San Clemente City Council
December 20, 2022

POLICY AND PROCEDURE
Subject: City Council Meeting
and Operating
Procedures
(Parliamentary Procedures,
Due Process, Mayor/Mayor
Pro Tempore, Council
Correspondence, Meetings,
Agendas, and Minutes)
Index: City Council

Number: 1201-11
Effective
Date:

August 16, 2022 Prepared
By:

City Clerk
Supersedes: Policy and Procedures 1201-
1 (Mayor and Mayor Pro
Tempore); 1201-2 (Meetings
of the City Council); 1201-3
(Order of Business and
Preparation of Minutes);
1201-4 (Council
Correspondence and
Agenda); 1201-5 (Rules of
Debate, Decorum, Voting
Requirements & Procedures);
1202-2 Management/
Streamlining of City Council
Meetings); and 1201-11 (City
Council Meeting and
Operating Procedures)
Approved
By:

City Council

1.0 PURPOSE:

To establish policies for City Council meetings and operations, including parliamentary procedures, due process, election/roles of Mayor and Mayor Pro Tem, agendas, and the preparation of minutes.

2.0 ORGANIZATIONS AFFECTED:

City Council
City Commissions and Committees*
*Note: Except as otherwise noted throughout this Policy, this Policy shall also apply to the City's Commissions and Committees. In applying this Policy to City Commissions and Committees, the term "Council" shall be interpreted to mean the name of the City Commission or Committee, the term "Mayor" shall be interpreted to mean "Chairperson", the term "Mayor Pro Tempore shall be interpreted to mean "Vice Chair", the term "Manager" shall be interpreted to mean "Director", and the 325
Attachment 3

term "City Clerk" shall be interpreted to mean the staff member responsible for providing support to the Commission/Committee.

3.0 REFERENCES:

The Ralph M. Brown Act, GC Section 54950, et seq.

4.0 POLICY:

4.1 Parliamentary Procedures and Due Process

4.1.1 The proceedings of the City Council shall be guided under the latest revised edition of "Rosenberg's Rules of Order," on all matters pertaining to parliamentary procedure, but no ordinance, resolution, proceeding or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules. In the event of a discrepancy between Rosenberg's Rules of Order and this Policy and Procedure, this Policy and Procedure shall prevail.

4.1.2 The Mayor, with assistance from the City Attorney, is designated as the parliamentarian for City Council meetings. The City Clerk shall assist in the City Attorney's absence. Any member of the City Council or the public (pursuant to process below) may raise a point of order and/or seek the City Attorney’s input on parliamentary issues, which shall then be considered by the Mayor. The City Council may override any parliamentary decision of the Mayor with a majority vote. The Mayor may interpret and apply but not amend these policies.

Points of order may be raised at any time by City Councilmembers.

Points of order may be raised by members of the public in connection with their opportunity to speak on agenda items pursuant to Section 4.4.6. The Mayor (or chair) shall rule on the point of order and/or request clarification of the law from the City Attorney and then decide and rule. If the point of order is denied by the Mayor or chair, the person making the point of order may seek a vote of the entire Council or body, which decision shall be final.

Members of the public wishing to raise points of order after their opportunity to speak may submit those points of order in writing prior to the adjournment of the meeting. Items so submitted shall be presented for consideration by the City Council in connection with its approval of the minutes of that meeting pursuant to Section

4.6 hereof. At that time the Mayor and City Council will review and decide the point of order raised and determine whether it warrants scheduling and noticing of that item for reconsideration. 326
Attachment 3

4.1.3 It shall be understood that a member of the City Council or prospective member of the City Council may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date.

This policy shall in no way impair that Councilmember's right to consider the issue and vote as he/she determines is appropriate.

4.1.4 Ex parte communications are communications received outside of Council meetings or hearings. When the Council acts in a legislative role (for example, to adopt general plan or zoning amendments or to adopt ordinances), Councilmembers are
permitted to draw upon nearly all observations and considerations they receive inside and outside the Council meeting. On the other hand, when acting in a quasi-adjudicatory role (hearing permits, revocations, and similar non-legislative decisions), the Council, as fact-finder, should limit its consideration of facts to those presented at the hearing, where all sides have the opportunity to hear and rebut testimony given by all participants. To this end, Councilmembers should avoid receiving or gathering information that might otherwise influence its consideration of the written record and any other testimony it hears through the formal hearing process, or at least disclose their receipt of that information.

4.2 Election of Mayor and Mayor Pro Tempore and Roles of Those Offices

4.2.1 At the first Regular City Council meeting in December of each year, the Council shall elect from its members a Mayor and Mayor Pro Tempore. The new Mayor and Mayor Pro Tempore shall assume office immediately upon election. (Note: Commissions and Committees shall elect from its members a Chairperson and Vice Chair at its first regular meeting occurring after Council completes its annual appointment process for Commission and Committee members and those members assume office.)

4.2.2 The Mayor and Mayor Pro Tempore shall serve a one-year term at the pleasure of the Council majority.

4.2.3 The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority of the City Council.

4.2.4 The Mayor shall preside at all regular, adjourned regular, special and emergency meetings of the City Council, including joint meetings with commissions and committees and closed sessions. 327
Attachment 3

4.2.5 The Mayor shall execute all official City documents, warrants and correspondence approved by the City Council.

4.2.6 The Mayor is authorized to issue proclamations, commendations and certificates of recognition, which may be presented at Council meetings under Special Presentations. The total time allotted to Special Presentations should, if possible, be limited to 15 minutes per meeting. (This section does not apply to Commissions or Committees.)

4.2.7 Nothing in this section is intended to suggest that the office of Mayor possesses formal powers or authority in excess of other members of the City Council; rather, the person serving as Mayor is to be recognized as the chairperson of the Council.

4.2.8 The Mayor Pro Tempore shall serve and perform the functions of the Mayor in the absence of the Mayor. If both the Mayor and Mayor Pro Tempore are absent from a City Council meeting, the Council members present shall select a Councilmember from those members present to perform the functions of Mayor at that particular meeting.

4.3 City Council Correspondence

4.3.1 The City Manager, or his/her designee, is authorized to open and examine all mail or other written communications addressed to the City Council as a body, but shall not open correspondence addressed to an individual Councilmember without their express authorization.

4.3.2 The City Manager may take action, or direct that action be taken, on issues or requests that do not require Council action. The City Manager shall inform Council when actions are taken on matters of significance or that are likely to be of interest to the City Council.

4.4 City Council Meetings

4.4.1 The date, time and location of Regular Meetings of the City Council shall be established by resolution. At 11:00 p.m. at each meeting, the City Council, by majority vote, will determine whether to continue the meeting or adjourn.

4.4.2 At all meetings of the City Council, a majority of the Council members shall constitute a quorum for the transaction of business.

In the event less than a quorum of the City Council is present, the City Clerk shall adjourn the meeting (which may include adjourning to an Adjourned Regular Meeting), post a Notice of Adjournment, 328
Attachment 3

and prepare minutes that reflect that the meeting was adjourned due to lack of a quorum.

4.4.3 The City Clerk, or Mayor, shall announce an agenda item before discussion on that item commences.

4.4.4 Each person desiring to address the Council is requested to submit to the City Clerk a speaker form. After being called upon by the Mayor, the speaker may proceed to the podium. The speaker may state for the record his/her name and city of residence, but shall not be required to do so.

Members of the public may speak for three (3) minutes and project applicants and appellants (including members of an applicant's or appellant's project presentation team, when applicable) may speak for a combined total of ten (10) minutes on agenda items. At Council’s request where Council is acting in a fact-finding or hearing capacity, the Mayor may grant additional time (unless overruled by a majority of Councilmembers present) to speakers on agenda items.

Speakers will be called to the podium once Staff concludes its presentation of an item and before Council begins its deliberations.

Speaker cards will not be accepted once deliberations have commenced.

Speakers on non-agenda items may speak for three (3) minutes during the oral communications - public forum portion of the meeting.

The time that a speaker devotes to responding to Council inquiries shall not be deducted from their allotted speaker time.

4.4.5 Members of the public may not assign their speaker time to another person.

4.4.6 The purpose of addressing the City Council is to communicate formally with the City Council regarding matters that relate to City Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the City Council. Speakers may be asked to clarify how their comments relate to the matter at hand. Speakers may address the entire Council or individual Councilmembers, and, if allowed by the Mayor or chair, City staff.

4.4.7 Once recognized, members of the public shall not be interrupted when speaking unless to be called to order by the Mayor to: (i) 329
Attachment 3

curtail extraordinary repetition, (ii) curtail speech that is irrelevant to the City Council’s subject matter jurisdiction, (iii) explain how his or her speech relates to the City’s subject matter jurisdiction, or (iv) address some other point of order. If a speaker is interrupted to be called to order, the speaker shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed, with additional time allotted for the time taken to determine the question of order.

4.4.8 In order to avoid repetitious presentations, whenever any group of persons wishes to address the Council with the same message, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to represent the group's position. Speakers shall not, however, be required to abide by such a request.

4.4.9 To expedite Council meetings, Councilmembers are encouraged to contact Staff prior to Council meetings to obtain answers to questions and to obtain clarifications as needed.

4.4.10 Staff shall compose Administrative Reports in a clear and concise manner. Staff shall strive to write reports in a manner that can be easily understood by persons that do not have training in the report's subject matter.

4.4.11 Staff presentations at Council meetings are to be condensed to the briefest extent possible, while still providing a basic overview of the issue under consideration. Staff is encouraged to refrain from reiterating issues previously addressed in the Administrative Report. However, Staff engaged in such communications shall not use these opportunities to communicate with the members of the City Council the comments or position of any other member of the City Council on City Council business.

4.4.12 Members of the public shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Any person who so disrupts the meeting is subject to removal from the meeting.

Prior to removing anyone from a City meeting, the Mayor (or other designated chair) shall: (i) notify the person that he/she is in violation of this Section 4.4.12, (ii) specify the specific behavior giving rise to that conclusion; (iii) explain all grounds for the belief that the person’s conduct is in violation of law/policy and why such conduct subjects the person to expulsion; and (iv) notify the person that if the conduct continues he/she will be removed. The person receiving such notification shall be asked if he/she understands the conclusion but shall not be required to accept it.
330
Attachment 3

Members of the public receiving notice of disruption pursuant to this section shall have the right, prior to being removed from the meeting, to ask the Mayor to consult with the City Attorney on the grounds for expulsion, and to submit a point of order on the grounds for expulsion. The City Council may override this decision pursuant to Section 4.1.2. The City Attorney shall have a duty to inform the Mayor (or other designated chair) and the public if the City Attorney believes that the Mayor’s action is in violation of applicable law.

4.4.13 Motions must be seconded in order to proceed to a vote.

4.5 City Council Agendas

4.5.1 With the exception of items added to a City Council agenda pursuant to Section 4.5.4 of this Policy, the City Manager and Mayor in conference shall be responsible for determining items to appear on City Council meeting agendas.

4.5.2 The standard template for City Council agendas shall be established by Council by majority vote. The City Manager shall have the authority to reorganize the template on a case-by-case basis if he/she believes that a variation in the normal order of business is appropriate.

4.5.3 Councilmembers may agendize items to enable them to "report out" on matters relating to their own activities, including activities pertinent to their Council-appointed positions on regional commissions, committees and boards, provided the report is informational only. If Council action is being sought, the process defined in Section 4.5.4 of this Policy shall be followed.

4.5.4 Two members of the City Council may propose at a Council meeting that an item be agendized for future Council discussion, consideration, and/or action. Subject to notice and hearing requirements, the item shall be agendized for a future meeting and noticed as required by law. Items agendized pursuant to this section shall appear on an agenda under the New Business portion of the agenda and the names of the Councilmembers who
agendized the item shall be included with the item description. Staff Reports will only be prepared if a minimum of three members of the City Council vote affirmatively at a Council meeting to direct Staff to prepare a report.

4.5.5 Notwithstanding Sections 4.5.1 and 4.5.4 of this Policy, the process to review, appeal, or otherwise “call up” decisions by the Planning Commission or other subordinate City bodies shall be subject to the requirements of the San Clemente Municipal Code.
331
Attachment 3

4.5.6 Notwithstanding Section 4.5.4, a proposal to reconsider any action taken by the City Council may be raised only at the same meeting or the next regularly scheduled meeting of the City Council after the action is taken and may be raised only by one of the
Councilmembers who voted with the prevailing side. Additionally, the motion to reconsider may only be made by one of the Councilmembers who voted with the prevailing side.

4.5.7 The City Clerk shall be responsible for the preparation of Council meeting agendas and shall cause copies to be posted on the City Hall bulletin board(s) and City website. Regular and Adjourned Regular Meeting agendas shall be posted within the posting time requirements as set forth in State law. In the case of special meetings, agendas shall be posted as soon as practical, but in no event less than the posting time requirements as set forth in State law.

4.5.8 Consent Calendar items shall be comprised of items that are expected to be noncontroversial. Unless an item is removed from the Consent Calendar by a member of the Council, staff, or the public for separate discussion and action, the Consent Calendar may be acted upon by one motion.

