Attachment A: Project Eligibility Criteria
1. Zoning: The parcel must be in a multi-family zone.
2. Parcel Size: The parcel cannot exceed 5 acres.
3. Surrounding Land Use: At least 75% of the parcel’s perimeter must be adjacent to or separated only by an improved public right-of-way from other parcels used for residential, commercial, public institutions, transit facilities, or retail purposes.
4. Subdivision and Development Limits:
a. The subdivision shall create no more than 10 parcels. b. The housing development project shall include no more than 10 residential units.
5. Housing Density:
a. If the parcel is listed in the City’s Adequate Sites Inventory, it must provide at least as many units as projected.
b. If the parcel is designated within the City’s Housing Element sites inventory for very low or low-income households, it must provide at least the projected number of very low or low-income units.
c. If not listed in the inventory, the development must achieve at least the maximum allowable residential density for the site.
6. Ownership and Unit Size:
a. New units must be on fee simple ownership lots, part of a common interest development, a housing cooperative, or owned by a community land trust. b. The average size of new units must not exceed 1,750 square feet.
7. Affordable Housing: The subdivision and new units must comply with local inclusionary affordable housing requirements, if such requirements exist.
8. Existing Housing Protection: The housing development shall not require the demolition, alteration, or conversion of any of the following housing types:
a. Housing with rent restrictions for low, very low, or extremely low-income households. b. Rent-controlled or price-controlled housing.
c. Housing occupied by tenants in the last five years, including recently demolished or vacated properties.
d. Properties where the owner used California Government Code Chapter 12.75 (Ellis Act) to withdraw rental accommodations in the past 15 years.
9. Environmental and Safety Restrictions:
a. The parcel must not be in a Very High Fire Severity Zone.
b. It must not be a hazardous waste site unless cleared for residential use. c. It should not be within an earthquake fault zone unless it meets seismic building codes. d. It must not contain wetlands, Environmentally Sensitive Lands, or conserved areas. e. It must not be in the Multi-Habitat Planning Area (MHPA) of the MSCP Subarea Plan. f. It should not be Prime farmland or farmland of statewide importance. g. It must not be in a FEMA regulatory floodway or Special Flood Hazard Area unless it has a FEMA Letter of Map Revision or meets floodplain management criteria.
10. Permitting: If a discretionary development permit is needed, the project will not be eligible under SB 684’s provisions.
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOMA LINDA, CALIFORNIA, AMENDING THE MUNICIPAL CODE
TO ESTABLISH A SMALL HOME LOT DEVELOPMENT – 10
RESIDENTIAL UNITS MAXIMUM CHAPTER IN TITLE 17 (ZONING)
OF THE LOMA LINDA MUNICIPAL CODE
WHEREAS, on October 11, 2023, Senate Bill 684 (Chapter 783, Statutes of 2023) was approved by the Governor of the State of California and filed with the Secretary of State, adding to the Government Code Sections 65852.28, 65913.4.5, and 66499.41, allowing ministerial approval of a subdivision of ten or fewer parcels and ten or fewer residential units that meet specified requirements; and
WHEREAS, the changes made to the Government Code by Senate Bill 684 go into effect on July 1, 2024; and
WHEREAS, state law allows a local agency to adopt an ordinance to implement the provisions in Senate Bill 684; and
WHEREAS, the City of Loma Linda (the “City”) has implemented land use policies based on the City’s General Plan, which provide an overall vision for the community and balance important community needs, and the City seeks to ensure that Senate Bill 684 projects are consistent with those policies; and
WHEREAS, the proposed amendments to the City of Loma Linda Municipal Code implement requirements of state law and add local policies that are consistent with the state law and implement the City’s General Plan; and
WHEREAS, the Planning Commission of the City of Loma Linda held a duly and properly noticed public hearing on October 2nd, 2024, to take public testimony and recommended the City Council adopt the proposed ordinance; and
WHEREAS, the City Council has found that the provisions of this ordinance are consistent with the goals and policies of the City’s General Plan; and WHEREAS, the proposed code amendments are intended to implement Senate Bill 684 and are not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code, as provided in Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i).
WHEREAS, the Planning Commission and City Council reviewed the proposed amendments and finds that the Master Development Application No. 2024-0027; Development Code Amendment No. 2024-0006 consistent with the Loma Linda General Plan, is not detrimental to the public health, safety, and general welfare, and is in conformity with good land use practice.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMA LINDA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds that all the facts set forth in the recitals of this ordinance are true and correct.
