BLUE FOLDER ITEM
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.
CITY COUNCIL MEETING
November 16, 2021
CONTACT: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
• Temple City Urgency Ordinance Documents
• Hermosa Beach Urgency Ordinance Documents
P.1. DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE UPDATES TO
REDONDO BEACH HOUSING AND LAND USE REGULATIONS TO MITIGATE THE IMPACTS OF SENATE BILL 9 (SB9)
City of Temple City
Planning Commission
Staff Report
November 9, 2021
FILE: PL21-3094
ADDRESS: Single-Family (R-1) Zone
DESCRIPTION: Ordinance 21-1059: An ordinance amending Title 3, Chapter 3, and Title 9, Chapters 1 and 2, of the Municipal Code in response to SB-9 (Atkins) by providing for urban dwellings and urban lot splits.
APPLICANT: City of Temple City
PROJECT PLANNER: Scott Reimers, Community Development Director ENVIRONMENTAL REVIEW: This project is not subject to environmental review under the California Environmental Quality Act (“CEQA”). Senate Bill 9 (Atkins) states that an ordinance adopted to implement the rules of Senate Bill 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
RECOMMENDATION: Approve the attached resolution, recommending that the City Council find that this project is exempt from CEQA and approve Ordinance 21-1059.
SUMMARY:
On September 16, 2021, Senate Bill 9 (SB-9), was signed into law by the Governor. On October 5, 2021, the City held a joint study session of the City Council and the Planning Commission on the changes to state law. At that meeting, the City Council and Planning Commission directed staff to bring forward an Ordinance implementing SB-9.
URBAN DWELLINGS AND LOT SPLITS:
SB-9 amended Section 66452.6 of, and added Sections 65852.21 and 66411.7 to, the California Government Code (Attachment 2) to allow for urban lot splits. These changes will require local agencies to approve applications to subdivide single-family zoned lots into a maximum of two lots and to allow the construction of two units on each new lot. In other words, an R-1 zoned, single-family lot, could potentially have four units. Please see Attachment 3 for a summary of the State law.
JOINT CITY COUNCIL AND PLANNING COMMISSION STUDY SESSION:
At the October 5, 2021, joint City Council and Planning Commission study session staff presented possible initiatives the City could undertake to minimize the negative impacts of urban dwellings and urban lot spits. Below is a list of those initiatives and how staff proposes to move forward.
1. Historic preservation – There did not appear to be support at the study session for a historic preservation initiative nor is there strong support for it in the General Plan. Staff is not proposing to move forward with this initiative, unless given different direction.
November 9, 2021
Planning Commission Meeting
Urban Dwelling and Urban Lot Splits
File: PL21-3094
2. Impact fees – There appeared to be support for initiating an impact fee study to reduce the impact of new development on existing infrastructure and to ensure that new development pays its fair share of its impact. Imposing an impact fee will require hiring a consultant to prepare an impact fee study. This will need to be included in a future year’s work program.
3. Affordability requirements – There appeared to be support for this initiative. Staff has included a requirement that new urban dwellings be rented at affordable rates. This would not apply to a unit occupied by the property’s owner.
4. Parking and traffic – There appeared to be mixed support for prohibiting residents from parking on-site and, or overnight on the street. The proposed Ordinance would prohibit residents from parking onsite or overnight on city streets. In sketching out some possible designs that these SB9 projects could take, staff found that the size of the driveway and fire access had significant impacts on the project’s design. The larger the driveway, the higher likelihood that the structure would need to be two, or even three stories. Entirely removing the driveway would nearly eliminate the need for a two-story structure and would provide some much-needed open space.
This, coupled with not allowing parking onsite would require owners to find tenants who do not own a vehicle and intend to walk, bicycle, take public transit, or use app-based ride sharing services. This coincides with the intent of the State, which is to create “urban” units with little to no need for parking. These two requirements will also work together to help reduce increases in traffic, congestion, and greenhouse gas emissions. The removal of a driveway and garages will also provide room for a common courtyard, like a bungalow court.
5. Environmental impacts – There appeared to be support for this initiative. The proposed Ordinance would require urban dwellings that are all new construction to satisfy the requirements of LEED Platinum.
6. New development & design standards - There appeared to be support for this initiative. The proposed Ordinance provides 16 new development standards and 15 design standards. The aim of these standards is to improve the quality of construction and reduce the impact of new development on existing communities without violating the State’s prohibition on subjective decision making.
7. Adjust existing regulations – After reviewing the existing Zoning Code, staff is not recommending any changes.
PROPOSED CHANGES AND ANALYSIS:
Overnight street parking: Section two of the proposed Ordinance would prohibit staff from issuing monthly, quarterly, or annual overnight parking permits for residents of urban dwellings or urban lot splits. See item four, above, for additional information.
November 9, 2021
Planning Commission Meeting
Urban Dwelling and Urban Lot Splits
File: PL21-3094
Definitions: Section three of the proposed Ordinance provides a definition for a picture window. This is included because the term is used in the design standards section. The definition for urban dwellings references the State Government Code and the City’s Zoning Code.
Land Use Table: Section four of the proposed Ordinance adds two new uses to the R-1 Single Family Zone land use table: Urban Dwellings and Urban Lot Splits. The land use table then cross references Section 9-1T-21 and 9-2-20 of the Subdivision Code for additional rules.
Urban Dwelling Standards: The existing Zoning Code includes Section 9-1T, which is a list of “Special Uses” and their associated regulations. The list includes uses such as massage establishments, home occupations, and accessory dwellings units (ADUs). Section five of the proposed Ordinance would add a new sub-section 21, focused on Urban Dwellings and Urban Lot Splits. Table 1, below, provides a summary of the provisions regarding urban dwellings and urban lot splits and notes where the City has discretion and is recommending additional restrictions.
Table 1 – Summary of Section Five of the Proposed Ordinance Code Section Description
Discretion
Available
A – Urban
Dwellings
Section 9-1T-21 is divided into two sections A & B. Sub-Section A includes rules for Urban Dwellings.
A.1 – Applicability Restates State law, which limits areas where urban dwellings are and are not allowed. It also includes limitations on demolition of urban lot splits. Staff left in provisions about SB-9 not applying to historic sites in case in the future the City moved forward with a historic preservation program.
No
A.2 – Ministerial
Review
Restates State law which limits the City to a ministerial review. No A.3 – Short Term
Rentals
Restates State law, which prohibits short term rentals, such as AirBNB or VRBO. No
A.4 – Objective
Development
Standards
a. R-1 Standards: States that the Urban Dwelling must meet the R1 Zoning Code standards. Where conflicts occur, Section 9-1T-21 takes priority.
Yes
b. Number of Units: Restates state law, which limits the number of units to two per lot.
No
c. Maximum Size: Sets a maximum size of 800 square feet. The City could allow larger unit maximums. Yes
d. Minimum Size: State law does not set a minimum size. The proposed Ordinance sets a minimum size of 500 square feet which is the minimum size for an ADU.
Yes
November 9, 2021
Planning Commission Meeting
Urban Dwelling and Urban Lot Splits
File: PL21-3094
Code Section Description
Discretion
Available
e. Setbacks: Restates state law, which provides for a minimum four-foot rear- and side-yard setback for new structures and no additional setback for existing, permitted structures. The City could allow smaller setbacks.
No
f. Height: Sets a maximum 18-foot height limit; this is the maximum height for a one-story structure in the R-1 zone. The structure’s height could be reduced to 16 feet. Sets a maximum ceiling height of 8 feet. Limits additions to single-story. Allows for the second floor of an existing structure to be converted to an urban dwelling.
In instances where an 800 square-foot unit can not be achieved in one story a second story is possible; the height is capped at 25 feet.
If a third floor is required, one floor must be entirely subterranean.