4.5.9 The City Council may waive the reading in full of all Resolutions and Ordinances. The reading of Resolution titles shall be optional.

The reading of Ordinance titles shall not be waived.

4.5.10 Members of the public may address Council concerning matters within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, during the Oral Communications portion of the agenda. Speakers may address Council once during either Oral Communications Part 1 or Part 2. Speakers shall be allotted 3 minutes in which to give his or her presentation.

4.6 City Council Minutes

4.6.1 The City Clerk shall have exclusive responsibility for the preparation of the minutes.

4.6.2 The minutes of City Council meetings shall be submitted to Council for approval/modification at a City Council meeting. Any direction for modifications to the City Council minutes shall only be made upon a majority vote of the City Council.

4.6.3 Minutes shall be prepared in brief concise form, in what are commonly referred to as "action minutes". Action minutes memorialize what was done at a meeting, as opposed to what was 332
Attachment 3

said at a meeting. An exception to this guideline is that a brief summarization of comments provided to Council by the public are to be included in the minutes. Additionally, the identity of Councilmembers who make motions, second motions, and cast votes on motions are to be included in the minutes.

4.6.4 Unless the reading of the minutes of a City Council meeting is ordered by a majority of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy thereof.

4.6.5 The approved minutes shall be executed by the Mayor and City Clerk upon approval by the City Council and shall constitute the official record of the City Council meeting.

4.6.6 The City Clerk shall enter the original executed minutes into the official records of the City as a permanent document.

4.7 Closed Sessions

4.7.1 The City Council may hold closed sessions during duly-noticed Council meetings on issues authorized by State law.

4.7.2 A City Commission or Committee may hold closed sessions during duly-noticed meetings of its body on issues authorized by State law, the City Council, and the City Attorney.

4.7.3 No member of the City Council, employee of the City, or any person present during a closed session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority vote of the Council authorizes such disclosure.

4.7.4 Closed sessions shall be limited to members of the City Council, City Manager, City Attorney and/or City legal counsel, as well as staff members and experts designated by the City Manager or City Attorney to attend portions of Closed Sessions relating to specific issues, as permitted by law.

4.7.5 To the extent possible, the public will be notified prior to the time that the City Council recesses to closed session as to whether or not a public announcement of action is anticipated following the Closed Session.

4.7.6 Where potential plaintiffs and defendants have manifested or communicated their awareness of facts and circumstances and a legal theory connecting those facts and circumstances to potential litigation involving the City, those facts and circumstances, together 333
Attachment 3

with (i) the identity of potential parties or (ii) related documentation, shall be disclosed prior to a closed session to discuss anticipated litigation, in accordance with GC 54956.9.
334

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/20/2022 Agenda Item: (1)
Department: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:

Update to Council Appointees to Regional Committees, Commissions and Boards and City Council Subcommittees.

Fiscal Impact:

None.

Summary:

Each December, Council updates its appointees to regional committees, commissions and boards.

The 2022 list of appointees is attached. Staff recommends that Council update its regional appointments at this time.

It should be noted that the Joint Powers Agreement with the Orange County Fire Authority (OCFA) requires that Council's appointment to the OCFA Board of Directors be made through adoption of a resolution.

Additionally, at its meeting of September 6, 2022, Council voted on a 3-2 vote (Councilmember Duncan and Councilmember Ward dissenting) to establish a Citizens Subcommittee to further analyze the feasibility of an amphitheater. Each Councilmember was to appoint a citizen to participate on the subcommittee. To date, only one Councilmember has appointed a citizen to the subcommittee. Staff recommends that Council make a determination whether or not to move forward with establishing the Citizens subcommittee to analyze the feasibility of an amphitheater.

At its December 6, 2022 City Council meeting, Council requested a review of Council subcommittees to determine whether to dissolve old subcommittees, create new subcommittees, and/or reassign Councilmembers to various subcommittees. This may also be discussed at this time.

Recommended Actions:

Staff Recommendation

1. Update Councilmember appointments to various regional committees, commissions and boards.

2. Determine the Councilmember who will serve as the City’s representative to the Orange County Fire Authority Board of Directors and adopt a Resolution entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S CITY OF SAN CLEMENTE Page 1 of 2 Printed on 12/15/2022
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Meeting Date: 12/20/2022 Agenda Item: (1)
BOARD OF DIRECTORS, with the direction that the name of the City’s new Director be inserted.

3. Determine whether or not to establish a citizen’s subcommittee to further analyze the feasibility of an amphitheater. If it is determined to establish a citizen’s subcommittee, each Councilmember will appoint a citizen, and notify the City Clerk of that appointment.

4. Update Councilmember appointments to various City Council subcommittees.

Attachment:

1. 2022 Council Appointed Representatives to Committees, Commissions and Boards list.

2. Draft Resolution Appointing a Representative to the Orange County Fire Authority Board of Directors.

3. City Council Subcommittee list.

Notification:

Orange County Fire Authority upon determination of Board Member.

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2022 COUNCIL APPOINTED REPRESENTATIVES

TO COMMITTEES, COMMISSIONS AND BOARDS
Committee/Commission/Board Location Meeting
Date(s)
Representative(s) Compensation
Capistrano Unified School District
Liaison Committee
Ferguson and Duncan No
Coastal Animal Services Authority
(CASA)
Animal
Shelter
San
Clemente
3rd Monday,
5:30 p.m.

Bi-monthly
James/Ward (Alt.) No
Community Engagement Panel Varies Quarterly
(dates vary)
Duncan/Ferguson (Alt.) No
Conservancy (Elected/Appointed
Representative to Friends of the
Reserve Commission)
Knoblock/Duncan (Alt.)
The City's “At Large”
position is vacant.

The Talega HOA
Representative is
Laurie Gooch (term
expires June 30, 2020).

The At-Large and
Talega Representative
positions will not be
filled until CM Knoblock
reports to Council with
regard to the Friends’
inactivity.

No
Chamber of Commerce – Economic
Development
City Hall
Conference
Room
As Set James/Duncan (Alt).

Note: The Mayor will
continue to attend
ribbon-cutting
ceremonies.

No
Downtown Business Association –
Economic Development
As set Duncan/James (Alt). No
Emergency Operational Area Council
(Orange County)
Mayor and Mayor Pro
Tem
No
Fire Authority (Orange County) OCFA
Boardroom, 1
Fire Authority
Road, Irvine
4th Thursday
of every
other month
at 6:30 p.m.

Ward Yes ($100 per
meeting with
maximum of $300
per month).

Special notes: This
appointment must
be made by
resolution.

Alternates were
discontinued in
2015.

Historic Preservation Ad Hoc
Committee
TBD TBD Ferguson/Ward (Alt.) No
Hospital Subcommittee James and Duncan
Insurance Authority (California Joint
Powers Insurance Authority)
La Palma 4th
Wednesday,
4:30 p.m.

James Yes, $100 per
year.

Investment Advisory Committee Ocean View
Conf. Room
Quarterly,
6:00 p.m.

Last Monday
of the month
Knoblock No
Legislative Delegate Program -
Representative to Senate District 36
Mayor and Mayor Pro
Tem
No
ATTACHMENT 1
337
Legislative Delegate Program -
Representative to 74th Assembly
District
Mayor and Mayor Pro
Tem
No
Library Task Force (Orange County) Tustin Library Quarterly, 4th Thursday,
4:00 p.m.

James No
Mayors (South Orange County
Association of Mayors)
Rotating
Cities
2nd
Thursday,
7:30 a.m.

Mayor No
U.S. Marine Corps Liaison Duncan No
MWDOC Interaction of Elected
Officials
Knoblock/Ferguson
(Alt.)
No
Nine South County Water Agencies
(This is the name of a group that
consists of nine South Orange County
water agencies).

Moulton
Niguel Water
District Office
No regular
meetings,
but usually
held at noon
on
Wednesdays
(such as the
fourth
Wednesday
of the
month).

Knoblock/Ferguson
(Alt.)
No
OCTA Transportation Planning
Workshops
Ward and Public Works
Director
No
Sand Replenishment Project Knoblock No
SCAG General Assembly Annual
Meeting in
May
Ferguson No
Social Service/Community Service
Budget Committee
James No
South Orange County Watershed
Management Area Executive
Committee
Knoblock/James (Alt.) No
Toll Road Subcommittee Ward and James
Vector
(Orange County Mosquito and Vector
Control Board)
District
Office,
Garden
Grove
3rd
Thursday,
3:00 p.m.

Knoblock (term expires
January 2024)
Yes ($100 per
month)
Wall of Recognition Ward No

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RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DESIGNATING AND

APPOINTING ITS REPRESENTATIVE TO THE ORANGE
COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS
WHEREAS, the City, as a “member” of the Orange County Fire Authority Joint Powers Authority (JPA) is entitled to appoint a representative director (“Director”) to the Orange County Fire Authority’s Board of Directors, and
WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County whose Board of Supervisors shall appoint two representatives to act as its Directors, and
WHEREAS, each Director shall be a current elected member of the governing body, and WHEREAS, each Director shall hold office until the selection of a successor by the appointing body, and
WHEREAS, each Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body, and
WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director.

NOW, THEREFORE the City Council of the City of San Clemente does hereby resolve as follows:

SECTION 1. The City Council hereby designate and appoint Council Member ___________ as a Director to the Orange County Fire Authority Board of Directors.

SECTION 2. The City Council hereby directs the City Clerk to transmit a copy of execute resolution to the Clerk of the Authority of the Orange County Fire Authority prior to their next regularly scheduled board meeting.

SECTION 3. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution.

PASSED, APPROVED, AND ADOPTED this ___________ day of ______________ 2022.

ATTACHMENT 2
339

MAYOR of the City of
San Clemente, California
ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By:_________________________
Name,
City Attorney

340

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. -- was adopted at a regular meeting of the City Council of the City of San Clemente held on the 20th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of December, 2022.

CITY CLERK of the City of
San Clemente, California
Approved as to form:

City Attorney
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Subcommittee List
Name Date File Number Active Yes/No
Design Review Subcommittee 10‐16‐2007 YES
Urban Design Downtown Visioning
Subcommittee 2004 No
Dog Issues Subcommittee 7/14/2009 703‐001‐018 No
Trails Subcommittee 7/14/2009 703‐001‐018
Donna O'Neill Land Conservancy
Subcommittee 11‐4‐2010 No
Courtney's Sand Castle
Subcommittee 2010 No
GPAC Subcommittees    (1. Arts &
Culture; 2.  Dark Skies; 3. Historic
Preservation; 4. Tree Preservation;

5. Technology; 6.  Permaculture ) 2011 No
Sports Partnership Subcommittee 12‐18‐2012 703‐001‐021 ? Parking ‐ Commercial Subcommittee 7‐16‐2013 1102‐01‐016 ? San Clemente Hospital (Senior
Housing/Medical) Subcommittee 10/21/2014 406‐001‐002 YES LED ‐ Street Lighting Conversion
Subcommittee 10‐06‐2015 804‐001‐008
Initiative Petition for Election of City
Council Members by District
Subcommittee 8‐20‐2016 501‐002‐008
"Ad‐Hoc" Subcommittee ‐ Train Horn
Request for Audit of Legal Bills
Subcommittee 9‐15‐2020 502‐008‐001
Toll Road (Transportation)
Subcommittee 1‐20‐2017
"Ad‐Hoc" Subcommittee ‐
Appointment of Erik Sund to City
Manager 5/4/2021
Homeless Subcommittee 20/21 101‐043‐001 YES
Community Choice Energy
Subcommittee 10‐19‐2021 303‐008‐005 YES
ATTACHMENT 3
342

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/20/2022 Agenda Item: (2)
Department: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:

Establishment of Council Meeting Schedule for 2023 and Early 2024 Fiscal Impact:

None.

Summary:

The City Council has historically cancelled two meetings in July and/or August to accommodate Council and staff vacations. The first City Council meeting in July falls on the 4th of July holiday, so that meeting will need to be cancelled or rescheduled. Staff recommends that Council cancel the July 4, 2023 and August 1, 2023 City Council meetings.

Additionally, staff recommends that Council schedule the Long Term Financial Plan meeting for 4:00 p.m. on Tuesday, February 28, 2023 and the Budget Workshop on Tuesday, May 23, 2023. The Budget would then be considered for adoption by Public Hearing at the Regular City Council meeting of June 6, 2023.

Lastly, staff recommends that Council cancel or reschedule its first meeting in January 2024 (January 2, 2024) since City Hall will be closed the week prior when agendas and associated staff reports would normally be prepared.

Recommended Actions:

Staff Recommendation

1. Council cancel its meetings of July 4, 2023 and August 1, 2023 to accommodate Council and staff vacations.

2. Schedule the Long Term Financial Plan Meeting for February 28, 2023 at 4:00 p.m.

3. Schedule the Budget Workshop for May 23, 2023 at 4:00p.m.

4. Cancel the City Council meeting of January 2, 2024.

Attachment:
2023 Calendar
Notification:

None.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/16/2022
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344

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/20/2022 Agenda Item: A.

