Attachment E - Background Information - January 8 2025 Planning Commission Meeting — Victorville City Council, February 18, 2025

CITY COUNCIL

ATTACHMENT E
Background Information – January 8,
2025, Planning Commission Meeting

Excerpt from the January 8, 2025, Regular Planning Commission Meeting PLAN24-00023 – City of Victorville

4. An Amendment to the Victorville Municipal Code with an Environmental Exemption to make various changes to Title 16 including but n ot limited to new and updated definitions, new land use allowances and standards related to thrift retail stores, revised landscape standards, and an update and clarification to tentative tract map approval periods

Location:

Citywide

Recommendation:

Staf
f recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed amendments and tak e the following actions:

1. Environmental Assessment – Find the project categorically exempt per CEQA Guidelines Section 15061(b)(3); and

2. Code Amendment – Adopt Resolution No. P-25-006, recommending City Council approval of Municipal Code Amendment Case No. PLAN24-00023.

Comments ensued.

Chairman Kurth opened the public hearing.

Speakers:

None

Chairman Kurth closed the public hearing.

Motion was made to approve staff recommendations.

Moved: Commissioner Marshall
Seconded: Commissioner Thomas

Motion passed 5-0

Ayes: Commissioner Marsh, Commissioner Marshall, Commissioner Thomas, Vice Chair Mesen, Chairman Kurth

EXECUTIVE SUMMARY
PLAN24-00023
PROJECT DESCRIPTION: An Amendment to the Victorvil le Municipal Code with an Environmental Exemption to make various changes to Title 16 including but not limited to new and updated definitions, new land use allowances and standards related to thrift retail stores, revised landscape standards, and an update and clarification to tentative tract map approval periods.

APPLICANT: CITY OF VICTORVILLE
PLANNING COMMISSION PUBLIC HEARING DATES: January 8, 2025

SUMMARY FOR JANUARY 8, 2025 PLANNING COMMISSION MEETING

NUMBER OF PEOPLE WHO COMMENTED: 0

NUMBER OF PEOPLE SPEAKING IN FAVOR: 0

NUMBER OF PEOPLE SPEAKING OPPOSED: 0

NUMBER OF WRITTEN COMMENTS IN FAVOR: 0

NUMBER OF WRITTEN COMMENTS OPPOSED: 0

STAFF RECOMMENDATION: Recommend City Council A pproval

PLANNING COMMISSION ACTION: Recommended City Co uncil Approval

PLANNING COMMISSION VOTE: Marshall Aye
Marsh Aye
Thomas Aye
Mesen Aye
Kurth Aye

rh
Item Number: 4
Planning Commission

PUBLIC HEARINGS
Meeting of: January 8, 2025
Submitted By:

Alex Jauregui, City Planner

Case:

PLAN24-00023
Subject:

An Amendment to the Victorville Municipal Code with an Environmental Exemption to make various changes to Title 16 including but not limited to new and updated definitions, new land use allowances and standards related to thrift retail stores, revised landscape standards, and an update and clarification to tentative tract map approval periods.

Applicant:

City of Victorville - Planning Department
Location:

Citywide
Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed amendments and take the following actions:

1.Environmental Assessment – Find the project categorically exempt per CEQA Guidelines Section 15061(b)(3); and

2.Code Amendment – Adopt Resolution No. P-25-006, recommending City Council approval of Municipal Code Amendment Case No. PLAN24-00023.

Summary:

The subject City staff initiated amendments to the City of Victorville Municipal Code (VMC) are being proposed in order to address recent State Assembly and Senate Bills that address allowances for the approval period of Tentative Tract Maps as well as the permitted operation of retail thrift stores. Additionally, amendments to the VMC are also included in the proposal related to landscape standards for single-family residences and commercial/industrial developments, which have been revised and updated to memorialize common allowances by the Planning Commission as well as provide the City’s Code Enforcement staff with clarification on required landscape improvements given that the City’s standards have evolved over time. Staff recommends approval of the VMC amendments included in this proposal as they will ensure compliance with recent State mandates, promote housing development, and provide aesthetic enhancements to landscaping in development throughout the City.

Discussion/Analysis:

The proposed changes to Title 16 of the VMC (also known as the “Development Code”) are discussed in the following synopsis of each Section and Subsection, the full text of which (including existing and deleted text) is located in proposed Resolution No. P-25- 006 (Attachment A). As proposed, the included Development Code Amendments will provide additional allowances for retail thrift stores, clarify and update landscape standards, and extend the initial approval period for Tentative Tract Map approvals as follows:

Victorville Municipal Code - Title 16
(Development Code)
Chapter 1 – Development Department
Article 3: - Definitions
Section 16-1.03.010: - Definitions
• Updated the definition of “decorative rock” to exclude sand as an acceptable form of groundcover given concerns with durability and ability to remain in position in the local climate.
• Updated the definition of landscape “groundcover” to clarify the necessary depth of rock groundcover and coordinate with existing standards outlined in the Commercial Design Guidelines.
• Added a definition of a “thrift retail store” to match the definition provided within State Assembly Bill 2632 (Attachment B).

