AN ADJOURNED MEETING
CITY OF LA VERNE
CITY COUNCIL AGENDA
Tim Hepburn, Mayor
Muir Davis, Mayor Pro Tem
Robin Carder, Council Member
Rick Crosby, Council Member
Wendy M. Lau, Council Member
www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street
La Verne, CA 91750
Monday, March 07, 2022 - 5:00 p.m.
La Verne City Hall - Council Chambers
3660 D Street, La Verne, CA 91750
In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting. Regular Meetings are held on the 1st and 3rd Monday of every month.
The meeting will be opened to the public. In an effort to keep a safe environment and to minimize the spread of the COVID-19 Virus, the City will be limiting occupancy and requiring masking for all that will be in attendance. To facilitate public participation for those who do not wish to attend in person, the meeting will still be made available virtually to residents. Below are the following opportunities on how to participate:
1) View the meeting through the City’s website at www.cityoflaverne.org and click on the green “Council Meeting Live Stream” button.
2) Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing.
3) Individuals who wish to share their comments directly during the meeting may do so by emailing the Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on. Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3-minutes is set for all public comments.
4) If you wish to participate via Zoom, you will need to register at https://us02web.zoom.us/webinar/register/WN_i67SLBNUTPOgukWodJt -vA before 5:00 p.m. on Monday, March 7, 2022, and please be aware that space is limited. You will have the ability to watch the meeting in real time and raise your hand to request to comment as appropriate on the current agenda item(s). Once it is your turn to speak, you will be brought into the meeting and have the ability to turn your video on when called upon.
AGENDA, La Verne City Council Adjourned Meeting, Monday, March 7, 2022
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Council Member Lau, Council Member Crosby, Council Member Carder, Mayor Pro Tem Davis and Mayor Hepburn.
4. The City Council will meet with Staff to Review for a City Council Study Session on SB 9 - Staff will present an overv iew of Senate Bill 9, which went into effect on January 1, 2022, which allows for additional residential development on single- family zoned properties throughout the State. Staff will seek direction from the City Council on certain aspects so that a draft ordinance can be brought back before the Planning Commission and City Council in future public hearings.
5. PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]. Your public comment will be shared with the City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
6. Adjournment.
The Next Regular Meeting of the La Verne City Council
is scheduled for Monday, March 7, 2022, at 6:30 p.m.
ADVISORY STAFF
Robert Russi, City Manager
JR Ranells, Assistant to the City Manager
Robert Kress, City Attorney
Lupe Gaeta Estrella, Assistant City Clerk
Shawn Igoe, Public Works Director
Eric Scherer, Director of Community Development
Marla Pendleton, Finance Director
Colleen Flores, Police Chief
Christopher Nigg, Fire Chief
Yvonne Duran, Community Services Manager
Cody Howing, City Engineer
Posting Statement: On March 1, 2022, a true and correct copy of this Agenda was posted on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at cityoflaverne.org.
CITY COUNCIL STUDY SESSION
SENATE BILL 9 (SB 9)
March 7, 2022
SB 9 INTRODUCTION & OVERVIEW
REQUIREMENTS AND LIMITATIONS
Dwelling Unit and Parcel Creation
Sample Application of Objective Standards
WHY ARE WE NOT DISCUSSING SENATE BILL 10 TONIGHT?
Cities are NOT REQUIRED to utilize SB 10 to rezone around transit stations, SB 10 only ALLOWS them to do so.