Yes
g. FAR Bonus: States that the FAR bonuses in the R-1 code do not apply. Yes
h. Stepbacks: Requires the second floor of a structure to be stepbacked four feet from the first floor. Yes
i. Building Separation: Restates state law, that urban dwellings can be attached. No
j. Driveways and Parking: Prohibits parking onsite. Yes k. Building Official Review: Restates state law, that the building official can deny applications in rare cases of un-mitigatable public and safety threats.
No
l. Affordability: Requires residents, except for owner, to be maintained as low- or very-low-income housing for 30 years.
Yes
m. Sub-Leasing: Restates an R-1 Zoning Code rule that allows for no more than one-bedroom to be rented.
Yes
n. Tree Preservation: Prohibits the removal of a mature tree in conjunction with an application to build an urban dwelling. Yes o. Reduce Environmental Impact: Requires an urban dwelling to obtain LEED platinum certification.
Yes
p. Disclosures: Requires future owners of an urban dwelling to disclose to the next owner the City’s rules regarding overnight parking permit rules, short term rentals, complying with City Housing Element reports, and affordable housing.
Yes
A.5 – Objective
Design Standards
for Additions
Requires architectural consistency between the main dwelling and an addition or a new structure. Yes
November 9, 2021
Planning Commission Meeting
Urban Dwelling and Urban Lot Splits
File: PL21-3094
Code Section Description
Discretion
Available
A.6 – Objective
Design Standards
for New
Construction
Sets standards on how the front elevation needs to be articulated, requiring a five-foot deep entry area, setting an articulation requirement for the side and rear elevations, requiring quality building materials, requiring open space and a courtyard, setting a minimum number of colors for the building, and setting two appropriate styles (Spanish Colonial Revival and Craftsman) along with the associated proportions and building details.
Yes
A.7 – Exceptions to
Objective
Standards
In cases where the applicant cannot construct at least an 800-square foot urban dwelling, the applicant may remove other development standards in a prescribed order until the proposed structure meets the 800-square foot guaranteed size. The last standard that staff recommends removing is number of stories.
Yes
B – Urban Lot
Splits Dwellings
Section 9-1T is divided into two sections A & B. Sub-Section B includes rules for Urban Lot Splits.
B.1 – Applicability Restates State law, which provides the areas where urban lot splits are and are not allowed. It also includes limitations on demolition of urban lot splits. Notably, subsection e. prohibits someone from subdividing an urban lot split when they have subdivided an adjacent lot through an urban lot split.
No
B.2 – Ministerial
Review
Restates State law which limits the City to a ministerial review. No B.3 – Comply with
Subdivision Map
Act
Restates State law that urban lot splits must comply with the Subdivision Map Act. No
B.4 – Dedication &
Off-site
Improvements
Restates State law that a dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map.
No
B.5 – Easements Requires an easement to be provided over the front parcel to the rear parcel for access to the public right of way, providing public services and facilities, maintenance of utilities, and (if required) fire department access.
Yes
B.6 – Owner
Occupied
Restates State law which, requires the owner to reside in one of the urban lots for a minimum of three years.
No
B.7 – Short Term
Rentals
Restates State law that prohibits short term rental.
No
B.8 – Residential
Uses, Only
Restates State law which requires units to be used for residential purposes, only. No
November 9, 2021
Planning Commission Meeting
Urban Dwelling and Urban Lot Splits
File: PL21-3094
Code Section Description
Discretion
Available
B.9 – Nonconforming
Conditions
Restates State law which states non-conforming zoning conditions are not required to be made conforming as a condition of approval. No B.10 – Bi-Annual
Inspection
The property owner must provide for an inspection, and pay the appropriate fee, every six months for the first three years to ensure the property owner is living onsite.
Yes
B.11 – Objective
Development
Standards
a. Size and Number: Restates State law which limits the number of urban lots to two and requires each lot to be at least 40 percent the size of the original parcel.
No
b. Minimum Size: Restates State law that no lot may be less than 1,200 square feet. No
c. Setbacks: Restates State law which provides for a minimum fourfoot rear- and side-yard setback for new structures and no additional setback for existing, permitted structures.
No
d. Building Separation: Restates State law which allows attached urban dwellings. No
e. Building Official Review: Restates state law that the building official can deny applications in rare cases of un-mitigatable public and safety threats.
No
f. Driveways and Parking: Prohibits parking onsite. This will reduce the pressure to build a second story urban dwelling. Yes g. Conjunction with Urban Dwellings: Only structures that meet the requirements of urban dwellings are allowed on urban lot splits.
This would preclude a single-family residence and an ADU to be built on an urban lot split.
Yes
h. Disclosures: Requires future owners of an urban dwelling to disclose to the next owner the City’s rules regarding overnight parking permit rules, short term rentals, complying with City Housing Element reports, affordable housing, and cannot be further subdivided.
Yes
Subdivision Process: Section six of the proposed Ordinance focuses on amending the City’s Subdivision Ordinance by providing rules and procedures for processing urban lot splits. The proposed Ordinance states that applications for an urban lot split will be processed the same as a tentative parcel map.
However, in compliance with State law, the process will have to be non-discretionary and cannot have a hearing. Therefore, the proposed Ordinance gives the Community Development Director the authority to act on all urban lot splits. The process does not include a public notice. If the Director’s decision is appealed, the appeal would be heard by the Planning Commission and could be further appealed to the City Council.
November 9, 2021
Planning Commission Meeting
Urban Dwelling and Urban Lot Splits
File: PL21-3094
FINDINGS:
The findings required in Section 9-1C-6.I.7 of the Temple City Municipal Code for Zoning Code Amendments are contained in proposed Ordinance.
ENVIRONMENTAL REVIEW:
This project is not subject to environmental review under the California Environmental Quality Act (“CEQA”). Senate Bill 9 (Atkins) states that an ordinance adopted to implement the rules of Senate Bill 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
RECOMMENDATION:
Approve the attached resolution, recommending that the City Council find that this project is exempt from CEQA and approve Ordinance 21-1059.
ATTACHMENTS:
1. Resolution 21-______
2. SB-9 (Atkins)
3. Quick Reference Guide to SB-9 (Atkins)
City of Temple City
Resolution 21-_____ PC
PL 21-3094
Address: R-1 Zone
A RESOLUTION OF THE TEMPLE CITY PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 21-1059 AMENDING TITLE 3, CHAPTER 3, AND TITLE 9, CHAPTERS 1 AND 2 OF THE TEMPLE CITY MUNICIPAL
CODE TO PROVIDE FOR URBAN DWELLINGS AND URBAN LOT SPLITS WHEREAS, pursuant to Government Code Sections 65854 and 65855, the Planning Commission has the authority to review and make recommendations to the City Council regarding amendments to the City’s Zoning Code; and
WHEREAS, prior to the Planning Commission meeting, the City gave public notice by publishing notice in the Temple City Tribune of the holding of a public hearing at which the amendment to the City’s Municipal Code would be considered; and WHEREAS, on November 9, 2021, the Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the proposed amendment to the City’s Zoning Code and at which time the Planning Commission considered the proposed amendment to the City’s Municipal Code; and
WHEREAS, this Ordinance is not subject to environmental review under the California Environmental Quality Act. Senate Bill 9 (Atkins) states that an ordinance adopted to implement the rules of Senate Bill 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (See Government Code sections 65858.21(j) and 66411.7(n); and
WHEREAS, Exhibit “A” is the proposed Ordinance No. 21-1059.
NOW, THEREFORE, the Temple City Planning Commission resolves as follows:
SECTION 1. The proposed amendment meets the findings for a Zoning Code Amendment required in 9-1C-6.I.7 and as stated within Ordinance 21-1059; SECTION 2. The Planning Commission recommends that the City Council adopt Ordinance 21-1059, which is attached and incorporated by reference as Exhibit A.