Chapter 3 – Zoning and Land Use Requirements
Article 7: - Land Use and Special Requirements
Section 16-3.07.010: - Permitted and conditional land uses – All Zoning Districts • Added “thrift retail store” as a permitted use within the Neighborhood Service (C-1), General Commercial (C-2), and Health & Wellness Overlay (HWO) zone districts in compliance with Assembly Bill 2632, which requires that local jurisdictions allow such uses anywhere that the sale of similar new merchandise is permitted (excluding large household appliances, vehicles, or anything automobile related).

Section 16-3.07.020:- Special requirements for certain permitted & conditional uses • Added operating standards for “thrift retail stores” in compliance with the allowances provided by Assembly Bill 2632, which permits local jurisdictions regulation of business operations related to donation drop off locations and times, area of establishments dedicated to donation acceptance/processing, as well as enforcement of health and safety issues such as emergency egress and illegal dumping. As proposed, these additional requirements are aimed at preventing potential adverse impacts to commercial districts while complying with Assembly Bill 2632.

Article 10: - Commercial Districts
Section 16-3.10.060: - Design guidelines
• Updates landscape standards to require:
o Enhanced landscaping at project frontages;
o A minimum of three decorative rock size/types for groundcover areas; and o The prohibition of bark or wood mulch to be used as a permanent or primary form of groundcover.

These changes are proposed to codify standards that have historically been required by the Commercial Design Guidelines but necessitated clarification to ensure inclusion in all new commercial development.

Article 11: - Industrial Districts
Section 16-3.11.060: - Design guidelines
• Updates landscape standards to require:
o Enhanced landscaping at project frontages and area visible from public view; o A minimum of three decorative rock size/types and depth of 3” for groundcover areas; and
o The prohibition of bark or wood mulch to be used as a permanent or primary form of groundcover.

These changes are proposed to codify standards that have historically been required by the Commercial Design Guidelines but not clearly defined within the Industrial Design Guidelines and necessitated clarification to ensure inclusion in all new industrial development.

Article 24: - General Development Requirements and Exceptions Section 16-3.24.030: - Landscape standards
• Clarifies the applicability of the various front yard landscape standards related to single-family residences that have been adopted over time. Previous standards for small tract lots (e.g. lots 7,200 sq. ft. in size or smaller) range from no required front yard landscaping prior to 2007, limited standards from 2007-2015 that only required 50% of front yards to be landscaped, and the current landscape standards from 2015 to current that address specific amounts of plant material, sizes, and multiple types of groundcover. As proposed, these amendments will enable the City’s Code Enforcement Department to clearly implement City landscape requirements on existing single-family residences as follows:
o 2015 – Current: Homes with building permits issued beginning in 2015 through today are required to comply with all current standards relating to the installation of trees, shrubs, groundcover, as well as landscaped areas that are not permitted to include more than 50% of decorative rock.
o Prior to 2015: Homes completed prior to 2015 are required to at least provide plant material that will cover 25% of the front yard area at maturity with decorative rock allowed to be exposed, or not covered, with plant material within 75% of the front yard.
o ½ Acre & Larger Lots: Homes located on property that is zoned for ½ acre in size or larger will be permitted to maintain front yards without landscaping if they were originally developed as such. However, single-family dwellings on these lots developed with landscaping that was included in an associated entitlement will be required to maintain the originally approved landscaping in accordance with the Single-family Design Guidelines.
• Added minimum decorative rock variety and sizes to multi-family landscape standards to coordinate with single-family, commercial, and industrial standards while also expressly prohibiting exposed dirt.
• Clarified requirements for planter width when vehicle parking is designed to overhang into planter areas.
• Removed repetitive landscape standards.

Chapter 4 – Subdivision Regulations (Private Development) Article 2: - Tentative Maps
Section 16-4.02.030: - Expiration of tentative map approval • With the adoption of Senate Bill 9 in 2021 (Attachment C), the State authorized local jurisdictions to extend the initial approval period of tentative maps from 36 months to 48 months. Inasmuch as the City has historically supported new housing development and because the City’s Housing Element of the General Plan seeks to promote new housing within the City, Staff finds this allowance appropriate as it will provide additional time for landowners to record final maps and develop housing. Additionally, City Staff find that this allowance should be implemented retroactively, and has included a list of previously approved tentative tract maps that will benefit from this extended expiration date if approved (Attachment D).
• While the Subdivision Map Act notes that a “timely filing” of a tentative map filed with the City will extend the life of a tentative map to allow for its recordation, no definition of a “timely filing” is provided and the City’s current definition of such requires clarification to ensure that the allowance for a “timely filing” is only used when maps are in a position to record. Additionally, this revision has been requested by the City Engineer for clarity.

Number of Radius Letters Mailed:

N/A - In accordance with State law, 1/8th page advertisement prepared in lieu of radius mailers given impacts to more than one-thousand property owners.

