Reso No. 57-22 (CM)
Meeting Date: March 29, 2022 2
800 square feet each from being built on each resultant lot, and prohibits a local agency from imposing regulations that require dedications of rights-of way or the construction of offsite and onsite improvements for parcels created through a lot split; and
WHEREAS, in addition to various constraints on SB 9 developments as set forth therein, SB 9 also authorizes cities and counties to enact local SB 9 implementation ordinances and guidelines that are objective and that are not inconsistent with its mandatory provisions; and
WHEREAS, the City may develop interim regulations and standards to guide City Departments to implement SB 9 until such time as an implementation ordinance may be considered by the City Council for adoption; and WHEREAS, adoption of this Resolution and interim SB 9 guidance are not projects under the California Environmental Quality Act pursuant to Government Code sections 65852.21(j) and 66411.7(n).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution adopting interim guidance rules and regulations to implement SB 9 and preparation of a SB 9 implementation ordinance does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 DocuSign Envelope ID: 86BFEC7C-F733-463A-B5F8-458989180458 Attachment 1
Reso No. 57-22 (CM)
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Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
2. The City of Watsonville finds and declares that urban housing developments authorized under SB 9 are a form of housing that allows for expanded housing options.
3. The purpose of this resolution is to adopt interim guidance to comply with Government Code Sections 65852.21 and 66411.7 until an SB 9 implementation ordinance may be prepared and considered for adoption by the City Council.
4. The City Manager and the City Attorney are directed to consult with the appropriate City Departments and staff to develop an SB 9 implementation ordinance for presentation to, and consideration by, the City Council.
5. The City Manager Pro Tempore and City Attorney are directed to establish application procedures for SB 9 housing development and urban lot split applications, and to follow, at a minimum, the following interim guidance as related to SB 9:
(a) All SB 9 housing developments shall meet the requirements mandated by SB 9 (Government Code sections 65852.21(a), (b)(2), (e), (g), and (h).)
(b) The maximum density for SB 9 units is two (2) dwelling units per residential parcel.
(c) A deed restriction prohibiting the future construction of additional dwelling units and/or lot splits pursuant to SB 9 shall be required to be recorded on any property that develops dwelling units and/or lot splits under SB 9. The deed DocuSign Envelope ID: 86BFEC7C-F733-463A-B5F8-458989180458 Attachment 1
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restriction shall also restrict the SB 9 units to residential use. (d) All SB 9 housing developments shall be subject to the following conditions (which conditions are reserved to City discretion pursuant to SB 9), provided that implementation of a condition would not preclude the construction of two 800 square foot units on each parcel:
(1) Setbacks of up to four feet from side and rear yard lot lines, except no setback shall be required for an existing structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code §65852.21 (b)(2)(B)(ii)).
(2) SB 9 units shall meet the following objective design standards:
i. Exterior. The exterior design of the units shall utilize the same building materials, architectural style, roof form and pitch, height, scale, exterior colors and finishes as the principal residence. ii. Landscaping. All areas of the site that are not utilized for buildings, patios, parking, pedestrian or vehicular access shall be landscaped and provided with a permanent irrigation system. iii. Private Open Space/Patios and Decks. Each unit shall have a deck or a patio, directly adjoining individual units. The minimum private open space required for each unit shall be no less than ninety-six (96) square feet with a minimum width of six (6') feet for a deck/patio and eight (8') feet for landscaped area.
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iv. Access. The unit entrance shall face the interior of the property unless the ADU is directly adjacent to an alleyway or a public street.
v. Window Design. Windows that face an adjoining
residential property shall be screened with fencing or landscaping. (3) One off-street parking space per unit, except no parking shall be required in either of the following instances:
i. 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. (Gov. Code § 65852.21(c)(1)); and/or
ii. There is a car share vehicle located within one block of the parcel.
(4) The City shall deny an SB 9 housing development
application if the Building Official makes a specific written finding that the development project would have an adverse impact as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is on public health, safety or the environment and for which there is no method to mitigate or avoid the specific, adverse impacts (Gov. Code § 65852.21(d)).
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(5) The City shall not permit any ADUs or JADUs on parcels that use both the authority of Government Code section 65852.21 (SB 9 housing developments) and section 66411.7 (SB 9 urban lot splits). (e) All SB 9 urban lot splits shall meet the requirements mandated by SB 9 (Government Code sections 66411.7(a), (b), (c)(2), (f), (g), (h), (k) and (l)).
(f) All SB 9 urban lot splits shall be subject to the following conditions (which conditions are reserved to City discretion pursuant to SB 9):
(1) Setbacks of up to four feet from side and rear yard lot lines, except no setback shall be required for an existing structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code § 66411.7(c)(3)).
(2) The City shall deny an SB 9 housing development
application if the Building Official makes a specific written finding that the development project would have an adverse impact as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is on public health, safety or the environment and for which there is no method to mitigate or avoid the specific, adverse impacts (Gov. Code § 66411.7 (d)).
(3) Each lot created by an SB 9 urban lot split must adjoin the public right-of-way, or provide access to the public right-of-way, by way of a recorded access easement in favor of the parcel requiring ROW access (Gov. Code § 66411.7(e)(2)).
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(4) One off-street parking space per unit shall be required, except no parking shall be required in either of the following instances:
i. 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.
ii. There is a car share vehicle located within one block of the parcel (Gov. Code § 66411.7(e)(3)).
SEVERABILITY
If any term, provision, or portion of this Resolution or the application of this Resolution to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of this Resolution, or its application to other actions, shall continue in full force and effect unless amended or modified by the City.
**************************************
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Reso No. 57-22 (CM)
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 29th day of March , 2022, by Mayor Pro Tempore Montesino , who moved its adoption, which motion being duly seconded by Member García , was upon roll call carried and the resolution adopted by the following vote:
AYES: COUNCIL MEMBERS: Dutra, Estrada, García, Hurst,
Montesino, Quiroz-Carter, Parker
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
Ari Parker, Mayor
ATTEST:
_____________________________
City Clerk
_______________________
Date
APPROVED AS TO FORM:
_____________________________
City Attorney
************************************
I, Irwin I. Ortiz, City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 57-22 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 29th day of March , 2022, and that the foregoing is a full, true and correct copy of said Resolution. ________________________________
Irwin I. Ortiz, City Clerk
Date__________________________
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Attachment 1
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Agenda Report
MEETING DATE: Tuesday, September 6, 2022
TO: Planning Commission
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
ASSOCIATE PLANNER IVAN CARMONA
ASSOCIATE PLANNER SARAH WIKLE
SUBJECT: RECOMMENDATION TO THE CITY COUNCIL TO AMEND THE
WATSONVILLE MUNICIPAL CODE BY ADDING A NEW
CHAPTER 13 (“URBAN LOT SPLITS”) TO TITLE 13 –
SUBDIVISIONS, ADDING A NEW CHAPTER 54 (“TWO UNIT
DEVELOPMENTS”) TO TITLE 14 – ZONING, ADDING A NEW
SUBSECTION (E) TO SECTION 14-23.110 OF CHAPTER 14-23
(“ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS”), AND AMENDING CHAPTER 14-16
(“DISTRICT REGULATIONS”) AND 14-18 (“DEFINITIONS”) TO
IMPLEMENT SENATE BILL (“SB”) 9 – THE CALIFORNIA HOME
ACT.