SECTION 3. The secretary shall certify to the adoption of this Resolution.
Resolution No. 21-___ PC
PL21-3094
PASSED, APPROVED, AND ADOPTED on this 9
th day of November 2021.
_____________________________
Planning Commission Chair
I certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City at a regular meeting held on the 9 th of November, 2021, by the
following vote:
AYES: Commissioner –
NOES: Commissioner –
ABSTAIN: Commissioner –
ABSENT: Commissioner –
______________________________
Secretary
Exhibit A
ORDINANCE NO. 21-1059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3,
AND TITLE 9, CHAPTERS 1 AND 2, OF THE TEMPLE CITY
MUNICIPAL CODE TO PROVIDE FOR URBAN DWELLINGS
AND URBAN LOT SPLITS
WHEREAS, the City of Temple City (“City”) has adopted a General Plan to ensure a wellplanned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and
WHEREAS, State law requires that the Temple City Zoning Code, found in Title 9, Chapter 1 of the Temple City Municipal Code (“TCMC”), conform with the General Plan's goals and policies; and
WHEREAS, it is necessary from time to time to update the zoning ordinance to bring it into conformity with State law and to address public health, safety, and welfare concerns; and WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the Government Code by Senate Bill 9 (SB-9) and goes into effect January 1, 2022; and WHEREAS, the amended or added code sections require cities to ministerially approve urban lot splits and the construction of up to two residential units (“Urban Dwellings”) within the “Urbanized Area” of the City, as designated by the US Census Bureau, subject to certain limitations; and
WHEREAS, Government Code Sections 66411.7(a) limits eligibility of urban lot splits by size and proportionality; and
WHEREAS, Government Code Sections 65852.21(a)(2) and 66411.7(a)(3)(C) limits such urban lot splits and construction to sites that are not located on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties; and `
WHEREAS, Government Code Sections 65852.21(a)(3) through (a)(5), limits eligibility of such construction of secondary units that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and WHEREAS, Government Code Sections 66411.7(a)(3)(D) also limits eligibility of an urban lot split that proposes to proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and Ordinance No. 21-1059
housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E) allows a city to deny an urban lot split for properties within an historic district or listed on the State’s Historic Resource Inventory 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; and WHEREAS, Government Code Sections 65852.21(b) and 66411.7(c) allows a city to establish objective zoning standards, objective subdivision standards, and objective design review standards, if it does not conflict with state law; and WHEREAS, such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of “precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet”; and
WHEREAS, Government Code Sections 65852.21 and 66411.7 allow a city to deny a proposed housing development or urban lot split if the 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; and WHEREAS, the City desires to adopt an ordinance that addresses the procedures for such Urban Dwellings and Urban Lot Splits, and provides objective standards, in accordance with State law; and
WHEREAS, Temple City Municipal Code section 9-1C-6.I.7.a provides the specific procedures for adopting such an ordinance.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS:
SECTION 1: Zoning Amendment Findings Per Section 9-1C-6.I.7.a: The City Council finds:
A. The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code section 65860; The proposed ordinance’s provisions are required to bring the City’s municipal code into compliance with the addition of Section 65852.21 and 66411.7 to the Government Code as instituted by SB-9 (Atkins). These provisions allow for urban dwellings and urban lot splits. This allowance conflicts with General Plan Land Use Element of the City, which sets density standards for the low-density residential zone. This Ordinance seeks to complement state law to minimize its impact on the community and thereby comply with the following land use goals and policies:
LU 4.1 Development Compatibility. Require that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile, and truck access, impacts of noise and lighting, landscape quality, and aesthetics.
Ordinance No. 21-1059
LU 4.7 Development that is Compatible. Require that development demonstrates a contextual relationship with neighboring structures and sites addressing such elements as building scale, massing, orientation, setbacks, buffering, arrangement of shared and private open spaces, visibility, privacy, automobile, and truck access, impacts of noise and lighting, landscape quality, infrastructure, and aesthetics.
Goal LU 7: Sustainable Built Environment. A built environment that contributes to a sustainable environment, minimizes consumption of scarce environmental resources, and reduces greenhouse gas emissions.
LU 8.3 Housing Type Distribution. Promote an equitable distribution of housing types for all income groups throughout the City and promote mixed-income developments to avoid concentrations of below-market-rate housing in particular areas.
Urban dwelling and urban lot splits offer a distinct opportunity to provide affordable housing in a distributed manner. The City’s Housing Element has a program to investigate an inclusionary housing ordinance which could result in affordable housing, but given that the City’s multi-family zones are clustered, this would result in a less diverse distribution of affordable housing. Urban dwellings and urban lot splits provide a unique opportunity to provide affordable housing in a distributed manner, especially affording an opportunity to insert it into single-family neighborhoods.
LU 8.4 Affordable Housing Provision. Encourage the integration of affordable housing units within larger developments to meet the housing needs of the community and larger region, as specified by the General Plan Housing Element.
LU 9.1 Neighborhood Conservation. Maintain the character, amenities, and scale of Temple City’s residential neighborhoods, recognizing their contribution to the City’s identity, economic value, and quality of life.
LU 9.2 Neighborhood Character. Maintain elements of residential streets that unify and enhance the character of the neighborhood including parkways, street trees, and compatible setbacks.
LU 9.3 New Residential Development. Accommodate the development of new residential development that is well-conceived, constructed, and maintained in a variety of types and densities, scales, and costs.
9.4 Housing Additions and Replacement. Require that additions to and/or replacement of existing housing units are located and designed to reflect the unique neighborhood character and qualities including lot size; building form, scale, and massing, and relationship to street frontages; architectural design; and landscaped setbacks.
LU 9.7 Connected Neighborhoods. Ensure safe and convenient pedestrian and bicycle connectivity between residential neighborhoods and commercial centers, recreation and open spaces, schools, workplaces, and other community activity centers.
LU 10.2 Second Units. Allow second units in single-family residential districts as required by state legislation.
Ordinance No. 21-1059
Goal M 1: Livable Streets. A balanced transportation system that accommodates all modes of travel safely and efficiently while considering the community context of all transportation investments.
M 1.1 Complete Streets. Require that the planning, design, and construction of all transportation projects consider the needs of all modes of travel to create safe, livable, and inviting environments for pedestrians, bicyclists, motorists, and public transit users of all ages and abilities.
B. The proposed amendment will not be detrimental to the public health, safety, or welfare of the city; and
The proposed ordinance includes multiple provisions to reduce the impact of subsequent development on the general welfare, this includes design standards and objective zoning standards. Under State law, the Building Official can deny any subsequent project if it has a negative impact on public health and safety that cannot be mitigated.
C. The proposed amendment is consistent with other applicable provisions of this Zoning Code.
The proposed ordinance modifies multiple sections of the Temple City Municipal Code to ensure that the entire Code is consistent internally and with State law. Therefore, this finding can be made.
SECTION 2: Section 3-3A-23 (ISSUANCE OF OVERNIGHT PARKING PERMITS) of the TCMC is amended to add subsection 3-3A-23.B.1.i, as shown in underline below:
B. Review By Issuing Officer:
1. Review And Issuance: Upon the filing of a complete application for an overnight parking permit or the transfer of such permit, the issuing officer shall review the application and, within ten (10) business days of the filing, determine whether to issue the permit or deny the application. The issuing officer shall issue the requested overnight parking permit unless any one or more of the following facts is determined:
a. The issuing officer determines that the application is not complete, or the information is incorrect or invalid.
b. The applicant is not the registered owner.
c. The vehicle does not have a valid California registration or proof of insurance. The issuing officer may issue not to exceed six (6) months parking permits to a vehicle with valid out of state vehicle registration and proof of insurance.
d. The vehicle is not eligible for an overnight parking permit, as provided under this part.
e. Issuance of the permit would cause the number of overnight parking permits assigned to the residence to exceed the maximum allowable under this part.
f. An inspection of the onsite parking at the residence and on street parking within the area concludes that onsite parking is or should be available at the residence; or the owner refused permission to grant access to the property for the purpose of the inspection.
g. The owner fails to pay the required overnight parking fee. h. The vehicle has outstanding unpaid parking tickets.