Attachments: Attachment A – Resolution No. P-25-006
Attachment B – State Assembly Bill 2632 (2024)
Attachment C – State Senate Bill 9 (2021)
Attachment D – Eligible Tract Maps

PLANNING COMMISSION

ATTACHMENT A
Resolution No. P-25-006

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RESOLUTION NO. P-25-006

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE

RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF MUNICIPAL CODE AMENDMENT CASE PLAN24-00023, AN AMENDMENT TO THE VICTORVILLE MUNICIPAL

CODE WITH AN ENVIRONMENTAL EXEMPTION TO MAKE VARIOUS CHANGES TO TITLE 16 INCLUDING BUT NOT LIMITED TO NEW AND UPDATED DEFINITIONS, NEW LAND USE

ALLOWANCES AND STANDARDS RELATED TO THRIFT RETAIL STORES, REVISED

LANDSCAPE STANDARDS, AND AN UPDATE AND CLARIFICATION TO TENTATIVE TRACT MAP APPROVAL PERIODS.

WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville has initiated amendments to Title 16 of the Victorville Municipal Code; and WHEREAS, pursuant to Section 16-2.01.030 of the Victorville Municipal Code, the City of Victorville Planning Department prepared a Staff Report detailing the proposed Victorville Municipal Code amendments as well as their conformance with applicable standards and requirements; and
WHEREAS, a public hearing was held on the 8th day of January 2025, pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code, State of California, to hear arguments for and against the issue; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting: the use of buildings, structures and land; the location, height, bulk, and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the intensity of land use; and requirements for off-street parking and loading; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 2, Article 1, Section 16-2.01.010 of the Victorville Municipal Code, providing the authority to amend Title 16 Resolution No. P-25-006 - PLAN24-00023 January 8, 2025

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of the Victorville Municipal Code and the various regulations, requirements, exceptions and guidelines located therein; and
WHEREAS, the Planning Commission finds that the proposed amendments relating to thrift retail stores, landscaping, and tentative map approval periods will result in a more aesthetically pleasing community with more uniform and easily enforceable regulations, and will promote housing by allowing longer approval periods to facilitate housing development; and WHEREAS, the Planning Commission finds that the proposed amendments relating to thrift retail stores are necessary updates to bring the City’s Zoning Ordinance into conformance with new state laws, and that the amendments will work to prevent adverse impacts to General Commercial Zones by instituting regulations associated with donation drop off locations and times, area of establishments dedicated to donation acceptance/processing, as well as enforcement of health and safety issues such as emergency egress and illegal dumping, which are permitted by state law; and
WHEREAS, the Planning Commission finds that the proposed amendments relating to landscaping are necessary to clarify enforceable provisions of the Zoning Ordinance given the varying landscape standards adopted by the City of Victorville over time, and that the amendment will result in aesthetic improvements to the community and new development as mandated by the various development standards and design guidelines included in the Zoning Ordinance; and WHEREAS, the Planning Commission finds that the proposed amendments relating to the extension of tentative map approval periods promote housing development and are compliant with the Housing Element of the General Plan and assist in working towards meeting the City’s regional housing needs allocation, and that application retroactively to recently approved tentative maps is appropriate for the reasons stated above; and
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WHEREAS, the Planning Commission finds that certain sections of the Development Code must be updated to maintain consistency with the Land Use Element most recently adopted by the City Council; and
WHEREAS, the Planning Commission finds that multiple notations will be updated with these amendments, which is pertinent in order to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and WHEREAS, the Planning Commission finds on their own independent judgment that this project is exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment inasmuch as the proposed amendment: is aimed at improving and enhancing landscaping in accordance with the City’s water efficient landscaping ordinance; will bring the Victorville Municipal Code into conformance with existing State law regarding thrift retail stores, which are required to be permitted anywhere similar new merchandise is permitted; and will increase approval periods to promote housing development within the City, which is constantly working to meet is regional housing needs allocation as outlined in the Housing Element of the General Plan; and THEREFORE, BE IT RESOLVED by the Planning Commission, pursuant to Section 16-2.01.050 of the Victorville Municipal Code, that it recommends to the City Council that Amendment PLAN24-00023, a Title 16 Municipal Code Amendment, be adopted as follows:

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Legend
Existing Text
Deleted Text
Revised Text
New Text
{Editing Notes}
Chapter 1: Development Department
Article 3: Definitions
Section 16-1.03.010: - Definitions
Decorative rock
colored stones, cobble rock, boulders of varied sizes, quartzite, pea gravel, or decomposed granite or sand used to achieve 100% landscape ground cover with an adequate depth. Grey rock, or blended rock may be considered decorative rock if incorporated into a design with the decorative rock.

Groundcover
a combination of low-lying live vegetation where upon vegetation maturity achieves 100% soil coverage, non-plastic/nylon artificial turf with a minimum length (pile height) of 1¼ inches or decorative rock a minimum of 3-inches in depth used to achieve 100% soil coverage
Lot, small tract
a single-family residential lot, within a recorded tract map, consisting of lots zoned for less than one-half acre in size, excluding ½ acre or larger sized lots within the R-1 initiative areas.