Department: Community Development
Prepared By: Adam Atamian, Deputy Community Development Director/ City Planner Laura Coury, Assistant Planner
Subject:

CONTINUANCE OF APPEAL OF MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOODS BEER AND WINE, 2801 S. EL CAMINO REAL
Summary:

A public notice was published for this item in the San Clemente Times for December 20, 2022.

Following public notice of this item, the applicant requested a continuance of the hearing to allow time for the applicant to prepare before the application is considered by the City Council. Staff, after coordinating with the applicant, is tentatively continuing the item to the regular City Council meeting to be held February 7, 2023.

Public notices for future meetings will be published and posted per City and State requirements, including re-publication in the newspaper.

Staff Recommendation:

Continue the public hearing to the Regular City Council meeting of February 7, 2023, per the request of the applicant.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/16/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/20/2022 Agenda Item: B.

Department: Community Development
Prepared By: Sara Toma, AICP, Senior Planner
Subject:

INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING CHAPTER 16.50 (STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86 (STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO

ESTABLISH OBJECTIVE DESIGN, DEVELOPMENT AND SUBDIVISION STANDARDS REGULATING URBAN LOT SPLIT AND TWO-UNIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9; (PROJECT NO. ZONING AMENDMENT 22-395).

Fiscal Impact:

None.

Summary:

The California legislature passed, and Governor Newsom signed into law, Senate Bill 9 (“SB 9”), which went into effect on January 1, 2022. SB 9 requires cities to: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 square feet and (2) allow any lot in a single-family residential zone to be developed with up to two primary dwellings.

SB 9 requires cities to approve eligible lot splits and two-unit projects ministerially (i.e., without discretionary review, conditions, or a hearing). SB 9 authorizes cities to establish objective design, development, and subdivision standards for urban lot splits and two-unit projects. The City Council established such standards on December 7, 2021 via Urgency Ordinance No. 1723. The proposed ordinance (the “Ordinance”) before the Council re-codifies the City’s SB 9 standards and includes various updates and refinements from the Design Review Subcommittee, Planning Commission, and staff (Attachment 1, “Exhibit A”).

Background:

On December 7, 2021, the City Council adopted an Urgency Ordinance No. 1723 (Attachment 5) establishing objective design, development, and subdivision standards for SB 9 urban lot splits and two-unit projects in the City. The proposed Ordinance will re-codify and update the City’s SB 9 standards that were established by the Urgency Ordinance-and contained in San Clemente Municipal Code (“SCMC”) Chapters 16.50 (State-Mandated Subdivisions) and 17.86 (State-Mandated Residential Projects). Among other things, these standards include regulations governing minimum lot size, required easements, lot access, unit size, maximum height, minimum setbacks, architecture, landscaping, and fire safety.

Discussion:

Description
Chapter 16.50, Section 16.50.010 - Urban Lot Splits. California Government Code section 66411.7 requires cities to ministerially approve a parcel map for an urban lot split that meets specific statutory CITY OF SAN CLEMENTE Page 1 of 4 Printed on 12/15/2022
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Meeting Date: 12/20/2022 Agenda Item: B.
requires cities to ministerially approve a parcel map for an urban lot split that meets specific statutory requirements. An “urban lot split” is defined as the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of the Government Code referenced above. The eligibility requirements are numerous and fact specific and provided in full in SCMC section

16.50.010 (Urban Lot Splits). Among other things, they include requirements concerning: compliance with objective standards provided in the Subdivision Map Act, locational restrictions (e.g., the lot must be in a single-family zone, the lot cannot be a hazardous waste site that has not been cleared for residential use, in a wetland, or in designated historic areas), lot configuration, impact on protected housing, lot access, etc. Eligibility for ministerial approval of an urban lot split is also contingent on the applicant satisfying the City’s objective zoning, subdivision, and design standards for these projects.

Chapter 17.86, Section 17.86.010 - Two-Unit Projects. Two-unit projects are governed by California Government Code section 65852.21. Under this section, the City is required to ministerially approve two-unit projects that satisfy the numerous and fact specific eligibility requirements-which are state mandated and listed in full in the Government Code section cited above as well as in SCMC section 17.86.010 (Two-Unit Projects). Under SB 9, 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 on a legally subdivided lot in accordance with the requirements of the Government Code.

Analysis
As previously noted, SB 9 allows cities to impose objective zoning, subdivision, and design standards on urban lot splits (with proposed primary units) and two-unit projects. State law defines an objective standard, as a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g. a specific height limit). The City’s existing standards for urban lot splits and two unit projects were established via Urgency Ordinance No. 1723. The proposed Ordinance will re-codify and update the objective standards established by the Urgency Ordinance. Attachment 3 is a redline document showing the changes to the City’s SB 9 standards that will be made by the proposed Ordinance. A summary of the Ordinance’s significant updates to the City SB 9 standards is provided below.

Chapter 16.50 (State-mandated Subdivisions)
Urban Lot Split Projects
· The Urgency Ordinance provided for a 3-month expiration of the tentative parcel map, which was determined not practical to meet the parcel map review and approval of the Orange County Survey Department per the Subdivision Map Act requirements. Staff revised the extended tentative parcel map expiration date to 12 months from the City’s approval of the map.
· To ensure uniformity with the character of existing neighborhoods the following design and development standards were added: 1) lot coverage to match underlying zone, 2) urban open area providing recreational space for new primary dwellings, 3) garage standards for covered or enclosed parking, 4) building separation of 10 feet minimum (except as otherwise allowed by state law), 5) architecture standards such as matching the existing primary exterior materials, colors, and dominant roof pitch, creating uniformity, 6) landscaping standards protecting mature trees and screening visible features from the public right-of-way, 7) storage CITY OF SAN CLEMENTE Page 2 of 4 Printed on 12/15/2022 powered by Legistar™347
Meeting Date: 12/20/2022 Agenda Item: B.
protecting mature trees and screening visible features from the public right-of-way, 7) storage and laundry facilities to provide useful amenities to a new building, 8) water heaters, and mechanical equipment and metering devices standards were incorporated to ensure that they are not visible from the public right-of-way, 9) access and circulation for pedestrians and vehicles to meet city standards and fire authority requirements, 10) refuse storage areas standards were incorporated to ensure new dwelling units have designated refuse area that can be easily accessible and not visible from the public right-of-way.

Chapter 17.86 (State-mandated Residential projects)
Two-unit Projects
· The same standards proposed in Chapter 16.50 (above) were included for the two-unit projects to ensure uniformity with the character of existing neighborhoods. The following design and development standards were added to the ordinance: 1) lot coverage to match underlying zone, 2) urban open area providing recreational space for new primary dwellings, 3) garage standards for covered or enclosed parking, 4) building separation of 10 feet minimum (except as otherwise allowed by state law), 5) architecture standards such as matching the existing primary exterior materials, colors, and dominant roof pitch, creating uniformity, 6) landscaping standards protecting mature trees and screening visible features from the public right-of-way, 7) storage and laundry facilities to provide useful amenities to a new building, 8) water heaters, and mechanical equipment and metering devices standards were incorporated to ensure that they are not visible from the public right-of-way, 9) access and circulation for pedestrians and vehicles to meet city standards and fire authority requirements, 10) refuse storage areas standards were incorporated to ensure new dwelling units have designated refuse area that can be easily accessible and not visible from any public right-of-way.

Design Review Subcommittee and Planning Commission Meetings:

Design Review Subcommittee
The Design Review Subcommittee (DRSC) reviewed the proposed objective design standards at their September 28, 2022, and October 26, 2022 meetings. The DRSC recommended modifications to various portions of staff's proposed ordinance. Staff incorporated the DRSC's recommendations into the draft attached to this report. DRSC was supportive of including additional objective standards to ensure projects utilizing the provisions of SB 9 maintained compatibility with the scale of surrounding single-family development, and recommended the proposed ordinance be forwarded to the Planning Commission.

Planning Commission
On November 16, 2022, the Planning Commission considered the proposed Ordinance and recommended its adoption by the City Council (inclusive of various minor amendments described in Attachment 2 that were incorporated into the proposed version in Attachment 1. The Planning Commission Staff Report is included as Attachment 4 of this Agenda Report for reference. The Planning Commission also requested that staff coordinate with the Planning Commission Chair to provide the Council with a Memorandum (on behalf of the Planning Commission) outlining the Commission’s concerns regarding the ever-increasing trend of state laws that reduce-and in many instances eliminate-local control over planning and land use policy. The Memorandum is attached as Attachment 6.

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Meeting Date: 12/20/2022 Agenda Item: B.

Plan and Policy Consistency:

The action is consistent with the General Plan goals and policies as described in the proposed Ordinance.

Council Strategy:

The action is consistent with Council Strategy 2 in that adopting the zoning ordinance consistent with Senate Bill 9 (SB 9) will streamline the process for applicants and that would grow confidence in City operations by continuing to meet housing needs.

Environmental Review/Compliance (CEQA)
Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the laws enacted by SB 9.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council:

Introduce Ordinance No. __ entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING CHAPTERS 16.50 AND 17.86 AND AMENDING SECTION 17.52.020 TO THE SAN CLEMENTE MUNICIPAL CODE TO REGULATE URBAN LOT SPLITS AND TWOUNIT PROJECTS UNDER SB 9; AND FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
Attachment:

1. Proposed Ordinance
“Exhibit A” SB 9 Ordinance

2. Planning Commission Ordinance Changes

3. Redline - SB 9 Ordinance

4. Planning Commission Staff Report

5. Urgency Ordinance No. 1723, Adopted December 7, 2021

6. Planning Commission Memorandum
Notification:
1/8 page notice was published in the San Clemente Times.

CITY OF SAN CLEMENTE Page 4 of 4 Printed on 12/15/2022
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ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE AMENDING CHAPTERS 16.50 AND 17.86
AND AMENDING SECTION 17.52.020 TO THE SAN

CLEMENTE MUNICIPAL CODE TO REGULATE URBAN
LOT SPLITS AND TWO-UNIT PROJECTS UNDER SB 9;

AND FINDING THE ACTION TO BE EXEMPT FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective zoning, subdivision, and design review standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city regulation; and
WHEREAS, the City desired to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, on December 7, 2021, the City Council Adopted Urgency Ordinance No. 1723, to establish appropriate objective standards for urban lot splits and two-unit projects under SB 9; and
WHEREAS, the City desires to amend its regulations of urban lot splits and twounit projects to better meet the needs of the City while maintaining compliance with SB 9; and
WHEREAS, on November 3, 2022 the City gave public notice of a Planning Commission public hearing to be held to consider this ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on November 16, 2022, the Planning Commission conducted a dulynoticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning ATTACHMENT 1
350
Commission voted to forward the Ordinance to the City Council with the Commission’s recommendation with minor modifications; and
WHEREAS, on December 8, 2022, the City gave public notice of a City Council public hearing to be held to consider this ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 20, 2022, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the laws enacted by SB 9.

Moreover, amendments to Chapter 16.50 are exempt from CEQA review. CEQA Guidelines §15315 (Class 15, Minor Land Divisions) of Title 14 of the California Code of Regulations applies to projects that consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels, which the State has determined to be a class of projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class description specified above because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot are in a residential zone.

The Zoning Code Amendments to Chapter 17.86 are also exempt from CEQA under Guidelines §15303 (Class 3, New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations, which applies to projects that consist of construction and location of limited numbers of new small structures and the conversion of existing small structures from one use to another, including the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure 351
totaling no more than four dwelling units, which the State has determined to be a class of projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class described above because the ordinance regulates the construction 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, in a residential zone.

Section 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the Planning Commission hereby makes the following findings:

1. General Plan. This Ordinance amendment to San Clemente Municipal Code section 16.50 and 17.68 are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.03 provides that the City should maintain neighborhood character by maintaining elements of residential street that unify and enhance the character of neighborhoods, including parkways, street trees, and compatible setbacks. This Ordinance is consistent with—and effectuates—Policy LU-1.04 by ensuring that qualifying properties under SB 9 projects are providing site designs to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code, and in consideration of the following: a) varied and distinct building elevations, facades, and masses (avoiding undifferentiated "box-like" structures); b) building scale and massing that is compatible with existing development; c) use of extensive site landscaping to complement the architectural designs of structures; d) reduced area and width of paving in front yards for driveway and garage access; and e) location and design of garages so that they do not dominate the appearance of the dwelling from the street. Collectively, this will facilitate housing projects with a variety of housing types, styles and densities in the City. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of Programs from the City’s Sixth Cycle Housing Element.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing the instances where the City must allow the ministerial approval of qualifying urban lot splits and two unit projects as required by state law. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. 352
For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

Section 4. The San Clemente Municipal Code is hereby amended as indicated in Exhibit A, attached hereto and incorporated herein by reference.

Section 5. This ordinance takes effect 30 days after its adoption.

Section 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 7. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five working days of the adoption of this ordinance.