Ordinance No. 21-1059
i. The vehicles are registered to a site that has undergone an urban lot split or has an urban dwelling as defined in Section 9-1A-12 of the Temple City Municipal Code).
SECTION 3: Section 9-1A-12 of the TCMC (DEFINITIONS) is amended to add the following definitions in alphabetical order within Section 9-1A-12.
PICTURE
WINDOW
A window on an elevation facing the front yard that is larger than the adjacent windows or the largest window on the front facing façade.
Picture windows either have less panes of glass than the adjacent windows or do not have any muntins. Examples of a picture window includes:
URBAN
DWELLINGS
Dwelling units established in accordance with Section 65852.21 of the Government Code and Section 9-1T-21 of the Temple City Municipal Code.
SECTION 4: Table 9-1G-2 (Land Uses and Permit Requirements for Residential Zone Districts) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-1G-2.
All other contents of this Table 9-1G-2 will remain unchanged.
Land Uses or Activities R-1 Notes/Reference
Urban Dwellings Y 9-1T-21
Urban Lot Splits Y 9-2-20
SECTION 5: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9-1T-21 as follows:
“9-1T-21: Urban Dwellings and Urban Lot Splits:
A. Urban Dwellings: The following requirements apply to urban dwellings in accordance with Section 65852.21 of the Government Code:
1. Applicability:
a. R-1 Zoning: Any proposed urban dwelling must be located within the R-1, single-family zone.
b. Historic Designation: Any proposed urban dwelling must not be located within a historic district or property included on the State Historic Resources Inventory (see 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.
Ordinance No. 21-1059
c. Demolition and Alteration: A proposed urban dwelling must not require demolition or alteration of any of the following types of housing:
(1) 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.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
d. Limit on Demolition: A proposed urban dwelling must not demolish more than 25 percent of the existing exterior structural walls. This does not apply if the housing development has not been occupied by a tenant in the last three years.
e. Other Instances:
(1) A proposed urban dwelling must not be on a parcel located in the areas specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(2) A proposed urban dwelling must not be on 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 applies.
2. Ministerial Review: Proposals for urban dwellings will be reviewed ministerially, without discretionary review or a hearing, through the zoning clearance process.
3. Short Term Rentals Prohibited: The rental of any urban dwelling must be for a term longer than 30 days.
4. Objective Zoning Standards:
a. R-1 Standards: The standards within Section 9-1G-12 (R-1 Zone District Residential Development Standards) apply to proposals for urban dwellings. In the case of conflict between this Section and any other section of Chapter 9-1 (Zoning Code), the provisions of 9-1T-21 will apply.
b. Number of Units: The parcel for the proposed urban dwelling must contain no more than two units. Existing and proposed ADUs and JADUs will be counted toward the maximum number of units. An urban dwelling 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.
Ordinance No. 21-1059
c. Maximum Size: The maximum size of an urban dwelling must not exceed 800 square feet.
d. Minimum Size: The minimum size of an urban dwelling is 500 square feet.
e. Setbacks:
(1) Existing Structures: No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure. (2) New Structures and Additions: The minimum setback from the side and rear property line is four feet.
f. Height:
(1) New Structures: An urban dwelling must not be more than onestory. The maximum height must not exceed 18 feet. The distance from the ceiling to the finished floor must not exceed eight feet. Vaulted ceilings are not permitted.
(2) Additions: An urban dwelling can be added to a site with an existing two-story structure. In such instances the entirety of the addition must meet the requirement of subsection “1” above. (3) Conversions: In cases where an urban dwelling is being added by subdividing an existing structure, the height requirements of subsection “1” above do not apply.
(4) Exceptions: Projects that are exempt from the one-story height limit due to the 800-square foot exemption must not exceed 25 feet in height with a maximum top plate height of 18 feet. If a third floor is necessary to meet the 800-square foot requirement the third floor must be completely subterranean; the ceiling must be below the natural grade.
g. Floor Area Ratio: The floor area ratio incentive bonuses found in 9-1G-15 do not apply to urban dwellings.
h. Second Floor Stepbacks: Projects that are exempt from the one-story height limit due to the 800-square foot exemption, must stepback the second and third floor four feet from the ground floor. This rule applies to only to the side yard, rear yard, and street side yard elevations. i. Building Separation: The units or structures within an urban dwelling may be attached or detached. Detached structures must meet building code safety standards and are sufficient to allow separate conveyance. j. Driveways and Parking: A proposed urban dwelling must not provide any onsite parking (including garages, carports, and parking on driveways).
Any hardscape more than 8 feet in width and 18 feet in depth is not Ordinance No. 21-1059
permitted on a site with an urban dwelling. Prior to issuance of a building permit the applicant must obtain an encroachment permit to remove an existing driveway. Prior to finalizing of building permits and granting of a certificate of occupancy the driveway apron in the public right of way must be removed and repaired.
k. Building Official Review: The City will deny a proposed urban dwelling 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. The decision of the building official may be appealed to the Planning Commission in compliance with section 9-1C-5-G.
l. Affordability: Urban dwellings must be continuously maintained as "affordable" housing for a period of not less than 30 years from the date of first occupancy. Urban dwellings must be occupied by low or very lowincome households. (Low income is defined as 50 percent of the average median income for the Los Angeles /Long Beach Metropolitan Area). The maximum amount of rent, which may be charged, is 30 percent of the total household income or 30 percent of the income limit for low- income households, whichever is less. Every occupant of a urban dwelling must be qualified for eligibility based upon annual tax returns. Said restriction must be set forth in a recorded covenant or deed restriction. The property owner must provide documentation to the City on an annual basis relative to eligibility. The owner must agree to evict any tenant who does not meet the eligibility requirement. When the applicant lives onsite, they will be exempt from this requirement. The community development director is authorized to establish forms, policies, and procedures, to implement this affordability requirement.
m. Sub-Leasing: In accordance with Table 9-1G-2, only one bedroom within an urban dwelling can be rented.
n. Tree Preservation: In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove any mature trees onsite. A mature tree is defined as trees with a diameter-at-breast-height (DBH) of 19 inches or greater. A removal includes moving a tree or removing more than one-third of a tree’s vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, stating that all reasonable precautions have been made to preserve the tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree. If removal of a tree is required to provide a minimum 800 square foot unit, the owner must meet the requirements of Section 9- 1N-8 (Tree Replacement Requirements).
o. LEED Platinum Certification: Prior to the city releasing a certificate of occupancy, the property owner must demonstrate that the property has Ordinance No. 21-1059
achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings.
p. Disclosures: At the time of sale, a site with an urban dwelling must disclose to the seller:
(1) The site is not eligible for overnight parking permits; (2) The site must not be used for short term rentals;
(3) The property owner must provide all necessary information to the City, required in the annual housing element report; and (4) The site must be used for affordable housing per the recorded covenant.
5. Objective Design Standards for Additions: Additions or new structures added to sites where an existing structure will be retained must match the architectural style of the main dwelling including but not limited to the roof pitch, window size, proportion of window units to wall size, direction of window opening, muntin pattern, exterior building materials, lighting fixtures, and paint colors.