Thrift retail store
A retail store and related donation facility engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. “Thrift retail store” excludes the sale of large household appliances such as refrigerators or stoves and does not include the sale of vehicles or anything automotive-related. {Editing Notes: “Lot, small tract” definition provided for reference only, no changes proposed.

Position new definitions in alphabetical order with existing definition table} Resolution No. P-25-006 - PLAN24-00023 January 8, 2025

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Chapter 3: Zoning and Land Use Requirements
Article 7: Land Use and Special Requirements
Sec. 16-3.07.010: Permitted and conditional land uses – All zoning districts Table 7-1 Permitted, Conditional, Accessory and Temporary Land Uses - All Zoning Districts
ZONE
USE
AE A SR R1 R2 R3 R4 MDR RMPD C1 C2/C4 CA CM IPD M1 M2 PC HWO 23) RETAIL
Building materials - - - - - - - - - C C - - P P P - C
Equipment sales &
rental - - - - - - - - - C C C P C C C - C
Galleria P P
Guns &
ammunition - - - - - - - - - - - - - - C C - -
Indoor/outdoor
swap meet - - - - - - - - - - - - - - - - - -
New General
Merchandise - - - - - - - - - P P - - - - - - P
Used General
Merchandise - - - - - - - - - P - - - - - - - -
Thrift Retail Store P P P
Wholesale
establishment - - - - - - - - - C C - - P P P - C
{Editing Note: Excerpt of Table 7-1 only, all other portions of Section 16-3.07.010 and Table 7-1 to remain as currently written}
Sec. 16-3.07.020: Special requirements for certain permitted and conditional uses (k) Thrift retail stores
(1) Thrift retail stores shall be subject to the following operating requirements:
i. The drop off and receipt of donations shall only take place during business hours and must be physically accepted by an employee, unattended drop-off donations or the use of donation drop boxes are prohibited.
ii. The business shall install and maintain signage that identifies where donations are accepted onsite and stipulates that donation drop-offs are prohibited during non- business hours.
iii. Donations must be accepted only at designated receiving areas at the rear of buildings screened from the public right-of-way, if designed with service door access and parking/unloading areas that do not impede emergency access; alternatively should a Resolution No. P-25-006 - PLAN24-00023 January 8, 2025

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donation area visible from the right-of-way be the only feasible means based on building design, a donation acceptance area shall be provided within the building; and all donations shall only be accepted within the enclosed building. iv. Donation sites and receiving areas shall be kept clear at all times and regularly cleaned, at no time shall trash or debris be allowed to collect at the donation site.

Outdoor storage of used or donated goods or associated collection/processing apparatus is prohibited.
v. Operation of any equipment utilized to collect or process used or donated good shall take place only within an enclosed area of the building and no exterior evidence of equipment shall be permitted without being screened from public view, as approved by the Zoning Administrator in accordance with the Commercial Design Guidelines. vi. The disposal of any used or donated goods shall be conducted in conformance with the guidelines of the City’s waste purveyor, including but not limited to compliance with any material recycling standards.
vii. Thrift retail stores shall operate primarily in a retail capacity, maintaining the display of products for sale on racks, shelving and display areas, at no time shall the donation and receiving area exceed twenty (20) percent of the overall floor area. {Editing Note: Sec. 16-3.07.020 only, all other sections to remain as currently written} Chapter 3: Zoning and Land Use Requirements
Article 10: Commercial Districts
Sec. 16-3.10.060: Design guidelines
(b) Site Planning and Design. Site planning refers to the arrangement of buildings and parking areas, the size and location of pedestrian spaces and landscaping, and how these features relate to one another. Site design addresses the scale and size of outdoor spaces, spaces between buildings and parking areas and the relationship of site elements that create a comfortable pedestrian environment.
(9) Landscaping. Landscaping within commercial developments shall create a sense of place by establishing a unique and inviting frontage design that incorporates landscape design elements, varying rock sizes and dense plantings that are unique to the project frontage and shall conform to Section 13.60 of the Victorville Municipal Code while incorporating Water Conservation Ordinance 2114 and should incorporate the following design standards:

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This formal planting area helps to create a visually stimulating landscape. i. Native and low water use plants shall be used in developing the landscaping palette for a project (City Ordinance 2114).
ii. Landscaping should consist of 24-inch, 36-inch and 48-inch box trees (15-gallon size in slopes), 5 and 15-gallon shrubs, and ground cover.
iii. Exposed dirt is prohibited.
iv.Bark or wood mulch is Wood chips are prohibited as a permanent and primary form of ground cover.
v.Decorative rock, with a minimum variety of three sizes/types, shall be used to cover areas that are not completely covered by plant material. Decorative rock shall not cover more than 25% of a planter area and shall have 3" base with weed barrier. Rock size should exceed three-quarter inch.
vi. A six-inch wide planter curbing is required along the perimeter of all landscaped areas. vii. All planter strips abutting a public right-of-way shall be a minimum of five feet in width and include six inch wide curbing abutting the required planter strip. viii. Where possible, infill projects should connect with adjacent landscaping by using similar plant types, sizes and arrangements.
ix. Landscaping should occur around the entire base of the building to soften the edge between the parking lot and the structure. This should be accented at entrances to provide focus.
x. Provide special landscaping treatments such as intensifying density (size and/or number) of trees and accent trees at all project entries. xi. Trees and shrubs should be located and spaced to allow for mature and long-term growth. Trees and shrubs should provide minimal root problems. xii. Formal planting designs and color-spots are encouraged in courtyards, plazas and in tree wells along the street frontages.

