City Council Chambers
707 W. Acequia Ave.
Visalia, CA
City of Visalia
City Council
Meeting Agenda - Final
Mayor Steve Nelsen
Vice Mayor Brian Poochigian
Council Member Greg Collins
Council Member Brett Taylor
Council Member Liz Wynn
City Council Chambers4:00 PMMonday, January 31, 2022
Special Meeting
ROLL CALL
CALL TO ORDER SPECIAL WORK SESSION - 4:00 PM
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.
Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
WORK SESSION AND ACTION ITEMS (as described)
1. Receive a presentation and update to the Caltrans State Route 63 / Mooney Rehabilitation (SR 198 to Caldwell), State Route 63 / Dinuba Bike Lanes (Houston to Robin), and Caldwell Avenue Interchange at State Route 99.
21-0656
2. Receive staff presentation on the Houston Avenue and Santa Fe Street Roundabout’s proposed landscape plan for the center of the roundabout and authorize project to proceed.
22-0036
3. Overview of approved State Senate Bill 9 and its potential implications on residential-zoned parcels in the City of Visalia, and consideration of follow-on actions including initiation of a Zoning Ordinance Text Amendment to add objective standards for "urban lot splits" allowed through Senate Bill 9.
22-0019
ADJOURN TO SPECIAL CLOSED SESSION
ADJOURNMENT
1 City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.
Visalia, CA
File #: 21-0656 Agenda Date: 1/31/2022 Agenda #: 1.
Agenda Item Wording:
Receive a presentation and update to the Caltrans State Route 63 / Mooney Rehabilitation (SR 198 to Caldwell), State Route 63 / Dinuba Bike Lanes (Houston to Robin), and Caldwell Avenue Interchange at State Route 99.
Deadline for Action: None.
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 John Liu, Caltrans Deputy District Director, [email protected], (559) 696-0249 Department Recommendation:
Staff recommends that the City Council receive the presentation from the California Department of Transportation (Caltrans) regarding three of their projects affecting the City of Visalia in the near future. Those projects are:
1. State Route 63 (Mooney) rehabilitation
2. State Route 63 (Dinuba) Bike Lanes
3. Caltrans Caldwell Avenue Interchange Improvements (at SR 99), Background Discussion:
California Department of Transportation (Caltrans) will present three projects that are occurring within the Caltrans operated and maintained roadways. Below is a brief scope of work and summary of the project.
State Route 63 - Visalia Mall Rehabilitation (Caltrans Project #06-0X700):
This Capital Preventative Maintenance (CAPM) project proposes to preserve and extend the life of the existing asphalt concrete pavement on a 2.2 mile segment of State Route 63 (Mooney Blvd.) from
0.2-miles south of Caldwell Avenue north to State Route 198. The project will remove and replace
0.15 feet of pavement, upgrade select traffic signals and sign panels, and update curb ramps. Class II bike lanes will be added to Mooney Blvd. by narrowing travel lanes from 12 feet to 11 feet. The project is scheduled to begin construction in the fall of 2023.
State Route 63 - Bike Lanes (Caltrans Project #06-1B130):
This 0.8 mile long project on State Route 63 (N. Dinuba Avenue) proposes to place Class II bike lanes between W. Houston Avenue and W. Robin Drive. A slurry seal will be placed, and travel lanes will be narrowed from 12 feet to 10 or 11 feet. Green paint would be placed in conflict areas. The project is anticipated to begin construction in the fall of 2022.
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2 File #: 21-0656 Agenda Date: 1/31/2022 Agenda #: 1.
State Route 99 - Avenue 280 (Caldwell Ave.) Interchange (Caltrans Project #06-48740):
The existing interchange on State Route 99 at Avenue 280 is proposed to be replaced with a diamond interchange with roundabouts at both ramp terminals. The existing structures over State Route 99 and the railroad will be replaced with new bridges that will be raised and have two through lanes in each direction. To accelerate the construction schedule and reduce costs, a full closure of the bridges over State Route 99 and the railroad is being proposed while the new bridges are being constructed. Some ramp movements will be available at different construction stages. The project is anticipated to begin construction at the end of 2023.
Fiscal Impact:
There is no City fiscal impact at this time. Each of these three projects are programmed by Caltrans without any financial obligation by the City.
Prior Council Action:
N/A
Other:
None
Alternatives:
None
Recommended Motion (and Alternative Motions if expected):
For informational only, no action required.
Environmental Assessment Status:
None
CEQA Review:
N/A
Attachments:
1. Presentation
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3 Caltrans Project Updates
SR-63 Mooney Blvd Rehab
SR-63 N Dinuba Blvd Bike Lanes
SR-99 Caldwell Ave Interchange
John Liu, Deputy District Director
Caltrans District 6 Maintenance and Operations
January 31, 2022
4 Presentation
1. Complete streets policy
2. Safe System Approach
3. Class II bike lane
4. State Route 63 Mooney Blvd Capital Preventative
Maintenance Project (CAPM)
5. State Route 63 N Dinuba Blvd Bike Lane Project
6. Avenue 280 (Caldwell Avenue) interchange project
on State Route 99
5 Complete Streets
The California Department of Transportation (Caltrans) recognizes that walking, biking, transit, and passenger rail are integral to our vision of delivering a brighter future for all through a world-class transportation network. Additionally, Caltrans recognizes that streets are not only used for transportation but are also valuable community spaces.