Section 8. The custodian of records for this ordinance is the San Clemente city clerk, and the records compromising the administrative record for this ordinance are located at 910 Calle Negocio, San Clemente, CA 92673.
(Continues on next page)
353
APPROVED AND ADOPTED this 20th day of December, 2022.

ATTEST:
_______________________________ __________________________ Laura Campagnolo, City Clerk Chris Duncan, Mayor
354

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, hereby
certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this 20th day of December, 2022. __________________________
Laura Campagnolo, City Clerk

APPROVED AS TO FORM:
__________________________
Scott Smith, City Attorney
355

EXHIBIT A
Amendments to Municipal Code
(follows this page)
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Exhibit A: Code Amendments Page 1
Chapter 16.50 is hereby amended to the San Clemente municipal code to read in its entirety as follows:

Chapter 16.50 – State-mandated Subdivisions.

Section 16.50.010 – Urban Lot Splits.

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Owners.
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. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.

2. 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.

3. 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 parcel map for an urban lot split is approved or denied ministerially, by the director of community development, without discretionary review.

2. 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 357
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Exhibit A: Code Amendments Page 2
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 12 months from the City’s approval of the map.

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. The holdharmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

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. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”) and implementing requirements in this title, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the City’s subdivision regulations, including this section, or any other legal requirement:
(i) 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.
(ii) The City has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) 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.
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Exhibit A: Code Amendments Page 3
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-ofway or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. 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:
(A) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(B) 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.
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Exhibit A: Code Amendments Page 4
(x) Land under conservation easement.
b. The purpose of subpart E.3.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).)
c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.

4. 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.

5. 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. “Any person acting in concert with the owner” here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. No Impact on Protected Housing.
a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households 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 policy power.
(iii) 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.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a above is satisfied.
(i) The sworn statement must state that:
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Exhibit A: Code Amendments Page 5
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. 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.

7. 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.

8. Easements.
a. The owner must enter into an easement agreement with each publicservice 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 and final 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 section D.2 above.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access.
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Exhibit A: Code Amendments Page 6
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

12.5 feet.

10. Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11. Unit Standards.
a. Quantity. 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 section 17.86.010 of this code, an ADU, or a JADU
b. Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be
(A) less than or equal to 800 square feet and
(B) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
c. Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back 362
55452.01400\40838735.2
Exhibit A: Code Amendments Page 7
by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
d. Lot Coverage. Lot coverage on resulting lot may not exceed the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas. e. Urban Open Area.
(i) For purposes of this subsection (E)(11)(e), the term “urban open area” has the same meaning as defined in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area. (ii) If all required urban open area is provided at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
f. Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.10.f(i) above:
(A) 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. (B) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at 363
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least 30 feet from the front property lines. The front setback areas must:
(A) be kept free from all structures greater than three feet high; (B) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) allow for vehicular and fire-safety access to the front structure.
g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split 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 (A) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) 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. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least 9 feet wide by 18 feet long for each vehicle that the garage is designed to hold.
(ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryers, must not encroach into the required parking area.
(iii) The garage must be equipped with an automatic roll-up door 364
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opener.
(iv) Each garage must maintain each required parking space clear and accessible to park at all times.
i. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet must be maintained between all detached structures on a lot, including all dwelling units, garages, and accessory structures.
j. Architecture.
(i) Unit Design Standards
A. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. If there is no legal primary dwelling on the lot before the urban lot split, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are then developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

D. If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance of the new dwelling must be covered with an overhang or roof that is at least 3 feet deep.

F. A pedestrian pathway must be provided to access front doors to all units.
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G. If pedestrian access and drive access are provided via the same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.
k. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any
development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
(B) “Mature tree” means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph
E.11.k(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree. (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under
subparagraph E.11.k.(i)(C) above, owner may pay the
replacement cost of the tree, as determined by the City’s tree-replacement cost schedule.
(ii) Setback Landscaping. In setback areas that are visible from the public right-of-way, all space that is not a walkway, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance.
(iv) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) At least one 15-gallon size plant must be provided for every fifteen linear feet of exterior wall. Alternatively, at least one 24” inch-box size plant must be provided for every
twenty-five linear feet of exterior wall. Plantings required 366
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by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City’s approved plant list. l. Storage Facility. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement. m. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
n. Water Heaters. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit’s interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater, if all building standards are satisfied.
o. Mechanical Equipment, Metering Devices. All roof- and groundmounted mechanical equipment and metering devices must be completely screed from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line. p. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created on either lot. (iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
q. Refuse Storage Areas.
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(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City’s Franchise Waste Hauler (collectively, “trash containers”). (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. (iii) The storage area required for each trash container must be at least 3 feet wide by 3 feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way.
r. Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected. s. Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph E.11.s(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground.
(iv) All easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recorded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easements have been agreed to and recorded.
(v) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
t. Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. 368
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12. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.11. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection. Failure to pay is grounds for denying the application.

13. 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. (iv) No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner 369
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the right to exclusive use of the property for a defined period or periods of time.
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.

14. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on any lot created by urban lot split.
b. No Short-term Rentals. 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.

15. Notice of Construction.
a. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, 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 constructionrelated 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 370
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requirement is purely to promote neighborhood awareness and expectation.

16. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by 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 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:
(i) The lot 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.
(ii) Development on the lot is limited to development of residential units under section 17.86.010 of this code, except as required by state law.

F. 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. 371
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G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
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Chapter 17.86 is hereby amended to the San Clemente municipal code to read in its entirety as follows:

Chapter 17.86 – State-mandated Residential Projects
Section 17.86.010 – Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definitions.

1. 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. Owners.
a. 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 Rev. & Tax Code § 214.15).
b. Any person with a mortgage interest in the lot to be developed with a twounit project under this section must sign the application indicating the person’s consent to the project.

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.
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D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the director of community development, without discretionary review.

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. The holdharmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recoded covenant and deed restriction.

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 a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

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:
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(A) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(B) 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 E.3.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).)
c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.

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.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households 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 policy power.
(iii) 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.
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(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the two-unit application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.5.a above is satisfied.
(i) The sworn statement must state that:
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. 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. Development Standards and Design Criteria. In addition to the standards and criteria set forth in this section, except as otherwise required by state law, an SB 9 two-unit project, including any development on a lot created through an urban lot split, must conform to all applicable objective development standards that are set forth in this code, as well as, any applicable specific plans; a planned unit development ordinance or resolution; or by conditions duly promulgated and adopted by the City.

7. 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 two-unit project under this section, plus any ADU or JADU that must be 376
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allowed under state law and SCMC section 17.28.270 (Accessory Dwelling Units).
b. Unit Size.
(i) The total floor area of each primary dwelling built that is developed under this section must be
(A) less than or equal to 800 square feet and
(B) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project.

The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the twounit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. c. Height Restrictions.
(i) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
d. 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. e. Lot Coverage. A two-unit project may not exceed the maximum lot coverage established in the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. The lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas. 377
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f. Urban Open Area.
(i) For purposes of this subsection (E)(7)(f), the term “urban open area” has the same meaning as provided in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area. (ii) If all required urban open area is provide at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
g. Setback.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.7.f(i) above:
(A) 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. (B) 800 sf; 4-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. (iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 30 feet from the front property lines. The front setback area must:
(A) be kept free from all structures greater than three feet high; (B) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) allow for vehicular and fire-safety access to the front structure.
h. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
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(i) The lot is located within one-half mile walking distance of either (A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) A site that contains
(1) An existing rail or bus rapid transit station,
(2) A ferry terminal served by either a bus or rail transit service, or
(3) 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. i. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least 9 feet wide by 18 feet ling for each vehicle that the garage is designed to hold.
(ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryer, must not encroach into the required parking area.
(iii) The garage must be equipped with an automatic roll-up garage door opener.
(iv) Each garage must maintain all required parking spaces clear and accessible to park at all time.
j. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.
k. Architecture.
(i) Unit Design Standards.

A. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must 379
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match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. If there is no legal primary dwelling on the lot before the two-unit project, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

D. If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance must be covered with an overhang or roof that is at least 3 feet deep.

F. A pedestrian pathway must be provided to access front doors to all units on the lot.

G. If pedestrian access and drive access are provided via same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.
l. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any
development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
(B) “Mature tree” means a tree with a diameter of six inches or more or a height of eight feet or taller.
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(C) A tree may only be removed under subparagraph
E.7.l(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree. (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under
subparagraph E.7.l(i)(C) above, owner may pay the
replacement cost of the tree, as determined by the City’s tree-replacement cost schedule.
(ii) Setback Landscaping. In setback areas visible from the public right-of-way, and all space that is not walkways, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contain in the Landscape Standards in the Zoning Ordinance.
(iv) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) At least one 15-gallon size plant must be provided for every fifteen linear feet of exterior wall. Alternatively, at least one 24” inch-box size plant must be provided for every
twenty-five linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City’s approved plant list. m. Storage Facilities. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement. n. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may 381
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not be located in any required parking area or outside of an enclosed building.
o. Water Heater. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit’s interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater if all building standards are satisfied.
p. Mechanical Equipment, Metering Devices. All roof- and groundmounted mechanical equipment and metering devices must be completely screen from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line. q. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created for any two-unit projects.
(iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
r. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City’s Franchise Waste Hauler (collectively, “trash containers”) (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. (iii) The storage area required for each trash container must be at least 3 feet wide by 3 feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way.
s. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
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t. Utilities.
(i) A primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(ii) All utilities must be underground.
(iii) All easements for the provision of electricity, gas water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recoded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easement have been agreed to and recorded.
(iv) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
u. 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.

8. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
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Exhibit A: Code Amendments Page 28
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.8. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection. Failure to pay is grounds for denying the application.

9. 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.
(i) No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

10. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot. b. No Short-term Rentals. 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.

11. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit 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:
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(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 constructionrelated 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.

12. Deed Restriction. The owner must record a deed restriction, on a form approved by 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 does not undergo 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. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

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, 385
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Exhibit A: Code Amendments Page 30
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.

Section 17.52.020 of the San Clemente municipal code is hereby amended to read in its entirety as follows (adding a new subsection B, renumbering the rest):

Section 17.52.020 – Applicability.

A. The provisions in this section shall apply to all areas designated in the City of San Clemente General Plan Land Use Element as requiring a specific plan, including the following:

1. Properties for which a specific plan has not been prepared, but for which a specific plan is required prior to development in accordance with the City's General Plan; and
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2. Properties for which a specific plan has been prepared and adopted by the City Council, and which are currently designated with the name of their specific plan.

B. Notwithstanding anything else in this code or in a specific plan:

1. Any project proposed in a specific plan under the authority of Government Code section 65852.21 is subject to Chapter 16.50.

2. Any project proposed in a specific plan under the authority of Government Code section 66411.7 is subject to Chapter 17.86.
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PLANNING COMMISSION ORDINANCE CHANGES
Section PC Change Requested Completed
1 17.86.010 two unit project section E
(Requirements), g (Setbacks), iii (Front
Setback Area)
Change 25 to 30 feet from the front
property line to match the 16.50 (front
setback)
Yes
2 16.50 urban lot split, k.(Landscaping), i
(tree removal) and 17.86 landscaping
Combined trunk diameter Yes
3 Utilities (both sections) Urban lot split – each lot has to have their own connections.

Two unit projects - Page 25 (t.i.) – striking
that section, i and ii.

Yes
ATTACHMENT 2
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Chapter 16.50 is hereby amended to the San Clemente municipal code to read in its entirety as follows:

Chapter 16.50 – State-mandated Subdivisions.

Section 16.50.010 – Urban lot splitsLot Splits.

A. A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code §section 66411.7.

B. B. Definition. An "“urban lot split"” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. C. Application.

1. 1. Owners.
a. 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'sperson’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. b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person'sperson’s consent to the project.

2. 2. An application for an urban lot split must be submitted on the City'sCity’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.

3. 3. 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 Citycity council may establish and change the fee by resolution. The fee must be paid with the application.

D. D. Approval.

1. 1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the director of community development, without discretionary review.

2. 2. 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

FOR REFERENCE ONLY
ATTACHMENT 3
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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 12 months afterfrom the City’s approval of the map.

3. 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. The hold- harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

4. 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 Codecode.

E. E. Requirements. An urban lot split must satisfy each of the following requirements:

1. 1. Map Act Compliance.
a. a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (GovernmentGov. Code § 66410 et. seq., "“SMA"”) and implementing requirements in this title, except as otherwise expressly provided in this section.
b. b. If an urban lot split violates any part of the SMA, the City'sCity’s subdivision regulations, including this section, or any other legal requirement:
(i) (i) 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.
(ii) (ii) The City has all the remedies available to it under the SMA, including, but not limited to, the following:
(A) (A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) (B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) (C) 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) (D) Record a notice of violation.
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(E) (E) Withhold any or all future permits and approvals. c. 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.