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xiii. Planting should be used to screen less desirable areas from public view, i.e., trash enclosures, parking areas, storage areas, loading areas and public utilities. Use evergreen trees to screen unsightly features on-site or off-site. (10) Parking Lot Area Planting. Landscaping within parking lots should be given special consideration. These guidelines should provide a parking lot designer with the direction needed to create a functional and attractive parking environment. i. Appropriate lighting and landscaping should be provided, including shade trees and lampposts style (Refer to lighting Section of these Guidelines). ii. Areas not used for vehicle parking or maneuvering, or for the movement of pedestrians to and from vehicles should be used for landscaping.
iii. Trees should be distributed throughout the parking lot so as to maximize the aesthetic effect and compatibility with adjoining uses.
iv. Trees should be located throughout a parking lot and not merely at the ends of parking rows. Trees should be sized at 24-inch box or larger at the time of installation so as to provide shade to parked cars and add aesthetic appeal to the project. v. Planter islands and landscape fingers should have a minimum interior dimension of five (5) feet and should be located throughout the parking lot and at the end of all parking rows.
vi. Where parking spaces or drive aisles abut an interior lot line, a landscaped planter strip should be installed.
vii. Trash enclosures and loading areas provided in the parking areas shall be screened with landscaping and wall materials.
viii. Trash enclosures should be separated from adjacent parking stalls by minimum 3-foot wide planters with low-growing plant materials to ensure that adequate space is available for passengers to access a vehicle in an adjacent parking space. {Editing Note: Sec. 16-3.10.060(b)(9) & (10) only,
all other sections to remain as currently written}

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Chapter 3: Zoning and Land Use Requirements
Article 11: Industrial Districts
Sec. 16-3.11.060: Design guidelines
(b) Site Planning and Design. Quality industrial site design should include controlled site access, service and loading areas located at the sides and rear of buildings, convenient access, visitor parking and on-site circulation, screening of outdoor storage, work areas, and equipment, emphasis on the main building entry and landscaping and landscaped open space.
(7) Landscaping
(i) Landscaping should be used to define areas by helping to focus on entrances to buildings, parking lots, and loading areas as well as defining the edges of various land uses, providing transition between neighboring properties (buffering), and providing screening for outdoor storage, loading and equipment areas. Enhanced planting, such as larger mature plants and/or closer spacing of plants, should be provided in areas highly visible from public views.
(ii) Native and low water use plants shall be used in developing the landscaping palette for a project (City Ordinance 2114).
(iii) Landscaping should consist of 24-inch, 36-inch and 48-inch box trees (15-gallon size in slopes), 5 and 15-gallon shrubs, and ground cover.
(iv) Exposed dirt is prohibited.
(v)Bark or wood mulch is Wood chips are prohibited as a permanent form of ground cover.
(vi) Decorative rock, with a minimum variety of three sizes/types, shall should be used to cover areas that are not completely covered by plant material. Exposed decorative rock shall not cover more than 25% of a planter area and shall have 3" base with weed barrier.
(vii)A six-inch wide planter curbing is required along the perimeter of all landscaped areas. (viii) All planter strips abutting a public right-of-way shall be a minimum of five feet in width and include six inch wide curbing abutting the required planter strip. (ix) Landscaping should be in scale with adjacent buildings and be of appropriate size at maturity to accomplish its intended goals.

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Accent planting enhances building entries.
(x) Use of vines on walls is appropriate in industrial areas because such walls often tend to be large and blank.
(xi) Trees should be located throughout the parking lot and not simply at the ends of parking aisles. (Refer to the "Parking Lot Area Planting" Section). (xii)Trees and shrubs should be located and spaced to allow for mature and long-term growth. Trees and shrubs should provide minimal root problems. (xiii) Landscaping should occur at the entire base of the building to soften the edge between the parking lot and the structure. Accent planting should be used around entries and key activity hubs.
(xiv) Planting should be used to screen less desirable areas from public view, i.e., trash enclosures, parking areas, storage areas, loading areas, public utilities, and mechanical equipment.
(8) Parking Lot Area Planting
(i) Appropriate lighting and landscaping should be provided, including shade trees and lampposts style (Refer to lighting Section of these Guidelines).

Trees should be located throughout the parking lot and not merely at the ends of parking rows.