Council Bill O-2024-06
2 SECTION 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Sections 65852.28, 65913.4.5, and 66499.41.
SECTION 3. Approval. Planning Commission recommended approval and City Council voted to adopt the ordinance approving Master Development Application No. 2024-0027; Development Code Amendment No. 2024-0006, which amends Title 17 (Zoning) of the Loma Linda Municipal Code as indicated in “Exhibit A” and as referenced herein.
SECTION 4. CEQA Findings. The proposed Municipal Code amendment has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq) (“CEQA”). The City Council has determined that the text amendment in this ordinance is not a project under CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, which apply to proposals that are not considered "projects" as defined in Section 15378 of the CEQA Guidelines, and thus is not subject to further environmental review under CEQA.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
SECTION 6. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted within fifteen (15) days from its passage pursuant to Government Code section 36933.
SECTION 7. Effective Date. This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage.
The Ordinance was introduced at a regular meeting of the City Council of the City of Loma Linda held on the on the 22nd day of October, 2024; and was adopted at a regular meeting of the City Council of the City of Loma Linda, California, on the 12th day of November, by the following vote:
___________________________________
Phillip Dupper, Mayor
ATTEST:
____________________________
Lynette Arreola, City Clerk
11/12/2024
376285.1
CERTIFICATION:
I, Lynette Arreola, City Clerk of the City of Loma Linda, do hereby certify that the foregoing ORDINANCE NO.XX was duly adopted by the City Council at a meeting thereof held on the 12th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Lona Linda this 12th day of November 2024.
Lynette Arreola, City Clerk
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Exhibit A
Chapter 17.116 Small Home Lot Development – 10 Residential Units Maximum
17.116.010 Purpose.
A. The purpose of this chapter is to provide objective zoning standards for small lot subdivisions with ten or fewer units, to implement the provisions of state law as reflected in Government Code Section 65852.28, Section 65913.4.5, and Section 66499.41, and to facilitate the development of new residential housing units consistent with the City’s General Plan and ensure sound standards of public health and safety.
If SB 684 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.
17.116.020 Definitions.
A. “Extremely low-income household” has the meaning set forth in Health & Safety Code Section 50106.
B. “Lower-income household” has the meaning set forth in Health & Safety Code Section 50079.5.
C. “Moderate income household” has the meaning set forth in Health & Safety Code Section 50093.
D. “Qualified urban use” has the meaning set forth in Public Resources Code Section 21072.
E. “Substantially surrounded” has the meaning set forth in Public Resources Code Section 21159.25.
F. “Very low-income household” has the meaning set forth in Health & Safety Code Section 50105.
17.116.030 Small Lot Subdivision.
A. The Community Development Director (“Director”) or their designee shall ministerially review, without a hearing, an application for a parcel map or a tentative and final map for a housing development project, and shall approve the application if the criteria in Government Code Section 66499.41 and this section are satisfied.
B. Qualifying Criteria. Within sixty days from the receipt of a complete application, the Director, or their designee, shall determine if the parcel map or tentative and final map for the subdivision meets all the following requirements:
1. The parcel is located within one of the following multi-family residential zones: R3 High Density Residential Zone (0-13 dwelling units/acre), R-4 Very High Density Residential (0-20 dwelling units/acre).
2. The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.
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3. The lot is no larger than five acres and substantially surrounded by qualified urban uses.
4. The lot is a legal parcel.
5. The lot was not established pursuant to this Section 17.116 or an urban lot split pursuant to Government Code Section 66411.7.
6. The newly created parcels are no smaller than 600 square feet.
7. The housing units on the lot proposed to be subdivided are one of the following:
a. Constructed on fee simple ownership lots;
b. Part of a common interest development;
c. Part of a housing cooperative, as defined in Civil Code Section 817; or d. Owned by a community land trust meeting the requirements of Government Code Section 66499.41.
8. The proposed development must meet one of the following:
a. If the parcel is identified in the Housing Element for the current planning period, the development must result in at least as many units as projected for the parcel in the Housing Element. If the parcel is identified to accommodate low- or very-low-income households, the development must result in at least as many low- or very-low income units as projected in the Housing Element. These units shall be subject to a recorded affordability restriction of at least 45 years.
b. If the parcel is not identified in the Housing Element for the current planning period, the development must result in at least as many units as the maximum allowable residential density for the parcel.
9. The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet.
10. The housing development project on the lot proposed to be subdivided adheres to applicable local inclusionary housing policies.