2. 2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. 3. Lot Location.
a. a. The lot to be split is not located on a site that is any of the following:
(i) (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) (ii) A wetland.
(iii) (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) (iv) A hazardous waste site that has not been cleared for residential use.
(v) (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) (vi) Within a 100-year flood hazard area, unless the site has either:
(A) (A) Beenbeen subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency
and issued to the local jurisdiction, or
(B) (B) Meetsmeets Federal Emergency Management
Agency requirements necessary to meet minimum flood
plain management criteria of the National Flood Insurance Program.
(vii) (vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
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(viii) (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) (ix) Habitat for protected species.
(x) (x) Land under conservation easement.
b. b. The purpose of subpart E.3.a aboveE.3.a above is merely to summarize the requirements of Government Code §section
65913.4(a)(6)(B)—–(K). (See GovernmentGov. Code § 66411.7(a)(3)(C).) c. c. The applicant must provide evidence that the requirements of Government Code §section 65913.4(a)(6)(B)—–(K) are satisfied.

4. 4. 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 cityCity or county landmark or as a historic property or district.

5. 5. No Prior Urban Lot Split.
a. a. The lot to be split was not established through a prior urban lot split.
b. 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. "“Any person acting in concert with the owner"” here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. 6. No Impact on Protected Housing.
a. a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) (i) Housing that is income-restricted for households of moderate, low, or very low income.
(ii) (ii) Housing that is subject to any form of rent or price control through a public entity'sentity’s valid exercise of its policy power. (iii) (iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GovernmentGov.

Code §§ 7060-7060.77060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
392
(iv) (iv) Housing that has been occupied by a tenant in the last three years.
b. b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a aboveE.6.a above is satisfied. (i) (i) The sworn statement must state that:
(A) (A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) (B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) (C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) (D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. c. 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.

7. 7. Lot Size.
a. a. The lot to be split must be at least 2,400 square feet. b. b. The resulting lots must each be at least 1,200 square feet. c. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

8. 8. Easements.
a. 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. b. Each easement must be shown on the tentative parcel map and final map.
393
c. 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 section D.2 aboveD.2 above.
d. d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

9. 9. Lot Access.
a. a. Each resulting lot must adjoin the public right-of-wayright of way. b. b. Each resulting lot must have frontage on the public right-of-wayright of way of at least 12.5 feet.

10. Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11. 10. Unit Standards.
a. a. Quantity. 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 Sectionsection 17.86.010 of this Codecode, an ADU, or a JADU;
b. b. Unit Size.
(i) (i) The total floor area of each primary dwelling that is developed on a resulting lot must be:
(A) (A) Lessless than or equal to 800 square feet; and
(B) (B) Moremore than 500 square feet.
(ii) (ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) (iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
394
c. c. Height Restrictions.
(i) (i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) (ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepbacksetback.
(iii) (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. d. d. Lot Coverage. Lot coverage on resulting lot may not exceed 50 percent of the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.
e. Urban Open Area.
(i) For purposes of this subsection (E)(11)(e), the term “urban open area” has the same meaning as defined in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area. (ii) If all required urban open area is provided at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
e. Open Space. A minimum of 50 percent of the lot must be maintained as open space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. f. f. Setbacks.
(i) (i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) (ii) Exceptions. Notwithstanding subpart E.10.f(i) aboveE.10.f(i) above:
395
(A) (A) 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. (B) (B) 800 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) (iii) Front Setback Area. Notwithstanding any other part of this Codecode, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines. The front setback areas must:
(A) (A) Bebe kept free from all structures greater than three feet high;
(B) (B) Bebe at least 50 percent landscaped with droughttolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) (C) Allowallow for vehicular and fire-safety access to the front structure.
g. g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) (i) The lot is located within one-half mile walking distance of either:
(A) (A) Aa corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) (B) Aa site that contains:
(1) (1) Anan existing rail or bus rapid transit
station.,
(2) (2) Aa ferry terminal served by either a bus or
rail transit service, or
396
(3) (3) Thethe 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) (ii) The site is located within one block of a car-share vehicle location.
h. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least 9 feet wide by 18 feet long for each vehicle that the garage is designed to hold.
(ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryers, must not encroach into the required parking area.
(iii) The garage must be equipped with an automatic roll-up door opener.
(iv) Each garage must maintain each required parking space clear and accessible to park at all times.
i. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet must be maintained between all detached structures on a lot, including all dwelling units, garages, and accessory structures.
j. h. Architecture.
(i) Unit Design Standards
A. (i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. (ii) If there is no legal primary dwelling on the lot before the urban lot split, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are then developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. 397
C. (iii) All exterior lighting must be limited to down-lightsenergyefficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.
(iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

D. (v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way lineIf any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance of the new dwelling must be covered with an overhang or roof that is at least 3 feet deep.

F. A pedestrian pathway must be provided to access front doors to all units.

G. If pedestrian access and drive access are provided via the same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.
k. i. Landscaping.
(i) (i) Tree Removal.
(A) (A) No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
(B) (B) "“Mature tree"” means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) (C) A tree may only be removed under subparagraph
E.10.i(i)(A) aboveE.11.k(i)(A) above if it is replaced with at least two mature trees of the same type and with a
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combined trunk diameter that is the same or larger than that of the removed tree.
(D) (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.10.i(i)(C) aboveE.11.k.(i)(C) above, owner may pay the replacement cost of the tree, as
determined by the City'sCity’s tree-replacement cost
schedule.
(ii) Setback Landscaping. In setback areas that are visible from the public right-of-way, all space that is not a walkway, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance.
(iv) (ii) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-wayrights of way) as follows:
(A) (A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) (B) At least one 15-gallon size plant shallmust be
provided for every fivefifteen linear feet of exterior wall.

Alternatively, at least one 24-inch box” inch-box size plant shallmust be provided for every tentwenty-five linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) (C) Plant specimensTrees must be at least six feet tall when installed. As an alternative, a solid fence of at least six6 feet in height may be installed.
(D) (D) All landscaping must be drought-tolerant.
(E) (E) All landscaping must be from the City'sCity’s
approved plant list.
l. Storage Facility. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement. m. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may 399
not be located in any required parking area or outside of an enclosed building.
n. Water Heaters. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit’s interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater, if all building standards are satisfied.
o. Mechanical Equipment, Metering Devices. All roof- and groundmounted mechanical equipment and metering devices must be completely screed from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line. p. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created on either lot. (iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
q. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City’s Franchise Waste Hauler (collectively, “trash containers”). (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. (iii) The storage area required for each trash container must be at least 3 feet wide by 3 feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way.
r. j. Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected. 400
s. k. Utilities.
(i) (i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (ii) (ii) Notwithstanding paragraph E.10.k(i) aboveE.11.s(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City'sCity’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) (iii) All utilities must be underground.
(iv) All easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recorded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easements have been agreed to and recorded.
(v) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
t. l. Building and& Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

12. 11. Fire-Hazard Mitigation Measures.
a. a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) (i) It must have direct access to a public right-of-wayright of way with a paved street with a width of at least 40 feet. The public right-of-wayright of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
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(iii) (iii) All enclosed structures on the site must have fire sprinklers. (iv) (iv) All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public right-of-wayright of way or of an onsite fire hydrant or standpipe.
(v) (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fireauthority approved hookups compatible with fire-authority standard pump and hose equipment.
b. b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable firehazard mitigation measures in accordance with this subpart E.11E.11. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City'sCity’s costs for inspection. Failure to pay is grounds for denying the application.

13. 12. Separate Conveyance.
a. a. Within a resulting lot.
(i) (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) (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) (iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (iv) (iv) No timeshare, as defined by state law or this Codecode, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
b. 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.
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14. 13. Regulation of Uses.
a. a. Residential-only. No nonresidentialnon-residential use is permitted on any lot created by urban lot split.
b. b. No Short-term Rentals. 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. 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.

15. 14. Notice of Construction.
a. a. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, 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) (i) Notice that construction has been authorized,
(ii) (ii) The anticipated start and end dates for construction, (iii) (iii) The hours of construction,
(iv) (iv) Contact information for the project manager (for construction-related complaints), and
(v) (v) Contact information for the Building and& Safety Department.
b. 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.

16. 15. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:
a. a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. b. Expressly prohibits any nonresidentialnon-residential use of the lots created by the urban lot split.
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c. 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. d. States that:
(i) (i) The lot is formed by an urban lot split and is therefore subject to the City'sCity’s urban lot-split regulations, including all applicable limits on dwelling size and development.
(ii) (ii) Development on the lot is limited to development of residential units under Sectionsection 17.86.010 of this Codecode, except as required by state law.

F. F. Specific Adverse Impacts.

1. 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. 2. "“Specific adverse impact"” has the same meaning as in GovernmentGov.

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. 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. G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
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Chapter 17.86 is hereby amended to the San Clemente municipal code to read in its entirety as follows:

Chapter 17.86 – State-mandated Residential Projects
Section 17.86.010 – Two-unit projects.Projects
A. A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code §section 65852.21.

B. Definitions.

1. 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. C. Application.

1. 1. Owners.
a. a. 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'sperson’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 RevenueRev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by RevenueRev. & Tax Code § 214.15). b. b. Any person with a mortgage interest in the lot to be developed with a two-unit project under this section must sign the application indicating the person'sperson’s consent to the project.

2. 2. An application for a two-unit project must be submitted on the city'sCity’s approved form.

3. 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. 4. Only a complete application will be considered. The cityCity will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. 5. The cityCity may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The cityCity council may establish and change the fee by resolution. The fee must be paid with the application.
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D. D. Approval.

1. 1. An application for a two-unit project is approved or denied ministerially, by the director of community development, without discretionary review.

2. 2. The ministerial approval of a two-unit project does not take effect until the cityCity has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. 3. The approval must require the owner and applicant to hold the cityCity harmless from all claims and damages related to the approval and its subject matter. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recoded covenant and deed restriction.

4. 4. The approval must require the owner and applicant to reimburse the cityCity for all costs of enforcement, including attorneys'’ fees and costs associated with enforcing the requirements of this Codecode.

E. E. Requirements. A two-unit project must satisfy each of the following requirements:

1. 1. Map Act Compliance. The lot must have been legally subdivided.

2. 2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. 3. Lot Location.
a. a. The lot is not located on a site that is any of the following:
(i) (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) (ii) A wetland.
(iii) (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) (iv) A hazardous waste site that has not been cleared for residential use.
(v) (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
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(vi) (vi) Within a 100-year flood hazard area, unless the site has either:
(A) (A) Beenbeen subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency
and issued to the local jurisdiction, or
(B) (B) Meetsmeets Federal Emergency Management
Agency requirements necessary to meet minimum flood
plain management criteria of the National Flood Insurance Program.
(vii) (vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) (ix) Habitat for protected species.
(x) (x) Land under conservation easement.
b. b. The purpose of subpart E.3.a aboveE.3.a above is merely to summarize the requirements of Government Code §section
65913.4(a)(6)(B)—–(K). (See GovernmentGov. Code § 66411.7(a)(3)(C).) c. c. The applicant must provide evidence that the requirements of Government Code §section 65913.4(a)(6)(B)—–(K) are satisfied.

4. 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 cityCity or county landmark or as a historic property or district.

5. 5. No Impact on Protected Housing.
a. a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(i) (i) Housing that is income-restricted for households of moderate, low, or very low income.
(ii) (ii) Housing that is subject to any form of rent or price control through a public entity'sentity’s valid exercise of its policy power. (iii) (iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GovernmentGov. 407
Code §§ 7060—7060.77060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) (iv) Housing that has been occupied by a tenant in the last three years.
b. b. As part of the urban lot splittwo-unit application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.5.a aboveE.5.a above is satisfied. (i) (i) The sworn statement must state that:
(A) (A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) (B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) (C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) (D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. c. The cityCity 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 cityCity may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Development Standards and Design Criteria. In addition to the standards and criteria set forth in this section, except as otherwise required by state law, an SB 9 two-unit project, including any development on a lot created through an urban lot split, must conform to all applicable objective development standards that are set forth in this code, as well as, any applicable specific plans; a planned unit development ordinance or resolution; or by conditions duly promulgated and adopted by the City.

7. 6. Unit Standards.
a. a. Quantity.
(i) (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 408
limited to, a primary dwelling unit, a unit created under this section of this Codecode, an ADU, or a JADU.
(ii) (ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinanceSCMC section 17.28.270 (Accessory Dwelling Units).
b. b. Unit Size.
(i) (i) The total floor area of each primary dwelling built that is developed under this section must be:
(A) (A) Lessless than or equal to 800 square feet; and
(B) (B) Moremore than 500 square feet.
(ii) (ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
(iii) (iii) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. c. c. Height Restrictions.
(i) (i) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) (ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepbacksetback.
(iii) (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. d. d. 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.
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e. e. Lot Coverage. Lot coverageA two-unit project may not exceed 50 percent of the maximum lot coverage established in the underlying zone.

