URGENCY ORDINANCE NO. 22-0012-U
AN INTERIM ORDINANCE OF THE CITY OF MANHATTAN BEACH
EXTENDING URGENCY ORDINANCE NO. 21 -0009-U ADOPTING
EMERGENCY REGULATIONS RELATED TO URBAN LOT SPLITS AND
HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9 AND
DECLARING THE URGENCY THEREOF
RECITALS
WHEREAS, during the 2021 legislative session, the California Legislature passed, and the Governor signed , Senate Bill 9 (SB 9), which requires local agencies to ministerially approve urban lot splits and development of two residential units per single- family residential lot provided the projects meet certain criteria. SB 9 bec ame effective on January 1, 2022;
WHEREAS, the City intends to study and formulate permanent regulations for the implementation of SB 9 projects in the City . This process may be lengthy . Moreover, given the anticipated increase of split lots and new units built on these lots under SB 9, the City Council wishes to adopt an interim ordinance that will take effect immediately and specify standards for urban lot splits and units constructed under SB 9 while permanent standards are studied and formulated;
WHEREAS, SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, and particularly on the quality of the community. As such, the City Council finds that there is an immediate need to establish objective zoning and subdivision standards for SB 9 projects in order to protect the public health, safety, and welfare while it studies permanent land use regulations for such projects and to ensure SB 9 projects do not have a detrimental impact within the City while permanent regulations are being studied;
WHEREAS, on December 21, 2021, the City Council adopted Ordinance No. 21 - 0009-U (the “Interim Ordinance”), adopting emergency regulations related to urban lot splits and housing units built in accordance with Senate Bill 9. Ordinance No. 21 -0009- U is effective for an initial term of 45 days, until February 4, 2022; WHEREAS, on February 1, 2022, the City Council initially extended the Interim Ordinance by a period of 10 months and 15 days while the City studied and formulated permanent regulations for the implementation of SB 9 projects in the City; and WHEREAS, pursuant to Government Code Section 65858, the City Council may further extend the Int erim Ordinance by a period of 12 months and the City Council desires to further extend the Interim Ordinance while the City continues to study and formulate permanent regulations for the implementation of SB 9 projects in the City.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. Extension of Interim Ordinance. Ordinance No. 21 -0009-U, adopted on December 21, 2021, adopted emergency regulations related to urban lot splits and housing units built in accordance with Senate Bill 9. Ordinance No. 21 -0009-U is effective until December 19, 2022. Ordinance No. 21-0009-U is hereby extended in full force and effect 12 months to and including December 19, 2023.
SECTION 2. Prohibition on SB 9 Projects that Fail to Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Manhattan Beach Municipal Code or City of Manhattan Beach Local Coastal Program, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements:
A. Purpose. The provisions of this Ordinance establish standards and procedures for projects developed pursuant to the regulations included in SB 9 in order to qualify for ministerial approval.
B. Definitions. For the purposes of this Ordinance, certain words and phrases used in this Ordinance are defined as follows:
1. “Primary Residence”: the original dwelling on the property.
2. “Senate Bill 9” or “SB 9)”: a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds
Government Code sections 65852.21 and 66411.7.
3. “Senate Bill 9 Development Project” or “SB 9 Development Project”:
an Urban Lot Split or development project approved pursuant to SB
9. 4. “Urban Lot Split”: a parcel map subdivision permitted pursuant to SB 9 that creates no more than two parcels of approximately equal size.
C. Applicability; Ministerial Compliance Review.
1. Notwithstanding any other provision of the Manhattan Beach Municipal Code or City of Manhattan Beach Local Coastal Program, the provisions of this Ordinance shall apply to Development Projects and Urban Lot S plits that are proposed for lots in the Single-family Residential (RS) zoning district pursuant to the regulations in SB 9.
Except as expressly provided in this Ordinance or SB 9 , all other regulations of the underlying zone of a property developed pursuant Ord. 22-0012-U
to SB 9 shall apply, along with all other applicable regulations from the Manhattan Beach Municipal Code or City of Manhattan Beach Local Coastal Program.
2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Director of Community Development or her designee to determine whether the criteria for approval have b een met. An Urban Lot S plit shall be processed as a pa rcel map , but no discretionary review or public hearing shall be conducted , and with ministerial approval if all required criteria have been met.