11. The housing development project on the lot proposed to be subdivided 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 low-, very low-, or extremely low-income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that Council Bill O-2024-06
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tenants have vacated prior to the submission of the application for a development permit.
d. 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 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
12. The lot being subdivided is not located on a site identified in Government Code section 66499.41(a)(9) relating to farmland, wetlands, fire hazard severity zones, hazardous waste sites, delineated earthquake faults, flood zones, lands subject to the Natural Community Conservation Planning Act, lands under a conservation easement, or habitat for protected species.
13. The proposed subdivision shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in this chapter and Government Code Section 66499.41.
14. The proposed subdivision complies with all applicable standards established in Section 17.116 and Government Code Section 65852.28.
15. The parcels created pursuant to this Section must be served by a public water system and a municipal sewer system.
16. The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located, and Section 17.115 Objective Design Standards except that a proposed housing development is not required to comply with minimum requirements on size, width, depth, or dimensions of an individual parcel beyond the minimum parcel size specified in Section 6 above.
17. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).
C. Development on Each Lot. At least one residential structure in compliance with applicable provisions of the California Building Standards Code [or including municipal/county code section] must be developed on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
D. Prohibition of Accessory Dwelling and Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit shall not be permitted on a parcel created through this chapter.”
E. Prohibition of Urban Lot Splits. A parcel created under this chapter may not be further subdivided pursuant to an urban lot split under SB 9 (Government Code Section 66411.7).
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F. Declaration of Prior Tenancies. If any existing housing is proposed to be demolished, the owner of the property proposed for the subdivision shall sign an affidavit, in the form approved by the Director, or their designee, stating that none of the conditions listed in Section 11 above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the Director.
G. Specific Adverse Impacts. In addition to the criteria listed in this section, a subdivision proposed under this chapter may be denied if the Director, or their designee, makes a written finding, based on a preponderance of the evidence, that the proposed subdivision or proposed housing development project would have a specific, adverse impact upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
17.116.040 Housing Development of Small Lot Subdivisions A. The Director, or their designee, shall ministerially review, without a hearing, an application for a housing development project on a lot that is subdivided pursuant to Section 17.116 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied.
B. Qualifying Criteria. Within sixty days from the receipt of a complete application, the Director, or their designee, shall determine if the housing development project meets all the following requirements:
1. The proposed housing development is on a lot created in accordance with Section
17.116 and Government Code Section 66499.41.
2. The proposed housing development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located that do not conflict with Section 17.115 and Government Code Sections 65852.28 and 66499.41; provided, however:
a. The Director, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of the development project at 20 dwelling units per acre. Any modifications of development standards shall be the minimum modification necessary.
b. No setback between the units is required, except as provided in the California Building Code (Title 24 of the California Code of Regulations). c. Required rear and side yard setbacks from the original lot line shall equal four feet, except that no setback shall be required for an existing legally Council Bill O-2024-06
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created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
3. Parking. One parking space, which may be uncovered or not enclosed, shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where the parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3.
4. Floor Area Ratio Standards. Floor area ratios shall be consistent with that of the underlying zone, except that:
a. For a housing development project consisting of three to seven units, inclusive, the floor area ratio shall be at least 1.0.
b. For a housing development project consisting of eight to ten units, inclusive, the floor area ratio shall be at least 1.25.
C. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed housing development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
17.116.050 Building Permits for Housing Development of Small Lot Subdivisions A. The Building Official shall issue a building permit for one or more residential units that are part of a housing development project on a lot that is subdivided pursuant to Section 17.116 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied and has met the following criteria:
1. The applicant has received a tentative map or parcel map approval for the subdivision.
2. The applicant has submitted a complete building permit application.
B. Any dedication, improvement, and sewer requirements identified in the approved tentative map or parcel map or its conditions of approval shall be guaranteed to the City’s satisfaction.
C. The applicant must submit proof, to the satisfaction of the city attorney, of a recorded covenant and agreement enforceable by the city that the applicant agrees the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.
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D. The applicant shall provide security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval in the form of bonds, an instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the sufficient funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit from such a financial institution. The amount of the security shall be an amount not more than 300% of the total estimated cost of improvements or acts to be performed.
E. Specific Adverse Impacts. In addition to the criteria listed in this section, issuance of a building permit may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
City of Loma Linda
Regular City Council Staff Report
B. Council Bill No. O-2024-07 (Second Reading) an ordinance of the City Council of the City of Loma Linda amending in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code (Master Development Application No. 2024-0026/Development Code Amendment No. 2024-0005) [Community Development]
Adopt Council Bill #O-2024-07
Meeting
Tuesday, November 12, 2024, 7:00 PM
Agenda Group
Old Business Item: 4B.