This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. The lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.
f. Open Space. At least 50 percent of the lot must be maintained as open space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
g. Setbacks.
f. Urban Open Area.
(i) For purposes of this subsection (E)(7)(f), the term “urban open area” has the same meaning as provided in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area. (ii) If all required urban open area is provide at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
g. Setback.
(i) (i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) (ii) Exceptions. Notwithstanding subpart E.6.g(i) aboveE.7.f(i) above:
(A) (A) 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. (B) (B) Eight Hundred Square Foot; four-foot800 sf; 4-foot side and rear. The setbacks imposed by the underlying zone
must yield to the degree necessary to avoid physically
precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
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(iii) (iii) Front Setback Area. Notwithstanding any other part of this Codecode, dwellings that are constructed under this section must be at least 2530 feet from the front property lines. The front setback area must:
(A) (A) Bebe kept free from all structures greater than three feet high;
(B) (B) Bebe at least 50 percent landscaped with droughttolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) (C) Allowallow for vehicular and fire-safety access to the front structure.
h. h. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) (i) The lot is located within one-half mile walking distance of either:
(A) (A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) (B) A site that contains
(1) (1) An existing rail or bus rapid transit station,
(2) (2) A ferry terminal served by either a bus or
rail transit service, or
(3) (3) 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) (ii) The site is located within one block of a car-share vehicle location.
i. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least 9 feet wide by 18 feet ling for each vehicle that the garage is designed to hold.
(ii) Storage cabinets or mechanical equipment, including, but not 411
limited to water heaters, utility sinks, or washer and dryer, must not encroach into the required parking area.
(iii) The garage must be equipped with an automatic roll-up garage door opener.
(iv) Each garage must maintain all required parking spaces clear and accessible to park at all time.
j. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.
k. i. Architecture.
(i) Unit Design Standards.

A. (i) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. (ii) If there is no legal primary dwelling on the lot before the two-unit project, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. (iii) All exterior lighting must be limited to down-lights energyefficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.
(iv) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

D. (v) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way lineallowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway 412
that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance must be covered with an overhang or roof that is at least 3 feet deep.

F. A pedestrian pathway must be provided to access front doors to all units on the lot.

G. If pedestrian access and drive access are provided via same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.
l. j. Landscaping.
(i) (i) Tree Removal.
(A) (A) No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
(B) (B) "“Mature tree"” means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) (C) A tree may only be removed under subparagraph
E.6.j(i)(A) aboveE.7.l(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined
trunk diameter that is the same or larger than that of the removed tree.
(D) (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.6.j(i)(C) aboveE.7.l(i)(C) above, owner may pay the replacement cost of the tree, as determined by the city'sCity’s tree-replacement cost schedule.
(ii) Setback Landscaping. In setback areas visible from the public right-of-way, and all space that is not walkways, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contain in the Landscape Standards in the Zoning Ordinance.
(iv) (ii) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-wayrights of way) as follows:
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(A) (A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) (B) At least one 15-gallon size plant shallmust be
provided for every fivefifteen linear feet of exterior wall.

Alternatively, at least one 24-inch box” inch-box size plant shallmust be provided for every tentwenty-five linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) (C) Plant specimensTrees must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(D) (D) All landscaping must be drought-tolerant.
(E) (E) All landscaping must be from the city'sCity’s
approved plant list.
m. Storage Facilities. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement. n. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
o. Water Heater. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit’s interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater if all building standards are satisfied.
p. Mechanical Equipment, Metering Devices. All roof- and groundmounted mechanical equipment and metering devices must be completely screen from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line. 414
q. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created for any two-unit projects.
(iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
r. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City’s Franchise Waste Hauler (collectively, “trash containers”) (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. (iii) The storage area required for each trash container must be at least 3 feet wide by 3 feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way.
s. k. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected. t. l. Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(i) (ii) Notwithstanding paragraph E.6.1(i) above, aA primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city'sCity’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten10 years.
(ii) (iii) All utilities must be underground.
(iii) All easements for the provision of electricity, gas water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recoded. The City may condition 415
approval of the tentative parcel map under this section on the applicant providing evidence that such easement have been agreed to and recorded.
(iv) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
u. m. Building and& 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'sCity’s current code.

8. 7. Fire-Hazard Mitigation Measures.
a. a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) (i) It must have direct access to a public right-of-wayright of way with a paved street with a width of at least 40 feet. The public right-of-wayright of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) (iii) All enclosed structures on the site must have fire sprinklers. (iv) (iv) All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public right-of-wayright of way or of an onsite fire hydrant or standpipe.
(v) (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fireauthority approved hookups compatible with fire-authority standard pump and hose equipment.
b. b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable firehazard mitigation measures in accordance with this subpart E.7E.8. The cityCity or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city'sCity’s costs for inspection. Failure to pay is grounds for denying the application. 416

9. 8. Separate Conveyance.
a. a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(i) (i) No timeshare, as defined by state law or this Codecode, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

10. 9. Regulation of Uses.
a. a. Residential-only. No nonresidentialnon-residential use is permitted on the lot.
b. b. No Short-term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
c. 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.

11. 10. Notice of Construction.
a. 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) (i) Notice that construction has been authorized,
(ii) (ii) The anticipated start and end dates for construction. , (iii) (iii) The hours of construction,
(iv) (iv) Contact information for the project manager (for construction-related complaints), and
(v) (v) Contact information for the Building and& Safety Department.
417
b. 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.

12. 11. Deed Restriction. The owner must record a deed restriction, on a form approved by the cityCity, that does each of the following:
a. a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. b. Expressly prohibits any nonresidentialnon-residential use of the lot. c. 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. d. If the lot does not undergo 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. e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

F. F. Specific Adverse Impacts.

1. 1. Notwithstanding anything else in this section, the cityCity 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. 2. "“Specific adverse impact"” has the same meaning as in GovernmentGov.

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. 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. G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
418
H. H. Remedies.

If a two-unit project violates any part of this Codecode or any other legal requirement:

1. 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. 2. The cityCity may:
a. a. Bring an action to enjoin any attempt to sell, lease, or finance the property.
b. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.0010,000, or both; or a misdemeanor.
d. d. Record a notice of violation.
e. e. Withhold any or all future permits and approvals. f. f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city'sCity’s code.

Section 17.52.020 of the San Clemente municipal code is hereby amended to read in its entirety as follows (adding a new subsection B, renumbering the rest):

Section 17.52.020 – Applicability.

A. The provisions in this section shall apply to all areas designated in the City of San Clemente General Plan Land Use Element as requiring a specific plan, including the following:

1. Properties for which a specific plan has not been prepared, but for which a specific plan is required prior to development in accordance with the City's General Plan; and

2. Properties for which a specific plan has been prepared and adopted by the City Council, and which are currently designated with the name of their specific plan.

B. Notwithstanding anything else in this code or in a specific plan:

1. Any project proposed in a specific plan under the authority of Government Code section 65852.21 is subject to Chapter 16.50.

2. Any project proposed in a specific plan under the authority of Government Code section 66411.7 is subject to Chapter 17.86.
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Summary report:

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STAFF REPORT

SAN CLEMENTE PLANNING COMMISSION
Date: November 16, 2022
PLANNER: Sara Toma, AICP, Senior Planner
SUBJECT: Zoning Amendment 22-395: A request for the Planning Commission to consider recommending that the City Council adopt an ordinance to amend Chapter 16.50 (State-mandated Subdivisions) and Chapter 17.86 (State-mandated Residential Projects) to the San Clemente Municipal Code to establish objective design, development and subdivision standards regulating urban lot split and two-unit projects in accordance with California Senate Bill 9; and determining the action to be exempt from the California Environmental Quality Act (CEQA).

REQUIRED FINDINGS
The San Clemente Municipal Code (“SCMC”) contains two required findings for zoning code amendments, which are: (1) the proposed amendment is consistent with the General Plan; and (2) the proposed amendment will not adversely affect the public health, safety, and welfare (SCMC, § 17.16.040(F)(1)(a)-(b)). The attached ordinance and resolution (Attachment 1) provides an assessment of the project compliance with these findings.

BACKGROUND
The California legislature passed, and Governor Newsom signed into law, Senate Bill 9 (SB 9), which went into effect on January 1, 2022. SB 9 requires cities to: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 square feet and (2) allow any lot in a single-family residential zone to be developed with up to two primary dwellings. SB 9 requires cities to approve eligible lot splits and two-unit projects ministerially (i.e., without discretionary review, conditions, or a hearing). Eligible property owners can utilize both SB 9’s provisions, meaning that an SB 9 lot split may be followed with an SB 9 two-unit project on each of the two new lots, resulting in four total dwellings on what was formerly one single-family residential lot – all with only ministerial approval.

SB 9 imposed new limits on local authority to regulate urban lot splits and two-unit projects. The approval of urban lot splits and two-unit projects based solely on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would negatively impact the character of existing neighborhoods and property values, personal privacy, and fire safety. The City Council desired to amend its local regulatory scheme to comply with Government Code section 66411.7 and 65852.21 to appropriately regulate ATTACHMENT 4
AGENDA ITEM: 8-B
421
Zoning Amendment 22-395 Page 2
project under SB 9. On December 7, 2021, the City Council adopted Urgency Ordinance No. 1723.
1 Part of this effort will be to replace the Urgency Ordinance and adopt Chapter 16.50 (State-mandated Subdivisions) and Chapter 17.86 (State-mandated Residential Projects) to the San Clemente Municipal Code; and to establish additional objective design, development, and subdivision standards to further regulate urban lot splits and two-unit projects, within the legal parameters of SB 9. The Ordinance includes regulations governing minimum lot size, required easements, lot access, unit size, maximum height, minimum setbacks, architecture, landscaping, and fire safety. In the absence of this proposed ordinance, the City would thereafter be limited to applying the Code’s existing objective development standards — which did not anticipate ministerially-approved lot splits and two-unit projects. Existing objective development standards vary by zone, but are generally limited to minimum lot area, maximum building height, minimum setbacks, and required parking, most of which are superseded by SB 9 state-imposed imposed standards.

Approving such projects based solely on the Code’s existing standards would, among other things, negatively affect the character of existing neighborhoods and property values, personal privacy, and fire safety.

State law and SCMC section 17.16.040(B) require the Planning Commission to review and make a recommendation to the City Council on proposed zoning code amendments. For the reasons provided below, staffs’ recommendation is for the Planning Commission to recommend that the City Council adopt the attached ordinance. An overview of the ordinance is provided in the following section.

DESCRIPTION & ANALYSIS
Chapter 16.50.010 – Urban Lot Splits
Urban Lot Splits (Gov. Code § 66411.7 et seq.) requires a local agency to ministerially approve a parcel map for an urban lot split that meets SB 9 specific requirements. An “urban lot split” is the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of the Government Code referenced above. The requirements are, but not limited to, Map Act compliance, location in a single-family zone, lot configuration, not historic, not impacting on protected housing, lot access, etc.

Chapter 17.86.010 – Two-Unit Projects
Two-unit projects (Gov. Code § 65852.21 et seq.) require a local agency to ministerially approve proposed two residential units within a single-family zone, without discretionary review or a hearing, if the proposed two-unit project meets all the requirements set forth by Government code referenced above. 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
1 December 7, 2021, City Council Agenda available at the following location:

CITY OF SAN CLEMENTE (san-clemente.org)
422
Zoning Amendment 22-395 Page 3
development of a second primary dwelling on a legally subdivided lot in accordance with the requirements of the Government Code.

Analysis
Senate Bill 9, allows local agencies to impose objective zoning, subdivision, and design standards (collectively “objective development standards and design criteria”) on urban lot splits (with proposed primary units) and two-unit projects. An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g. a specific height limit).

The proposed ordinance establishes such standards for SB 9 projects in the City as well as provisions for applying for the required permits.

The proposed ordinance codifies the standards contained in the December 7, 2021 Urgency Ordinance (Attachment 3) and establishes additional objective design and development standards. Staff provides a redline draft showing the changes proposed in this ordinance (Attachment 2). Summary of the significant changes are provided below:

Chapter 16.50 (State-mandated Subdivisions)
Urban Lot split projects
• An extended tentative parcel map expiration date of 12 months from the City’s approval of the map. The Urgency ordinance provided for a 3 months expiration of the tentative parcel map, which was not practical to meet this requirement. • To ensure uniformity with the character of existing neighborhoods the following design and development standards were added to the ordinance: 1) lot coverage to match underlying zone, 2) urban open area providing recreational space for new primary dwellings, 3) garage standards for covered or enclosed parking, 4) building separation of 10 feet minimum (except as otherwise allowed by state law), 5) architecture, 6) landscaping, 7) storage facilities, 8) laundry facilities, 9) water heaters, and mechanical equipment and metering devices, 10) access and circulation, 11) refuse storage areas.

Chapter 17.86 (State-mandated Residential projects)
Two-unit Projects
• The same standards proposed in Chapter 16.50 were included for the two-unit project to ensure uniformity with the character of existing neighborhoods. The following design and development standards were added to the ordinance: 1) lot coverage to match underlying zone, 2) urban open area providing recreational space for new primary dwellings, 3) garage standards for covered or enclosed parking, 4) building separation of 10 feet minimum (except as otherwise allowed by state law), 5) architecture, 6) landscaping, 7) storage facilities, 8) laundry facilities, 9) water heaters, and mechanical equipment and metering devices, 10) access and circulation, 11) refuse storage areas.
423
Zoning Amendment 22-395 Page 4
Noticing
Public notices for these ordinances were distributed and posted per City and State requirements. Staff has not received any public comments on these items todate.