Accordingly, in locations with current and/or future pedestrian, bicycle, or transit needs, all transportation projects funded or overseen by Caltrans will provide comfortable, convenient, and connected complete streets facilities for people walking, biking, and taking transit or passenger rail unless an exception is documented and approved. 6 Safe System
Approach
Principles
•Death/serious injury is
unacceptable
•Humans make mistakes
•Humans are vulnerable
•Responsibility is shared
•Safety is proactive
•Redundancy is crucial
7 Safe System
Approach
Elements
•Safe road users
•Safe vehicles
•Safe speeds
•Safe roads
•Safety is proactive
•Post-cash care
8 Class II Bike Lane
•Typical 5-foot wide bike lane
•Green paint placed in conflict areas
•Sharrows will be placed in right-turn lanes
9 SR-63 Mooney Blvd CAPM
10 SR-63 Mooney Blvd CAPM
•2.2-mile segment of Mooney Blvd from 0.2 miles south of Caldwell Avenue to SR-198
•Remove and replace 1.8 inches of asphalt concrete
pavement
•Upgrade traffic signals, sign panels, and curb ramps
•5-foot Class II bike lanes will be added by narrowing travel lanes from 12 feet to 11 feet in general, with green paint in conflict areas
•$11.8 million construction cost
•Construction scheduled for fall of 2023
11 SR-63 Mooney Blvd Pavement Rehab
12 SR-63 Mooney Blvd Pavement Rehab
13 SR-63 N Dinuba Blvd Bike Lanes
•0.8-mile segment of N Dinuba Blvd from W Houston Avenue to W Robin Drive
•Slurry seal will be placed, and travel lanes will be narrowed from 12 feet to 10 or 11 feet
•5-foot Class II bike lanes with green paint in conflict areas •Construction anticipated in the fall of 2022 or spring of 2023 14 SR-63 N Dinuba Blvd Bike Lanes
15 SR-63 N Dinuba Blvd Bike Lanes
16 Caldwell Ave Interchange Project
•Replacement of existing interchange with a tight diamond interchange with roundabouts
•Existing bridge replaced with a wider bridge with more vertical clearance to the freeway
•To accelerate the construction schedule and reduce costs, a full closure of the bridges over SR-99 and the railroad is being proposed while the new bridges are being constructed; some ramp movements will be available at different construction stages
•$42 million construction cost
•Construction scheduled to begin at the end of 2023
17 Caldwell Ave Interchange Project
18 19
Stage 1
20 Stage 2
21 Stage 3
22 Stage 4
23 City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.
Visalia, CA
File #: 22-0036 Agenda Date: 1/31/2022 Agenda #: 2.
Agenda Item Wording:
Receive staff presentation on the Houston Avenue and Santa Fe Street Roundabout’s proposed landscape plan for the center of the roundabout and authorize project to proceed.
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends that the City Council consider the staff presentation on the Houston and Santa Fe Roundabout landscape plan and approve the project to move forward.
Background Discussion:
On March 8, 2011, the Houston Avenue widening project from Santa Fe Street to Ben Maddox Way, which included construction of the roundabout at Houston Avenue and Santa Fe Street, was completed.
Construction at the roundabout included irrigation, shrubs, and mulch. Since completion of the project in 2011, the shrubbery has since died and only mulch remains in place.
Due to design constraints dictated by the location of multiple active sewer/storm drain service access holes located within the roundabout landscaping limits, there are challenges in creating a more elaborate landscape design at this location similar to those located in the surrounding Shannon Ranch area or Tulare Santa Fe roundabout. As such, the roundabout landscape design will need to incorporate an access road strategically configured for maintenance vehicles and staff to access the access holes for periodic maintenance. The circle includes a total of three sewer/storm drain service access holes. In addition, the access road must be configured in a way not easily driven onto by inadvertent drivers.
In October 2020, landscape concept design options (A, B, or C) were presented to the City Council that included an access path and a design that was generally based on direction the City Council had provided for the roundabout at Santa Fe Street and Tulare Avenue. The direction provided by City Council was to proceed with Option A, which was comprised of low shrubs, boulders, and fountain grasses (see attached Option A Concept). Additional comments received from City Council were that the design have a commercial design (to look at In ‘N Out’s), no mulch, and to have a good plant palette consisting of drought tolerant plants.
Other direction received was to look if there was power to the roundabout.
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24 File #: 22-0036 Agenda Date: 1/31/2022 Agenda #: 2.
Foundation (UTF) for design of the roundabout’s landscape feature.
The included conceptual landscape plan features 3’ to 6’ sized moss boulders, 4 to 8-inch crushed cobble for the access road, and rock mulch - gold in color in lieu of typical mulch. Staff believes, the design is in accordance with Option A (low shrubs, boulders, and fountain grasses) yet has sufficient similarities that allow it to share a connection with Santa Fe and Tulare. Though not shown, the design will also include bollards at both ends of the access road. The access path’scobble is sized to make it a challenge for a vehicle to drive on yet still accessible for City maintenance trucks.
Since this project will be landscaping a very visible and highly travelled street landmark, this item is before the City Council for any final comment on the landscape plan prior to moving forward with design. For the sake of transparency, this item is also an opportunity for any public comment and/or feedback.
Next steps are to complete design, prepare bid documents, and advertise the solicitation of bids for construction. Foregoing any unforeseen or significant changes, Staff estimates construction starting in July and will be completed in about 60 days.
Fiscal Impact:
This project is funded using Transportation Impact Fees (TIF) with an original budget of $69,500.
The project’s budget summary is as follows:
CIP0307 Houston - Santa Fe Roundabout Landscaping:
Project Budget
Transportation Impact (241) 69,500$
Project Costs
Expenses to Date:
Design 2,628$
Project Management 11,307$
(13,935)$
Landscape Design (UTF) (10,700)$
Available Project Funds: 44,865$
Construction and supporting costs are not shown in the above summary as putting together a credible estimate is highly dependent on any comment or direction provided by City Council. Any needed appropriation of funds will be made through the new 2-year CIP budget request process.
Prior Council Action:
October 5, 2020: Presentation on the Houston and Santa Fe Roundabout and provide direction regarding a preliminary concept landscaping plan the center of the roundabout.
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25 File #: 22-0036 Agenda Date: 1/31/2022 Agenda #: 2.
Recommended Motion (and Alternative Motions if expected):
I move to authorize Staff to move forward with the landscape design of the Houston and Santa Fe Roundabout based on the Conceptual Landscape Plan described herein.
Environmental Assessment Status:
N/A
CEQA Review:
Not at this time
Attachments:
Powerpoint Presentation
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26 January 31, 2022
Santa Fe & Houston Ave Roundabout
Conceptual Landscape Plan
27 Design constraints
Landscaping the Center
Santa Fe Street at Houston Avenue Roundabout
28 Santa Fe Street at Houston Avenue Roundabout
NORTH
SANTA FE ST.
Future
Santa Fe St.
