceed twelve months at any one time nor shall the aggregate of all extensions equal more than twenty-four months.

L. Certify each urban lot split parcel map in accordance with this title.

C. An urban lot-split may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact as defined and determined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate the specific, adverse impact.

D. The correction of nonconforming zoning conditions shall not be required as a condition of approval of an urban lot split parcel map.

E. An urban lot split parcel map shall be disapproved for failure to meet or perform any of the requirements or conditions imposed by this Chapter or the Subdivision Map Act, and city of La Mesa ordinances enacted pursuant thereto.

F. After the approval by the city of an urban lot split parcel map, the applicant or its agent shall transmit the map the County Recorder.

22.045.030 Requirements for urban lot splits
A. An urban lot split parcel map must be prepared in full compliance with the objective standards of the Subdivision Map Act and this Title.

B. Easements sufficient to permit installation and maintenance of publicly maintained storm drainage facilities, sewerage, street lighting, and other public utilities shall be provided and shall be shown on the map.

C. Except as provided in Section 22.045.0300, each lot shall have frontage on a dedicated street or a street offered for dedication; provided that access to the land to be subdivided may be effected by a private road easement, if no access to the property to be subdivided exists on the effective date of this title, and subdivision of the area to provide improved street access would not be practical without extensive redevelopment because of the built-up character of the area.

1. The minimum width of an easement access, if permitted, shall be:
a. Sixteen feet for an easement serving a one-family dwelling, or b. Twenty-two feet for an easement serving two or more family dwelling units.

2. Emergency vehicular access shall be provided to all lots in accordance with the California Fire Code. Turnaround areas may be required.

D. For urban lot splits that are not required to provide parking spaces and do not provide parking spaces, vehicular access shall not be required. In such circumstances for lots that do not have direct access to a public street, a pedestrian easement of a minimum of five feet in width and not more than 200 feet in length shall be provided from the public street to the lot.

E. The side lines of lots with street frontage shall be approximately at right angles to the street line on straight streets or radial to curved streets.

F. Improvements required for the subdivision shall be shown on or indicated as a condition of approval on the tentative parcel map. The minimum required improvements shall be:

1. Grading and improvement of adjacent public and private streets and alleys including surfacing, curbs, gutters, cross gutters, sidewalks, ornamental street lighting, street name signs and necessary barricades and safety devices.

2. Storm drainage and flood control facilities within the subdivision sufficient to carry storm runoff both tributary to and originating within the subdivision.

3. A public sewerage system serving each lot of the subdivision.

4. A water supply system providing an adequate supply of potable water to each lot and fire hydrant within the subdivision. The water system shall be of the size and design prescribed by the Helix Water District, subject to the approval of the city engineer.

5. Fire hydrants and connections which shall be of the types and at locations specified by the fire marshal.

6. Survey monuments.

7. Public utilities including gas, electric and telephone distribution facilities necessary to separately serve each lot of the subdivision.

8. Plans, profiles and specifications of required improvements shall be furnished to, and approved by, the city engineer prior to the approval of the parcel map by the director of planning. Construction of improvements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued.

G. An urban lot split map shall be based upon a field survey made in accordance with the Land Surveyor's Act, or it may be compiled from recorded or filed data when sufficient survey information exists on filed maps to retrace the exterior boundary lines of the subdivision, and at least one boundary line can be established by locating two existing monuments of record located on that line . .tL The subdivider shall cause survey monuments to be set by a licensed land surveyor or registered civil engineer prior to the approval of the parcel map by the Director of Planning. The required monuments to be set shall include monuments at each corner and the beginning and end points of each curve on the subdivision boundary and each lot boundary; provided that only one monument shall be set at subdivision and lot corners which are coincident, and that any existing record and identified monument which meets all other requirements of this section need not be replaced. Monuments may be offset and as a minimum shall consist of:
.1. An iron pipe three-fourths inch in diameter at least eighteen (18) inches in length. The top of the pipe shall be filled with a metal, plastic, or cement plug to a depth of at least three inches and centered with a tack and disc, or

2. An iron rod one-half inch in diameter at least one foot in length, or ~ A metal plug with tack and disc set flush with the surface in Portland Cement Concrete sidewalk, curb or pavement.

L Urban lot split parcel maps shall comply with and provide all of the information required by Section 22.04.0308."
SECTION 4: La Mesa Municipal Code (LMMC) Section 24.01.100 - Definitions is hereby amended as follows:
'"'Two-unit residential development" means residential development of not more than two residential units on one legal lot in a single-family residential zone as authorized by California Government Code Section 65852.21. A residential development contains two residential units if the development proposes no more than two units or if it proposes to add one new unit to one existing unit."
SECTION 5: La Mesa Municipal Code (LMMC) Section 24.04.050A - Residential is hereby amended as follows:
"(11) Units in two-unit residential
development, or on lots created by
urban lot split
One or no parking spaces. See Section

24.05.0321"

SECTION 6: La Mesa Municipal Code (LMMC) Section 24.05.020A - Permitted Principal Uses and Structures is hereby amended as follows:
"A. Permitted Principal Uses and Structures.

1. In Zones R1E, R1R, R1S and R1:
a. Agriculture other than the raising of animals or fowl. b. One, one-family dwelling unit per lot.
c. Mobilehomes and homes manufactured offsite, installed on a permanent foundation in accordance with Section 65852.3 of the California Government Code.
d. Residential care facility, licensed by the state of California, serving six or fewer persons.
e. Two-unit residential development in accordance with Section 24.05.032.