To
City Council
From
Lorena Matarrita, Community Development Director
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION
Waive the reading of Council Bill #O-2024-07 in its entirety, direct the Clerk to read by title only, and Adopt an ordinance of the City Council of the City of Loma Linda amending in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code (Master Development Application MDA-2024- 0026/Development Code Amendment DCA-2024-0005).
BACKGROUND
On October 2, 2024, the Planning Commission unanimously recommended approval of Council Bill #O-2024-07,an ordinance of the City Council of the City of Loma Linda amending in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code (Master Development Application MDA-2024-0026/Development Code Amendment DCA-2024-0005). On October 22, 2024, the City Council approved Council Bill #O-2024-07 and set the second reading for November 12, 2024, as recommended by City Staff.
Tonight’s action is to consider the final adoption of the ordinance. If adopted, the ordinance will become effective in thirty (30) days.
FISCAL IMPACT
There is no fiscal impact related to this Municipal Code amendment.
ATTACHMENTS
A. Council Bill #O-2024-07, Ordinance and Exhibit A
Attachments
Attachment A - Ordinance and Exhibit
Attachment A Council Bill O-2024-07
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOMA LINDA, CALIFORNIA, AMENDING IN PART, TITLE 17
(ZONING), CHAPTER 17.110 (ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS) OF THE LOMA
LINDA MUNICIPAL CODE
WHEREAS, the City of Loma Linda wishes to serve the public health, safety, and general welfare and preserve the quality of life throughout the City, through effective land use and planning; and,
WHEREAS, on April 13, 2021, the City Council adopted Ordinance No. 766, establishing Chapter 17.110 of the Loma Linda Municipal Code, to regulate Accessory Dwelling Units and Junior Accessory Dwelling Units within the City’s residential and mixed-use zoning districts; and, in accordance with State law, forwarded the enacting Ordinance to the State Department of Housing and Community Development (HCD) for compliance review; and WHEREAS, on February 11, 2022, HCD provided correspondence indicating that the City’s adopted Ordinance would require minor amendments in order to be deemed compliant with the latest requirements of the State law governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, since the time of HCD’s initial compliance review of the City’s Ordinance, followed by HCD’s updating of their ADU Handbook, the California Legislature continued to pass legislation affecting local agencies adopted regulations for ADUs and JADUs; specifically including Assembly Bill (AB) 2221 and Senate Bill (SB) 897 that went into effect on January 1, 2023; SB 477, enacted in March, 2024, and most recently SB 1211 that will go into effect January 1, 2025; and WHEREAS, amendments, as set for in “Exhibit A” to this Ordinance, are proposed for Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code through the City-initiated Master Development Application (MDA-2024- 0026)/Development Code Amendment (DCA-2024-0005) enabling a comprehensive update of the local regulation of ADUs and JADUs city-wide in compliance with State law; and WHEREAS, on October 2, 2024, the Planning Commission held a duly noticed public hearing on the proposed development code amendment and Ordinance, at which an oral and written presentation was made and comments received, and the Planning Commission made a recommendation to City Council to adopt the ordinance; and, WHEREAS, on October 22, 2024, the City Council conducted the first reading of the development code amendment and the second reading on November 12, 2024 where it adopted the Ordinance, approving Master Development Application (MDA-2024-0026)/Development Code Amendment (DCA-2024-0005); and,
WHEREAS, the Planning Commission and City Council have reviewed the proposed amendments and find that Master Development Application (MDA-2024-0026)/Development Code Amendment (DCA-2024-0005) is consistent with the Loma Linda General Plan, is not detrimental to the public health, safety, and general welfare, and is in conformity with good land use practice.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMA LINDA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this ordinance are true and correct.
Section 2. Environmental Exemption. Pursuant to Section 21080.17 (Amended 8-27-24) of the California Public Resources Code, the adoption of the adoption of Loma Linda Council Bill No. O-2024-07 (MDA-2024-0026/DCA-2024-0005) is statutorily exempt from the California Environmental Quality Act (CEQA), in that CEQA does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code (the State ADU law).
Section 3. Approval. The Planning Commission recommended adoption and City Council hereby adopts Council Bill No. O-2024-07, which amends in part, Title 17 (Zoning), Chapter
17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code (MDA-2024-0026/DCA-2024-0005) as indicated in “Exhibit A” and as referenced herein.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
Section 5. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted within fifteen (15) days from its passage pursuant to Government Code section 36933.
Section 6. Effective Date. This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage.
The Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 22nd day of October 2024 and was adopted on the 12th day of November 2024 by the following vote to wit:
Phillip Dupper, Mayor
Attest:
Lynette Arreola, City Clerk
CERTIFICATION:
I, Lynette Arreola, City Clerk of the City of Loma Linda, do hereby certify that the foregoing ORDINANCE NO.XX was duly adopted by the City Council at a meeting thereof held on the 12th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Lona Linda this 12th day of November 2024.
Lynette Arreola, City Clerk
Exhibit A
Sections:
17.110.010
17.110.020
17.110.030
17.110.040
17.110.050
17.110.060
17.110.070
17.110.080
Muncipal Code Title 17: Chapter 17.110
ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
Purpose and Intent.
Definitions.
Statutory Requirement and Mandatory Approval.
Permitted Zones.
Number and Types of Units Allowed.
Development Standards.
Additional Requirements.
Application and Permits.
17.110.10 Purpose and Intent.
A. Purpose. The purpose of this Chapter is to establish the requirements for the creation of Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Government Code Section 66313, or any successor statute, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City, in compliance with Government Code Sections 66310 – 66342.
B. Intent. It is the intent of this Chapter that any construction, establishment, alteration, enlargement, or modification of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit comply with the requirements of this Chapter and the City’s Building and Fire Codes.
An Accessory Dwelling Unit or Junior Accessory Dwelling Unit that conforms to the standards of this Chapter shall not be:
1. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located.
2. Deemed to exceed the allowable density for the parcel on which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located.
3. Considered in the application of any City ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition as defined in Chapter 17.02 (Introduction and Definitions) or under the provisions of Chapter 17.22 (Nonconforming Uses). This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
17.110.020 Definitions.
The following definitions apply in order to enact the specific requirements of this Chapter:
A. Accessory Dwelling Unit. An Accessory Dwelling Unit is a unit as defined by Government Code Section 66313 to mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and shall have a bathroom, and shall be located on the same parcel as the single-family or multifamily dwelling. An Accessory Dwelling Unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as set forth in Section 18007 of the Health and Safety Code.
B. Attached Accessory Dwelling Unit. An Attached Accessory Dwelling Unit is a unit that shares at least one common wall with the primary dwelling.
C. Detached Accessory Dwelling Unit. A Detached Accessory Dwelling Unit is a unit constructed as a separate structure from a primary dwelling.
D. Efficiency Kitchen. An efficiency kitchen is a kitchen facility that contains a sink with a drain, a cooking facility with appliances, and a dedicated area for food preparation counter space with storage cabinets.
E. Junior Accessory Dwelling Unit. A Junior Accessory Dwelling Unit is a unit as defined by Government Code Section 66313 to mean a residential dwelling unit that is contained entirely within the area of a single-family dwelling. It shall include an efficiency kitchen, and may include a bathroom facility or share bathroom facilities within the single-family dwelling.
F. Multifamily Dwelling or Multifamily Development. For purposes of this Chapter, multifamily dwelling or multifamily development means a structure with two or more attached dwellings on a single parcel. Multiple detached single-family dwellings on the same parcel are not considered multifamily dwellings or multifamily development.
G. Objective Standard. For the purposes of this Chapter, an objective standard is a standard that involves no personal or subjective judgement by a public official and is 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.
H. Passageway. For the purposes of this Chapter, a passageway means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the Accessory Dwelling Unit.
17.110.030 Statutory Requirement and Mandatory Approval.
An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be approved ministerially provided all applicable requirements of this Chapter are met. However, in no case shall any requirements for lot coverage, floor area ratio, open space, minimum lot size, front setback; any other requirements of this Chapter; or any provisions contained elsewhere in Title 17 (Land Use Development Code) be interpreted or implemented in any manner that would preclude the development of:
A. Accessory Dwelling Unit. Any Accessory Dwelling Unit that is up to 800 square feet in size, which has an overall height above grade of no more than 16 feet, and provides minimum four-foot-wide side and rear yard setbacks.
B. Junior Accessory Dwelling Unit. Any Junior Accessory Dwelling Unit that is 500 square feet or smaller in size and contained within an existing or proposed single-family dwelling.
17.110.040 Permitted Zones.
A. Single-Family Zones. An Accessory Dwelling Unit and/or a Junior Accessory Dwelling Unit shall be permitted in conformance with the requirements of this Chapter in all zoning districts allowing single-family development, on parcels developed with existing singlefamily dwellings, or in conjunction with a proposed single-family dwelling.
B. All Zones. Accessory Dwelling Units shall be permitted in conformance with the requirements of this Chapter in all zoning districts allowing or proposing residential development or mixed land use development that includes residential, or on parcels developed with existing residential dwellings where the existing zoning district allows residential uses. An Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall not be created on any parcel that is no longer zoned for residential uses, regardless of whether such parcel is developed with residential structure(s).