SB 9 INTRODUCTION & OVERVIEW
ADDS TWO SECTIONS TO THE STATE GOVERNMENT CODE
RELATED TO RESIDENTIAL HOUSING DEVELOPMENT:
Ministerial approval of two (2) units on a single family lot Ministerial approval of Urban Lot Splits
Signed into law on September 16, 2021
Effective January 1, 2022
Applies to City even if no ordinance is adopted
BENEFITS OF A CITY SB 9 ORDINANCE
Protects and preserves the character and nature of
City’s residential communities to the extent feasible
Preserves the City’s ability to enforce objective
design standards:
Establish regulations that are both compliant with State law and allows the City to enforce standards that are not pre- empted
Provides clarity to those who choose to initiate SB 9 projects
Ensures consistency in processing proposed SB 9
projects
SB 9 PERMITTED EXCLUSIONS
DOES NOT APPLY TO LAND IN CERTAIN AREAS, MOST OF WHICH ARE NOT APPLICABLE TO LA VERNE. APPLICABLE CATEGORIES INCLUDE:
Areas within very high fire hazard severity zones - Building Code Areas within earthquake fault zone - Building Code
Special flood hazard areas – No areas in La Verne
Regulatory floodway – None in La Verne
Lands identified for conservation in a protection plan, a habitat for protected species, or lands under conservation easement – Open Space Properties
Parcel is not within a historic district, on the State Historic Resources Inventory, and is not designated as a city landmark or historic property pursuant to city ordinance – Mills Act Properties (approx. 25) SB 9 PERMITTED EXCLUSIONS
Prohibits demolition or alteration to existing residential structures that:
Restrict rents to affordable income levels
Are subject to rent control
Have been occupied by a renter in last 3 years
SB 9 – TWO-UNIT DEVELOPMENT KEY PROVISIONS
Allows up to two (2) new units, or the addition of one new unit to a lot with an existing unit in single family residential zones Allows City to impose objective standards, provided that two residential units of at least 800 square feet can fit on the lot ADUs and JADUs must still be allowed where there is no lot split. This would most often result in three (3) units on the original parcel Establishes maximum side and rear lot standards of four (4) feet Sets maximum of one off-street parking space required per unit – with certain exemptions
Prohibits short-term rentals of units
SB 9 – URBAN LOT SPLIT KEY PROVISIONS
Parcels in single family residential zones may be subdivided into two (2) parcels:
No parcel can be smaller than 40% of the original
Both new parcels must be at least 1,200 sq. feet
A maximum of two (2) SB 9 dwellings on each new lot. ADUs need not be approved when utilizing lot split provisions (total of 4, not 6 units) Applicant must sign affidavit of intent to occupy one unit for 3 years after date of map approval – no other owner-occupancy requirements allowed
Neither owner of parcel being subdivided, nor any person acting in concert with owner , may have previously subdivided an adjacent parcel using SB 9
SB 9 LOT SPLIT EXAMPLE
SB 9 – URBAN LOT SPLIT KEY PROVISIONS
No splitting parcels that have previously been split
Parcels must have access to or adjoin a public right-of-way City cannot require dedications of rights-of-way, nor the construction of offsite improvements
City can require easements for provision of public services and facilities
SB 9 – DENIALS
Cannot deny adjacent or connected structures if they meet building code standards, and are sufficiently allow separate conveyance
Lot split cannot be denied or conditioned on correction of non- conforming zoning conditions
May deny lot split or two-units on a lot if the building official makes a written finding based on the preponderance of the evidence that the project would have a specific, adverse impact on public health and safety or physical environment and no way to mitigate or avoid the impact
CITY MAY IMPOSE OBJECTIVE STANDARDS
(MUST APPROVE TWO UNITS OF 800 SF EACH REGARDLESS)
May allow demolition of more than 25% of existing home Height limit
Size limit (at least 800 SF)
Front yard setback
Building separation
Lot coverage
Street frontage requirement for each lot (min. 10’ directly abutting a public right-of-way)
Open space requirements
Objective design standards
Prioritize which standards get waived to allow 800 SF units
CITY MAY IMPOSE OBJECTIVE STANDARDS
(MUST APPROVE TWO UNITS OF 800 SF EACH REGARDLESS)
Prioritized Standards
(Importance: Low – High)
1. Minimum 10’ Lot Frontage to Street or Alleyway
2. Maximum Driveway Requirement
3. Building Separation Requirement
4. Open Space Requirement
5. Lot Coverage Requirement
6. Building Height
7. Front Yard Setback
NEXT STEPS
Staff to receive direction from the Council on the
level of objective standards to include in the
ordinance
Staff will draft the ordinance
Public hearing before the Planning Commission for
recommendation to the Council
Public hearing before the Council for adoption
QUESTIONS?