Agenda Item: 9
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARINGS
CITY MANAGER APPROVAL:
DATE: January 11, 2022
SUBJECT: FIRST READING OF AN ORDINANCE FOR TWO-UNIT
RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS (SB 9)
DEPARTMENT: Community Development
PRESENTER: Erika Iverson
RECOMMENDED ACTION
City Council:
1. Conduct the public hearing.
2. Introduce and pass to second reading an ordinance entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO ESTABLISH
REGULATIONS FOR TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT
SPLITS, AMENDING THE UNIFIED DEVELOPMENT CODE AS SHOWN IN EXHIBIT A” with the additional language as recommended by staff.
3. Adopt a resolution for Two-Unit Residential Development Design Standards, as shown in Exhibit A.
BACKGROUND
On September 16, 2021, the Governor signed into law Senate Bill (SB) 9, which went into effect on January 1, 2022. Senate Bill 9 is a part of the larger California State Senate Housing Package which aims to increase the supply of housing in California. Senate Bill 9 preempts the density limitation established by the local jurisdiction’s General Plan and underlying zone and requires ministerial approval of two dwelling units on a parcel zoned for a single-family unit (two-unit residential development), and ministerial approval of a parcel map for a lot split on a parcel zoned for single-family uses (urban lot split), subject to qualifying criteria. The City of Santa Clarita (City) and the League of California Cities opposed the bill.
There continues to be opponents to SB 9, and a ballot initiative has been submitted to the state with the hope to be qualified for the November 2022 ballot, that would amend the California
Constitution to provide that a local jurisdiction’s land use policies, zoning standards, or development standards are deemed a municipal affair and shall prevail over a conflicting state statute. If successful, this ballot initiative would allow the City’s Unified Development Code (UDC) to supersede SB 9. However, until such time that there is a successful ballot initiative or change to the state law, SB 9 will remain in effect on January 1, 2022.
Pursuant to SB 9, the City is permitted to adopt a local ordinance for the purpose of implementing two-unit residential developments and urban lot splits on a parcel zoned for a single-family dwelling unit, and may impose objective development standards that do not conflict with SB 9. In order for the City to exert as much local control as possible over two-unit residential development and urban lot splits, the Planning Division, with support from the City Attorney’s office, has drafted the Two-Unit Residential Development and Urban Lot Split ordinance for consideration (Exhibit A: Code Amendment Language), consistent with what other jurisdictions are proposing in response to SB 9. The proposed project would update the City’s UDC, as well as establish a specific set of development design standards for two-unit residential developments and urban lot splits. The proposed amendments consist of text amendments only; no changes to the City’s General Plan Land Use Map or Zoning Map are proposed. The intent of the code amendments and development design standards is to provide the City with the maximum amount of local control over the development of two-unit residential developments and urban lot splits permitted under state law, while complying with state mandates to provide ministerial approval for these developments on parcels zoned for single-family uses.
PLANNING COMMISSION ACTION
At their meeting on December 7, 2021, the Planning Commission conducted a public hearing and in a 4-0 vote (Commission Eichman absent), adopted Resolution P21-23, recommending the City Council adopt the Two-Unit Residential Development and Urban Lot Split ordinance and associated Two-Unit Residential Development Design Standards. Two letters in support of the proposed ordinance were received prior to the Planning Commission Hearing.
PROJECT DESCRIPTION
The proposed amendments incorporate regulations that will provide the City with the maximum amount of local control possible over two-unit residential development and urban lot splits within the boundaries of state law under SB 9.
Proposed Ordinance
General Development Regulations
The proposed amendments would establish a number of regulations for two-unit residential developments and would enforce applicable development regulations for the underlying zone, and would further establish additional regulations specific to two-unit residential developments.
Specifically, the development regulations would:
• Set a maximum floor area of 800 square feet for any new unit constructed under SB 9; • Set a maximum building height of one-story, not to exceed 16 feet; • Require a minimum private-outdoor space of 650 square feet for each unit; • Require one parking space per unit, to be provided in a fully enclosed garage;
• Require separate utility connections for each unit;
• Require separate trash-collection carts for each unit; and • Prohibit removal of any oak tree over 12.5 inches in circumference.