29 Santa Fe Street at Houston Avenue Roundabout
Low Shrubs, Boulders, Fountain Grasses
30 31
Santa Fe Street at Houston Avenue Roundabout
32 Santa Fe Street at Houston Avenue Roundabout
33 Santa Fe Street at Houston Avenue Roundabout
34 Santa Fe Street at Houston Avenue Roundabout
35 Santa Fe Street at Houston Avenue Roundabout
36 Santa Fe Street at Houston Avenue Roundabout
37 City of Visalia
Staff Report
City Council Chambers
707 W. Acequia Ave.
Visalia, CA
File #: 22-0019 Agenda Date: 1/31/2022 Agenda #: 3.
Agenda Item Wording:
Overview of approved State Senate Bill 9 and its potential implications on residential-zoned parcels in the City of Visalia, and consideration of follow-on actions including initiation of a Zoning Ordinance Text Amendment to add objective standards for "urban lot splits" allowed through Senate Bill 9.
Deadline for Action: 2/7/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559)713-4636
Mike Olmos, Interim City Planner, [email protected] <mailto:[email protected]>, (559)713- 4449
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559)713-4025
Department Recommendation:
Staff recommends that the City Council provide comments and direction to staff regarding the local impacts of approved State Senate Bill 9, including direction on whether to initiate a Zoning Ordinance Text Amendment adding objective standards for “urban lot splits”.
This item is being presented to summarize Senate Bill 9, its potential implications on residential- zoned parcels in the City of Visalia, and potential issues that may prompt the adoption of objective standards to improve specificity to the State regulations. The Planning Commission received a similar report and presentation on October 11, 2021, wherein the item was discussed, and no specific recommendation was made.
Discussion:
Senate Bill 9 was approved by the Governor on September 16, 2021, and took effect on January 1, 2022. It amended Government Code Section 66452.6 (i.e., “SubdivisionMap Act”)and added Sections 65852.21 and 66411.7 to the zoning and subdivision regulations respectively (see Exhibit “A”). Among its provisions, this bill requires a city or county, including a charter city or county, to provide ministerial approval, not subject to public hearing or the California Environmental Quality Act (CEQA), of one or both of the following “projects”:
a) a housing development within a single-family residential zone containing no more than two residential units (i.e., duplex or second unit) that meets specified criteria (Section 65852.21 of the Government Code). b) a parcel map dividing a lot into two approximately equal parts (no smaller than 40% than the size of the original parcel) of not less than 1,200 square feet each for residential use (i.e., urban lot split) that meets specified criteria (Section 66411.7 of the Government Code).
These provisions together enable a single-family residential zoned property owner to have up to four units on their original property upon subdivision, since each parcel is eligible to have two residential units. Prior to SB 9, single-family residential zoned parcels could have up to three units with the inclusion of one detached or attached accessory dwelling unit (ADU) and one junior accessory dwelling unit (JADU), up to 500 square feet, within the primary residence. Parcels associated with an urban lot split under SB 9 however are not eligible for a third unit, in the form of an additional ADU or City of Visalia Printed on 1/28/2022Page 1 of 4
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38 File #: 22-0019 Agenda Date: 1/31/2022 Agenda #: 3.
JADU (Section 65852.21 (f)).
It is solely up to a property owner if they want to initiate such action. Although no discretionary permit is needed for the lot split, the homeowner is still responsible for financing the cost of the lot split filing fees, construction of the residences, and any applicable building permit and impact fees. The Community Development Department will also require a filing fee for the processing of a final parcel map, as established in its SB 9 Implementation Policy (see Exhibit “B”).
A property owner can decide whether to leave their existing primary residence and subdivide the property, provided they have ample space for the additional unit(s), or to demolish the existing primary residence and construct all new units that can fit on the property. A property owner can demolish more than 25% (or all) of the primary residence’sexisting external structural walls if the residence has not been occupied by a tenant (i.e., renter) in the last three years (Section 66852.21 (a)(5)).
Projects associated with SB 9 are subject to the following requirements or specified criteria:
· The project must be located within an urbanized area or urban cluster, as defined (Section 65852.21 (a)(1)), and not be located on certain protected land including prime farmland or in a floodplain that does not have adequate mitigation. (<https://focus.senate.ca.gov/sb9>)
· The project shall not require demolition or alteration of any housing that is subject to rent control, restricted to affordable rent levels, or occupied by tenants within the last three years. (Section 65852.21 (a)(3)) · The project must not be a site in an historic district or listed on a historic register. (Sections 65852.21 (a)(6)); 66411.7(a)(3)(E))
· The project shall meet the local jurisdiction’s objective standards for zoning, subdivision, and design review, though local standards cannot preclude a lot from having two units with each having at least 800 square feet of floor area and a side and rear yard setback of no less than four feet. (Sections 65852.21 (b); 66411.7(c)) · A jurisdiction may require up to one off-street parking space per unit, except when a parcel is located with one- half mile of a high-quality transit corridor or major transit stop. (Sections 65852.21 (c); 66411.7 (e)) · A jurisdiction must restrict the rental term of any unit created under this bill to a term of more than 30 days. (Sections 65852.21 (e); 66411.7(h))
· For lot splits, the property owner must sign an affidavit stating that they intend 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 lot split. (Section 66411.7 (g))
Impact on City of Visalia:
At this time, the City has not received any project submittal in response to SB 9, though the City regularly receives inquiries from interested parties. Because of the recent approval of this legislation, it is difficult at this point to predict its impact on California, let alone Visalia. In recent years, prior to the signing of SB 9, other cities and states have passed similar legislation that have been dubbed as “ending single-family residential zoning”. Though staff has not researched any specific jurisdictions, it is arguable that there has not been enough response to such laws to result in a significant change in character within neighborhoods.
In June 2020, a study issued by the Terner Center for Housing Innovation at UC Berkeley stated that SB 9 development would be realistic in only about 410,000 parcels in California at most, or 5.4% of land with single-family houses in California. The cost alone for property owners having to demolish an existing residence and rebuild additional units would seem impractical for most owners.
Visalia has nearly 40,000 properties containing a single-family residential zone district (i.e. R-1). Approximately 500 lots will be ineligible for “second units” or “urban lot splits” because they have a historical designation. Properties located within a 100-year flood zones (i.e., floodplain) are still eligible for projects under SB 9 because the City has adequate mitigation standards for development in a flood zone.
