CITY OF SAN MATEO
City Council Special Meeting
February 22, 2022
5:30 PM
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
DUE TO THE STATE OF CALIFORNIA’S DECLARATION OF EMERGENCY – THIS MEETING IS BEING HELD PURSUANT TO AUTHORIZATION FROM GOVERNMENT CODE 54943(b)(3) / AB 361 (2021) – CITY COUNCIL AND COMMISSION MEETINGS ARE NO LONGER OPEN TO IN-PERSON ATTENDANCE.
ANYONE CAN WATCH AND PROVIDE COMMENTS REMOTELY IN THE WAYS DESCRIBED AT THE END OF THE AGENDA.
To join via Zoom – click here: Tuesday, February 22, 2022 Zoom Meeting To join via telephone: (408) 638-0968
Conference ID: 847 2375 1709 Passcode: 232678
CALL TO ORDER
Roll Call
STUDY SESSION
The public will have an opportunity to comment during the consideration of these items.
1. New State Housing Law Senate Bill (SB) 9
Receive an update on State Senate Bill (SB) 9 and provide direction to staff on what development standards to include in the City’s anticipated SB 9 ordinance.
ADJOURNMENT
------------------------------------------------------------------------------------------------------------------------------------------ AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
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ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 2 of 19
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: STUDY SESSION File ID: 22-5691 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: February 22, 2022
SUBJECT:
New State Housing Law Senate Bill (SB) 9
RECOMMENDATION:
Receive an update on State Senate Bill (SB) 9 and provide direction to staff on what development standards to include in the City’s anticipated SB 9 ordinance.
BACKGROUND:
On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9) into law to help address the housing crisis. Effective January 1, 2022, SB 9 requires local agencies to ministerially1 approve certain residential subdivisions and housing development projects that allow for the development of additional units within single-family residential zones.
This report provides an overview of SB 9 and the new development standards that are now applicable to properties within the City. Staff is seeking direction from the City Council on key areas of the new development standards where local agencies can exercise discretion within the confines of State law.
SENATE BILL 9 (SB 9):
SB 9 requires local agencies to ministerially approve up to two residential dwelling units, such as duplexes, in single-family zoned areas. The legislation also amends Government Code Section 66411.7 to require the ministerial approval of certain two-lot residential subdivisions (i.e. lot splits). Projects that meet SB 9 qualifying criteria and requirements (as outlined below) must be approved ministerially and are not subject to the California Environmental Quality Act (CEQA) nor local General Plan or Municipal Code density limits. The City may not deny eligible SB 9 projects unless certain findings pertaining to adverse impacts to codified objective, public health or safety standards are made and where there is no feasible method for mitigation.
For the creation of a duplex or additional dwelling unit on a single-family zoned property, the project property must meet the following qualifying criteria:
1. Zoned single-family residential (i.e. R1-A, R1-B or R1-C);
2. Not located in a historic district or included on the State Historic Resources Inventory;
3. Not located in specified resource lands or hazard areas per Government Code Sections 65913.4(a)(6)(B-K);
4. Has not been occupied by a tenant within the last three (3) years;
5. Does not involve the demolition of any affordable or rent controlled housing; and
6. Does not involve the demolition of more than 25 percent of any existing exterior walls for any market rate or other housing unit.
1 A ministerial permit is a permit granted at staff level with no environmental review, public hearing, or discretion, provided the project complies with established objective zoning and building code standards. 3 of 19
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State law dictates the following standards for the addition of a second residential unit (standalone or as part of a duplex) and for lot splits.
Residential Unit (or Duplex) Requirements
1. Setbacks:
Maximum four-foot side and rear yard setback.
No setbacks are required for units constructed in the same location and dimensions of an existing legal structure or within an existing living area.
2. Parking:
Up to one off-street parking space per unit can be required. No parking is required for sites located within a half-mile distance of a high-quality transit corridor (e.g. El Camino Real), major transit stop2, or within one block of a carshare vehicle.
3. Short-Term Rentals:
Short Term Rentals, which are rentals of less than 30 consecutive calendar days, are prohibited for units created under SB 9.
4. Objective Standards Limitations:
Application of objective zoning and design standards are permitted only if they do not preclude a floor area of at least 800 square-feet for either of the two units.
Subdivision (Lot Split)
1. Parcel Size:
Creation of two parcels that are each at least 1,200 square-feet in size (i.e. original parcel must be at least 2,400 square-feet in size).