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(ii) Areas not used for vehicle parking or maneuvering, or for the movement of pedestrians to and from vehicles should be used for landscaping.
(iii) Trees should be distributed throughout the parking lot so as to maximize the aesthetic effect and compatibility with adjoining uses.
(iv) Trees should be located throughout a parking lot and not merely at the ends of parking rows. Trees should be sized at 24-inch box or larger at the time of installation so as to provide shade to parked cars and add aesthetic appeal to the project. (v) Planter islands and landscape fingers should have a minimum interior dimension of five (5) feet and should be located throughout the parking lot and at the end of all parking rows.
(vi) Where parking spaces or drive aisles abut an interior lot line, a landscaped planter strip should be installed.

Attractive looking walls can be made using various materials and textures and by breaking up the wall plane.
(vii)Trash enclosures and loading areas provided in the parking areas shall be screened with landscaping and wall materials.
(viii) Trash enclosures should be separated from adjacent parking stalls by minimum 3- foot wide planters with low-growing plant materials to ensure that adequate space is available for passengers to access a vehicle in an adjacent parking space. {Editing Note: Sec. 16-3.11.060(b)(7) & (8) only,
all other sections to remain as currently written}

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Chapter 3: Zoning and Land Use Requirements
Article 24: General Development Requirements and Exceptions Sec. 16-3.24.030: Landscape standards
The purpose of the landscaping requirements in this Section shall be to protect the general welfare by enhancing, conserving and encouraging pleasant and attractive surroundings in all zones of the City.
(a) General provisions applicable to all new development and existing lots:
(1) All landscaping shall be in accord with Section 13.60 of this Code and installed with a permanent irrigation system.
(2) All landscaped areas shall be maintained in a neat, clean, orderly and healthful condition.

This includes proper pruning, mowing of lawns, removal of weeds, removal of litter, fertilizing, and replacement of plants where necessary, the regular watering of all plants and the repair of landscape edging/curbing. Property owners shall provide a means to keep decorative rock in-place (i.e. landscape edging, mow curbing, etc.). (3) All areas landscaped with decorative rock, pea gravel or decomposed granite (DG) shall include an unexposed permanent weed barrier. The weed barrier shall be opaque, breathable and permeable as well as durable (does not stretch or tear using bare hands).

Excluding single-family homes, weed barrier installation may be waived by the Planning Commission or Zoning Administrator if the soil is treated with a pre-emergent weed application prior to rock installation and the landscaping is regularly maintained by a licensed commercial landscaping business. Decorative rock shall be contained in place with the use of landscape edging/curbing to prevent scattering onto the sidewalk or driveways. All areas landscaped with decorative rock shall be treated and/or maintained regularly to control weeds.
(4) All front yard areas installed with drought tolerant landscaping or those converted from water intensive landscaping to drought tolerant landscaping, must permanently remain drought tolerant in accord with Section 13.60.
(b) Single-family landscape standards.
(1) Front yard landscape standards
(i) This section applies to all landscaping installed in small tract lots in conjunction with a building permit for a primary dwelling unit issued after 1-20-2015, the effective date of Ordinance No. 2322, and includes those installed as a part of a tract development or individual single-family homes.
(ii) All front and street yards visible from the street shall be covered with landscaping, excluding paved driveways and walkways, which shall be well-maintained and free of weeds.
(iii) All required front and street side yard areas, shall have a minimum of fifty (50) percent landscaping free of paved parking and driveway areas. Any areas used for pedestrian access or other landscape features utilizing paved areas shall be permitted administratively at the discretion of the Zoning Administrator or his designee.

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(iv) Decorative rock, with a minimum variety of three sizes/types and minimum depth of 3”, shall be used as a permanent and primary form of groundcover within the front yard. Bark or wood mulch within the front and street side yard shall not be used as a permanent or primary form of ground cover within landscape areas, unless located within a flowerbed that is regularly maintained.
(v) Front and street side yard landscaping shall at a minimum include an arrangement or combination of trees (fifteen gallon minimum), shrubs, and live ground cover that is irrigated by an automatic drip or sprinkler watering system. In no case shall decorative rock exceed fifty (50) percent of landscaped area, which shall be calculated by excluding the spread of plants at maturity.
(vi) Front and street side yard landscaping shall be maintained with the requisite minimum amount and size of trees, shrubs, and live ground cover that was installed and approved in conjunction with the building permit that authorized its original installation. (2) Non-conforming front yard landscape standards
(i) This section applies to all existing landscaping within small tract lot subdivisions that was installed before the effective date of Ordinance No. 2322, 1-20-2015. (ii) All front and street yards visible from the street shall include landscaping, excluding paved driveways and walkways, which shall be well-maintained and free of weeds. (iii) All required front and street side yard areas shall have a minimum of fifty (50) percent free of paved parking and driveway areas. Any areas used for pedestrian access or other landscape features utilizing paved areas shall be permitted administratively at the discretion of the Zoning Administrator or his designee. (iv) Decorative rock with a minimum depth of 3” shall be used as a permanent and primary form of groundcover. Bark or wood mulch within the front and street side yard shall not be used as a permanent or primary form of ground cover within landscape areas, unless located within a flowerbed that is regularly maintained. Exposed dirt is prohibited.
(v) Front and street side yard landscaping shall at a minimum include an arrangement or combination of trees (fifteen gallon minimum), shrubs, and live ground cover that is irrigated by a drip or sprinkler watering system. Plant material should produce a minimum twenty-five (25) percent yard coverage calculated at plant maturity. In no case shall exposed decorative rock exceed seventy-five (75) percent of the landscaped area at maturity.
(vi) Should applicable city records be available for confirmation, front and street side yard landscaping shall be maintained with a matching amount and size of trees, shrubs, and live ground cover that was installed and approved in conjunction with the building permit that authorized its original installation, if in compliance with Water Efficient Landscaping standards outlined in Chapter 13.60 of Title 13 of this Code. (1) All front and street side yards visible from the street shall be covered with landscaping, excluding paved driveways and walkways.
(2) All required front and street side yard areas, shall have a minimum of fifty (50) percent landscaping free of paved parking and driveway areas. Any areas used for pedestrian access or other landscape features utilizing paved areas shall be permitted administratively at the discretion of the Zoning Administrator or his designee.