Regarding parking, SB 9 allows for jurisdictions to impose a requirement for one vehicle per unit, unlike the City’scurrent codes regarding ADUs. Visalia can impose this requirement, even though its Zoning Ordinance exempts additional parking spaces in certain cases. In examining Visalia’sdeveloped residential parcels, most parcels do not have enough width on a side yard (i.e., 10 feet or more) to accommodate a driveway accessing a lot derived from the rear yard of a single-family residence.
Certain issues may arise over time if property owners in Visalia take advantage of this legislation. For example, in certain older developed parts of town, the City may not be able to assign new “standard”address numbers to one or more new City of Visalia Printed on 1/28/2022Page 2 of 4
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39 File #: 22-0019 Agenda Date: 1/31/2022 Agenda #: 3.
older developed parts of town, the City may not be able to assign new “standard”address numbers to one or more new residences if there are no gaps in address numbers between residences (e.g., 101, 103, 105, etc.). Also, a significant increase in units on a block or in a neighborhood could increase infrastructure demands beyond the capability of current services.
City of Visalia Implementation Policy:
Staff has prepared a “SenateBill 9 Implementation Policy”(see Exhibit “B”)as an internal policy paper that establishes a summary of SB 9 provisions contained in State law, City requirements for an urban parcel split, and procedures for an urban lot split. The Implementation Policy provides guidance for persons seeking a project under SB 9. It cannot and does not, however, impose standards that aren’t already codified in the Zoning Ordinance or excepted under SB 9.
Objective Standards:
The City may seek to take steps to minimize any potential impacts from additional residential units in single-family residential zones, including but not limited to a Zoning Ordinance Text Amendment (ZTA) to adopt additional objective standards that are not preempted by State code. The State allows local jurisdictions to adopt ordinances that include customized development standards for the applicable zone, such as height, front setbacks, lot coverage, etc., as long as the standards are objective and do not preclude development of, at a minimum, two 800 square foot units on each parcel.
Staff research has found that several California cities have already adopted urgency ordinances to implement objective standards, typically addressing setback, covenant, and affordability issues.
Staff has prepared a list of provisions that should be addressed in a ZTA in the form of objective standards. These provisions seek to minimize adverse impacts associated with the intensification of single-family residential zoned lots.
Recommended standards are:
· Height limit on structures located within the rear yard of the original property · Front yard setback and garage/carport setback applicable to all lots · Increasing side and rear yard setback requirements from four feet to five feet. · Requirement of one on-site covered parking space with driveway access · Requirement of a refuse storage area concealed from view · Clarification on easements that would enable pedestrian, vehicle, utility, or other access from right-of-way to each residence
· Requirement of a recorded covenant for each SB 9 development agreeing to no short-term rental usage and owner occupancy on the property for a minimum of three years.
Additional Allowances of Senate Bill 9:
In addition to the allowance of two residential units on a lot and a parcel split, the bill also provides for the creation of accessory dwelling units (ADUs) by local ordinance. This is a moot point for the City of Visalia since the City already has an adopted ordinance that provides for the creation of ADUs.
The bill also makes two amendments to the Subdivision Map Act (Section 66452.6) regarding the life of approved tentative maps - one of which has no impact on Visalia while the other does. First, the bill extends the additional period that a subdivision may be approved for a time extension, from one year to two years. This is a moot point for the City of Visalia since the City’sSubdivision Ordinance already permits time extensions up to four years beyond a map’sinitial approval, not counting for any additional time extensions that have been approved by state legislation. Second, the bill extends the period that each filing of a final map extends a map, from three years to four years, provided that the subdivider is expending a certain amount of money towards off-site public improvements.
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40 File #: 22-0019 Agenda Date: 1/31/2022 Agenda #: 3.
Fiscal Impact:
There are no fiscal implications associated with this item, however additional staff time is anticipated in the review process associated with Senate Bill 9. Existing staff time has been used to prepare a policy paper, and additional staff time will be needed to develop a checklist to supplement applications submitted for a parcel map / urban lot split. The cost of staff time associated with the review of a “final parcel map”, upon review and approval by the Site Plan Review Committee, will be covered through the payment of the final map filing fee as previously established by the City Council.
Prior Council Action: None.
Alternatives:
1. Take No Action. Staff would implement the SB 9 regulations as written and implement applicable Municipal Code regulations.
2. Adopt an Urgency Interim Zoning Ordinance Text Amendment (ZTA). While staff would still carry out the provisions of SB 9 under this ordinance, the interim ZTA would provide improved specify to the regulations and prevents unintended consequences of relying solely on the provisions contained in SB 9. An urgency ordinance requires a 4/5 Council vote for passage, and would have a term of 45 days, with a subsequent allowed extension of 10 months and 15 days.
Recommended Motion (and Alternative Motions if expected):
I move to direct staff to initiate a Zoning Ordinance Text Amendment to add objective standards for “urban lot splits” allowed under Senate Bill 9,
or
I move to direct staff to return to the City Council with an Urgency Interim Zoning Ordinance Text Amendment assessing objective standards for SB 9 projects.
Environmental Assessment Status:
No CEQA or environmental assessment is required in association with the initiation of a Zoning Ordinance Text Amendment or an Urgency Interim Ordinance.
CEQA Review:
No CEQA or environmental assessment is required in association with the initiation of a Zoning Ordinance Text Amendment or an Urgency Interim Ordinance.