STATEMENT OF ISSUES
In September 2021, the state passed SB 9, The California Housing Opportunity and More Efficiency (HOME) Act, which loosens restrictions on residential development in an effort to make the construction of residential units easier and faster to address the lack of housing throughout the state. SB 9 necessitates modifications to several sections of the City’s Municipal Code.
RECOMMENDED ACTION
Staff recommends that the Planning Commission adopt a Resolution:
1. Finding that the proposed action shall not be considered a project under the California Environmental Quality Act (“CEQA”) pursuant to Government Code (“GOV”) sections 65852.21(j) and 66411.7(n), as it involves adopting an ordinance to implement the provisions of GOV sections 65852.21 and 66411.7, and is exempt from further CEQA review.
2. Recommending that the City Council adopt an Ordinance amending the Watsonville Municipal Code (“WMC”) by adding a new Chapter 13 (“Urban Lot Splits”) to Title 13 – Subdivisions, adding a new Chapter 54 (“Two Unit Developments”) to Title 14 – Zoning, Attachment 2
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adding a new subsection (E) to Section 14-23.110 of Chapter 14-23 (“Accessory Dwelling Units and Junior Accessory Dwelling Units”), and modifying Sections 14-
16.201 and 14-16.251 (Principal Permitted Uses) and adding new definitions to Chapter 14-18 (“Definitions”) to implement SB 9 – the California Home Act.
BACKGROUND
State lawmakers have become increasingly concerned about the lack of housing supply in the State of California and have proposed multiple bills intended to address this concern. In September 2021, the California State Legislature adopted, and the Governor signed, SB 9, requiring ministerial approval of the development of up to two residential units per parcel for single-family residential zoned parcels that meet certain requirements. SB 9 further requires a local agency to ministerially approve a parcel map for an urban lot split to create two parcels from one-single family residential zoned parcel that meets certain requirements. SB 9 went into effect on January 1, 2022. See Table 1 and Table 2 for key provisions of SB 9 related to proposed housing developments and urban lot splits.
On March 29, 2022, the City Council of the City of Watsonville adopted Resolution No. 57-22 (CM), adopting interim guidance rules and regulations to implement SB 9 – The California Housing Opportunity and More Efficiency (HOME) Act and directed staff to prepare an SB 9 implementation ordinance (Attachment 1).
PROCESS
Text Amendments to the Zoning Ordinance
According to Section 907 of the City Charter of the City of Watsonville and WMC Section 14-
12.803, any proposed amendment to the City of Watsonville Zoning Ordinance shall be reviewed by the Planning Commission for recommendation to the City Council subject to making the following findings as outlined in WMC Section 14-12.708:
1. That the proposed amendment is consistent with the policies embodied in the General Plan; and
2. That the proposed amendment is compatible to the extent possible with the actual and general planned use of the adjacent properties.
DISCUSSION
SB 9 is a very complicated bill that allows the creation of two new Municipal Code Chapters:
14-54 to address two-unit developments and Chapter 13-13 to address urban lot splits.
Chapters 14-23 (“Accessory Dwelling Units and Junior Accessory Dwelling Units”), 14-16 (“District Regulations”), and 14-18 (“Definitions”) must also be modified. This report will describe the proposed changes to each section of the Municipal Code and identify the corresponding state regulation that necessitates those changes.
1. CHAPTER 14-54 TWO-UNIT DEVELOPMENT
a. SB 9:
Attachment 2
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Government Code section 65852.21 provides that a proposed housing development containing no more than two (2) residential units within a single-family residential zone shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all of the following criteria as shown in Table 1 (ministerial approval means that as long as the proposal meets certain criteria, staff must approve it administratively and without Conditions of Approval or hearing). Because the approval would be ministerial, SB 9 projects would also be exempt from review under the California Environmental Quality Act (CEQA).
SB 9 allows a single-family residential parcel to be developed with two primary dwelling units instead of just one. SB 9 allows the primary units to be combined with accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). The calculation of units varies depending on whether the property owner is also seeking an Urban Lot Split under SB 9. When an Urban Lot Split is sought, the City must allow up to two primary units on each lot resulting from the split and those two units can be made of different types (i.e., a primary unit and an ADU or JADU), up to a maximum of four units. This means that property owners have the option to decide what types of units they’d like to develop in addition to the two main units, whether they be ADUs or JADUs. If a property owner uses both the Urban Lot Split and the two primary dwelling unit provisions in SB 9, the City has the authority to prohibit the subsequent addition of ADUs and JADUs.
Under SB 9, the City can establish objective zoning standards, objective subdivision standards, and objective design review standards for two-unit developments but the City cannot preclude the construction of two primary units each of at least 800 square feet in size.
TABLE 1
SB 9 Provisions for Two-Unit Development
Proposed
Housing
Development
(GOV
section
65852.21)
• Parcel located in Single Family Residential Zoning District The proposed project does not require demolition or
alteration of any of the following:
• Housing that is subject to a recorded covenant
(CC&Rs), ordinance, or law that restricts rents to
levels affordable to persons of moderate, low, or very
low income
• Housing subject to rent or price control
• Housing that has been occupied by a tenant in the
last three years
• Owner has not exercised their rights under Chapter
12.75, Division 7 of Title 1 (Ellis Act) to withdraw
accommodations from rent or lease within 15 years
before the date of application
• Site is not located within Historic District/State
Historic Resources Inventory
• The proposed housing development does not allow the
demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
Attachment 2
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Source: GOV section 65852.21, accessed August 10, 2022. Please note this table is intended as a summary for ease of reference. If there is any inconsistency between this table and Government Code Section 65852.21, then that code section controls.
b. Proposed Chapter 14-54 Two-Unit Development
Below is a discussion outlining the main points of the draft Two-Unit Development ordinance that will be added to the WMC, in addition to the standards outlined in Table
1. Eligibility: Legal parcels located in the Single-Family Residential – Low Density (R-1), and Single Family Planned Residential (R-1P) Zoning District that meet the requirements of Government Code section 65852.21 (summarized in Table 1) may apply for a two-unit development. A maximum of two primary dwelling units are permitted per parcel. If a parcel has one primary dwelling unit, one additional primary dwelling unit may be developed
Objective Design Standards: Two-Unit Developments shall conform to the following objective design standards provided in Table 2:
TABLE 2
Design Standards for Two-Unit Development
Setback – existing structure No setback required
Setback – new construction Front: 20ʹ
Interior Side: 4ʹ
Exterior Side: 4ʹ
Rear: 4ʹ
Setback from all built
structures
4’
Maximum building height 28ʹ
Exterior materials Consistent with the primary
dwelling unit (include
materials/color, roof pitch,
architectural features, etc.)
Window design Windows which face an
adjoining neighbor shall have
opaque windows
Private storage space 200 cubic feet of storage space
per unit
• The site has not been occupied by tenants within the
last three years
• A minimum of one parking space provided per unit unless parcel is located within:
• one-half mile walking distance of a high-quality
transit corridor,
• one-half mile walking distance of major transit stop, or
• one block of a car share vehicle
• The development is not located in specified designated areas, including a high fire hazard severity zone
Attachment 2
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Private open space 96 square feet, minimum 8ʹ wide
if landscaped, 6ʹ if deck or patio
per unit
Landscaping 20% of total lot area
Utility connections Separate utility connections
required for sewer, electrical,
and water for each unit
Window Design: For a single-story wall or the first story of a two-story wall, clerestory and/or opaque windows are required when located within five feet of a property line abutting another residential use. All two-story windows facing the adjacent property must be clerestory and/or opaque.