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(3) Bark or mulch within the front and street side yard shall not be used as a permanent form of ground cover within landscape areas, unless located within a flowerbed that is regularly maintained.
(4) Front and street side yard landscaping shall at a minimum include an arrangement or combination of trees (fifteen gallon minimum), shrubs, and live ground cover. In no case shall decorative rock exceed fifty (50) percent of landscaped area, which shall be calculated by excluding the spread of plants at maturity. (5)(3)Exceptions to single-family landscape standards:
(i) Existing small tract lots covered with landscaping and well-maintained, as so required by this Title, shall not be required to comply with subsection (4). (ii) Existing non-small tract lots shall not be subject to subsections (1) and (2) through (4); however, any lot with previous or currently existing landscaping shall be maintained and free of weeds, as required by this Title or any associated entitlement. (c) Multi-family landscape standards. All areas of the site not occupied by buildings, improvements for the storage of vehicles and access thereto, or improved recreational facility shall be landscaped. Submission of a landscape plan shall be required for all multi-family residential housing. All existing multi-family residential housing that fails to comply with this regulation shall have two years from the effective date of approval of the requirements to submit and gain approval of a landscape plan and install said landscaping. Landscape plans shall be submitted for administrative approval in accordance with the following standards:
(1) The type of plants used for landscaping shall be able to survive in the local climate. (2)Decorative rock, with a minimum variety of three sizes/types, shall be used as a permanent form of groundcover. Bark or wood mulch shall not be used as a permanent and primary form of ground cover within landscape areas, unless located within a flowerbed that is regularly maintained. Exposed dirt within landscaped areas is prohibited.
(3) Plans shall include a variety of plant types such as ground covers, shrubs, trees and turf. The use of decorative rock shall not exceed 25% of the landscape area. Further, the landscape plan shall include the maximum spacing of all plants as follows:
(i) Ground cover - eighteen inches on center.
(ii) One gallon plants - three feet on center.
(iii) Five gallon plants - five feet on center.
(4) Plants used for required screening purposes (trash enclosures, storage areas, utility equipment) shall be a minimum of five gallon size and spaced at a maximum of four feet on center.
(5) Every site shall contain at least two 24-inch box trees for each half acre of lot size. (6) Parking lots within multi-family developments shall meet the development standards listed within subsection (d).
(d) Landscaping requirements for nonresidential lots and parking areas are as follows:
(1) All non-residential lots which abut a dedicated street shall have a planter strip along the entire property abutting the dedicated street, excluding all driveway approaches. The planter strip shall have a minimum interior width of five feet. Properties along Highways 18 (Palmdale Road) and 395 shall have a planter strip with a minimum interior width of Resolution No. P-25-006 - PLAN24-00023 January 8, 2025

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ten feet to accommodate any applicable development standards for landscape palettes for thoroughfares.
(2) All nonresidential parking areas requiring four or more parking stalls shall provide the following interior and peripheral landscaping:
(i) All landscaping areas shall be surrounded by a concrete curb or other approved curbing having a minimum height and width of not less than six inches, including planters that abut the public right-of-way sidewalk. Landscaped areas without curbing may be substituted upon review and approval of the Zoning Administrator. (ii) A minimum five-foot interior width landscape planter strip where any parking spaces and/or drive aisles abut an interior lot line or building. (iii) One twenty-four-inch box tree with approved ground cover for every eight parking spaces evenly dispersed throughout the parking area within landscape fingers or tree wells:
(A) Landscape fingers and tree wells shall have a minimum interior width of five feet as measured perpendicularly from side curb;
(B) Tree wells are only permitted when parking spaces are in double stacked rows, unless otherwise approved by the Planning Commission when utilized to increase compliance with the Commercial Design Guidelines; and (C) Double stacked landscape fingers shall have a minimum of two twenty-four- inch box trees.
(iv) A minimum five-foot interior width planter island shall be located at the end of every parking aisle/row.
(v) All landscaping areas shall be surrounded by a concrete curb or other approved curbing having a minimum height and width of not less than six inches. Landscaped areas without curbing may be substituted upon review and approval of the Director of Planning.
(viv) All parking spaces abutting landscape areas shall include access and maintenance measures as follows:
(A) Landscape areas used as front parking space overhang area shall include two feet additional interior width and be paved in accordance with Figure 21- 3 entitled "Concrete Curb/Wheel Stop" or be landscaped with durable ground cover that will not damage vehicles and be designed exclusive of the minimum required planter widths; and
(B) Landscape areas abutting the side of parking spaces, excluding individual tree wells, shall include one foot additional interior width and be paved to allow for vehicle doors to open freely and not impede passenger access to or from vehicles.
(viivi) All landscaped areas shall be provided with a suitable permanent water system.
(viiivii) Required planters shall not exceed a three foot horizontal to one foot vertical slope ratio.