Attachments:
1. Exhibit “A” - Senate Bill 9 as Chaptered
2. Exhibit “B”- City of Visalia Community Development Department Senate Bill 9 Implementation Policy
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41 Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning La w provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, w ould require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially , without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and f amilies of moderate, lo w, or very low income, that the proposed housing de velopment does not allo w for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the de velopment is not located within a historic district, is not included on the State Historic Resources In ventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objecti ve design standards, as defined, unless those standards w ould ha ve the ef fect of ph ysically precluding the construction of up to 2 units or ph ysically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the le gislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24
94 4283
months after its appro val or conditional appro val or after an y additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split w ould not require the demolition or alteration of housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to le vels affordable to persons and families of moderate, lo w, or v ery low income, that the parcel is located within a single-f amily residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving an urban lot split, including, b ut not limited to, authorizing a local agency to impose objecti ve zoning standards, objecti ve subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affida vit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the appro val of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill w ould prohibit a local agenc y from imposing an y additional owner occupancy standards on applicants. By requiring applicants to sign affida vits, thereby e xpanding the crime of perjury , the bill w ould impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described abo ve, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may ha ve a significant ef fect on the en vironment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 pro vides for the planning and regulation of de velopment, under a coastal de velopment permit process, within the coastal zone, as defined, that shall be based on v arious coastal resources planning and management policies set forth in the act. 94 — 2 — Ch. 162
4384
This bill would exempt a local agency from being required to hold public hearings for coastal de velopment permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing de velopment containing no more than two residential units within a single-f amily residential zone shall be considered ministerially, without discretionary re view or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing de velopment is located within a city , the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or , for unincorporated areas, a le gal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or an y local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing de velopment is not a parcel on which an o wner of residential real property has e xercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the de velopment proponent submits an application.
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(5) The proposed housing de velopment does not allo w the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources In ventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding an y local la w and e xcept as pro vided in paragraph (2), a local agenc y may impose objecti ve zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objecti ve zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agenc y may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to an y conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite w astewater treatment system, a percolation test completed within the last 5 years, or , if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the e vidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdi vision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 4 — Ch. 162
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no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agenc y shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdi vision (b), an application shall not be rejected solely because it proposes adjacent or connected structures pro vided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing de velopment contains tw o residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objecti ve zoning standards, ” “objecti ve subdi vision standards,” and “objecti ve design re view standards” mean standards that involve no personal or subjecti ve judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion a vailable and kno wable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternati ve objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city , county, or city and county , whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the follo wing requirements:
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(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area pro vided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as pro vided in subparagraph (B), both ne wly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split w ould not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an o wner of residential real property has exercised the o wner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the o wner of the parcel being subdi vided nor an y person acting in concert with the o wner has pre viously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 6 — Ch. 162
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2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agenc y shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding an y local law, a local agenc y may impose objecti ve zoning standards, objecti ve subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objecti ve design re view standards that w ould have the ef fect of ph ysically precluding the construction of tw o units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the b uilding official mak es a written finding, based upon a preponderance of the e vidence, that the proposed housing de velopment project would have a specific, adv erse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the ph ysical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to an y conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels ha ve access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affida vit stating that the applicant intends to occup y one of the 94 Ch. 162 — 7 —
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housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Re venue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agenc y shall not impose additional o wner occupanc y standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding an y pro vision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agenc y shall not be required to permit more than two units on a parcel created through the e xercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means an y dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing o verlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city , county, or city and county , whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 8 — Ch. 162
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considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its appro val or conditional appro val, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. Ho wever, if the subdivider is required to expend two hundred thirty-six thousand se ven hundred ninety dollars ($236,790) or more to construct, impro ve, or finance the construction or improvement of public impro vements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall e xtend the e xpiration of the appro ved or conditionally approved tentative map by 48 months from the date of its expiration, as pro vided in this section, or the date of the pre viously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of tw o hundred thirty-six thousand se ven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the state wide cost inde x for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentati ve and v esting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdi vision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a de velopment moratorium, imposed after approval of the tentati ve map, is in e xistence. However, the length of the moratorium shall not exceed five years.
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(2) The length of time specified in paragraph (1) shall be e xtended for up to three years, b ut in no e vent be yond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that appro ved or conditionally appro ved the tentati ve map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as w as left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentati ve map is or w as pending in a court of competent jurisdiction, if the stay of the time period is appro ved by the local agenc y pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agenc y, the subdi vider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for re viewing the requests, including, b ut not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the appro ved or conditionally appro ved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentati ve map shall be filed with the le gislative body without first processing a ne w tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, appro ving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surv eyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally appro ved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agenc y authorized to appro ve or conditionally approve tentative maps for a period or periods not e xceeding a total of six years. The period of e xtension specified in this subdi vision shall be in addition to the period of time pro vided by subdi vision (a). Before the expiration of an appro ved or conditionally appro ved tentative map, upon an application by the subdi vider to e xtend that map, the map shall automatically be e xtended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agenc y denies a subdi vider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
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(f) For purposes of this section, a de velopment moratorium includes a water or sewer moratorium, or a w ater and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agenc y with the authority to appro ve or conditionally appro ve the tentati ve map, which thereafter prevents, prohibits, or delays the appro val of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its o wn action or inaction w as prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agenc y, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. Ho wever, nothing in this subdi vision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whiche ver is later . A de velopment moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the f ailure or refusal, e xcept that the de velopment moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agenc y to convey the necessary property interest for a f air market value, paid in a reasonable time and manner.
SEC. 4. The Le gislature finds and declares that ensuring access to affordable housing is a matter of state wide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Go vernment Code and Section 3 of this act amending Section 66452.6 of the Go vernment Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agenc y or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 — 11 —
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because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Go vernment Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
O
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DRAFT
City of Visalia Community Development Department
SENATE BILL 9 IMPLEMENTATION POLICY
December 20, 2021
Senate Bill 9 was signed into law by Governor Gavin Newsom on September 16, 2021 and became effective on January 1, 2022. The legislation created a state-mandated local program aimed at increasing housing production and range of dwelling unit types.