17.110.050 Number and Types of Units Allowed.
A. Single-Family Accessory Dwelling Unit. A parcel developed with one existing or proposed single-family dwelling that is located within a zoning district permitting residential uses, shall be permitted to establish one Accessory Dwelling Unit by one of the following means:
1. As a unit attached to an existing or proposed single-family dwelling.
2. As a new detached structure.
3. As an addition attached to an existing or proposed accessory structure.
4. As a conversion of an existing or proposed single-family residence or detached accessory structure, including the addition of up to 150 square feet of newly constructed space as necessary for providing ingress/egress to the unit.
5. Reconstruction of an existing detached accessory structure or habitable area that is proposed to be converted to an Accessory Dwelling Unit, or a portion thereof, in the same location and with the same dimensions and setbacks as provided for the original structure.
B. Single-Family Junior Accessory Dwelling Unit. A parcel developed with one existing or proposed single-family dwelling that is located within a zoning district permitting singlefamily uses, shall be permitted to establish one Junior Accessory Dwelling Unit by one of the following means:
1. As a unit contained entirely within the walls, including both livable and non-livable space, of the existing or proposed single-family dwelling that must be the primary dwelling on an individual parcel.
2. As a unit created within a garage attached to the existing single-family dwelling that must be the primary dwelling on an individual parcel.
C. Unit Combination Limit for Single-Family. The number and combination of units where a parcel is developed with one existing or proposed single-family dwelling is limited to the following:
1. One Attached Accessory Dwelling Unit within the existing or proposed space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety, plus one Junior Accessory Dwelling Unit; and
2. One Detached Accessory Dwelling Unit constructed in conformance with all applicable development standards of this Chapter.
D. Multifamily Accessory Dwelling Units. A parcel developed with an existing multifamily development that is located in a zoning district permitting residential development or mixed land uses that include residential development, shall be permitted to establish Accessory Dwelling Units by one of the following means:
1. By converting non-habitable space, including, but not limited to, storage rooms, passageways, attics, basements, and attached garages, within the walls of an existing multifamily building. Non-habitable space does not include any area of the multifamily building that is intended for human habitation, including living, sleeping, eating, or sanitation.
2. By constructing a new detached structure that is 800 square feet or smaller in size, has an overall height above grade of no more than 16 feet, and provides minimum four-foot-wide side and rear yard setbacks.
E. Unit Limitation for Multifamily. The number of units where a parcel is developed with existing multifamily dwellings is limited to either:
1. A maximum of 25 percent of the existing number of multifamily dwelling units where non-habitable space is being converted, with fractional amounts rounded down; or
2. A maximum of eight Detached Accessory Dwelling Units, each of which is constructed independently of each other and the existing multifamily dwellings, and in conformance with all applicable development standards of this Chapter, provided that the number of Accessory Dwelling Units does not exceed the number of existing units on the parcel. Where a multifamily building is proposed, the maximum number of Detached Accessory Dwelling Units is limited to two.
17.110.060 Development Standards.
The development standards of the zone in which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located shall apply unless specifically modified by the provisions within this Chapter and as follows:
A. Minimum Parcel Area. There shall be no minimum parcel area required in order to establish an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit in any zone.
B. Setback Requirements. Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with the setback requirements applicable to the zoning district, with the following exceptions:
1. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the setback provided for the existing structure.
2. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required, beyond that which was existing. This provision shall only apply to Accessory Dwelling Units that are replacing existing structures within the same footprint and do not increase the existing structure’s size and/or height.
3. Newly constructed Accessory Dwelling Units shall provide a minimum setback of four feet from all side and rear property lines, whether Attached or Detached.
4. No part of an Accessory Dwelling Unit may be closer to the front property line than the front plane of the primary dwelling or 25 feet, whichever is less.
5. If the front yard setback is the only location on the lot where an Accessory Dwelling Unit may be lawfully constructed, then the Accessory Dwelling Unit may encroach into the required front yard setback as necessary to enable the construction of an 800- square foot unit.
C. Building Height. Newly constructed Accessory Dwelling Units shall not exceed an overall height above grade of 16 feet, with the following exceptions:
1. If located within a half-mile of a major transit stop or high-quality transit corridor as defined in California Public Resources Code Section 21155, a Detached Accessory Dwelling Unit that is on the same parcel with either a single-family or multi-family dwelling may be up to 18 feet in height, with an allowance of up to two additional feet, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling.