6. Objective Design Standards for New Construction: The following standards apply to all new construction, not additions:
a. Front Façade Articulation: Front elevations must include at least two of the following: porch, canopy, bay window, awning, chimney, or courtyard. The porch or courtyard must be at least five feet deep. b. Entrances: The front entrance to all units must be either recessed or protrude a minimum of five feet from the front wall. The front recessed entry or porch area must be covered.
c. Side and Rear Articulation: No wall along a side-, rear-, or street sideyard may extend more than 24 feet without architectural articulation or an offset of at least 2 feet for not less than 8 feet. The eave of the roof must be articulated as well at the same proportion as the wall below. See the images, below. The first image does not meet this requirement, while the second image, does.
Ordinance No. 21-1059
d. Quantity of Exterior Materials: All structures must have at least two exterior building wall materials including. The following exterior materials area allowed: stucco, wood, rock/stone, hand-painted tile, brick, or clinker brick. Window and door trim does not count as a second material. e. Use of stone: Manufactured stone must not be used in place of real stone.
f. Use of brick: Brick veneer must not be at least 1.75 inches in depth; half the depth of a standard brick.
g. Quality Materials: Materials made from foam covered by stucco are not allowed.
h. Exterior Materials: When used on the same elevation, wood and stucco must be placed above rock or brick.
i. Two Colors: Buildings must include at least two colors; one for the main wall color and another for architectural trim pieces.
j. Building Colors: Projects with detached structures must provide different color palettes for each structure.
k. Exterior Stairwells: Exterior stairs leading from the ground floor to a second or third story are prohibited.
l. Open Space: Urban dwellings must have minimum of 500 square feet of open space with a dimension of at least 10 feet. The open space must be directly accessible to the urban dwelling it serves. The front yard could not be counted as open space.
m. Courtyards: Urban dwellings that are all new construction, and not an addition, must include a main open space courtyard with a minimum area of 1,000 square feet or 10 percent of the lot width and with a minimum width and depth of 20 feet, whichever is larger. The main courtyards Ordinance No. 21-1059
must be open to the sky but may include the following permitted projections: Eaves may project up to three feet into the main courtyard.
Exterior, unenclosed building elements such as stoops, balconies and open stairs may encroach three feet into the courtyard. If mechanical or utility equipment is placed in the courtyard, it must be screened visually and acoustically and must not encroach into the required courtyard area.
Mechanical or utility equipment can be in private open spaces.
Courtyards must be accessible from the public right of way and each ground floor unit. Courtyards must be visible from the street with a minimum 10-foot-wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening must not exceed twice the width of the opening. All primary entrances to ground floor units must be accessed from the street frontage or courtyard. The sum of all private open space within a courtyard is limited to a maximum of 125 square feet or 25 percent of the courtyard, whichever is less. The courtyard must be surrounded by structures on at least two sides. n. Architectural Styles: Urban dwellings must either be Spanish Colonial Revival or Craftsman in style.
o. Spanish Colonial Revival Design Elements: Urban dwellings designed in a Spanish Colonial Revival style must meet the following requirements:
(1) Spanish Colonial Revival Massing: The massing for a Spanish Colonial Revival house must be “L” shaped in nature with a gable or hip parallel to the street.
(2) Spanish Colonial Revival Window and Door Composition:
Windows and doors must be placed asymmetrically. The
buildings must reflect the following approved proportions.
Ordinance No. 21-1059
(3) Spanish Colonial Revival Eave Detail: Second floor eaves must be at least 10 inches in depth. Any shallower eaves must be constructed of the building wall material or molded plaster. Eaves must meet the design requirements depicted below.
(4) Spanish Colonial Revival Porches: Porches must be designed as patios or loggias. The minimum depth must be 8 feet. The patio or loggia must be defined either plaster arches with plaster columns, of plaster arches with cast stone columns. Porch floors must be paved with stained concrete, terra cotta tile, or brick.
Columns, posts, and arches must use the standard drawings, below.
Ordinance No. 21-1059
(5) Spanish Colonial Revival Balconies: If balconies are included, they must project out from the structure. Balconies made of metal must be no more than two feet deep. Balconies deeper than two feet must be made of wood. Wood balconies must use the design below.
Ordinance No. 21-1059
(6) Spanish Colonial Revival Windows: Windows must have a vertical or horizontal pane configuration. Windows surrounded by stucco must be recessed to create the illusion of thicker walls.
Below is the required window recessing detail.
(7) Spanish Colonial Revival Doors: Doors must be made of stained or painted wood. Doors must be either a plank/board design or a panel door, recessed. Doors must be of one of the styles below. (8) Spanish Colonial Revival Trim: When windows are recessed less than four inches a trim is required. Trim must be above and below the window.
(9) Spanish Colonial Revival Shutters: Shutters must be used on windows that are taller than they are wide, except for fixed picture windows. Shutters must be of one of the two designs. For windows more than two feet wide, two shutters must be provided.
Each shutter must be half the width of the window. For windows more than two feet wide, or less, shutters are not required. p. Craftsman Design Elements: Urban dwellings designed in a Craftsman style must meet the following requirements:
Ordinance No. 21-1059
(1) Craftsman Massing: The massing for a Craftsman house must be “L” shaped in nature with a front facing gable roof containing any second story (if applicable). A in-line gabled porch or wing must be added to the front leg of the L to create an asymmetrical form.
The roof pitch must be at or between 4:12 and 6:12.
(2) Craftsman Window and Door Composition: The buildings must reflect the following approved proportions. The placement of windows and doors must be asymmetrical. When more than one window is placed in an unarticulated section of an elevation, the windows must occur in pairs, or as sidelights to an oversized ground floor window. Entrance doors must have a width greater than 36 inches. This can be accomplished by adding side lites.
Double doors are not permitted.
(3) Craftsman Materials: Wood or fiber cement board must be used.
Additional accent materials are limited to river rock, brick, clinker brick, or a combination of these (clinker brick). The shingle or board exposure must range between three and six inches. When corner boards are used, they must have an exposure of four to six inches.
(4) Craftsman Eave Detail: Eaves must range in depth from 18 to 32 inches. Eaves must meet the design requirements depicted below.
Ordinance No. 21-1059
(5) Craftsman Porches: The minimum depth of the porch on the front unit must be 8 feet. Eaves on the porch must be at least 1.5 to 2 feet in depth. Porches roofs must be one of the following – gable, hipped, or shed. Porch roofs must have a pitch between 3:12 to 4:12. Columns, posts, and arches must use the standard
drawings, below.
(6) Craftsman Balconies: Balconies are not permitted.
(7) Craftsman Windows: Windows must not be taller than they are wide, unless the window is a picture window set between to smaller, vertical, casement or hung windows. Horizontal windows are allowed in bathrooms. All windows, except the
aforementioned horizontal windows, must be casement or hung windows. All windows must have muntins unless the window has a dimension less than 2 feet. Window muntin pattern must be 2 over 1, 3 over 1, or 4 over 1. All windows must be recessed.
Below is the required window recessing detail.
(8) Craftsman Doors: Doors must be made of stained or painted wood. Doors must be either a plank/board design or a panel door, Ordinance No. 21-1059
recessed. Doors must have a glazed, top portion. Doors must be of one of the styles below.
(9) Bungalow Trim: All windows must have a trim around the top, bottom, and sides. All trim must match that shown in “Craftsman Windows”, above.
(10) Bungalow Shutters: When shutters are used, they must be half the width of the window.
7. Exceptions to Objective Standards: Any 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 must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units. a. Lot coverage
b. Floor area ratio
c. Tree Preservation
d. Open space
e. Courtyard
f. Second floor step backs
g. Front of the lot floor area ratio
h. Articulation
i. Maximum number of stories. If waiving of all the above requirements do not provide for an 800 square foot unit, the building may exceed the Ordinance No. 21-1059
maximum number of stories. After exceeding the maximum number of stories, the applicant must then replace the above objective standards in the opposite order until the unit size is reduced to 800 square feet.