Each resulting new parcel may not be smaller than 40 percent of the original parcel size.
2. Parcel Width and Depth:
Existing standards under San Mateo Municipal Code Section 27.18.040 and Section 26.20.050 still apply so long as they do not preclude the proposed lot split subdivision.
3. Parcel Access:
Newly created parcels shall have access to, provide access to, or adjoin the public right-of-way.
4. Easements:
Easements necessary for the provision of public services and facilities may be required by local agencies.
5. Right-of-Way Dedications:
Local agencies may not require right-of-way dedications or construction of offsite improvements.
6. Correction of Nonconformities:
The correction of existing nonconforming zoning conditions may not be required by local agencies nor imposed as a condition of project approval.
7. Sequential Lot Splitting Prohibited:
Parcels may not be created from a prior lot split under SB 9.
DISCUSSION ITEMS FOR CITY COUNCIL INPUT
Staff will be preparing amendments to the Zoning Code to establish updated development standards for SB 9 projects and to ensure consistency with the mandatory requirements of this new State law. Staff is seeking direction from the Council on areas of the State law outlined below where local jurisdictions have discretion to establish their own development standards.
Demolition
Under the provisions of SB 9, no more than 25 percent of existing exterior walls may be demolished for the creation of a 2 A major transit stop either an existing rail or bus rapid transit station or a bus stop that has an intersections of two or more bus routes with a 15-minute or less service interval during the morning and afternoon peak commute hours (PRC 21064.3) 4 of 19
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new duplex or dwelling unless otherwise permitted by local ordinance. The 25% demolition limit does not apply to SB 9 projects that propose a lot split.
Currently, the substantial demolition or removal of a residence (defined as the removal of 50% or more of a structure’s exterior walls and/or roof) requires the issuance of a discretionary Special Use Permit (SUP) per Municipal Code Section
27.18.035. Demolition projects not considered to contain substantial removal or demolition are approved ministerially through a building permit.
Discussion Item: Should the 25 percent demolition limit established by SB 9 remain, or should it be increased? If increased, to what extent/percentage should the demolition limit be increased? ADUs/JADUs
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are currently permitted by right in single- family residential zoned areas. However, SB 9 provides that cities are not required to permit an ADU or a JADU when property owners are utilizing both Government Code Section 66452.21 to build a duplex and Government Code Section 66411.7 to create two parcels with an urban lot split.
Absent an ADU or JADU, each parcel resulting from an SB 9 lot split and duplex would be permitted to have up to two units. With an ADU and JADU, each parcel resulting from an SB 9 lot split and duplex would be permitted to have up to four units (two main units plus one ADU and one JADU).
Discussion Item: Should ADUs and/or JADUs should be permitted on lots created by an SB 9 lot split with an SB 9 duplex? Floor Area Limits
Municipal Code Section 27.18.060 (Floor Area Ratio) sets different floor area ratio (FAR) limitations for single-family zoned parcels as outlined below:
R1-A Zoning District
o0.4 FAR for parcels less than or equal to 10,000 square feet plus 0.2 for additional parcel area over 10,000 square feet up to a maximum of 6,000 square-feet.
R1-B and R1-C Zoning Districts
o0.5 FAR for parcels of less than or equal to 6,000 square feet plus 0.2 for additional parcel area over 6,000 square feet up to a maximum of 6,000 square-feet.
The City has the ability to set additional or different floor area limitations for new units created as part of an SB 9 project so long as the limits allow for at least 800 square feet of floor area per unit. Different floor area limitations could potentially be used to incentivize certain SB 9 development (i.e. duplexes vs. lot splits).
Discussion Item: Should the floor area limit for duplex units or lots created by SB 9 be increased or decreased, or maintained as is currently allowed by the Zoning Code?
Map Extensions
SB 9 also authorizes cities to provide for a longer initial term for tentative maps approved pursuant to its provisions. The City’s Subdivision Ordinance currently provides two years after tentative map approval to record the final map (Municipal Code Section 26.48.135). In addition, Section 26.48.135 allows applicants to apply for up to three (3) two-year extensions, which allows for a tentative map to have up to eight years before expiring.
SB 9 has amended Government Code Section 66452.6(a) to allow cities to adopt ordinances extending the initial expiration date of a tentative map up to four years. If the City were to extend the initial expiration date to four years, that would allow tentative maps to have up to ten years before expiring. If a project contains a vesting tentative map, the project would not be subject to current local standards and regulations but the standards in effect when the map was initially deemed complete.