Income Restrictions
The proposed amendments would require at least one unit in a two-unit residential development to be income restricted for lower income households (moderate, low, very low, extremely low), which would count toward the City’s Regional Housing Needs Assessment obligation for lower income units. Applicants would be required to enter into an affordable housing agreement, encumbering the property with an income restricted unit for 55 years.
Accessory Dwelling Units
The proposed amendments would prohibit Accessory Dwelling Units (ADUs) and Junior ADUs on a parcel where two-unit residential development is proposed or approved.
Homeowner Association
The proposed amendments would require approval from the Homeowner Association upon application for parcels that fall within the jurisdiction of a Homeowner Association.
High Fire Severity Zone (HFSZ)
The proposed amendments would require two-unit residential developments and urban lot splits located in the HFSZ to be located either on lots which directly front on a highway, as defined in the General Plan, or have two means of direct vehicular access to a highway. This is consistent with the ADU Ordinance adopted by the City in January 2021, and is intended to preserve public safety and traffic flow by ensuring that sufficient evacuation routes and emergency access is provided to all dwelling units. In addition, newly-constructed units within the HFSZ would be required to provide fire sprinklers.
Development Standards
Additionally, the proposed amendments include adoption of a resolution for Two-Unit Residential Development Design Standards (Design Standards) (Exhibit A: Two-Unit Residential Design Standards). The Design Standards would apply to two-unit residential developments and are intended to establish objective architectural criteria to guide construction of two-unit residential developments and include specific requirements that serve as a foundation for suitable residential architecture that is compatible with the City’s Community Character Design Guidelines. It is important to note that the proposed Design Standards are a stand-alone set of architectural requirements for two-unit residential development and, if necessary, can be expanded in the future with approval by the City Council.
Recommended Addition
Upon further coordination with the City Attorney’s Office, staff recommends one addition to the code amendment language for Two-Unit Residential Development. The proposed language is as follows and would be incorporated as Section 17.57.025.G(4):
A proposed two-unit residential development shall be denied if the application fails to comply
with this Section.
ENVIRONMENTAL
A Notice of Exemption has been prepared for the project. Pursuant to California Government Code Sections 65852.21(j) and 66411.7(n), the project is exempt from the California Environmental Quality Act (CEQA) under Division 13 of the Public Resources Code (commencing with Section 21000).
NOTICING
All noticing requirements for a public hearing have been completed as required by Section
17.06.110 of the UDC. A 1/8th page advertisement was placed in The Signal newspaper on December 21, 2021.
CONCLUSION
SB 9 was just recently adopted, and as it begins being implemented across California in early 2022, we will likely see the passage of clean-up bills by the legislature that may impact our local implementation ordinance. Planning Division staff will continue to monitor the state legislation and any changes made to the law, as it pertains to our ability to implement our ordinance, and could come back before the Planning Commission and City Council if it is found that further amendments to the UDC are necessary.
The proposed amendments are consistent with state law and allow the City to regulate two-unit residential development and urban lot splits to the maximum extent possible. Many cities are working to adopt similar ordinances in preparation of the proposed amendments. Planning Division staff and the City Attorney’s office have looked to other cities to see what controls they are considering. The proposed ordinance is in line with what is being contemplated in other jurisdictions. Staff has drafted the necessary findings of support so the City Council can adopt the proposed ordinance and development design standards.
ALTERNATIVE ACTION
Other actions as determined by the City Council.
FISCAL IMPACT
The proposed ordinance creates a new ministerial permit for two-unit residential development and urban lot split. Should the ordinance be adopted by the City Council, a fee will be created, as permitted by state law, to recover the associated costs of reviewing proposed two-unit residential developments and urban lot splits.
ATTACHMENTS
Public Notice
Ordinance
Resolution
Notice of Exemption
Planning Commission Agenda Report 12-07-2021 (available in the City Clerk's Reading File)