B. Urban Lot Splits: The following requirements apply to urban lot splits in accordance with Government Code Section 66411.7:
1. Applicability:
a. R-1 Zoning: Any proposed urban lot split must be located within the R-1, single-family zone.
b. Historic Designation: Any proposed urban lot split must not be located within a historic district or property included on the State Historic Resources Inventory, see 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. c. Demolition and Alteration: A proposed urban lot split must not require demolition or alteration of any of the following types of housing:
(1) 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.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
d. Development of Adjacent Sites: 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.
e. Other Instances:
(1) A proposed urban lot split must not be on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (2) A proposed urban lot split must not be on 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 applies.
2. Ministerial Review: Proposals for urban lot splits will be reviewed ministerially, without discretionary review or a hearing per Section 66411.7 of the Government Code.
Ordinance No. 21-1059
3. Comply with Subdivision Map Act: Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this section.
4. Dedication and Off-Site Improvements: A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map.
5. Fire Department & Utility Easements: An easement must be provided over the front parcel to the rear parcel for access to the public right of way, providing public services and facilities, maintenance of utilities, and (if required) fire department access.
6. Owner Occupied: The applicant for an urban lot split must sign an affidavit stating that the applicant will 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.
7. Short Term Rentals Prohibited: The rental of any unit created by an urban lot split must be for a term longer than 30 days.
8. Residential Uses, Only: All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does 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.
9. Non-Conforming Zoning Conditions: Nonconforming zoning conditions are not required to be made conforming before approving an application.
10. Bi-Annual Inspection: The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite.
The property owner must pay the special inspection fee as set forth in the City’s fee and fine resolution.
11. Objective Development Standards: The following objective development standards apply to urban lot splits:
a. Size and Number: The parcel map subdividing an existing parcel must 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. The subdivision must not be done in a manner that leaves one lot with more than two units including existing and proposed main dwellings, ADUs, and JADUs. b. Minimum Size: Both newly created parcels created by an urban lot split must be no smaller than 1,200 square feet.
c. Setbacks:
Ordinance No. 21-1059
(1) Existing Structures: No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure. (2) New Structures and Additions: The minimum setback from the side and rear property line is four feet.
d. Building Separation: The units or structures involved in an urban lot split may be attached or detached provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. e. Building Official Review: The City will deny a proposed 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. f. Driveways and Parking: A proposed urban lot split must not provide any onsite parking (including garages, carports, and parking on driveways).
Any hardscape more than 8 feet in width and 18 feet in depth is not permitted on a site with an urban lot split. Prior to issuance of a building permit the applicant must obtain an encroachment permit to remove an existing driveway. Prior to final-ing of building permits and granting of a certificate of occupancy the driveway apron in the public right of way must be removed and repaired.
g. Conjunction with Urban Dwellings: Only structures that meet the requirements of urban dwellings are allowed on urban lot splits. h. Disclosures:
(1) At the time of sale, a site with an urban dwelling must disclose to the seller:
a. The site is not eligible for overnight parking permits; b. The site must not be used for short term rentals;
c. The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee in the City’s fee and fine resolution; d. The property owner must provide all necessary information to the City, required in the annual housing element report; e. The site must be used for affordable housing per the recorded covenant; and
f. The site cannot be the subject of future urban lot splits.
Ordinance No. 21-1059
SECTION 6: TCMC Chapter 9-2 (SUBDIVISION REGULATIONS) is amended to add Section 9- 2-20 (URBAN LOT SPLIT PROCEDURE) as follows:
The provisions of this section apply to the processing of urban lot splits.
A. Application: An application for the urban lot split must be filed and reviewed pursuant to 9-1C-5-B. All applications must include a tentative parcel map and the applicable review fees
B. Approval Authority: The community development director (“director”) acts on all urban lot splits and has the authority to interpret and establish guidance and procedures for the approving and finalizing tentative parcel maps for such urban lot splits, in a manner consistent with state and local law.
C. Public Hearing: Urban lot splits do not require a public hearing.
D. Notice: Notice is not required for an urban lot split.
E. Staff Review: The director will circulate the application for an urban lot split, together with the tentative map, to affected city departments for review and comment. Staff will transmit to the applicant for review and consideration comments from the city departments.
F. Approval: If the application for the urban lot split meets all the requirements of 9-1T-21- B, the director will approve the urban lot split ministerially and without a public hearing.
The action of the director upon an urban lot split application is final and conclusive, in the absence of an appeal.
G. Appeal of Director’s Decision: Decisions of the director may be appealed to the Planning Commission in compliance with section 9-1C-5-G.
SECTION 7: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”). Senate Bill 9 (Atkins) states that an ordinance adopted to implement the rules of Senate Bill 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (See Government Code sections 65858.21(j) and 66411.7(n).
SECTION 8: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law.
PASSED, APPROVED, AND ADOPTED this ___ day of ______, 20__.
Ordinance No. 21-1059
________________________
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _______________________
Peggy Kuo, City Clerk Greg Murphy, City Attorney
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 ofthe 2 units from being atleast 800 square feetin 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 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 from CEQA.
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.
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.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
BILL TEXT
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 singlefamily 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 of rent 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.
(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 of up 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 walking 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 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 1976 (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:
(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 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 of less 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 of up 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 rightof-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 walking 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 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. (j)
(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 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 1976 (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 of law 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.
(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.
(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 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.
City of Temple City
URBAN LOT SPLITS
A Q U I C K R E F E R E N C E
ATTACHMENT 3
Senate Bill 9 (SB-9, Atkins) changed California Government Code Sections 6452.6, 65852.21, and 66411.7 to allow for urban lot splits. The following is summary of the law. For the full text of the change, click here.
What it Allows:
• One lot can be divided into a maximum of two lots
• Lots must be at least 40 percent the size of the original lot • Minimum size of new lot is 1,200 square feet
• Each lot can have two units
• ADUs and JADUs are counted toward the maximum
• Each unit can be at least 800 square feet
Setbacks:
• Rear and side setbacks can be as little as four feet
• No additional setbacks for existing structures
• No additional setbacks for structures replacing existing structures (new structure must be same size and location)
Parking:
• The City cannot require more than one parking space per unit • The City cannot require any parking if…
o .5 mile walk to a “high quality transit corridor”
o .5 mile walk of a “major transit stop”
o Car share vehicle within 1 block
Limitations on Demolition:
• Must not demolish or alter:
o Legally restricted affordable housing
o Housing subject to rent control
o Housing occupied by a tenant within the last three years • If the site has been rented in the last three years, cannot demolish more than 25 percent of the exterior walls
Processing Requirements:
• The City cannot apply subjective rules, such as design guidelines • Must be approved ministerially
• No discretion can be used in reviewing applications
• No hearing can be required
Rights of Way & Easements:
• Cannot require dedication of right of way
• Cannot require construction of offsite improvements
• City can require an easement to the public right of way
CITY O F TEMPLE CITY P LANNING D IV ISIO N
URBAN LOT SPLITS - QUICK REFERENCE GUIDE
Other requirements:
• Cannot be used for short term rentals
• Not required to approve an ADU or JADU, as well
• Structures can be attached
• Owner must sign affidavit that owner will live on-site for 3 years • Cannot subdivide in the future as an urban lot subdivision • Same owner cannot subdivide an adjacent site
• City must allow owner to keep non-conforming conditions (e.g. setbacks) Honorable Chair and Members of the Hermosa Beach Planning Commission Regular Meeting of November 16, 2021
..Title
TA 21-04 A Zone Text Amendment request to amend the Hermosa Beach Municipal Code Chapter 17.08 R-1 Single-Family Residential Zone to include Two-unit projects as permitted uses in section 17.08.020 and add a new section 17.08.050 Two-unit projects and a determination the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA).