Access: The primary entrance to each new dwelling unit shall face the front or interior of the parcel unless the unit is directly accessible from an alley or a public street.
Unit Size: Unit size will be tiered based on the existing/proposed parcel size as shown in Table 3 below.
Table 3
Parcel Size and Maximum Living Area
Lot Size (SF) Maximum Unit Living Area (SF)
Lots less than 5,000 SF 800 sf (maximum (2) bedrooms)
Lots less than 10,000 SF 1,000 sf (maximum (3) bedrooms) Lots greater than 12,000 SF 1,200 SF (maximum (3) bedrooms) Rental Unit Term: Units constructed using the two-unit development provisions of the WMC shall be rented for a minimum of 30 days. This prevents the units from being rented as short-term VRBO or AirBNB rentals and ensures that the units will be available as residences and not vacation units.
Location of Required Parking: All parking for a two-unit development shall be located in the front, and/or rear yard setback area and parking area shall have access to public right-of-way.
Parking: SB 9 restricts the City’s ability to require more than one parking space per unit, and if the property is within ½ mile of a high-quality transit corridor or major transit stop, or a car share vehicle is located within a block, no off-street parking can be required.
However, there are no high-quality transit corridors, major transit stops, or known car shares within Watsonville, so projects in the near future will be required to provide one off-street parking per unit.
Decks: Second story decks shall be limited to the rear yard and prohibited for the front and side yards.
Accessory Structures: A two-unit development is limited to one accessory structure (which is different from an ADU or JADU) per residential parcel and shall not exceed 500 square feet in size.
Attachment 2
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2. Proposed Urban Lot Splits
a. SB 9
Gov section 66411.7 provides that the City shall ministerially approve, without discretionary review or hearing, a parcel map for an urban lot split, if the proposed lot split meets all of the requirements summarized in Table 4.
An urban lot split allows a single-family residentially zoned parcel to be subdivided into two parcels and for each parcel to be developed with two primary dwelling units. The maximum number of units allowed in an SB 9 urban lot split is 4 (two units on each parcel).
Government Code Section 66411.7(c) allows the City to impose on an urban lot split, objective zoning standards, subdivision standards, and objective design standards unless those standards would have the effect of physically precluding the construction of up to two units or either of the two units from being at least 800 square feet in floor area.
TABLE 4
Provisions for proposed Urban Lot Splits
Proposed
Urban
Lot Splits
(GOV
section
66411.7)
• Parcel located in Single Family Residential Zoning District • The proposed project does not require demolition or alteration of any of the following:
• Recorded covenant (CC&Rs), ordinance, or law that restricts rents to levels affordable to persons of moderate, low, or very low income
• Housing subject to rent or price control
• Housing that has been occupied by a tenant in the last three years
• Owner has not exercised owner’s rights under Chapter 12,75, Division 7 of Title 1 (Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date of
application submittal
• Site is not located within Historic District/State Historic Resources Inventory
• Lot Split would:
• Result in two new parcels of equal size (one parcel shall not be smaller than 40% of the lot area of the original parcel) • Parcels would be a minimum of 1,200 square feet
• Parcel has not been established through a prior SB 9 lot split application nor owner/agent invoked SB 9 lot split on adjacent parcel • Owner affidavit required stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of approval of the SB 9 lot split • The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
Attachment 2
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• The site has not been occupied by tenants within the last three years
• A minimum of one parking space provided per unit unless parcel is located within:
• one-half mile walking distance of a high-quality transit corridor,
• one-half mile walking distance of major transit stop, or • one block of a car share vehicle
Source: GOV section 66411.7, accessed August 10, 2022. Please note this table is intended as a summary for ease of reference. If there is any inconsistency between this table and Government Code Section 66411.7, then that code section controls.
b. Chapter 13-13 Urban Lot Splits
Below is a discussion outlining the main points of the Urban Lot Split ordinance that will be added to the Watsonville Municipal Code, in addition to the standards outlined in Table 5.
Eligibility: Legal parcels located in the Single-Family Residential – Low Density (R-1) Zoning District.
Objective Design Standards:
Table 5
Setbacks – Existing
Structure
No setback required
Setbacks – New
Construction
Front: 20ʹ
Interior Side: 4ʹ
Exterior Side: 4ʹ
Rear: 4ʹ
Street Frontage 30’
Parcel Size No less than 40
percent of the lot
area of the original
parcel
Driveway width 10’ with 3’
landscaping buffer
from side property
line
Utility Connections Separate utility
connections required
for sewer, electrical,
and water
Location of Required Parking: Parking for an urban lot split is allowed within the front and/or rear yard setback areas directly adjoining to a public right-of-way or alleyway.
Attachment 2
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Ownership Requirements and Rental Term: The owner of a parcel seeking an Urban Lot Split is required to sign an affidavit under penalty of perjury declaring all of the following to be true:
1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.
2. The owner of the parcel intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under sections 214.15 or 402.1 of the Revenue and Taxation Code.
3. The owner has not previously subdivided an adjacent parcel using an Urban Lot Split.
4. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an Urban Lot Split. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.
5. The proposed new parcels are intended for exclusively residential use longer than 30 days. No short-term rentals allowed.
3. Denials of Two Unit Development Projects and/or Urban Lot Splits The Community Development Director has the authority to deny a Two-Unit Development if either of the following is found:
1. The Two-Unit Development fails to meet or perform one or more objective requirements imposed by the WMC, provided that the requirements do not have the effect of preventing the construction of two 800 square foot-minimum residential units. Any such requirement or condition must be specified.
2. The building official makes a written finding, based upon preponderance of the evidence, that the proposed development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65568.5, upon public health and safety of the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
The Community Development Director also has the authority to deny an Urban Lot Split if either of the following is found:
1. The Urban Lot Split fails to meet or perform one or more objective requirement imposed by the Subdivision Map Act or by the WMC, provided that the requirements Attachment 2
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do not have the effect of preventing the construction of two 800 square foot-minimum residential units. Any such requirement or conditions shall be specified; and/or
2. The building official makes a written finding, based upon a preponderance of evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5 of the Government Code, 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.
4. Revisions to Chapter 14-16 and 14-18
Amendment to Chapter 14-16 and 14-18: The terms “Two Unit Development” and “Urban Lot Split” are new definitions that are proposed to be added to the Definitions section of the Watsonville Municipal Code. Further, these two defined uses that are proposed to be added to the District Regulations Chapter as Principally Permitted uses in the SingleFamily Residential zoning district. The Definitions would be added to Chapter 14-18 (Definitions) and the uses allowed in Sections 14-16.201 and 14-16.251, respectively..
There are two additional definitions to be added to Chapter 14-18 to define a “High Quality Transit Corridor” and “Major Transit Stop.” These are defined in SB 9 and provided below.
1. High-quality transit corridor: A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours, as defined in subdivision (B) of section 21155 of the Public Resources Code.
2. Major transit stop: Is defined as in section 21064.3 and means a site containing any of the following:
a. An existing rail or bus rapid transit station.
b. A ferry terminal served by either a bus or a rail transit service. c. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute period.
5. Relationship to ADU/JADU Ordinance
Existing State law and the City’s ADU Ordinance allow for ADUs in the following residential zones: R-1, R-1P, RM-2, and RM-3. In conformance with SB 9, the proposed ordinance allows for ADUs in conjunction with SB 9 projects for R-1 residential parcels as follows:
1. Two Unit Development (No Lot Split): ADUs and JADUs are allowed, in accordance with the City’s ADU ordinance, in addition to the two primary dwellings allowed by SB 9, for a total of four units on a single lot.