2. In zone R1A:
a. One, one-family dwelling unit per lot; except that, on a lot of at least nine thousand square feet in area, one additional detached one-family dwelling is permitted; or
b. Residential care facility, licensed by the state of California, serving six or fewer persons.
c. Two-unit residential development in accordance with Section 24.05.032." SECTION 7: La Mesa Municipal Code (LMMC) Section 24.05.030B hereby amended as follows:
"Notes: Irrespective of these requirements the following shall apply:
"8) The minimum lot size for an urban lot split is 1,200 square feet as per Section

22.045.01 OD."
SECTION 8: La Mesa Municipal Code (LMMC) Section 24.05.032 - Two-Unit Residential Development and Urban Lot Split Development is hereby added as follows:

24.05.032 Two-unit residential development and urban lot split development A. Purpose and Intent
L The purpose of this section is to provide regulations for two-unit residential development in single-family residential zones in accordance with Government Code Section 65852.21 and, as applicable, Government Code Section 66411. 7, or any successor statutes. The intent of this section is to increase opportunities to provide more housing in single-family residential

zones consistent with state housing laws, and to provide objective standards for the orderly development of two-unit residential development. £. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot. If for any reason the development is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the two-unit residential development, including, but not limited to, the requirements for open yard, setbacks, and covered parking. ~ An application for a two-unit residential development shall be considered ministerially, without discretionary review or a hearing, if it meets all of the standards in this section.

C. A two-unit residential development shall not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, or similar design or development standard.

D. Prior to issuance of any permit for a two-unit residential development and/or prior to the recordation of an urban lot split parcel map, the property owner shall cause to be recorded Covenants, Conditions, and Restrictions (CC&Rs) against the property, of a form and content satisfactory to the Director of Community Development. The CC&Rs shall require that the use and development of the property be in accordance with this section, and to notify future owners of the restrictions on rental terms and the restrictions on the number of dwelling units permitted.
!;,. Two-unit residential development shall be prohibited in each of the following circumstances:
.1. On lots with a designated historic landmark or that are on the State Historic Resources Inventory, or within a designated historic district.

2. The two-unit residential development would require demolition or alteration of any of the following:
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 has been occupied by a tenant in the last three years.

E. Notwithstanding any other provision, regulation, or standard, the development of at least two units of a minimum of 800 square feet shall not be precluded on a lot otherwise eligible for two-unit residential development.

G. Except as provided in this section, all objective development standards of this Title shall apply to two-unit residential development.

H. Setbacks
.L Two-unit residential developments and lot created by urban lot split shall comply with the front setback of the underlying zoning designation. ~ Two-unit residential developments and lots created by urban lot split shall provide side and rear setbacks of not less than four feet. ~ Notwithstanding Section 24.05.032H1 or any other setback regulation, the setback from a common, interior property line created by an urban lot split shall be not less than four feet.

4. Two-unit residential development and development on lots created by urban lot split that does not comply with the rear yard setback established by the underlying zoning designation or overlay zone shall be limited to a height of one story and 16 feet within 10 feet of the rear property line. This provision shall not apply to rear yards adjacent to a common, interior property line created by an urban lot split.

5. In zoning designations where the required side yard setback is 10 feet or more, two-unit residential development and development on lots created by urban lot split that does not comply with the side yard setback established by the underlying zoning designation or overlay zone shall be limited to a height of one story and 16 feet within 1 0 feet of the side property lines. This provision shall not apply to side yards adjacent to a common, interior property line created by an urban lot split.

6. Adjacent or connected structures may be allowed for two-unit residential development and urban lot splits provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

7. Notwithstanding any other provision, regulation, or standard, for two-unit residential developments and lots created by urban lot split, 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. Additions to an existing structure or a structure constructed in the same location as an existing structure shall be allowed provided that the addition complies with all standards of this section and this Title, including setbacks and height limitations.

L Parking: Each unit in a two-unit residential development or on a lot created by urban lot split shall be provided with one parking space, except no parking is required when
.L The lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor.
~ There is a car share vehicle within one block of the lot.

J. Rental terms for any residential unit created under the provision of this section or for any unit on a lot created by urban lot split shall be for periods of 31 consecutive days or longer. Rental tenancy cannot terminate, and new tenancy

cannot commence, prior to the expiration of at least one 31-consecutive-day occupancy period by the same tenant.

K. Dwelling unit permitted

1. No more than a total of four dwelling units, inclusive of accessory dwelling units, shall be permitted on any one lot utilizing two-unit development standards.

2. A total of two accessory dwelling units may be allowed on a property utilizing the two-unit development standards. The accessory dwelling units may be accessory dwelling units or junior accessory dwelling units. ~ No more than a total of two units shall be permitted on any one lot that was created utilizing the urban lot split provisions of Chapter 22.045. Accessory dwelling units and junior accessory dwelling units shall not be permitted on lots created utilizing the urban lot split provisions of Section 22.045 and that additionally utilize the two-unit residential development standards of this section.
~ All applicable Building and Fire Codes shall apply to two-unit residential developments, including but not limited to construction standards related to building separation, fire sprinkler requirements, accessibility standards, and Fire Department access and water availability requirements.

M. A two-unit residential development may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact as defined and determined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate the specific, adverse impact.

SECTION 9: This ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once within 15 days of its adoption.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of La Mesa, California, held on the XXth day of XXXXX, 2022, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the XXth day of XXXXX, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:

Mark Arapostathis, Mayor

ATTEST:

MEGAN WIEGELMAN, CMC, City Clerk

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2022- duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)