..Body
Recommended Action:
..Recommendation
Adopt Resolution No. 21-XX recommending the City Council approve Zone Text Amendment 21-04, thereby amending Section 17.08.020, Chapter 17.08, and adding Section 17.08.050 of the Hermosa Beach Municipal Code regarding Two-unit projects and determine the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA).
..Body
Background:
On September 16, 2021, Governor Gavin Newsom signed into law a series of housing bills, including Senate Bill (SB) 9. SB 9 mandates cities to ministerially allow any singlefamily zoned lot to be subdivided into two lots and allow up to two single-family dwellings to be developed on each newly created lot. SB 9 will also allow lots to be developed with up to four dwelling units on the same lot, when ADU’s are included, without subdividing the existing lot.
SB 9 will become effective on January 1, 2022. Local jurisdictions have the option of adopting an ordinance that is derived from State law or adhere to the State law as set by the State.
Analysis:
SB 9 under its “urban lot splits” provision required the City to allow single-family zoned lots in Hermosa Beach to be subdivided into two lots and allow for the development of two units per newly created lot. Under SB 9, single-family lots proposed to be subdivided, would be required to have a minimum of 1,200 square feet per newly created lot.
The City is also required to allow single-family zoned lots the option of developing up to two dwelling units along with any allowed ADU’s without subdividing the lot. A summary of development scenarios is provided below:
Single-Family
Residential
Zones
Detached. Primary units are
detached from each other.
Attached. Primary units are
attached to each other.
Split. On each of
the two lots that
are formed by an
SB 9 urban lot
split
4: Two “units” of any kind on
each lot
(an original main house, new
primary unit or units under
SB 9, ADU, JADU)
4: Two “units” of any kind on
each lot
(an original main house, new
primary unit or units under
SB 9, ADU, JADU)
No Split. On a lot
that was not
formed by an
SB 9 lot split
4: [Two primary dwellings
(original or SB 9)] +
[one JADU + one ADU]
For just one of the primary
dwellings, not both. Applying
Single-Family ADU rules
5: Two primary dwellings
(original or SB 9) +
[one converted ADU + two
detached ADUs]
Applying Multi-Family ADU
Rules
In order to preserve local authority as allowed under the law, Staff is recommending the Planning Commission consider amending the Zoning Code by adding new sections in the R-1 Single-Family zone. Other residential zones that currently allow two or more units are not subject to SB 9 regulations.
The proposed new sections for consideration include “Section 17.08.020” allowing for two-unit projects as permitted uses in the R-1 zone. This proposed amendment would add “Two-unit projects” to the list of permitted uses in Chapter 17.08 of the Hermosa Beach Municipal Code (HBMC). “Section 17.08.050” would be added to Chapter 17.08 of the HBMC and would establish development standards and requirements for two-unit projects.
Certain objective standards are included as part of the proposed text amendment. The standards include the requirements of SB9, such as the parking requirement reduction from two spaces per unit to one space. Further, staff is proposing objective standards to limit the degree of potential adverse impacts of allowing multiple units in neighborhoods that have a long history of single-family development. Objective standards, as allowed under the SB9 regulations, addressed in the proposed amendments include:
• Maximum dwelling size for second “primary” dwelling unit; • Lot frontage minimum widths along public streets;
• Compliance with underlying development standards of the R-1 zone The projects would otherwise be required to comply with the underlying standards of the R-1 zone unless the standards are shown in a particular situation to preclude the development of two 800 square foot units. Staff does not expect to be an issue as the current underlying setbacks, lot coverage, and open space requirements typically can accommodate two units of that size even on the City’s smallest lots, further, the zoning code offers small lot exceptions to these standards for extremely small lots already The amendments proposed to the HBMC can be found as attachment 2.
Also associated with the proposed text amendment, but not included in Title 17 of the HBMC, is the Urban Lot Splits language provided by SB 9. The proposed amendment would be included in Title 16, the Subdivisions section of the HBMC. Since the Urban Lot Splits section is proposed to be located in Title 16, the Planning Commission is not required to review or recommend action to the City Council; however, it is pertinent to the Planning Commission’s deliberations on the Two-unit project amendments. Thus, they are provided to the Planning Commission for review and consideration. New additions to Title 16 would be listed as Chapter 16.24 Urban Lot Splits and consist of sections 16.24.10 through 16.24.70, and limit the urban lot splits to those projects where two units are constructed on each lot in accordance with the proposed zoning code changes.
It is worth noting that current lot size for newly created lots in the R-1 zone is 4,000 square feet per section 17.08.030 I. of the HBMC. Under the proposed SB 9 amendments, R-1 zoned lots would be able subdivide create lots with a minimum of 1,200 square feet by way of a ministerial subdivision process. Given that substantial change, staff is recommending objective standards so that lot splits are required to have public street frontage, and a minimum lot width of 25 feet. These objective standards are included so that reasonable access can be provided to these lots for both resident access and parking and emergency access, and to accommodate a reasonable floor plans for the two unit projects that would be constructed on each lot. The amendments proposed to be added are included in attachment 3.
Environmental Determination:
The proposed text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), because the proposed text amendments to the zoning ordinance will not cause a significant effect on the environment as amendments to the zoning ordinance are not considered a project and would provide for new standards consistent with State Law. Further the amendments to the zoning code do not propose any physical construction.
General Plan Consistency:
The proposed text amendment has been evaluated for consistency with the City’s General Plan and is consistent with the following Goals and Policies of Plan Hermosa Land Use and Design Element:
• Goal 1 Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents.
o Policy 1.6 Scale and context. Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing.
• Goal 2 Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles. o Policy 2.3 Balanced neighborhoods. Promote a diverse range of housing unit types and sizes, within the allowed densities.
The proposed text Amendment would promote the development of housing opportunities in the City by establishing a ministerial review process for two-unit projects in a zone that previously would typically only allow for one single-family dwelling unit.
Further, the amendments would allow properties in the single-family zone to be subdivided via a ministerial process. This amendment would be consistent with the state mandated SB 9 which requires every city of the state to provide for Two-unit projects and Urban lot splits.
Summary:
The Text Amendment is intended to maintain a reasonable amount of local control, as allowed by SB 9, for the approval of two-unit projects and urban lot splits. Staff recommends the Planning Commission adopt the attached resolution recommending the City Council approving Text Amendment 21-04 and determine that the project is statutorily exempt from the California Environmental Quality Act (CEQA).
Attachments:
1. Draft Resolution
2. Draft Two-Unit Projects Amendments
3. Draft Urban Lot Split Amendments
Respectfully Submitted by: Carlos Luis, Associate Planner Approved: Ken Robertson, Community Development Director Legal Review: Patrick Donegan, Deputy City Attorney
ATTACHMENT 2
For the purposes of this attachment, all new language has been identified in underline font and all existing language is identified in normal font:
Section 17.08.020
Subject to the restrictions hereinafter specified, only the following uses are permitted in an R-1 zone:
A. Accessory buildings:
1. Patio covers;
2. Bathhouse or greenhouse;
3. Swimming pool and/or spa;
4. Tool shed;
5. Garage;
6. Storage room for customary household-related items, and a maximum of four hundred (400) square feet in size.
B. Day care homes, small (see Section 17.04.040).
C. Day care homes, large, as an accessory use to a single-family detached dwelling if a day care permit is approved pursuant to Section 17.40.100.
D. Home Occupations. When conducted in accordance with the following requirements, and when a permit therefor, containing any conditions deemed necessary to ensure compliance with the requirements of this chapter and with its purpose and intent, has been issued by the business license department; provided however, that any occupation may be excluded from certain or all zones, or portions thereof, if determined by the planning commission to be incompatible with neighboring residential uses.