SB 9 requires ministerial approval of up to two units on lots in Single Family Residential zones (duplex or second unit). SB 9 also allows lot splits “by right” in Single Family Residential zones (designated “urban lot split”). The minimum lot size in Visalia for a single family lot is 5,000 sf, while under SB 9, it can be as small as 1,200 sf. By these provisions, SB 9 permits a maximum of 4 dwelling units on the original single family lot (2 on each parcel). ( Note: Prior to SB 9, state law allowed 3 units per single family lot: main house, accessory dwelling unit, junior accessory dwelling unit.) SB 9 is directed at parcels located in a single family zone. In Visalia, the affected zoning districts are R-1- 5, R-1-12.5, and R-1-20. Regardless of zoning, SB 9 provisions cannot be implemented in a Historic District or on a state or locally designated Historic Property. (Visalia currently has four Historic Districts containing 768 properties, and 86 local historic register properties outside Historic Districts.) It is important to note that SB 9 authorizes to City to impose “objective zoning standards, objective subdivision standards and objective design review standards” unless the standards will physically preclude the construction of up to 2 units or physically preclude either of the two units from being at least 800 square feet in floor area, or conflict with other technical provisions of SB 9. The term “objective standards” refers to standards that involve no personal or subjective judgement by a public official and are established in a reference document (such as oning or subdivision ordinance) accessible to the public. In other words, the City may apply established development standards so long as they do not conflict with the provisions of SB 9 and are available for verification in a reference document readily accessible by the general public.
Residential Dwelling Units authorized by SB 9
A local agency must ministerially approve up to two (2) dwelling units on an existing parcel, or parcel created pursuant to SB 9, in Single Family Residential zones subject to the following:
• A “dwelling unit” includes, but is not limited to, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit, subject to the requirements of SB 9. 54 • With an Urban Lot Split, SB 9 permits a maximum of 4 dwelling units on the original single family lot (2 on each parcel created by the urban lot split).
• City standards for parcels created by urban lot splits must not physically preclude either of the two potential dwelling units from being at least 800 square feet in floor area. • Minimum setbacks for dwelling units constructed pursuant to SB 9 shall be four feet (4’) from the side and rear lot lines. No setback shall be required for an existing structure or a structure constructed in the same location and in the same dimensions as an existing structure (replacement structure).
• Off street parking may be required under SB 9 up to one space per unit, with certain exceptions.
For Visalia, the most pertinent exception pertains to location within ½ mile of a “High Quality Transit Corridor”, wherein the City cannot require off street parking spaces for residential units being developed via SB 9. Visalia has one High Quality Transit Corridor: Route 1 – Mooney Boulevard/Main Street.
• Rental of any dwelling unit created pursuant to SB 9 must be for a term longer than 30 days. • The City may deny a proposed SB 9 housing development project if the Building Official makes a written finding, based on the preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact 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.
Urban Lot Splits pursuant to SB 9
Urban lot splits are authorized by and subject to the provisions of SB 9. These provisions include, but are not limited, to the following:
• Following an urban lot split, both newly created parcels must each be a minimum of 1,200 SF in size.
• The new parcels shall have approximately equal lot area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. • The lot split cannot result in the demolition or alteration of a housing unit currently serving moderate, low, or very low income household(s), or classified as a rent controlled unit. • The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last 3 years.
• The City must require an affidavit from the applicant which states that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.
• The parcel proposed for an urban lot split cannot have been created by a previous SB 9 urban lot split.
• Uses on a lot created by an urban lot split shall be limited to residential uses. • The owner of the parcel being subdivided or another party acting in concert with the owner cannot perform an urban lot split on an adjacent parcel. 55 • Urban lot splits proposed pursuant to SB 9 must be approved ministerially (no public hearing or discretionary approval) and are exempt from CEQA.
• The City may not impose regulations or conditions to a parcel map that require dedications of right of way or construction of off-site improvements for an urban lot split. • The City may 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. • The City shall require conditions for a parcel map for an urban lot split including, but not limited to, the following:
o Easements required for the provision of public services and facilities. o A requirement that the parcels have access to, provide access to, or adjoin the public right of way.
o Off-street parking shall be provided at a ratio of one space per dwelling unit, except that dwelling units located within ½ mile of Visalia Route 1, a designated High Quality Transit Corridor, (or other parking exceptions listed in SB 9) shall have no off street parking requirement.
o Uses allowed on a lot created by an urban lot split be limited to residential uses. o The rental of any dwelling unit created by the urban lot split shall be for a term longer than 30 days.
o The applicant shall execute an affidavit, in a form approved by the City of Visalia, which states that they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of their urban lot split. o Side and rear yard setbacks for dwelling units constructed on parcels created by the urban lot split shall be a minimum of four feet (4’).
o Dwelling units constructed on the parcels created by the urban lot split shall be a minimum of 800 square feet in floor area.
Urban Lot Split procedure:
1. An urban lot split shall follow the procedures established in the Visalia Municipal Code for the processing of parcel maps (VMC Chapter 16.28), except that no Planning Commission review shall be required. The tentative parcel map shall be reviewed by the Site Plan Review Committee pursuant to Section 16.28.030 and the Committee shall be the decision making body to ministerially approve or deny the tentative parcel map.
2. Persons requesting urban lot splits shall be required to submit a tentative parcel map application to the City for review through the Site Plan Review process (VMC Chapter 17.28) for consideration by the Site Plan Review Committee.
3. The form and content of the tentative parcel map shall be as described in VMC Section
16.28.050.
4. The Site Plan Review Committee shall limit its review and approval of an urban lot split to a determination of whether the parcels resulting from the urban lot split will conform to building ordinances and the provisions of Senate Bill 9. The Site Plan Review Committee may apply objective zoning, subdivision and design review standards established by the City of Visalia in 56 reference documents that are available and knowable by the development applicant prior to submittal and do not conflict with the provisions of SB 9.
5. If the applicant is dissatisfied with the decision of the Site Plan Review Committee, they may appeal the decision in the manner prescribed in VMC Section 17.28.050.
6. Following approval by the Site Plan Review Committee, the tentative parcel map application may proceed to the final map stage. The applicant for the urban lot split shall deliver a final parcel map to the City Engineer and Community Development Director as prescribed in VMC Section 16.28.120. At the time of submitting the final map, the applicant shall pay the final map filing fee as established by the City Council
7. The time limit for a tentative parcel map for an urban lot split shall follow the limit established under VMC Section 16.28.090. Provisions for extending the time limit on an urban lot split shall follow the provisions for tentative parcel maps under VMC Section 16.28.090.