2. Urban Lot Splits: Pursuant to the authority provided by section 65852.21(f) of the Government Code, the City can deny ADUs and JADUs on any lot in a singlefamily zoning district if: 1) an Urban Lot Split has been approved; and 2) a TwoUnit Development has been approved.
Attachment 2
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https://cityofwatsonville.escribemeetings.com/eSCRIBE Supporting Documents/a1d7654d-ae89-40a4-8c87-ccdd6b5547d3/Attachment 2 - Planning Commission - SB 9 Staff Report.docx
6. General Plan Consistency
The proposed Zoning Code text amendments are consistent with the following goals and policies of the City of Watsonville’s 2015-2023 Housing Element:
Goal 1.0 Housing and Neighborhood Conservation – Improve, conserve, and preserve both safe condition of and the continued availability of Watsonville’s existing affordable housing stock in order to meet the needs of all economic segments of the community.
Policy 1.5 – Preserve the existing stock of affordable housing, including mobile homes, through City regulations and land use and development controls, including mobile home park exclusive-use zoning, as well as financial and other forms of assistance Goal 3.0 Housing Production – Provide housing opportunity for Watsonville’s share of the regional housing need for all income groups.
Policy 3.1 – Encourage the production of housing that meets the needs of all economic segments, including lower-, moderate-, and above moderate-income households, to achieve a balanced community.
Policy 3.2 – Provide high quality rental and ownership housing opportunities for current and future residents that are affordable to a diverse range of income levels.
Policy 3.3 – Encourage a variety of housing types to address the needs of farmworkers, including affordable rentals, mobile homes, single room occupancy hotels, manufactured and factory-built housing, and group housing.
Policy 3.8 – Ensure that adequate infrastructure, public facilities, water and services are available or in place to support the development of new housing.
Goal 4.0 Removal of Government Constraints – Where appropriate, mitigate unnecessary governmental constraints to the maintenance, improvement, and development of housing.
Policy 4.2 – Implement and enforce residential design guidelines to ensure that the community’s expectations are met with respect to the quality and style of housing projects.
Policy 4.4 – Expressly permit the development of second units as a means to provide additional affordable housing opportunities.
Policy 4.7 – Revise and modernize Title 14, Zoning Ordinance, of the Watsonville Municipal Code, to achieve community-wide objectives.
6. Zoning Consistency
The amendments to the WMC to implement SB 9 are limited to the R-1 and R-1P Zoning Districts. The R-1 and R-1P Zoning Districts allow for single-family residential (low density) Attachment 2
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https://cityofwatsonville.escribemeetings.com/eSCRIBE Supporting Documents/a1d7654d-ae89-40a4-8c87-ccdd6b5547d3/Attachment 2 - Planning Commission - SB 9 Staff Report.docx
development. With implementation of SB 9, all properties within a single-family residential zone can be developed with four units and be subdivided into two parcels. The two new types of development are to be reviewed ministerially under SB 9 include the following:
1. Two Unit Development: Allows a single-family residential parcel to be developed with two primary dwelling units instead of just one, including an ADU and a JADU, for a total of four dwelling units.
2. Urban Lot Split: Allows a single-family residential parcel to be subdivided into two parcels and for each parcel to contain up to two primary dwelling units. The City is not required to approve ADUs or JADUs on lots created by an urban lot split.
SB 9 allows local jurisdictions to impose objective zoning, design, and subdivision standards, but is prohibited from applying any standard(s) that would preclude the construction of two units of less than 800 square feet each on any single-family zoned property. The new Ordinance to implement SB 9 would ensure projects are consistence with the R-1 and R-1P Zoning District Standards.
STRATEGIC PLAN
The proposed zoning code amendments to implement SB 9 will allow property owners of single-family residential parcels to developed Two-Unit Developments or propose Urban Lot Splits. This aligns with Strategic Plan Priority 1 Housing by removing barriers for accessing stable, quality and affordable housing and striving to create new opportunities to add housing to meet current and future housing needs.
FINANCIAL IMPACT
The City would be provided with further housing tax revenue for all projects conforming to the SB 9 requirements for Two-Unit Developments and Urban Lot Splits.
ALTERNATIVE ACTION
1. Adopt a proposed amendment, with revisions
ATTACHMENTS
1. Resolution No. 57-22, Interim Guidance for SB 9
2. SB-9 Ordinance and Resolution
3. Senate Bill 9 Text
Attachment 2
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 1/8 SHARE THIS: Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals. (2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Attachment 3
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 2/8 This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.
This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a statemandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. Attachment 3
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 3/8 (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Attachment 3
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 4/8 (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. Attachment 3
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 5/8 (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
Attachment 3
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 6/8 (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. Attachment 3
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 7/8 SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.
However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or Attachment 3
8/22/22, 10:54 AM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 8/8 periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.
A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Attachment 3
Reso No ______ (CM) Page 1 of 10
Meeting Date: 101122
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADDING A NEW CHAPTER 13 (URBAN LOT SPLITS)
TO TITLE 13 (SUBDIVISIONS AND MAPS) OF THE WATSONVILLE
MUNICPAL CODE TO IMPLEMENT SENATE BILL 9 (SB 9) THE
CALIFORNIA HOUSING OPPORTUNITY AND MORE EFFICIENCY
(HOME) ACT
Table of Contents
SECTION 1. ENACTMENT............................................................................................. 1 CHAPTER 13 URBAN LOT SPLITS ........................................................................... 2 Sec. 13-13.01 Purpose and Intent........................................................................ 2 Sec. 13-13.02 Eligibility. ....................................................................................... 2 Sec. 13-13.03 Objective Standards...................................................................... 5 Sec. 13-13.04 Filing, processing, and action........................................................ 6 Sec. 13-13.05 Use and Development Requirements............................................ 8 SECTION 2. RECITALS.................................................................................................. 9 SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT...................................... 9 SECTION 4. SEVERABILITY........................................................................................ 10 SECTION 5. PUBLICATION. ........................................................................................ 10 SECTION 6. EFFECTIVE DATE. .................................................................................. 10 WHEREAS, on September 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 14-22 (PC), recommending that the City Council amend Title 13 – Subdivisions and Maps, creating a new Chapter 13 (Urban Lot Splits) to implement Senate Bill (“SB”) 9 – The California Home Act; and WHEREAS, the City Council has reviewed the Ordinance, held a public hearing thereon, and found the request to be consistent with Senate Bill (SB) 9 legislation known as “The California Home Act”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT
Reso No ______ (CM) Page 2 of 10
Meeting Date: 101122
Title 13 (Subdivision and Maps) of the Watsonville Municipal Code is hereby amended by adding a new Chapter 13 (Urban Lot Splits) to read in words and figures as follows:
CHAPTER 13 URBAN LOT SPLITS
Sec. 13-13.01 Purpose and Intent
It is the purpose of this Chapter to provide procedures necessary for the implementation of section 66411.7 of the Government Code pertaining to Urban Lot Splits, as defined in Section 13-13.02 herein. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with section 66411.7 of the Government Code, the provisions of this Chapter shall apply.
Sec. 13-13.02 Eligibility.