2. If a Detached Accessory Dwelling Unit is on the same parcel with an existing or proposed multistory, multifamily dwelling, the unit may be up to 18 feet, regardless of proximity to transit.
3. An Attached Accessory Dwelling Unit may be up to 25 feet in height or the primary dwelling height limit of the underlying zoning district, whichever is lower, and limited to two stories.
D. Unit Size. The following unit sizes shall apply:
1. The maximum size of a Detached or Attached Accessory Dwelling Unit is 850 square feet for a unit of up to one bedroom, and 1,000 square feet for a unit with two bedrooms or more.
2. An Attached Accessory Dwelling Unit that is established on a parcel with an existing single-family dwelling is further limited in size to a maximum of 50 percent of the floor area of the existing single-family dwelling up to the above stated maximum size, whichever is greater.
3. The maximum size of a Junior Accessory Dwelling Unit shall be 500 square feet.
4. The minimum size of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
5. There is no size requirement or limit for an Accessory Dwelling Unit converting an existing accessory structure or portion of an existing primary dwelling, unless such conversion includes more than the allowable 150 square foot new construction necessary to provide ingress/egress to the unit; in which case, the size limitations of this subsection shall apply.
E. Design - General. The exterior of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit established by this Chapter shall match the architectural style, colors, finish materials, roof pitch and eave depth, windows, doors, trim, hardware, light fixtures of the primary dwelling on the parcel; and shall comply with any objective design standards adopted by the City that are applicable to the zone in which it is located.
F. Design – Historic Resource. An Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit on a parcel designated as an historical resource listed on the National Register, the California Register of Historic Places, or designated as a local landmark or contributor within the Historic Mission Overlay District shall be subject to applicable requirements of Chapter 17.80 (Historic Preservation) and Chapter 17.82 (Historic Mission Overlay District) and generally to the following:
1. The establishment of the Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall not result in or require a change to the street-facing façade of the primary dwelling.
2. Any other changes required to be made to the other elevations on the exterior of the primary dwelling shall exactly match the existing architectural style, colors, finish materials, roof pitch and eave depth, windows, doors, trim, hardware, light fixtures of the primary dwelling on the parcel, and shall meet all applicable Secretary of the Interior Standards.
3. A parcel with a valid Mills Act Contract shall be subject to adhering to the standards and conditions of that Contract as may be applicable.
F. Fire Sprinklers. An Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall comply with applicable requirements of the State Fire Code as adopted, including any amendments, of Title 15 (Building and Construction), including any fire sprinkler requirement. If fire sprinklers are not required for the primary dwelling pursuant to the applicable sections of Title 15 (Building and Construction), then fire sprinklers shall not be required separately for the Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit.
G. Access. Every Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall have direct exterior access independent of the exterior access of the primary dwelling. The entrance shall, whenever possible, shall be located on a different side of the structure from the entrance to the primary dwelling unit.
H. Passageway. No passageway, as defined herein, shall be required in conjunction with the construction of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit.
I. Parking. Parking shall comply with the applicable requirements of Chapter 17.24 (Parking Regulations) with exception to the following:
1. One off-street parking space is required for each Attached and Detached Accessory Dwelling Unit subject to the following:
a. Parking may be provided as tandem parking, including on a paved driveway; however, no parking shall be permitted in the front setback unless the driveway has a minimum depth of 20 feet.
b. Parking must be located on the same parcel as the unit, on a paved surface, without encroachment beyond the parcel boundaries, and accessible by a paved pathway.
2. No additional parking shall be required for:
a. Junior Accessory Dwelling Units;
b. Accessory Dwelling Units converted as part of a proposed or existing space of a primary dwelling or existing accessory structure;
c. Accessory Dwelling Units located within one-half mile walking distance of public transit, which shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public; d. Accessory Dwelling Units located within the Historic Mission Overlay District; e. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; or
f. When there is a car-share vehicle, a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip, located within one block of the Accessory Dwelling Unit.
3. Replacement. When a garage, carport, uncovered parking space, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit on the same parcel or is converted to an Accessory Dwelling Unit, those off-street parking spaces are not required to be replaced. This provision does not apply where a Junior Accessory Dwelling Unit is established by conversion of any attached garage; in which case, the loss of parking spaces serving the single-family residence shall be replaced in kind.
J. Impact Fees/Utility Connection. All Accessory Dwelling Units and/or Junior Accessory Dwelling Units shall be connected to public utilities (or their equivalent), including water, electric, and sewer services subject to the following:
1. The parcel owner shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000seq., except as specifically provided in Government Code Sections 66324 and 66338. For the purposes of this Subsection, impact fees do not include any connection fee or capacity charge for water or sewer service.