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(ixviii) Rock ground cover shall not exceed twenty-five percent of the total for any landscaped area and such structural features as fountains, pools or art works, but such objects alone shall not meet the requirements of this Section. (xix) The maximum spacing of all plants within the parking area is as follows:
(A) Ground cover—eighteen inches on center.
(B) One gallon plants—three feet on center.
(C) Five gallon plants—five feet on center.
(e) Landscaping Maintenance. All landscaped areas and approved curbing shall be maintained in a neat, clean, orderly and healthful condition. This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants where necessary, the regular watering of all planting and the repair of landscaped curbing.

Chapter 4: Subdivision Regulations (Private Development) Article 2: Tentative Maps
Sec. 16-4.02.030: Expiration of tentative map approval
(a) An approved or conditionally approved tentative map shall expire thirty-six forty-eight months after its approval or conditional approval. Additional automatic extensions to the approved or conditionally approved tentative map shall be in accordance with the Subdivision Map Act. (b) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission for any period deemed appropriate and allowed under the Subdivision Map Act. (c) For the purposes of tentative map expiration, "timely filing" of the final map, means the receipt of any outside agency approvals, compliance with conditions of approval, acceptance of improvement security after all required certificates or statements on the map have been signed and/or acknowledged, and completed plan check without required corrections. as provided for by Section 66452.6 (d) of the Subdivision Map Act, is defined as acceptance of the final map on mylar by the City Engineer, as well as the completion of the following requirements:
(i) Signed completion of all required certificates and statements (Surveyor’s or Engineer’s Statement, Owners’ Statement, County Auditor’s Certificate, and County Board of Supervisors’ Certificate);
(ii) Receipt of any outside agency approvals;
(iii) Compliance with the adopted Planning Commission or City Council Conditions of Approval, as applicable;
(iv) Acceptance of the subdivision improvement agreement and security; and (v)Submission of public improvement plans on mylar for approval by the City Engineer.

PLANNING COMMISSION

ATTACHMENT B
State Assembly Bill 2632 (2024)

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Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals. (2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either 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 legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 1/8 This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.

This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state- mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single- family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. 12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 2/8 (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 3/8 (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 4/8 (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. 12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 5/8 (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. 12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 6/8 SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.

However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or 12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 7/8 periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.

A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
12/18/24, 10:06 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 8/8

PLANNING COMMISSION

ATTACHMENT D
Eligible Tract Maps
PLAN24-00023
Eligible Tentative Tract Maps
Retroactive Tentative Tract Map Extensions
Case No. Number
of Lots
Approval
Date
Current
Expiration
Proposed
Expiration
Dev.

Agreement
PLAN20-00008 18 01/13/2021 01/13/2024 01/13/2025 N/A
PLAN18-00039 194 02/09/2022 02/09/2025 02/09/2026 N/A
PLAN22-00012 319 07/19/2022 07/19/2023 N/A 1 yr. Ext.

PLAN21-00040 152 8/10/2022 08/10/2025 08/10/2026 N/A
PLAN23-00004 6 03/08/2023 03/08/2026 03/08/2027 Wellness Ctr.

PLAN23-00013 319 07/12/2023 07/13/2026 N/A 1 yr. Ext.

PLAN22-00032 72 10/27/2023 10/27/2026 10/27/2027 N/A
PLAN22-00028 210 02/27/2024 02/24/2027 02/24/2028 N/A
PLAN23-00015 132 03/14/2024 03/14/2027 03/13/2028 N/A
PLAN21-00006 298 04/10/2024 04/12/2027 04/12/2028 N/A
PLAN22-00015 108 05/08/2024 05/10/2027 05/10/2028 N/A
PLAN21-00033 107 09/11/2024 09/13/2027 09/13/2028 N/A
PLAN22-00033 61 09/11/2024 09/13/2027 09/13/2028 N/A
PLAN22-00011 131 10/09/2024 10/11/2027 10/11/2028 N/A
PLAN22-00029 53 12/11/2024 12/13/2027 12/13/2028 N/A
PLAN21-00039 39 12/11/2024 12/13/2027 12/13/2028 N/A
Revision to Agenda
Item #4

Victorville City CouncilFebruary 18, 2025

Victorville City Council
February 18, 2025