A parcel map shall be required for all Urban Lot Splits, defined as the subdivision of a parcel into two parcels pursuant to section 66411.7 of the Government Code. An application for an Urban Lot Split shall be approved by the Community Development Director if the application meets all of the following requirements:
(a) The proposed Urban Lot Split will create no more than two new parcels, and each of the newly created parcels meets the following requirements:
(1) Is at least 1,200 square feet in size;
(2) Is at least 40 percent of the lot area of the original parcel;
Reso No ______ (CM) Page 3 of 10
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(3) Has access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code section 503 and Title 14, California Code Regulations section 1273.00 et seq., when applicable to the parcel; and (4) The parcel to be subdivided is located within the R-1 zoning district. (b) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of section 65913.4 of the Government Code. (c) The proposed Urban Lot Split would not require demolition or alteration of any of the following types of housing:
(1) 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;
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(3) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under chapter 12.75 (commencing with section 7060) of division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and/or
(4) Housing that has been occupied by a tenant in the last three years based on the date of the application for an Urban Lot Split. (d) 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
Reso No ______ (CM) Page 4 of 10
Meeting Date: 101122
Resources Code, or within a site that is designated or listed as a City landmark or City heritage resource.
(e) The parcel has not been established through prior exercise of an Urban Lot Split provided for in section 66411.7 of the Government Code or this section. (f) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided for in this chapter.
(g) The proposed new parcels are intended for exclusively residential use longer than 30 days. No short-term rentals allowed.
(h) The Urban Lot Split will not result in a structure being split over the two parcels.
(i) The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all of the following to be true:
(1) The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.
(2) The owner of the parcel intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under sections 214.15 or 402.1 of the Revenue and Taxation Code.
(3) The owner has not previously subdivided an adjacent parcel using an Urban Lot Split.
Reso No ______ (CM) Page 5 of 10
Meeting Date: 101122
(4) The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an Urban Lot Split. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.
Sec. 13-13.03 Objective Standards.
All Urban Lot Splits under this Chapter shall also comply with the standards in this section, unless the applicant can demonstrate that this would have the effect of physically precluding the construction of two units on either of the resulting parcels, or would necessarily result in a unit size of less than 800 square feet for any unit on the resulting parcels:
(a) New parcel lines that abut a street shall maintain right angles to streets or radial to the centerline of curved streets, or be parallel to existing parcel lines. (b) Minimum lot frontage required shall be 30-feet wide for an Urban Lot Split.
For flag lots, a minimum access width of 10-feet is required to a public right-of-way, unless the fire code necessitates a greater width, the fire code shall prevail. (c) A minimum of one off-street parking space shall be provided on each parcel within the front and/or rear yard setbacks, except no parking shall be required where the parcel meets one or both of the following instances:
(1) 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.
Reso No ______ (CM) Page 6 of 10
Meeting Date: 101122
(2) There is a car share vehicle located within one block of the parcel. (d) 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.
Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor. (e) The parcel map satisfies the objective requirements of the Subdivision Map Act and this Chapter regarding parcel maps.
(f) All proposed Urban Lot Splits shall require each parcel to have separate utilities for water, sewer, and electrical. If a parcel has a primary residence and a detached Accessory Dwelling Unit, the Urban Lot Split shall require separation of utilities for the ADU and primary residence.
(g) On site Public Improvements. All parcels of an Urban Lot Split shall repair, replace, and/or construct a sidewalk curb and gutter meeting accessibility requirements and the City of Watsonville Public Improvement Standards. (h) An urban lot split is limited to two residential units on each newly created parcel. The minimum size for each unit shall be 800 square feet.
Sec. 13-13.04 Filing, processing, and action.
(a) An application for an Urban Lot Split must be made through submittal of a City application and requisite fees. At a minimum, an application package shall include:
(1) Copies of deeds for all properties included in the request. (2) A plat map drawn to scale by a licensed land surveyor or registered civil engineer depicting all of the following:
(i) Existing and proposed lot lines.
Reso No ______ (CM) Page 7 of 10
Meeting Date: 101122
(ii) Location of easements required for the provision of public services and facilities to each of the proposed parcels.
Separate utilities are required.
(iii) Location of any easements necessary for each parcel to have access to the public right-of-way.
(b) The City shall act on an application for an Urban Lot Split within fifty days from the date the City receives a completed application. If the applicant requests a delay in writing, the fifty-day time period shall be tolled for the period of the delay. The City has acted on the application if it:
(1) Approves or denies the application for the Urban Lot Split; or (2) Informs the applicant in writing that changes to the proposed project are necessary to comply with this Chapter.
(c) The Community Development Director shall deny the Urban Lot Split if either of the following is found:
(1) The Urban Lot Split fails to meet or perform one or more objective requirements imposed by the Subdivision Map Act or by this chapter. Any such requirement or condition shall be specified;
(2) The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5 of the Government Code, 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.
Reso No ______ (CM) Page 8 of 10
Meeting Date: 101122
(d) The Community Development Director shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (e) The Community Development Director shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way.
(f) The Community Development Director shall not require the correction of nonconforming zoning conditions.
(g) The Community Development Director shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of approval of a parcel map for an Urban Lot Split. Offsite improvements include traffic controls, street, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. The Community Development Director can request for onsite improvements such as sidewalks with curb and gutters.
Sec. 13-13.05 Use and Development Requirements.
(a) It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof constructed on a lot created under this Chapter for a term that is thirty days or less.
(b) It shall be unlawful to use any dwelling unit constructed on a lot created under this Chapter for any use other than a residential use.
Reso No ______ (CM) Page 9 of 10
Meeting Date: 101122
(c) New dwelling units constructed under this Chapter shall not exceed that shown in Table 1.
Table 1
Maximum Dwelling Unit Size
Lot Size (SF) Maximum Unit Living Area
(SF)
Lots less than 5,000 SF 800 SF (maximum (2)
bedrooms)
Lots less than 10,000 SF 1,000 SF (maximum (3)
bedrooms)
Lots greater than 12,000 SF 1,200 SF (maximum (3)
bedrooms)
(d) Development of new dwelling units on any lot created under this Chapter shall be subject to the requirements of Chapter 14-54 herein, and shall also comply with all applicable objective zoning requirements applicable to the subject parcels and any objective requirements in the City’s design guidelines. The standards described in this paragraph shall apply to all Urban Lot Splits except where such standard directly conflicts with a provision of this Chapter, or whether the applicant demonstrates that such zoning district standard or design standard would have the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet.”
SECTION 2. RECITALS
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Councils finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and
Reso No ______ (CM) Page 10 of 10
Meeting Date: 101122
15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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Reso No. ______ (CM) 1
Reference: Ordinance No.s 506-80 (CM) and 1153-03 (CM)
Meeting Date: 101122
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, AMENDING CERTAIN SECTIONS OF CHAPTER 14-16 (DISTRICT REGULATIONS) OF TITLE 14 (ZONING) OF THE
WATSONVILLE MUNICIPAL CODE TO IMPLEMENT SENATE BILL 9
(SB 9) THE CALIFORNIA HOUSING OPPORTUNITY AND MORE
EFFICIENCY (HOME) ACT
WHEREAS, on September 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 14-22 (PC), recommending that the City Council amend Chapter 14-16 (District Regulations), in accordance with the Findings attached hereto and marked as Exhibit “A”, identifying those zoning districts where Urban Lot Splits and Two Unit Developments for SB 9 projects may be allowed; and WHEREAS, the City Council has reviewed the Ordinance, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT
(Part 2: R-1 – Single-Family Residential District (Low Density)) of Chapter 14-16 (District Regulations) of Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by amending Section 14-16.201 (Principal permitted uses) to read in words and figures as follows:
Sec. 14-16.201 Principal permitted uses.