Attachment: Senate Bill 9
57 Senate Bill 9 Work Session
Visalia City Council, January 31, 2022
1 58
2 Senate Bill 9 Overview
•SB 9 was signed by the Governor on September 16, 2021, and became law on January 1, 2022
•The legislation creates a state-mandated local program aimed at increasing housing production and range of unit types
59 3
Senate Bill 9 Overview
• SB 9 requires ministerial approval of up to two units in Single Family Residential Zones (duplex or second unit)
• SB 9 also allows lot splits “by right” in Single Family Residential zones (urban lot split)
• The minimum lots size in Visalia for a single-family lot is 5,000 square feet • Under SB 9, it can be as small as 1,200 square feet
• SB 9 permits a maximum 4 dwelling units on original lot (2 on each parcel) • Pervious law allowed 3 unitsper lot (main house, ADU, JADU) 60 4
SB 9 - Location
•Must be located in a single-family residential zone.
• Visalia has three sub-zones: R-1-5, R-1-12.5, R-1-20
•Cannot not be in a Historic District or be a Historic Property. • Visalia has four Historic Districts containing 678 properties • Visalia has 86 local register properties outside districts •If the parcel is located within ½ mile of a high–quality transit corridor, the City cannot require parking spaces for each residential unit • Visalia has one: Route 1 - Mooney Boulevard / Main Street 61 5
SB 9 – Standards
•Following lot split, the new parcel must minimum 1,200 square feet; •A parcel resulting from a lot split cannot be smaller than 40% of the lot area of the original parcel;
•The City cannot impose any standards precluding the construction of up to two units, each having at least 800 sq. ft. in floor area; •A side and rear yard setback cannot be less than 4’;
•No setback is required from the existing structure;
•City can require one (1) off-street parking space per unit 62 6
SB 9 – Displacement / Income / Rent
•The lot split cannot result in the demolition or alteration of a housing unit currently serving moderate, low , or very low-income household(s), or a rent-controlled unit;
•Cannot demolish housing that is subject to rent or price control; •The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last three years, or a unit subjected to the Ellis Act within the last 15 years;
63 7
SB 9 - Overdevelopment
•The City must require an affidavit stating an applicant intends to occupy one of the housing units as their principal residence for minimum 3 years from the date of the urban lot split;
•A parcel cannot be created from a previous SB 9 lot split; •The same applicant cannot perform a lot split on adjacent lots. 64 Typical Mid-Age
Residential Lot
Lot Size: 8,400 sf
70’ x 120’
Side yards: 5 and 15 ft
8Public StreetDrawing Credit: City of Calabasas
5ft.15ft.
65 Jr. ADU
Current ADU LAW allows:
• A Junior ADU
(500 sf max), and
• A Freestanding ADU
(1,200 sf max)
A Total Of 3 Units
9Public Street
New ADU
Drawing Credit: City of Calabasas
66 SB 9 will allow:
• A Lot Split
- 40% min. of the
original lot w/no
setback required
to the original home
On an 8,400 sf lot
• 60% = 5,040 sf
• 40% = 3,360 sf
10Public Street
40%
60%
Drawing Credit: City of Calabasas
67 SB 9 will allow:
• A Lot Split
• A New Home
- 4 ft side and
rear yard setback
11Public Street
New Home
Drawing Credit: City of Calabasas
68 SB 9 will allow:
• A Lot Split
• A New Home
- 4 ft side and
rear yard setback
• Second unit or ADU
12Public Street
New Home 2nd
Unit
Drawing Credit: City of Calabasas
69 SB 9 will allow:
• A Lot Split
• A New Home
- 4 ft side and
rear yard setback
• A Second unit or ADU
• A Second unit or ADU
on the parcel of the
original home
A Total Of 4 Units
New Home
w/ 1 Car
Garage
2nd
Unit
2nd
Unit
13Public StreetDrawing Credit: City of Calabasas
70 17
SB 9 will allow:
A Total Of 4 Units
New Home 2nd
Unit
Current ADU Law allows:
A Total Of 3 Units
2nd
Unit
Public Street Public Street
SB9 ADU
Jr . ADU
ADU
Drawing Credit: City of Calabasas
71 18
SB 9 will allow:
A Total Of 4 Units
New Home 2nd
Unit
Current ADU Law allows:
A Total Of 3 Units
ADU
SB9 ADU
Jr . ADU
2nd
Unit
Public Street Public Street
For a Primary Residence
with ADU Garage
Conversion…
Drawing Credit: City of Calabasas
72 Protections Within SB 9
•A lot that is split under SB 9 cannot be split again;
•The City may impose objective zoning, subdivision and design standards, provided that the standards do not preclude the construction of two 800 sq. ft. minimum units;
•The City can require one off-street parking space per unit:
• Most interior lot homes in Visalia will not have the required side yard clearance for driveway access
•No additional ADUs or JADUs can be permitted on parcels that utilize both the “second unit” and “urban lot split” provisions 19 73
SB 9 Site Challenges:
20 ft. min. drive width
vs. 5ft.-15ft. avg. side yard
New Home
w/ garage
or parking
space
2nd
Unit
w/
space
Driveway
Public Street 20
Drawing Credit: City of Calabasas
74 SB9 limits demolition of
the existing home
if the home is rented in
the last three years
Driveway
5ft.
NO SB9 Lot Split Possible
Without Driveway Access
Public Street 21
Max 25% demo
If rented in
last 3 years
Drawing Credit: City of Calabasas
75 SB9 permits full demo of
existing home,
if the home is not rented
in the last three years
Driveway
New Home
w/ 1 car
garage
Public Street
2nd
Unit
New Home w/ 1
car garage
2nd
Unit
22 New Home
w/ garage
or parking
space
2nd
Unit
w/
space
Drawing Credit: City of Calabasas
76 PublicStreet
A property with two
points of access to the
public street 15ft. 5ft.