2. No separate connection between the Accessory Dwelling Unit and/or the Junior Accessory Dwelling Unit and the utility shall be required for units created within a single-family dwelling.
3. If the primary dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, Accessory Dwelling Units and Junior Accessory Dwelling Units may connect to the on-site wastewater treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years.
4. No City-imposed impact fees shall be charged to an Accessory Dwelling Unit that is less than 750 square feet in size.
5. For Accessory Dwelling Units 750 square feet or larger, City-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
6. If any agency or special district other than the City imposes impact fees collected by the City, the City shall collect such fees in accordance with such agency’s or district’s fee schedule.
17.110.070 Additional Requirements.
A. No Separate Conveyance. Except as otherwise provided in Government Code Section 66341, an Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be rented, but no Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a singlefamily dwelling) or from the parcel and all of the dwellings (in the case of a multifamily dwelling).
B. Short-Term Lodging. The Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall not be rented for periods of thirty (30) days or less.
C. Owner Occupancy Requirements. The following owner occupancy requirements shall apply:
1. Where a Junior Accessory Dwelling Unit is established as part of a single-family dwelling, a natural person with legal or equitable title to the parcel must reside in either the primary dwelling or the Junior Accessory Dwelling Unit as the person’s legal domicile and permanent residence. However, this owner occupancy requirement shall not apply to any Junior Accessory Dwelling Unit owned by a governmental agency, land trust, or housing organization.
2. Where an Accessory Dwelling Unit is established between January 1, 2020, but prior to January 1, 2025, an owner occupancy requirement shall not apply, except as required for a Junior Accessory Dwelling Unit on the same parcel.
3. Where an Accessory Dwelling Unit is established on or after January 1, 2025 as part of a single-family dwelling, a natural person with legal or equitable title to the parcel must reside in either the primary dwelling or the Accessory Dwelling Unit as the person’s legal and permanent residence, an owner occupancy requirement shall apply.
D. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for a Junior Accessory Dwelling Unit, the owner of the parcel shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the Junior Accessory Dwelling Unit exists on the parcel.
17.110.080 Application and Permits.
A. Ministerial Action. Approval or denial of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit application that complies with the provisions of this Chapter is a ministerial action not subject to discretionary review. The City has the authority to review applications for completeness and compliance with the provisions of this Chapter.
B. Planning Permit. In conjunction with submittal of a Building Permit application to construct any Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the owner of a parcel shall obtain planning approval from the City through submittal of a Planning Permit. In addition to providing plans and specifications, the owner shall provide an estimate of the projected annualized rent that will be charged for the Accessory Dwelling Unit and/or Junior Accessory Dwelling. The City shall issue the permit within 60 days from the date that the City received a completed application, unless either:
1. The owner of the parcel requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or
2. The application to create an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is submitted with an application to create a new single-family dwelling on the same parcel. The City may delay acting on the permit application for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit or Junior Accessory Dwelling Unit will still be considered ministerial and acted upon without discretionary review or a hearing.
C. Deviations from Requirements of this Chapter. The provisions for a Minor as provided in Chapter 17.30 (Administration) shall not apply to the establishment of Accessory Dwelling Units and/or Junior Accessory Dwelling Units. All deviations from the development standards of this Chapter shall require approval of a Variance by the Planning Commission subject to all requirements of Chapter 17.30 (Administration) and shall be subject to any other discretionary review, hearing(s), and approval action.
D. Building Permit. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall require a Building Permit, subject to all the standard application and processing fees and procedures that apply to Building Permits generally. Applications for a Planning Permit and a Building Permit shall be submitted and processed concurrently, including a demolition permit for a detached garage that is to be replaced with an Accessory Dwelling Unit, if applicable.
E. Fees. All applications for Accessory Dwelling Units must be accompanied by the required application fee. Application fees are established by Council resolution.
F. Denial. Where an application for an Accessory Dwelling Unit is subject to an action of denial, the following shall apply:
1. Should the application be denied, the City shall provide a list of items that were found deficient in the application submittal. The denial shall be without prejudice and allow for a new application to be submitted that remedies the denied application based upon such list.
2. An approval shall not be withheld or an application denied to create an Accessory Dwelling Unit solely on the basis that corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the same parcel that do not present a threat to public health and safety, and are not affected by the construction of the Accessory Dwelling Unit. This provision does not insulate the property owner from the City requiring compliance or enacting enforcement measures separately from the application and construction of the Accessory Dwelling Unit.