The following uses require an Administrative Review Permit.
Reso No. ______ (CM) 2
Reference: Ordinance No.s 506-80 (CM) and 1153-03 (CM)
Meeting Date: 101122
GLU 01 Single-family dwelling
02 Two-unit development
03 Urban Lot Split
(Part 2-A: R-1P – Single-Family Planned Residential District) of Chapter 14-16 (District Regulations) of Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by amending Section 14-16.251 (Principal permitted uses) to read in words and figures as follows:
Sec. 14-16.251 Principal permitted uses.
The following uses require an Administrative Review Permit.
GLU 01 Single-family dwelling
02 Two-unit development
03 Urban Lot Split
SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to
Reso No. ______ (CM) 3
Reference: Ordinance No.s 506-80 (CM) and 1153-03 (CM)
Meeting Date: 101122
be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 6. EFFECTIVE DATE
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
*********************************
Reso No. ______ (CM)
Reference: Ordinance 506-80 (CM)
Meeting Date: 101122
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADDING NEW SECTIONS TO CHAPTER 14-18
(DEFINITIONS), OF TITLE 14 (ZONING) OF THE WATSONVILLE
MUNICIPAL CODE TO IMPLEMENT SENATE BILL 9 (SB 9) THE
CALIFORNIA HOUSING OPPORTUNITY AND MORE EFFICIENCY
(HOME) ACT
WHEREAS, on September 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 14-22 (PC), recommending that the City Council amend Chapter 14-16 (District Regulations), in accordance with the Findings attached hereto and marked as Exhibit “A”, adding certain definitions for the regulations of Urban Lot Splits and Two-Unit Developments for SB 9 projects; and WHEREAS, the City Council has reviewed the Ordinance, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT
Chapter 14-18 (Definitions) of Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by adding Sections 14-18.427, 14-18.527, 14-18.831 and 14-18.835, to read in words and figures as follows:
14-18.427 High-Quality transit corridor.
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours, as defined in subdivision (B) of section 21155 of the Public Resources Code.
14-18.527 Major transit stop.
Reso No. ______ (CM)
Reference: Ordinance 506-80 (CM)
Meeting Date: 101122
Is defined as in section 21064.3 of the Government Resources Code and means a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or a rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute period. 14-18.831 Two-Unit development.
A two-unit development is defined as two primary dwelling units with minimum living space of 800 square feet. The two-unit development may be in the form of a duplex, or two detached units. A two-unit development must also comply with all Watsonville Municipal Code requirements and is limited to the R-1 Zoning District. 14-18.835 Urban lot split.
An urban lot split is defined as a subdivision of an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of lot area of the original parcel proposed for subdivision.
Urban lot splits are limited to the R-1 zoning district and shall comply with all Watsonville Municipal Code requirements.
SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and
Reso No. ______ (CM)
Reference: Ordinance 506-80 (CM)
Meeting Date: 101122
15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 6. EFFECTIVE DATE
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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Reso No. ______ (CM) 1
Reference: Ordinance No. 1414-20 (CM)
Meeting Date: 101122
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING SECTION 14-23.110 (RESTRICTIONS) OF CHAPTER 14-23 (ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS) OF TITLE 14 (ZONING) OF THE
WATSONVILLE MUNICIPAL CODE TO IMPLEMENT SENATE BILL 9
(SB 9) THE CALIFORNIA HOUSING OPPORTUNITY AND MORE
EFFICIENCY (HOME) ACT
WHEREAS, on September 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 14-22 (PC), recommending that the City Council amend Chapter 14-23 (Accessory Dwelling Units and Junior Accessory Dwelling Units), in accordance with the Findings attached hereto and marked as Exhibit “A”, for regulating Urban Lot Splits and Tow Unit Developments for SB 9 projects; and WHEREAS, the City Council has reviewed the Ordinance, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT
Section 14-23.110 (Restrictions) of Chapter 14-23 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Watsonville Municipal Code is hereby amended by adding a new subsection (e) to read in words and figures as follows:
(e) Pursuant to the authority provided by section 65852.21(f) of the Government Code, notwithstanding any other provision in this Chapter, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in the R-1 or
Reso No. ______ (CM) 2
Reference: Ordinance No. 1414-20 (CM)
Meeting Date: 101122
R-1P if: 1) an Urban Lot Split has previously been approved for the lot pursuant to Chapter 13-13 herein.”
SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION
Reso No. ______ (CM) 3
Reference: Ordinance No. 1414-20 (CM)
Meeting Date: 101122
This ordinance shall be published in the Watsonville Register Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 6. EFFECTIVE DATE
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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Reso No. ______ (CM) Page 1 of 13
Meeting Date: 101122
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADDING A NEW CHAPTER 14-54 (TWO-UNIT
DEVELOPMENTS) TO TITLE 14 (ZONING) OF THE WATSONVILLE
MUNICIPAL CODE TO IMPLEMENT SENATE BILL 9 (SB 9) THE
CALIFORNIA HOUSING OPPORTUNITY AND MORE EFFICIENCY
(HOME) ACT
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 4 CHAPTER 14-54 TWO-UNIT DEVELOPMENTS....................................................... 4 Sec. 14-54.01 Purpose and Intent........................................................................ 4 Sec. 14-54.02 Eligibility ........................................................................................ 4 Sec. 14-54.03 Objective Standards ...................................................................... 6 Sec. 14-54.04 Filing, Processing and Action ...................................................... 10 Sec. 14-54.05 Use Requirements....................................................................... 11 SECTION 2. RECITALS................................................................................................ 12 SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.................................... 12 SECTION 4. SEVERABILITY........................................................................................ 12 SECTION 5. PUBLICATION. ........................................................................................ 13 SECTION 6. EFFECTIVE DATE. .................................................................................. 13 o-0-o
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted sections 66411.7 and 65852.21 to the Government Code, effective January 1, 2022; and WHEREAS, these provisions require the City to provide ministerial approval of urban lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling units (“Two-Unit Developments”) on each single-family residential zoned lot within the City, subject to certain limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of Urban Lot Splits by size and proportionality; and
WHEREAS, Government Code sections 66411.7(a)(3)(C) and 65852.21(a)(2) limit Urban Lot Splits and Two-Unit Developments, respectively, to sites that are not located
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on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties; and
WHEREAS, Government Code sections 66411.7(a)(3)(D) and 65852.21(a)(3) through (a)(5) limit eligibility of an Urban Lot Split and a Two-Unit Development, respectively, that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allow a city to deny an Urban Lot Split for properties within an historic district or listed on the State’s Historic Resource Inventory 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; and
WHEREAS, Government Code sections 66411.7(c) and 65852.21(b) allow a city to establish objective zoning standards, objective subdivision standards, and objective design review standards for Urban Lot Splits and Two-Unit Developments, respectively, subject to limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of “precluding the construction
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of two units on either of the resulting parcels from an Urban Lot Split or that would result in a unit size of less than 800 square feet” for a Two-Unit Development; and WHEREAS, Government Code sections 66411.7 and 65852.21 allow a city to deny a proposed Two-Unit Development or Urban Lot Split, respectively, if the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, pursuant to Government Code sections 65852.21(j) and 66411.7(n), the City may adopt an ordinance to implement the provisions of Government Code sections 65852.21 and 66411.7, and such an ordinance shall not be considered a project under the California Environmental Quality Act (“CEQA”); and WHEREAS, on September 6, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 14-22 (PC), recommending the City Council adopt an Ordinance amending the Watsonville Municipal Code by adding a new Chapter 13 (“Urban Lot Splits”) to Title 13 – Subdivision, adding a new Chapter 54 (“Two Units Developments”) to Title 14 – Zoning, adding a new subsection (E) to Section 14-23.110 of Chapter 14-23 (“Accessory Dwelling Units and Junior Accessory Dwelling Unit”), and amending Chapter 14-16 (“District Regulations”) and 14-18 (“Definitions”) to implement Senate Bill (“SB”) 9 – The California Home Act; and
WHEREAS, the City Council desires to implement objective standards and an application process for projects undertaken pursuant to Government Code Sections 65852.21 and 66411.7 by the adoption of such an ordinance; and
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WHEREAS, the City Council has reviewed Chapter 14-54, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code, attached hereto and marked as Exhibit “A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by adding a new Chapter 14-54 (Two-Unit Developments) to read in words and figures as follows:
CHAPTER 14-54 TWO-UNIT DEVELOPMENTS
Sec. 14-54.01 Purpose and Intent
The purpose of this Chapter is to provide regulations for the establishment of TwoUnit Developments, as defined in Section 14-54.02 herein, pursuant to Government Code section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with section 66411.21 of the Government Code, the provisions of this Chapter shall apply.