3. Applicants are required to submit an application, accompanied by a fee set by City Council Resolution , and including submittal requirements designated by the Community Development Director.
The applicant and the owner of a property , for which an SB 9 Development Project is sought , must provide a sworn sta tement affirming eligibility with SB 9 regulations.
4. The City, at the applicant’s expense, may conduct
independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.
D. General Requirements. A prope rty owner seeking approval of an SB 9 Development Project shall comply with the following general requirements:
1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act.
2. The Municipal Code, including Titles 9 (Building Regulations) , 10 (Planning and Zoning) and 11 (Subdivisions), except as expressly provided in SB 9 or in this Ordinance.
3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions:
a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units and Accessory Dwelling Units (ADUs) on the site shall be prohibited;
c. Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited; Ord. 22-0012-U
d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owne r of the prope rty for which an Urban Lot S plit is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from t he date of the approval of the Urban Lot Split;
e. Ongoing compl iance with all SB 9 req uirements and restrictions shall be required;
f. Access to the public right -of-way shall be maintained in perpetuity; and
g. All required parking shall be maintained.
E. Objective Standards. All SB 9 Development Projects shall comply with the following objective standards:
1. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in this Ordinance, unless the parcel upon which the unit is created is within one -half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project.
Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley.
2. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way.
3. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.
4. Refuse storage areas shall be enclosed or semi -enclosed in a structure and concealed from view from adjacent public rights-of-way and located outside of required setbacks.
5. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.
6. Any garage that serves and is located within the same structure as an SB 9 Development Project may be permitted no closer than four feet from a side or rear property line, or shall otherwise conform to the applicable setbacks within the zoning district.
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7. New driveways proposed for parcels created by SB 9 Development Projects on interior lots without alley access are limited to a maximum width of 10-feet if the proposed frontage of the new parcel is 30 feet or less.
8. An Urban Lot Split shall comply with SB 9 and the following standards:
a. No flag lots shall be created as a result of an Urban Lot S plit if the subject property is adjacent to an alley, located on a corner, or on a through lot.
b. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide.
c. Proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.
F. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area.
G. Denial. The Community Development Director may deny an application for an SB 9 Development Project upon making both of the following findings in writing based upon a preponderance of evidence.
1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
SECTION 3. CEQA Findings. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds and determines that the Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.21(j) effective January 1, 2022.
Furthermore, this Ordinance is exempt from CEQA based on the following reasons. This Ordinance is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. This Ordinance is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code Section 65858 to
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assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and policies. This Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that wo uld be contemplated under this O rdinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons set forth herein above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
SECTION 4. Alleviation Measures Report . In accordance with Cal ifornia Government Code Section 65858(d), the City Council issued a written report on November 15, 2022, describing the measures taken to alleviate the condition that led to the adoption of the Interim Ordinance.
SECTION 5. Authority and Legislative Findings . Pursuant to Government Code Section 65858, the City Council may , to protect the public safety, health, and welfare, adopt, as an urgency measure, an interim ordinance that prohibits certain developments that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying or intends to study within a reasonable period of time. In adopting Urgency Ordinance No. 21-0009-U, the City Council made a number of findings to support to adoption on an urgency basis. The Council hereby extends Ordinance No. 21-0009-U based upon those findings, which are incorporated by this reference, and the following findings. T here is a potential for an immediate threat to public health, safety, and welfare from SB 9 Development Projects that do not conform with certain objective standards established by the City because of the potential of SB 9 Development Projects to have a detrimental impact on single -family residential neighborhoods in the City, as mentioned in the foregoing recitals, which are incorporated herein by referenced.
Therefore, under the authority of Government Code Section 65858, the City Council seeks to establish interim objective standards to protect the public health, safety, and welfare, while the City continues to study permanent standards for SB 9 Development Projects.
SECTION 6. Effective Date. This Ordinance, adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum 4/5 vote of the City Council, shall take effect immediately upon its adoption and shall amend and extend the effect of the Interim Ordinance for a period of 12 months.
SECTION 7. Uncodified. This Ordinance shall not be codified.
SECTION 8. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance.
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SECTION 9. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner required by law.
ADOPTED on December 6, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
STEVE NAPOLITANO
MAYOR
ATTEST:
LIZA TAMURA
CITY CLERK
APPROVED AS TO FORM:
___________________________
QUINN M. BARROW
CITY ATTORNEY