The following requirements are severally and jointly stated as absolute requirements, and any home occupation not conforming to the following requirements shall not be permitted:
1. Such occupation shall be carried on only by occupants of a dwelling, and shall involve the use of not more than four hundred (400) square feet, not to exceed twentyfive (25) percent of the total area of the permitted buildings on the premises.
2. Inventory and supplies for such home occupation shall occupy not more than twentyfive (25) percent of the permitted area and shall be stored entirely within an enclosure or building.
3. No sale of goods is permitted on the premises.
4. No employees are allowed.
5. No signs are permitted.
6. No display of any kind shall be visible from the exterior of the premises.
7. Light, but not medium or heavy, business machines are allowed. The classification by the planning department shall be final.
8. No presses, data processing equipment, or any electrical or other equipment requiring specialized electrical installation, or requiring over one hundred twenty (120) volts of power to operate are allowed, nor shall any mechanical shop or electrical tools be permitted except those which are customary to home crafts.
9. No tools or equipment may be operated which make a sound audible from without the premises at a distance of twenty (20) feet from the property line, between the hours of 6:00 p.m. and 9:00 a.m. No activity or equipment which makes any loud or whining noise discernible from without the premises is permitted at any time.
10. No garaging or storing of vehicles bearing any advertising related to the home occupation is allowed upon the premises or in the street in the vicinity.
11. No foot or vehicle traffic may be generated to or from the premises except for traditional uses such as tutors and day care centers as approved by the planning director.
12. There shall be complete conformity to fire, building, plumbing, electrical, zoning and health codes and to all state and city laws and ordinances; except, where required parking spaces are not available, the planning commission may temporarily waive such requirements if they find:
a. The garage, carport or space is not available solely because of temporary storage, and not because of construction and/or building improvement or modifications; and b. The temporary storage is not related to products, materials, etc., used for the conduct of the home occupation; and
c. Such waiver to be effective only if no detrimental effects are caused to adjacent properties and no valid complaints were filed due to storage.
13. No structural alterations of the premises are permitted solely for the benefit of the business.
14. No listing or advertising of the address of such home occupation for business purposes is permitted including display ads in telephone, business and city directories and in newspapers and magazines. The telephone number and address may be listed on business cards.
15. The term of any permit shall be for one (1) year, or for such other period as shall be authorized by the city council.
16. It shall be a condition of any permit hereunder that the applicant shall agree that, in the event of amendment of this section to prohibit such or any home occupation in a zone in which the same is situated, that such home occupation shall not have the status of nonconforming use, and may be eliminated forthwith without provision for extended liquidation or amortization.
17. Prior to permit approval, the premises shall be inspected to determine compliance with all limitations and requirements, particularly subsection (D)(12) of this section.
E. Garage sales, subject to Chapter 5.44.
F. Group home for six (6) or fewer persons.
G. Elementary schools, grades K through 8th, conditional use permit required.
H. Day nursery, preschool, and/or after school child care with thirteen (13) or more children, conditional use permit required subject to Section 17.40.110.
I. Religious institutions, conditional use permit required subject to Chapter 17.40.
J. Residential or medical care facility for six (6) or fewer persons.
K. Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter 17.21.
L. Single-family dwelling, including mobilehomes.
M. Supportive housing for six (6) or fewer persons.
N. Transitional housing for six (6) or fewer persons.
O. Two-unit projects, in accordance with Chapter 17.08.
Section 17.08.50 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate twounit projects in accordance with Government Code section 65852.21.
B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
C. Application.
1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
2. An application for a two-unit project must be submitted on the city’s approved form.
3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
D. Approval.
1. An application for a two-unit project is approved or denied ministerially, by the Community Development Director.
2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
E. Requirements. A two-unit project must satisfy each of the following requirements:
1. Map Act Compliance. The lot must have been legally subdivided.
2. Zone. The lot is in the R-1 Single-Family Residential Zone.
3. Lot Location.
a. The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
vii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
viii. Habitat for protected species.
ix. Land under conservation easement.
4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5. No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
6. Unit Standards.
a. Quantity.
i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
ii. A lot that is not created by an urban lot split may have a twounit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.
b. Unit Size.
i. The total floor area of any second primary dwelling built that is developed under this section cannot exceed 800 square feet.
c. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
d. Lot Coverage. The City’s existing lot coverage standards for its R-1 Single-Family Residential Zone shall apply to projects subject to this Chapter. This lot coverage standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
e. Open Space. The City’s existing open space standards for its R-1 Single-Family Residential Zone shall apply to projects subject to this Chapter. This open space standard shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
f. Setbacks.
i. Generally. The City’s existing setback standards for its R-1 Single-Family Residential Zone shall apply to projects
subject to this Chapter. These setback standards shall apply to the maximum extent feasible so that two primary dwelling units on the lot at 800 square feet are permitted.
ii. Exceptions. Notwithstanding subpart E.6.f above:
(I) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
g. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either
(I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail
transit service, or
(ic) the intersection of two or more major bus
routes with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
ii. The site is located within one block of a car-share vehicle location.
h. Utilities.
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. i. Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
j. Other Standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of State law.
7. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
8. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot. b. No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
9. Notice of Construction.
a. At least 30 business days before starting any construction of a twounit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
i. Notice that construction has been authorized,
ii. The anticipated start and end dates for construction, iii. The hours of construction,
iv. Contact information for the project manager (for
construction-related complaints), and
v. Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
10. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. If the lot is created by an urban lot split, then it is subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to this Chapter.
F. Specific Adverse Impacts.
1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “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” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
H. Remedies.
If a two-unit project violates any part of this code or any other legal requirement:
1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.
ATTACHMENT 3
For the purposes of this attachment, all new language has been identified in underline font and all existing language is identified in normal font:
Chapter 16.24 Urban Lot Splits
Section 16.24.10 Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
Section 16.24.20 Definition. An “urban lot split” means a the subdivision of an existing, legally subdivided lot in to two lots in accordance with the requirements of this section.
Section 16.24.30 Application.
A. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
B. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
C. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
Section 16.24.40 Approval.
A. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director, without discretionary review.
B. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.
C. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
D. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
Section 16.24.050 Requirements. An urban lot split must satisfy each of the following requirements:
A. Map Act Compliance.
1. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
2. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
a. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
b. The city has all the remedies available to it under the SMA, including but not limited to the following:
i. An action to enjoin any attempt to sell, lease, or finance the property.
ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
iv. Record a notice of violation.
v. Withhold any or all future permits and approvals.
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.
3. Zone. The lot to be split is in the R-1 Single-Family Residential Zone.
4. Lot Location.
a. The lot to be split is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subpart A.4.a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
5. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory.
Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
6. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior urban lot split. b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
7. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years. [The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
8. Lot Size.
a. The lot to be split must be at least 2,400 square feet. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
9. Easements.
a. The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement must be shown on the tentative parcel map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart B above.
10. Lot Access.
a. Each resulting lot must adjoin the public right of way. b. Each resulting lot must have frontage on the public right of way of at least 25 feet.
11. Unit Standards.
a. Lots created via this Urban Lot Split Chapter shall only be permitted to be developed with Two-unit Projects pursuant to section
17.08.50 and all other applicable provisions of this Code.
12. Separate Conveyance.
a. Within a resulting lot.
i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
ii. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
13. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on any lot created by urban lot split.
b. No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
c. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
14. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
a. Expressly prohibits the use of any lot created by an Urban lot split for any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lots created by the urban lot split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to Section 17.05.50.
Section 16.24.60 Specific Adverse Impacts.
1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “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” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
Section 16.24.70 Coastal Regulations Apply in Full.
Nothing in this section alters or lessens the effect or application of the California Coastal Act.