Sec. 14-54.02 Eligibility
Notwithstanding anything in this Chapter to the contrary, a residential development containing no more than two residential units on one legal lot within the R-1 zoning district (“Two-Unit Development”) may be constructed following approval by the Community
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Development Director, without discretionary review or a public hearing, if the proposed Two-Unit Development meets all of the requirements set forth below:
(a) A Two-Unit Development may be permitted under this Chapter if the development will result in no more than two residential units in total on a lot. If the lot has an existing dwelling, one additional unit may be developed pursuant to this Chapter. If a parcel does not include an existing dwelling, or if the existing dwelling is proposed to be demolished in connection with the creation of a Two-Unit Development, up to two dwelling units may be developed pursuant to this Chapter.
(b) Incompatibility with the City’s density limitations shall not provide a basis to deny a Two-Unit Development that otherwise conforms to the requirements of this Chapter.
(c) A Two-Unit Development shall not be approved in each of the following circumstances:
(1) The Two-Unit Development would 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) Housing that has been occupied by a tenant in the last three years. Demolition of up to 25% of the exterior structural walls is permitted. (2) The parcel subject to the proposed Two-Unit Development is a parcel on which an owner of residential real property has exercised the owner’s rights
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under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the Two-Unit Development proponent submits an application.
(3) The parcel subject to the proposed Two-Unit Development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code section 5020.1, 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.
(4) The parcel subject to the proposed Two-Unit Development does not satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code section 65913.4.
Sec. 14-54.03 Objective Standards
Except as provided in this section, Two-Unit Developments under this Chapter shall conform to all objective property development regulations of the zone in which the property is located including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, and any objective requirements in the City’s design guidelines, unless the applicant demonstrates that such zoning or design standard would have the effect of physically precluding the construction of up to two residential units on the parcel, or that would physically preclude either of the two units from being at least 800 square feet in floor area, subject to the following modifications:
(a) New dwelling units constructed under this Chapter shall not exceed that shown in Table 1.
Table 1
Maximum Dwelling Unit Size
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Lot Size (SF) Maximum Unit Living Area
(SF)
Lots less than 5,000 SF 800 SF (maximum (2)
bedrooms)
Lots less than 10,000 SF 1,000 SF (maximum (3)
bedrooms)
Lots greater than 12,000
SF
1,200 SF (maximum (3)
bedrooms)
(b) 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.
Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor. (c) A setback of at least four feet is required from the rear and interior side property lines. Exterior side yard setbacks shall be 10-feet. Front yard setbacks shall be 20-feet. Separation of six feet is required from all built structures on a parcel. (d) Entrance Orientation. The primary entrance to each new dwelling unit shall face the front or interior of the parcel unless the unit is directly accessible from an alley or a public street.
(e) Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within five feet of an interior side or rear property line abutting a residential use:
(1) For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:
(i) A six-foot solid fence on the property line; and/or (ii) Clerestory and/or opaque windows for all windows facing the adjacent property.
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(2) For a second-story wall, all windows facing the adjacent property shall be clerestory or opaque.
(f) Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this section shall only be used for rentals of terms of longer than thirty days. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this section for a term that is thirty days or less.
(g) A minimum of one off-street parking space shall be provided for each dwelling unit allowed in the front or side yard setback area except where that no parking shall be required when the parcel meets one or both of the following instances:
(1) 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.
(2) There is a car share vehicle located within one block of the parcel. (h) When construction of a new dwelling unit is proposed on a parcel with an existing dwelling unit, any new dwelling unit shall utilize the same exterior materials and colors as the existing dwelling unit, subject to any restrictions on use of building materials.
Where two new units are proposed to be constructed on a parcel, each unit shall utilize the same exterior materials and colors as the other unit. (i) Each dwelling unit constructed under this section shall utilize a separate utility connection directly from each dwelling unit to the utility for water, sewer, and electrical utilities.
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(j) Each unit in a two-unit residential development shall be separated by a distance of at least six feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building and fire code safety standards and are sufficient to allow a separate conveyance.
(k) Second story exterior decks shall be limited to the rear yard and prohibited for the front and side yards.
(l) Private Open space. Each dwelling unit shall have a deck or a patio, directly adjoining individual units. The minimum private open space required for each unit shall be no less than ninety-six (96) square feet with a minimum width of six (6’) feet for a deck/patio and eight (8’) feet for a landscaped area.
(m) Private storage space. Each dwelling unit shall provide a private storage area of 150 cubic feet. The private storage space shall be directly adjoining and/or within each unit.
(n) Landscaping. No less than twenty (20%) percent of the lot shall be landscaped. All areas of the site that are not utilized for buildings, patios, parking, pedestrian or vehicular access shall be landscaped and provided with a permanent drip irrigation system. All driveways must have a three-foot landscaping buffer from the side property line to include the entire length of the driveway. The front yard shall be landscaped, exclusive of walkways and driveways. No more than sixty (60%) percent of the front yard area shall be paved with permanent hard surfacing. (o) Driveway Width. A two-unit development requires a minimum driveway width of 10 feet. All driveways are required to have a three-foot landscaping buffer from the side property line to include the entire length of the driveway.
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(p) Accessory structures. A two-unit development is allowed one accessory structure per unit and shall not exceed 500 SF and comply with WMC Section 14-
40.030(a).
(q) Maximum building height. The maximum building height for a two-unit development shall be two stories no more than 28-feet high. (r) Public on-site improvements. A two-unit development is required to repair, replace and/or construct a sidewalk with curb and gutter meeting accessibility requirements and the City of Watsonville public improvement standards.
Sec. 14-54.04 Filing, Processing and Action
(a) A Two-Unit Development that complies with all standards in this Chapter shall be approved ministerially with an administrative review permit. No discretionary review or public hearing is required. A building permit application may be submitted concurrently with the administrative review permit application. (b) The City shall act on an application for a Two-Unit Development within sixty days from the date the City receives a completed permit application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The City has acted on the application if it:
(1) Approves or denies the building permit for the Two-Unit Development; or
(2) Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter.
