RESOLUTION NO. 14 - 22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL, RECOMMENDING THE CITY COUNCIL ADOPT AMENDMENTS TO TITLE 18 OF THE PLEASANT HILL MUNICIPAL CODE, INCLUDING SECTIONS 18.20.097 (URBAN LOT SPLITS) & 18.20.105 (TWO-UNIT PROJECTS) RELATED TO THE PROVISIONS OF SENATE BILL 9 (SB 9)
WHEREAS, the City of Pleasant Hill, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Senate Bill 9 ("SB 9"), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme in compliance with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, on December 6, 2021, the City Council adopted urgency Ordinance No. 951 approving an urgency ordinance adding Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-unit Projects); and
WHEREAS, the City wishes to amend the urgency ordinance and Municipal Code Sections
18.20.097 (Urban Lot Splits) and 18.20.105 (Two-unit Projects) to establish permanent regulations related to urban lot splits and two unit projects; and
WHEREAS, the Planning Commission held a study session on May 24, 2022, to discuss several topics to assist Staff in drafting the permanent ordinance components; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was noticed and held by the Planning Commission on June 28, 2022 and continued to the July 12 2022 meeting date regarding the proposed ordinance amendment at which time all interested parties were invited to provide comments; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Pleasant Hill recommends that the City Council approve the amendments to the City's Municipal Code Sections 18.20.097 (urban lot splits) & 18.20.105 (two-unit projects) as noted in Exhibit A and based on the following findings outlined in Section 18.125.050:
1. The code amendments shall be consistent with the policies of the General Plan; a. Community Development Goal 1 - Preserve and enhance residential neighborhoods.
The proposed amendments include objective development standards applicable to all urban lot split and two-unit projects in all single family residential districts, pursuant to state law. These developments will be subject to a ministerial review and thus, the objective standards will ensure that new development will be compatible with, and enhance the City's residential neighborhoods while providing an opportunity for more housing.
b. Housing Element Goal 2 - Encourage a variety of housing.
The proposed amendments will allow for urban lot splits and two-unit developments on a single parcel within single-family residential zoning districts which varies from the traditional single family residential development pattern, as required by SB 9.
c. Housing Element Goal 5- Increase opportunities to develop safe, sanitary and decent housing.
The proposed amendments will allow increase opportunities for safe, sanitary and decent housing on existing lots in single-family residential zones by allowing for urban lot splits and two-unit developments, consistent with SB 9.
2. The code amendments shall be consistent with the purpose of the Zoning Code, which is to protect and promote the public health, safety and general welfare and implement the policies of the General Plan, more specifically:
a. Provide a precise guide for the physical development of the City to preserve the character and quality of the residential neighborhoods, foster convenient, harmonious and workable relationships among land uses and achieve the arrangement of land uses described in the General Plan.
The proposed amendments support this finding, as the proposed urban lot split and two-lot development code sections will provide clear guidance related to physical development (size, location, setbacks, etc.). The proposed design code amendments do not affect the arrangement or location of land uses throughout the City, and are in compliance with state law.
b. Promote the economic stability of existing land uses.
The proposed code amendments would promote the economic stability of land uses, as the amendments would include objective standards for the development of additional housing units within single family districts, as required by state law.
This would ensure development of this type would adhere to design and development standards that supports orderly and attractive development. 2 c. Prevent excessive population densities and overcrowding of land and buildings.
The proposed code amendments would not directly result in development that creates excessive densities and overcrowding of land and buildings, as the amendments include objective standards primarily rely on existing zoning development standards for single family residential districts, as permitted by state law. In addition, the ordinance is in compliance with State law that allows urban lot splits and two-unit projects.
d. Ensure the provision of adequate open space for light, air and fire safety.
The proposed code amendments would not directly result in development that impacts open space for light, air, and fire safety, as the amendments include standards for development. The proposed standards, however, do include provisions that address and enhance light and air access, while the proposed amendments avoid conflict with any fire safety provisions. e. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services.
The proposed code amendments would be in accordance with State requirements and would not allow more than two dwellings of any kind on a lot that resulted from an urban lot split nor does it allow more than two primary dwellings on lots not created by an urban lot split, in accordance with SB 9 requirements. The State requires all local jurisdictions to allow this type of development in existing single-family residential properties, thus, the City is following State law which does not allow prohibition of this type of development.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the City Council approve the exemption from CEQA and adopt the attached zoning ordinance (Exhibit A) based on the following findings:
The Planning Commission hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment as the proposed activity (ordinance amendment) is exempt as it will not have a significant effect on the environment as it does not directly approve any physical development. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
Additionally, under California Government Code sections 65852.21, subd. (i), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
3 ADOPTED by the Planning Commission, City of Pleasant Hill, on the 12"h day of July, 2022, by the following vote:
AYES: Chiang, Johnson, Vavrek, Vinson, Wyler, Khalfin
NOES: None
ABSENT: None
ABSTAIN: None
TROY FUNMOTO,
Secretary to the Planning Commission
4.