Discussion Question: Should the initial term for an approved tentative map for an SB 9 lot split remain at two years, or be increased to three or four years?
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Public Noticing
SB 9 requires ministerial approval of certain lot splits and/or up to two dwelling units (i.e. duplexes) on single-family zoned parcels. SB 9 does not require that public notice be provided for these ministerial decisions. For discretionary land use decisions, the City provides mailed notice to nearby properties, as outlined in Municipal Code Section 27.08.050. The City also has a current practice for noticing ministerial building permits of small second-story additions to existing two-story single-family residences pursuant to Municipal Code Section 27.08.032(b).
Discussion Item: Should notification be provided to nearby properties of a ministerial SB 9 decision prior to the project’s decision date? Any potential notification provided for an SB 9 project would be informational in nature only as ministerial permits are not subject to discretionary review. If notification is provided, should it be similar to the existing ministerial noticing practice for small second story additions currently in effect? NEXT STEPS:
Based on the input by the general public and the City Council, staff will begin preparing amendments to the Zoning Code to establish development standards for SB 9 projects. Staff will continue to maintain the existing resource page on the City’s website to provide information on SB 9 and the development standards established by State law and engage in community outreach. Staff anticipates bringing the Zoning Code amendments to the Planning Commission in the spring of 2022 and City Council by summer of 2022.
BUDGET IMPACT:
Depending on the nature of the Council’s direction, the costs associated with the research and development of the necessary code amendments and/or policies would be covered under the Community Development Department’s existing operating budget. However, if the direction results in the need to retain outside consultants to complete the work, the associated costs will require further evaluation to determine the appropriate funding source.
ENVIRONMENTAL DETERMINATION:
In accordance with Public Resources Code Section 21065, this item is not subject to CEQA, because it is an informational study session item that the City Council is not taking action on at this time.
NOTICE PROVIDED:
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Zoning Map (R1 Districts, One Family Dwellings) Att 2 – Senate Bill 9
STAFF CONTACT
Laura Richstone, Associate Planner
[email protected]
(650) 522-7205
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Zoning Map - R1 Districts
Prepared by Planning Division
Date: 1/28/2022
Disclaimer:
These maps are provided for planning and reference purposes only. Accuracy of boundary information contained is not guaranteed. The official records should be consulted for exact information.
San Mateo City Limits
Zoning Districts
R1A - One Family Dwelling "A"
R1B - One Family Dwelling "B"
R1C - One Family Dwelling "C"
LEGEND
0 0.8 1.60.4 mi
0 1 20.5 km
1:36,000
R1A
CITY OF BELMONT
R1C
R1B
R1A
R1B
R1A
R1B
R1B
R1C
R1B
R1B
R1C
R1C
R1C
R1A
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1A
R1A
R1B
R1B
R1B
R1C
R1C
R1C
R1C
R1C
R1B
R1B
R1B
CITY OF FOSTER CITY
COUNTY OF SAN MATEO
(UNINCORPORATED)
TOWN OF HILLSBOROUGH
TOWN OF HILLSBOROUGH
CITY OF BURLINGAME
R1C
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Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning La w provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, w ould require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially , without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and f amilies of moderate, lo w, or very low income, that the proposed housing de velopment does not allo w for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the de velopment is not located within a historic district, is not included on the State Historic Resources In ventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objecti ve design standards, as defined, unless those standards w ould ha ve the ef fect of ph ysically precluding the construction of up to 2 units or ph ysically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the le gislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24
94 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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months after its appro val or conditional appro val or after an y additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split w ould not require the demolition or alteration of housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to le vels affordable to persons and families of moderate, lo w, or v ery low income, that the parcel is located within a single-f amily residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving an urban lot split, including, b ut not limited to, authorizing a local agency to impose objecti ve zoning standards, objecti ve subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affida vit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the appro val of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill w ould prohibit a local agenc y from imposing an y additional owner occupancy standards on applicants. By requiring applicants to sign affida vits, thereby e xpanding the crime of perjury , the bill w ould impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described abo ve, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may ha ve a significant ef fect on the en vironment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 pro vides for the planning and regulation of de velopment, under a coastal de velopment permit process, within the coastal zone, as defined, that shall be based on v arious coastal resources planning and management policies set forth in the act. 94 — 2 — Ch. 162
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This bill would exempt a local agency from being required to hold public hearings for coastal de velopment permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing de velopment containing no more than two residential units within a single-f amily residential zone shall be considered ministerially, without discretionary re view or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing de velopment is located within a city , the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or , for unincorporated areas, a le gal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or an y local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing de velopment is not a parcel on which an o wner of residential real property has e xercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the de velopment proponent submits an application.