Design Review Subcommittee Review
The Design Review Subcommittee (DRSC) reviewed the proposed objective design standards at their September 28, 2022, and October 26, 2022 meetings. The DRSC recommended modifications to various portions of staff's proposed ordinance. Staff incorporated the DRSC's recommendations into the draft attached to this report. DRSC was supportive of including additional objective standards to ensure projects utilizing the provisions of SB 9 maintained compatibility with the scale of surrounding single-family development, and recommended the proposed ordinance be forwarded to the Planning Commission.

ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the laws enacted by SB 9.

Moreover, amendments to Chapter 16.50 are exempt from CEQA review.

CEQA Guidelines §15315 (Class 15, Minor Land Divisions) of Title 14 of the California Code of Regulations applies to projects that consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels, which the State has determined to be a class of projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class description specified above because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot are in a residential zone.

The Zoning Code Amendments to Chapter 17.86 are also exempt from CEQA under Guidelines §15303 (Class 3, New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations, which applies to projects that consist of construction and location of limited numbers of new small structures and the conversion of existing small structures from one use to another, including the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units, which the State has determined to be a class of projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class described above because the ordinance regulates the construction 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, in a residential zone.
424
Zoning Amendment 22-395 Page 5
ALTERNATIVES;
The Planning Commission may take any of the following actions:

1. Recommend City Council approval of the proposed ordinance;

2. Recommend City Council approval of the proposed ordinance with changes; or

3. Recommend City Council deny the proposed ordinance. If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution to be prepared.

RECOMMENDATION
Staff recommends that the Planning Commission:

Adopt the resolution provided in Attachments 1, which:

1. Determine the project is exempt from CEQA, based on the findings set forth herein, and

2. Recommend that the City Council adopt an ordinance to amend Chapter

16.50 (State-mandated Subdivisions) and Chapter 17.86 (State-mandated Residential Projects) to the San Clemente Municipal Code to establish objective design, development and subdivision standards regulating urban lot split and two-unit projects in accordance with California Senate Bill 9; and
ATTACHMENTS:

1. Resolution No. PC 22-032 for the Urban Lot Split and Two-Unit Projects - Exhibit “A”- Urban Lot Split and Two-Unit Projects Ordinance

2. Redline version of Attachment 1, Exhibit “A”

3. Urgency Ordinance No. 1723, adopted December 7, 2021 425
RESOLUTION NO. PC 22-032

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING CHAPTER 16.50 AND CHAPTER 17.86 TO

ESTABLISH OBJECTIVE DESIGN, DEVELOPMENT AND

SUBDIVISION STANDARDS REGULATING URBAN LOT

SPLIT AND TWO-UNIT PROJECTS IN ACCORDANCE WITH
CALIFORNIA SENATE BILL 9; AND DETERMINING THE

ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, Government Code § 66411.7 et seq. for Urban Lot Splits requires a local agency to ministerially approve a parcel map for an urban lot split that meets SB 9 specific requirements. Urban lot split means the subdivision of an exciting, legally subdivided lot into two lots in accordance with the requirements of the Government Code referenced above.

The requirements are, but not limited to, Map Act compliance, single-family zone, lot location, not historic, no impact on protected housing, lot access, etc.; and WHEREAS, Government Code § 65852.21 et seq.) requires a local agency to ministerially approve a proposed two residential units within a single-family zone, without discretionary review or a hearing, if the proposed two-unit projects meets all the requirements set forth by Government code referenced above. 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 on a legally subdivided lot in accordance with the requirements of the Government Code; and WHEREAS, the ordinance (“Ordinance”) attached as Exhibit “A” amends SCMC section 16.50 and 17.68 to comply with state law adopted in 2022; and WHEREAS, on November 16, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

NOW, THEREFORE, the Planning Commission of the City of San Clemente does hereby resolve as follows:

SECTION 1. Incorporation of Recitals. The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.

SECTION 2. CEQA. The Planning Commission finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of ATTACHMENT 1
426
Resolution No. PC 22-032 Page 2
an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the laws enacted by SB 9.

Moreover, amendments to Chapter 16.50 are exempt from CEQA review. CEQA Guidelines §15315 (Class 15, Minor Land Divisions) of Title 14 of the California Code of Regulations applies to projects that consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels, which the State has determined to be a class of projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class description specified above because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot are in a residential zone.

The Zoning Code Amendments to Chapter 17.86 are also exempt from CEQA under Guidelines §15303 (Class 3, New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations, which applies to projects that consist of construction and location of limited numbers of new small structures and the conversion of existing small structures from one use to another, including the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units, which the State has determined to be a class of projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class described above because the ordinance regulates the construction 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, in a residential zone.

SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the Planning Commission hereby makes the following findings:

1. General Plan. This Ordinance amendment to San Clemente Municipal Code section 16.50 and 17.68 are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.03 provides that the City should maintain neighborhood character by maintaining elements of residential street that unify and enhance the character of neighborhoods, including parkways, street trees, and compatible setbacks. This Ordinance is consistent with—and effectuates—Policy LU-1.04 by ensuring that qualifying properties under SB 9 projects are providing site designs to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code, and in consideration of the following: a) varied and distinct building elevations, facades, and masses (avoiding undifferentiated "box-like" structures); b) building scale and massing that is compatible with existing development; c) use of extensive site landscaping to complement the architectural designs of structures; d) reduced area and width of paving in front yards for driveway and garage access; and e) location and design of garages so that they do not dominate the appearance of the dwelling from the street. Collectively, 427
Resolution No. PC 22-032 Page 3
this will facilitate housing projects with a variety of housing types, styles and densities in the City. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of Programs from the City’s Sixth Cycle Housing Element.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing the instances where the City must allow the ministerial approval of qualifying urban lot splits and two unit projects as required by state law. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare.

For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

SECTION 4. Recommendation. Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente Planning Commission hereby recommends that the City Council approve and adopt the proposed ordinance and code amendments attached as Exhibit “A” hereto and incorporated herein by reference.

SECTION 5. Certification. The Planning Commission Chair shall sign and the Secretary shall attest to the adoption of this Resolution.

SECTION 6. Effective Date. This Resolution takes effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on November 16, 2022.
___________________________________
Chair
CERTIFICATION:

I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on November 16, 2022, carried by the following roll call vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:
428
Resolution No. PC 22-032 Page 4
_______________________________________
Secretary of the Planning Commission

429
Resolution No. PC 22-032 EXHIBIT A
Proposed Ordinance
Urban Lot Split and Two-unit Projects
430
55452.01400\40832837.2
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE AMENDING CHAPTERS 16.50 AND 17.86
AND AMENDING SECTION 17.52.020 TO THE SAN

CLEMENTE MUNICIPAL CODE TO REGULATE URBAN
LOT SPLITS AND TWO-UNIT PROJECTS UNDER SB 9;

AND FINDING THE ACTION TO BE EXEMPT FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective zoning, subdivision, and design review standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city regulation; and
WHEREAS, the City desired to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, on December 7, 2021, the City Council Adopted Urgency Ordinance No. 1723, to establish appropriate objective standards for urban lot splits and two-unit projects under SB 9; and
WHEREAS, the City desires to amend its regulations of urban lot splits and twounit projects to better meet the needs of the City while maintaining compliance with SB 9; and
WHEREAS, on November 3, 2022 the City gave public notice of a Planning Commission public hearing to be held to consider this ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on November 16, 2022, the Planning Commission conducted a dulynoticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning

EXHIBIT A
431
55452.01400\40832837.2
Commission voted to forward the Ordinance to the City Council with the Commission’s recommendation; and
WHEREAS, on [insert date], the City gave public notice of a City Council public hearing to be held to consider this ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on [insert date], the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the laws enacted by SB 9.

Moreover, amendments to Chapter 16.50 are exempt from CEQA review. CEQA Guidelines §15315 (Class 15, Minor Land Divisions) of Title 14 of the California Code of Regulations applies to projects that consist of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels, which the State has determined to be a class of projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class description specified above because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot are in a residential zone.

The Zoning Code Amendments to Chapter 17.86 are also exempt from CEQA under Guidelines §15303 (Class 3, New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations, which applies to projects that consist of construction and location of limited numbers of new small structures and the conversion of existing small structures from one use to another, including the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four dwelling units, which the State has determined to be a class of 432
55452.01400\40832837.2
projects that will not have a significant effect on the environment. Here, the ordinance is consistent with the exemption class described above because the ordinance regulates the construction 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, in a residential zone.

Section 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the Planning Commission hereby makes the following findings:

1. General Plan. This Ordinance amendment to San Clemente Municipal Code section 16.50 and 17.68 are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.03 provides that the City should maintain neighborhood character by maintaining elements of residential street that unify and enhance the character of neighborhoods, including parkways, street trees, and compatible setbacks. This Ordinance is consistent with—and effectuates—Policy LU-1.04 by ensuring that qualifying properties under SB 9 projects are providing site designs to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code, and in consideration of the following: a) varied and distinct building elevations, facades, and masses (avoiding undifferentiated "box-like" structures); b) building scale and massing that is compatible with existing development; c) use of extensive site landscaping to complement the architectural designs of structures; d) reduced area and width of paving in front yards for driveway and garage access; and e) location and design of garages so that they do not dominate the appearance of the dwelling from the street. Collectively, this will facilitate housing projects with a variety of housing types, styles and densities in the City. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of Programs from the City’s Sixth Cycle Housing Element.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing the instances where the City must allow the ministerial approval of qualifying urban lot splits and two unit projects as required by state law. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare.

For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.
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Section 4. The San Clemente Municipal Code is hereby amended as indicated in Exhibit A, attached hereto and incorporated herein by reference.

Section 5. This ordinance takes effect 30 days after its adoption.

Section 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 7. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five working days of the adoption of this ordinance.

Section 8. The custodian of records for this ordinance is the San Clemente city clerk, and the records compromising the administrative record for this ordinance are located at 910 Calle Negocio, San Clemente, CA 92673.
(Continues on next page)
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APPROVED AND ADOPTED this ___day of_________, 2022.

ATTEST:
_______________________________ __________________________ Joanne, Baade, City Clerk [insert name here], Mayor
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55452.01400\40832837.2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby
certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, 2022.
__________________________
Joanne Baade, City Clerk
APPROVED AS TO FORM:
__________________________
Scott Smith, City Attorney
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EXHIBIT A
Amendments to Municipal Code
(follows this page)
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Section 16.50.010 – Urban Lot Splits.

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Owners.
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. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person’s consent to the project.

2. 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.

3. 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 parcel map for an urban lot split is approved or denied ministerially, by the director of community development, without discretionary review.

2. 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 12 months from the City’s approval of the map.

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. The hold438

harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

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. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”) and implementing requirements in this title, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the City’s subdivision regulations, including this section, or any other legal requirement:
(i) 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.
(ii) The City has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) 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.
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-ofway or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. 439

3. 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:
(A) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(B) 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 E.3.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).)
c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
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4. 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.

5. 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. “Any person acting in concert with the owner” here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. No Impact on Protected Housing.
a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households 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 policy power.
(iii) 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.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a above is satisfied.
(i) The sworn statement must state that:
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
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(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. 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.

7. 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.

8. Easements.
a. The owner must enter into an easement agreement with each publicservice 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 and final 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 section D.2 above.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

9. 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

12.5 feet.

10. Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11. Unit Standards.
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a. Quantity. 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 section 17.86.010 of this code, an ADU, or a JADU.
b. Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be
(A) less than or equal to 800 square feet and
(B) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
c. Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
d. Lot Coverage. Lot coverage on resulting lot may not exceed the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas. e. Urban Open Area.
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(i) For purposes of this subsection (E)(11)(e), the term “urban open area” has the same meaning as defined in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area. (ii) If all required urban open area is provided at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
f. Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.11.f.(i) above:
(A) 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. (B) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines. The front setback areas must:
(A) be kept free from all structures greater than three feet high; (B) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) allow for vehicular and fire-safety access to the front structure.
g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split 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 444

(A) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) 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. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least 9 feet wide by 18 feet long for each vehicle that the garage is designed to hold.
(ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryers, must not encroach into the required parking area.
(iii) The garage must be equipped with an automatic roll-up door opener.
(iv) Each garage must maintain each required parking space clear and accessible to park at all times.
i. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet must be maintained between all detached structures on a lot, including all dwelling units, garages, and accessory structures.
j. Architecture.
(i) Unit Design Standards
A. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
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B. If there is no legal primary dwelling on the lot before the urban lot split, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are then developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

D. If any portion of a dwelling allowed to encroach into a setback established by the underlying zone , then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance of the new dwelling must be covered with an overhang or roof that is at least 3 feet deep.