ADU
Public Street 23
New Home
w/ garage
or parking
space
2nd
Unit
w/
space
Drawing Credit: City of Calabasas
77 21
Anticipated SB 9 Impacts
•How many properties will densify as a result of this bill? •Factors to consider:
•Financial constraints, small lot sizes, amount of land not encumbered by improvements, mature oak trees on site, eligibility •Issues:
•Assignment of address numbers, infrastructure demands & capacity 78 22
Next Steps
•Monitor interest in Visalia and surrounding jurisdictions •Implement City’s internal Implementation Policy
•Develop a checklist to supplement urban lot split applications •Consider objective standards to reduce impacts from SB 9 •Zone Text Amendment and/or Urgency Ordinance
79 23
Objective Standards
•Height limits in rear yard of original property
•Front yard & garage setback applicable to all lots
•Increase side & rear yard setback from 4’ to 5’
•Require one on-site covered parking space with driveway access •Require refuse storage area concealed from view
•Clarify code language on easements
•Covenant agreeing to no short-term rental and 3-year owner occupancy 80 24
Discussion
81 25
82 Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning La w provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, w ould require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially , without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and f amilies of moderate, lo w, or very low income, that the proposed housing de velopment does not allo w for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the de velopment is not located within a historic district, is not included on the State Historic Resources In ventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objecti ve design standards, as defined, unless those standards w ould ha ve the ef fect of ph ysically precluding the construction of up to 2 units or ph ysically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the le gislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24
94 4283
months after its appro val or conditional appro val or after an y additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split w ould not require the demolition or alteration of housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to le vels affordable to persons and families of moderate, lo w, or v ery low income, that the parcel is located within a single-f amily residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving an urban lot split, including, b ut not limited to, authorizing a local agency to impose objecti ve zoning standards, objecti ve subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affida vit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the appro val of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill w ould prohibit a local agenc y from imposing an y additional owner occupancy standards on applicants. By requiring applicants to sign affida vits, thereby e xpanding the crime of perjury , the bill w ould impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described abo ve, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may ha ve a significant ef fect on the en vironment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 pro vides for the planning and regulation of de velopment, under a coastal de velopment permit process, within the coastal zone, as defined, that shall be based on v arious coastal resources planning and management policies set forth in the act. 94 — 2 — Ch. 162
4384
This bill would exempt a local agency from being required to hold public hearings for coastal de velopment permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing de velopment containing no more than two residential units within a single-f amily residential zone shall be considered ministerially, without discretionary re view or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing de velopment is located within a city , the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or , for unincorporated areas, a le gal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or an y local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing de velopment is not a parcel on which an o wner of residential real property has e xercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the de velopment proponent submits an application.
94 Ch. 162 — 3 —
4485
(5) The proposed housing de velopment does not allo w the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources In ventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding an y local la w and e xcept as pro vided in paragraph (2), a local agenc y may impose objecti ve zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objecti ve zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agenc y may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to an y conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite w astewater treatment system, a percolation test completed within the last 5 years, or , if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the e vidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdi vision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 4 — Ch. 162
4586
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agenc y shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdi vision (b), an application shall not be rejected solely because it proposes adjacent or connected structures pro vided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing de velopment contains tw o residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objecti ve zoning standards, ” “objecti ve subdi vision standards,” and “objecti ve design re view standards” mean standards that involve no personal or subjecti ve judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion a vailable and kno wable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternati ve objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city , county, or city and county , whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the follo wing requirements:
94 Ch. 162 — 5 —
4687
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area pro vided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as pro vided in subparagraph (B), both ne wly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split w ould not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an o wner of residential real property has exercised the o wner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the o wner of the parcel being subdi vided nor an y person acting in concert with the o wner has pre viously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 6 — Ch. 162
4788
2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agenc y shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding an y local law, a local agenc y may impose objecti ve zoning standards, objecti ve subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objecti ve design re view standards that w ould have the ef fect of ph ysically precluding the construction of tw o units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the b uilding official mak es a written finding, based upon a preponderance of the e vidence, that the proposed housing de velopment project would have a specific, adv erse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the ph ysical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to an y conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels ha ve access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affida vit stating that the applicant intends to occup y one of the 94 Ch. 162 — 7 —
4889
housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Re venue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agenc y shall not impose additional o wner occupanc y standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding an y pro vision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agenc y shall not be required to permit more than two units on a parcel created through the e xercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means an y dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing o verlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city , county, or city and county , whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 8 — Ch. 162
4990
considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its appro val or conditional appro val, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. Ho wever, if the subdivider is required to expend two hundred thirty-six thousand se ven hundred ninety dollars ($236,790) or more to construct, impro ve, or finance the construction or improvement of public impro vements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall e xtend the e xpiration of the appro ved or conditionally approved tentative map by 48 months from the date of its expiration, as pro vided in this section, or the date of the pre viously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of tw o hundred thirty-six thousand se ven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the state wide cost inde x for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentati ve and v esting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdi vision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a de velopment moratorium, imposed after approval of the tentati ve map, is in e xistence. However, the length of the moratorium shall not exceed five years.
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(2) The length of time specified in paragraph (1) shall be e xtended for up to three years, b ut in no e vent be yond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that appro ved or conditionally appro ved the tentati ve map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as w as left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentati ve map is or w as pending in a court of competent jurisdiction, if the stay of the time period is appro ved by the local agenc y pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agenc y, the subdi vider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for re viewing the requests, including, b ut not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the appro ved or conditionally appro ved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentati ve map shall be filed with the le gislative body without first processing a ne w tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, appro ving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surv eyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally appro ved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agenc y authorized to appro ve or conditionally approve tentative maps for a period or periods not e xceeding a total of six years. The period of e xtension specified in this subdi vision shall be in addition to the period of time pro vided by subdi vision (a). Before the expiration of an appro ved or conditionally appro ved tentative map, upon an application by the subdi vider to e xtend that map, the map shall automatically be e xtended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agenc y denies a subdi vider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
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(f) For purposes of this section, a de velopment moratorium includes a water or sewer moratorium, or a w ater and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agenc y with the authority to appro ve or conditionally appro ve the tentati ve map, which thereafter prevents, prohibits, or delays the appro val of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its o wn action or inaction w as prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agenc y, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. Ho wever, nothing in this subdi vision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whiche ver is later . A de velopment moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the f ailure or refusal, e xcept that the de velopment moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agenc y to convey the necessary property interest for a f air market value, paid in a reasonable time and manner.
SEC. 4. The Le gislature finds and declares that ensuring access to affordable housing is a matter of state wide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Go vernment Code and Section 3 of this act amending Section 66452.6 of the Go vernment Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agenc y or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 — 11 —
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because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Go vernment Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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