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(5) The proposed housing de velopment does not allo w the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources In ventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding an y local la w and e xcept as pro vided in paragraph (2), a local agenc y may impose objecti ve zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objecti ve zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agenc y may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to an y conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite w astewater treatment system, a percolation test completed within the last 5 years, or , if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the e vidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdi vision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 4 — Ch. 162
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no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agenc y shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdi vision (b), an application shall not be rejected solely because it proposes adjacent or connected structures pro vided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing de velopment contains tw o residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objecti ve zoning standards, ” “objecti ve subdi vision standards,” and “objecti ve design re view standards” mean standards that involve no personal or subjecti ve judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion a vailable and kno wable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternati ve objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city , county, or city and county , whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the follo wing requirements:
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(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area pro vided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as pro vided in subparagraph (B), both ne wly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split w ould not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an o wner of residential real property has exercised the o wner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the o wner of the parcel being subdi vided nor an y person acting in concert with the o wner has pre viously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 6 — Ch. 162
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2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agenc y shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding an y local law, a local agenc y may impose objecti ve zoning standards, objecti ve subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objecti ve design re view standards that w ould have the ef fect of ph ysically precluding the construction of tw o units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the b uilding official mak es a written finding, based upon a preponderance of the e vidence, that the proposed housing de velopment project would have a specific, adv erse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the ph ysical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to an y conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels ha ve access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affida vit stating that the applicant intends to occup y one of the 94 Ch. 162 — 7 —
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housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Re venue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agenc y shall not impose additional o wner occupanc y standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding an y pro vision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agenc y shall not be required to permit more than two units on a parcel created through the e xercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means an y dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing o verlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city , county, or city and county , whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 8 — Ch. 162
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considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its appro val or conditional appro val, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. Ho wever, if the subdivider is required to expend two hundred thirty-six thousand se ven hundred ninety dollars ($236,790) or more to construct, impro ve, or finance the construction or improvement of public impro vements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall e xtend the e xpiration of the appro ved or conditionally approved tentative map by 48 months from the date of its expiration, as pro vided in this section, or the date of the pre viously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of tw o hundred thirty-six thousand se ven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the state wide cost inde x for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentati ve and v esting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdi vision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a de velopment moratorium, imposed after approval of the tentati ve map, is in e xistence. However, the length of the moratorium shall not exceed five years.
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(2) The length of time specified in paragraph (1) shall be e xtended for up to three years, b ut in no e vent be yond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that appro ved or conditionally appro ved the tentati ve map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as w as left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentati ve map is or w as pending in a court of competent jurisdiction, if the stay of the time period is appro ved by the local agenc y pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agenc y, the subdi vider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for re viewing the requests, including, b ut not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the appro ved or conditionally appro ved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentati ve map shall be filed with the le gislative body without first processing a ne w tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, appro ving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surv eyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally appro ved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agenc y authorized to appro ve or conditionally approve tentative maps for a period or periods not e xceeding a total of six years. The period of e xtension specified in this subdi vision shall be in addition to the period of time pro vided by subdi vision (a). Before the expiration of an appro ved or conditionally appro ved tentative map, upon an application by the subdi vider to e xtend that map, the map shall automatically be e xtended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agenc y denies a subdi vider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
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(f) For purposes of this section, a de velopment moratorium includes a water or sewer moratorium, or a w ater and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agenc y with the authority to appro ve or conditionally appro ve the tentati ve map, which thereafter prevents, prohibits, or delays the appro val of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its o wn action or inaction w as prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agenc y, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. Ho wever, nothing in this subdi vision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whiche ver is later . A de velopment moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the f ailure or refusal, e xcept that the de velopment moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agenc y to convey the necessary property interest for a f air market value, paid in a reasonable time and manner.
SEC. 4. The Le gislature finds and declares that ensuring access to affordable housing is a matter of state wide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Go vernment Code and Section 3 of this act amending Section 66452.6 of the Go vernment Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agenc y or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 — 11 —
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because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Go vernment Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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