F. A pedestrian pathway must be provided to access front doors to all units.

G. If pedestrian access and drive access are provided via the same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.
k. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any
development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
(B) “Mature tree” means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph
E.11.k.(i)(A) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
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(D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under
subparagraph E.11.k.(i)(C) above, owner may pay the
replacement cost of the tree, as determined by the City’s tree-replacement cost schedule.
(ii) Setback Landscaping. In setback areas that are visible from the public right-of-way, all space that is not a walkway, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance.
(iv) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) At least one 15-gallon size plant must be provided for every fifteen linear feet of exterior wall. Alternatively, at least one 24” inch-box size plant must be provided for every
twenty-five linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City’s approved plant list. l. Storage Facility. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement. m. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
n. Water Heaters. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit’s interior. No exterior water heater tank enclosures are permitted. A tankless 447

water heater inside or outside the dwelling may be substituted for a tank heater, if all building standards are satisfied.
o. Mechanical Equipment, Metering Devices. All roof- and groundmounted mechanical equipment and metering devices must be completely screed from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line. p. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created on either lot. (iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
q. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City’s Franchise Waste Hauler (collectively, “trash containers”). (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. (iii) The storage area required for each trash container must be at least 3 feet wide by 3 feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way.
r. Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected. s. Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph E.11.s(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City’s 448

code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground.
(iv) All easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recorded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easements have been agreed to and recorded.
(v) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
t. Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

12. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard 449

mitigation measures in accordance with this subpart E.12. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection. Failure to pay is grounds for denying the application.

13. 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. (iv) No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
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.

14. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on any lot created by urban lot split.
b. No Short-term Rentals. 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.

15. Notice of Construction.
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a. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, 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 constructionrelated 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.

16. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by 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 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:
(i) The lot 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.
(ii) Development on the lot is limited to development of residential units under section 17.86.010 of this code, except as required by state law.

F. Specific Adverse Impacts.
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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.

G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
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Section 17.86.010 – Two-unit Projects.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definitions.

1. 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. Owners.
a. 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 Rev. & Tax Code § 214.15).
b. Any person with a mortgage interest in the lot to be developed with a twounit project under this section must sign the application indicating the person’s consent to the project.

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 director of community development, without discretionary review. 453

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. The holdharmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recoded covenant and deed restriction.

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 a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

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:
(A) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(B) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
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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 E.3.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).)
c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)–(K) are satisfied.

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.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households 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 policy power.
(iii) 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.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the two-unit application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.5.a above is satisfied.
(i) The sworn statement must state that:
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(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. 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. Development Standards and Design Criteria. In addition to the standards and criteria set forth in this section, except as otherwise required by state law, an SB 9 two-unit project, including any development on a lot created through an urban lot split, must conform to all applicable objective development standards that are set forth in this code, as well as, any applicable specific plans; a planned unit development ordinance or resolution; or by conditions duly promulgated and adopted by the City.

7. 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 two-unit project under this section, plus any ADU or JADU that must be allowed under state law and SCMC section 17.28.270 (Accessory Dwelling Units).
b. Unit Size.
(i) The total floor area of each primary dwelling built that is developed under this section must be
(A) less than or equal to 800 square feet and
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(B) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project.

The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the twounit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. c. Height Restrictions.
(i) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
d. 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. e. Lot Coverage. A two-unit project may not exceed the maximum lot coverage established in the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. The lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas. f. Urban Open Area.
(i) For purposes of this subsection (E)(7)(f), the term “urban open area” has the same meaning as provided in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area. (ii) If all required urban open area is provide at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent 457

urban open area for each primary dwelling on the lot.
g. Setback.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.7.g.(i) above:
(A) 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. (B) 800 sf; 4-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. (iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:
(A) be kept free from all structures greater than three feet high; (B) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) allow for vehicular and fire-safety access to the front structure.
h. 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 (A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) A site that contains
(1) An existing rail or bus rapid transit station,
(2) A ferry terminal served by either a bus or rail transit service, or
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(3) 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. i. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least 9 feet wide by 18 feet ling for each vehicle that the garage is designed to hold.
(ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryer, must not encroach into the required parking area.
(iii) The garage must be equipped with an automatic roll-up garage door opener.
(iv) Each garage must maintain all required parking spaces clear and accessible to park at all time.
j. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.
k. Architecture.
(i) Unit Design Standards.

A. If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. If there is no legal primary dwelling on the lot before the two-unit project, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance. 459

D. If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance must be covered with an overhang or roof that is at least 3 feet deep.

F. A pedestrian pathway must be provided to access front doors to all units on the lot.

G. If pedestrian access and drive access are provided via same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.
l. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any
development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
(B) “Mature tree” means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph
E.7.l.(i)(A) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
(D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under
subparagraph E.7.l.(i)(C) above, owner may pay the
replacement cost of the tree, as determined by the City’s tree-replacement cost schedule.
(ii) Setback Landscaping. In setback areas visible from the public right-of-way, and all space that is not walkways, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
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(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contain in the Landscape Standards in the Zoning Ordinance.
(iv) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) At least one 15-gallon size plant must be provided for every fifteen linear feet of exterior wall. Alternatively, at least one 24” inch-box size plant must be provided for every
twenty-five linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City’s approved plant list. m. Storage Facilities. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement. n. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
o. Water Heater. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit’s interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater if all building standards are satisfied.
p. Mechanical Equipment, Metering Devices. All roof- and groundmounted mechanical equipment and metering devices must be completely screen from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the 461

property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line. q. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created for any two-unit projects.
(iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
r. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City’s Franchise Waste Hauler (collectively, “trash containers”) (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. (iii) The storage area required for each trash container must be at least 3 feet wide by 3 feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way.
s. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
t. Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph E.7.t.(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City’s code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground.
(iv) All easements for the provision of electricity, gas water, sewer, and other utility or public service to the lot and each primary dwelling 462

unit must be obtained by the property owner or the applicant before the final map may be recoded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easement have been agreed to and recorded.
(v) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
u. 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.

8. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.8. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection. Failure to pay is grounds for denying the application.

9. Separate Conveyance.
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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.
(i) No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

10. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot. b. No Short-term Rentals. 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.

11. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit 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 constructionrelated 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.
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12. Deed Restriction. The owner must record a deed restriction, on a form approved by 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 does not undergo 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. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

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:
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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.
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Section 16.50.010 – Urban lot splitsLot Splits.

A. A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code §section 66411.7.

B. B. Definition. An "“urban lot split"” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. C. Application.

1. 1. Owners.
a. 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'sperson’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. b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person'sperson’s consent to the project.

2. 2. An application for an urban lot split must be submitted on the City'sCity’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.

3. 3. 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 Citycity council may establish and change the fee by resolution. The fee must be paid with the application.

D. D. Approval.

1. 1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the director of community development, without discretionary review.

2. 2. 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 12 months afterfrom the City’s approval of the map.

ATTACHMENT 2

FOR REFERENCE ONLY
467

3. 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. The hold- harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

4. 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 Codecode.

E. E. Requirements. An urban lot split must satisfy each of the following requirements:

1. 1. Map Act Compliance.
a. a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (GovernmentGov. Code § 66410 et. seq., "“SMA"”) and implementing requirements in this title, except as otherwise expressly provided in this section.
b. b. If an urban lot split violates any part of the SMA, the City'sCity’s subdivision regulations, including this section, or any other legal requirement:
(i) (i) 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.
(ii) (ii) The City has all the remedies available to it under the SMA, including, but not limited to, the following:
(A) (A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) (B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) (C) 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) (D) Record a notice of violation.
(E) (E) Withhold any or all future permits and approvals. c. 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.
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2. 2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. 3. Lot Location.
a. a. The lot to be split is not located on a site that is any of the following:
(i) (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) (ii) A wetland.
(iii) (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) (iv) A hazardous waste site that has not been cleared for residential use.
(v) (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) (vi) Within a 100-year flood hazard area, unless the site has either:
(A) (A) Beenbeen subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency
and issued to the local jurisdiction, or
(B) (B) Meetsmeets Federal Emergency Management
Agency requirements necessary to meet minimum flood
plain management criteria of the National Flood Insurance Program.
(vii) (vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) (ix) Habitat for protected species.
(x) (x) Land under conservation easement.
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b. b. The purpose of subpart E.3.a aboveE.3.a above is merely to summarize the requirements of Government Code §section
65913.4(a)(6)(B)—–(K). (See GovernmentGov. Code § 66411.7(a)(3)(C).) c. c. The applicant must provide evidence that the requirements of Government Code §section 65913.4(a)(6)(B)—–(K) are satisfied.

4. 4. 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 cityCity or county landmark or as a historic property or district.

5. 5. No Prior Urban Lot Split.
a. a. The lot to be split was not established through a prior urban lot split.
b. 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. "“Any person acting in concert with the owner"” here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. 6. No Impact on Protected Housing.
a. a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) (i) Housing that is income-restricted for households of moderate, low, or very low income.
(ii) (ii) Housing that is subject to any form of rent or price control through a public entity'sentity’s valid exercise of its policy power. (iii) (iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GovernmentGov.

Code §§ 7060-7060.77060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) (iv) Housing that has been occupied by a tenant in the last three years.
b. b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a aboveE.6.a above is satisfied. (i) (i) The sworn statement must state that:
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(A) (A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) (B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) (C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) (D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. c. 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.

7. 7. Lot Size.
a. a. The lot to be split must be at least 2,400 square feet. b. b. The resulting lots must each be at least 1,200 square feet. c. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

8. 8. Easements.
a. 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. b. Each easement must be shown on the tentative parcel map and final map.
c. 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 section D.2 aboveD.2 above.
d. d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

9. 9. Lot Access.
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a. a. Each resulting lot must adjoin the public right-of-wayright of way. b. b. Each resulting lot must have frontage on the public right-of-wayright of way of at least 12.5 feet.

10. Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11. 10. Unit Standards.
a. a. Quantity. 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 Sectionsection 17.86.010 of this Codecode, an ADU, or a JADU; .
b. b. Unit Size.
(i) (i) The total floor area of each primary dwelling that is developed on a resulting lot must be:
(A) (A) Lessless than or equal to 800 square feet; and
(B) (B) Moremore than 500 square feet.
(ii) (ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) (iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
c. c. Height Restrictions.
(i) (i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) (ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepbacksetback.
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(iii) (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. d. d. Lot Coverage. Lot coverage on resulting lot may not exceed 50 percent of the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.
e. Urban Open Area.
(i) For purposes of this subsection (E)(11)(e), the term “urban open area” has the same meaning as defined in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area. (ii) If all required urban open area is provided at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
e. Open Space. A minimum of 50 percent of the lot must be maintained as open space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. f. f. Setbacks.
(i) (i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) (ii) Exceptions. Notwithstanding subpart E.10.f(i) aboveE.11.f(i) above:
(A) (A) 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. (B) (B) 800 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) (iii) Front Setback Area. Notwithstanding any other part of this Codecode, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines. The front setback areas must:
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(A) (A) Bebe kept free from all structures greater than three feet high;
(B) (B) Bebe at least 50 percent landscaped with droughttolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) (C) Allowallow for vehicular and fire-safety access to the front structure.
g. g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) (i) The lot is located within one-half mile walking distance of either:
(A) (A) Aa corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) (B) Aa site that contains:
(1) (1) Anan existing rail or bus rapid transit
station.,
(2) (2) Aa ferry terminal served by either a bus or
rail transit service, or
(3) (3) Thethe 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) (ii) The site is located within one block of a car-share vehicle location.
h. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least 9 feet wide by 18 feet long for each vehicle that the garage is designed to hold.
(ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryers, must not encroach into the required parking area.
(iii) The garage must be equipped with an automatic roll-up door opener.
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(iv) Each garage must maintain each required parking space clear and accessible to park at all times.
i. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet must be maintained between all detached structures on a lot, including all dwelling units, garages, and accessory structures.
j. h. Architecture.
(i) Unit Design Standards
A. (i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. (ii) If there is no legal primary dwelling on the lot before the urban lot split, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are then developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. (iii) All exterior lighting must be limited to down-lightsenergyefficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.
(iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

D. (v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way lineIf any portion of a dwelling allowed to encroach into a setback established by the underlying zone , then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance of the new dwelling must be covered with an overhang or roof that is at least 3 feet deep.
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F. A pedestrian pathway must be provided to access front doors to all units.

G. If pedestrian access and drive access are provided via the same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.
k. i. Landscaping.
(i) (i) Tree Removal.
(A) (A) No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
(B) (B) "“Mature tree"” means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) (C) A tree may only be removed under subparagraph
E.10.i(i)(A) aboveE.11.k(i)(A) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
(D) (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.10.i(i)(C) aboveE.11.k(i)(C) above, owner may pay the replacement cost of the tree, as
determined by the City'sCity’s tree-replacement cost
schedule.
(ii) Setback Landscaping. In setback areas that are visible from the public right-of-way, all space that is not a walkway, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance.
(iv) (ii) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-wayrights of way) as follows:
(A) (A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
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