(c) The Community Development Director shall deny the Two-Unit Development if either of the following is found:
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(1) The Two-Unit Development fails to meet or perform one or more objective requirements imposed by this Chapter. Any such requirement or condition shall be specified.
(2) The building official makes a written finding, based upon a preponderance of the evidence, that the proposed development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(d) The Community Development Director shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building and fire code safety standards and are sufficient to allow separate conveyance. (e) The Community Development Director shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed residential units and any easements deemed necessary for access to the public right-of-way.
(f) The Community Development Director shall not require the correction of nonconforming zoning conditions.
Sec. 14-54.05 Use Requirements
(a) It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof under this Chapter for a term that is thirty days or less.
(b) It shall be unlawful to use any dwelling unit under this Chapter for any use other than a residential use.
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(c) Notwithstanding any other provision of this code, no more than two dwelling units shall be permitted on any parcel created under the provisions of this Chapter.”
SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
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SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
***********************************
CITY OF WATSONVILLE
TEXT AMENDMENT
EXHIBIT “A”
SB-9
Implementation Approval Date:
October 11, 2021
Text Amendment Findings (Section 14-12.807)
1. That the proposed amendment is consistent with the policies embodied in the General Plan.
Supportive Evidence
That the proposed Zoning Code text amendment allows the City to facilitate development standards for creation of Two-Unit Developments and Urban Lot Splits that are consistent with Housing Element Goal 1.0 – Improve, conserve, and preserve the safe conditions of and the continued availability of Watsonville’s existing affordable housing stock in order to meet the housing needs of all economic segments of the community, Goal 2.0 – Expand and protect housing opportunities for all economic segments and special needs groups within the community, Goal 4.0 – Where appropriate, mitigate unnecessary government constraints to the maintenance, improvements and development of housing and Goal 5.0 – Ensure fair and equal housing opportunity for all person regardless of race, religion, sex, marital status, family type, ancestry, national origins, color or protected status.
2. That the proposed Zoning Code text amendment is compatible to the extent possible with the actual and general planned use of the adjacent properties.
Supportive Evidence
That the proposed Zoning Code text amendment is compatible to the extent possible with the actual and general planned use of the adjacent properties, in that the text amendment includes development standards compliant with state legislation changes regarding the planning and creation of Two-Unit Developments and Urban Lot Splits effective January 1, 2022. The proposed Zoning Code text amendment is limited to single-family residential (R-1) and single-family residential planned developments (R-1P) Zoning District where the surrounding general planned use of adjacent properties is zoned residential and will be compatible with the actual and general planned use of the adjacent properties.
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C:\Program Files\eSCRIBE\TEMP\17542327426\17542327426,,,Report - Adoption of 2022 Codes .docx Agenda Report
MEETING DATE: Tuesday, October 11, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
ASST COMMUNITY DEVELOPMENT DIRECTOR/
BUILDING OFFICIAL ALLEN
FIRE CHIEF LOPEZ
THROUGH: CITY MANAGER MENDEZ
SUBJECT: ADOPTION OF THE WATSONVILLE BUILDING AND FIRE CODES REFERENCED STANDARDS CALLED “TITLE 24” CALIFORNIA
CODE OF REGULATIONS INCLUDING CITY OF WATSONVILLE
CODE OF REGULATIONS
RECOMMENDED ACTION:
Staff recommends that the City Council introduce ordinances adopting:
1. Chapter 1 (Building & Housing Administrative Code) of Title 8 (Building Regulations) of the Municipal Code.
2. Chapter 2 (Building Code), Chapter 2.5 (Residential Code), Chapter 3 (Electrical Code), Chapter 4 (Mechanical Code), Chapter 5 (Plumbing Code), Chapter 7 (Housing Code), Chapter 15 (California Green Building Standards Code), Chapter 17 (California Energy Code), Chapter 18 (California Historical Code), and Chapter 19 (California Referenced Standards Code) of Title 8 (Building Regulations) of the Watsonville Municipal Code, and 2018 International Existing Building Code Appendixes A1, A2, A3, A4, and A5; and the 2018 International Property Maintenance Code for the Building and Safety Code of the City of Watsonville, California.
3. Chapter 9 (Fire Code) of Title 8 (Building Regulations) of the Watsonville Municipal Code.
BACKGROUND:
Every three years, the State of California adopts new model codes to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. Pursuant to California Health and Safety (H&S) Code Section 18941.5, local jurisdictions are mandated to adopt such state codes, generally within 180 days after publication of the code by the California Building Standards
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C:\Program Files\eSCRIBE\TEMP\17542327426\17542327426,,,Report - Adoption of 2022 Codes .docx Commission (CBSC). CBSC published the 2022 codes on July 1, 2022. Prior to adoption, amendments to the state codes may be incorporated by the local jurisdiction if they can be justified on the basis of local climatic, topographical, and/or geological conditions which affect the jurisdiction.
DISCUSSION:
Staff from the Community Development Department have reviewed the state codes, and have proposed a number of local amendments. These amendments are deemed necessary to maintain the current level of safety and protection throughout the City of Watsonville that has been provided through the current Watsonville Building and Safety Code, 2016. In fact, many of the proposed amendments are carryovers from the current code. It is important that the City amends and adopts the 2022 codes with the proposed amendments by January 1, 2023.
Otherwise by State Law, the published codes by CBSC will be effective without the proposed amendments. The language in the attached ordinance provides the adoption of the 2022 edition of the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building Code, and Green Building Standards; 2018 International Existing Building Code Appendixes A1, A2, A3, A4, and A5; and the 2018 International Property Maintenance Code as well as the recommended amendments with the required findings/justifications pursuant to State Law.
The local amendments meet three basic needs:
1) They establish administrative regulations pertaining to the performance of plan checks, the issuance of permits, the extension of permits, the assessment of permit fees, and other administrative standards and procedures.
2) They provide requirements that are specific to the needs of the City of Watsonville based on climatic, geological, and/or topographical reasons. 3) They provide consistent local requirements that were recommended by the local building official code committees (Tri-Chapter Uniform Code (TUCC) and the various Chapters of International Code Council).
Many of the amendments provided are from an amendment package recommended by TUCC to ensure consistent code adoption among the local cities and counties, including jurisdictions in the Central Coast, South Bay, Peninsula, and East Bay. These amendments were then reviewed by the Building Official, Fire Marshal, and Community Development Director, and found to be consistent with existing Watsonville policies, standards and needs, and were then incorporated into the proposed ordinance. Many of these amendments have been part of the current Watsonville Building and Safety Code, such as those concerning gypsum board (sheetrock) and stucco as seismic resisting elements. When a City standard already exists, the code was amended to be consistent with the City standard.
The ordinance includes proposed code amendments, and when required, it provides an explanation of the necessity for the corresponding code amendment, including whether it
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C:\Program Files\eSCRIBE\TEMP\17542327426\17542327426,,,Report - Adoption of 2022 Codes .docx continues prior amendments, is consistent with another City code or standard, or is part of the TUCC recommended amendment package.
STRATEGIC PLAN:
The adoption of these ordinances would contribute to our goals specifically identified by the City Council in the Strategic Plan to enhance our community image by enforcement of the codes and regulations, ensuring that new and existing buildings meet the minimum building and fire code requirements to keep our residents safe. This code adoption would further support:
1-Housing
2-Economic Development
3-Public Safety
4-Community Engagement & Well Being
FINANCIAL IMPACT:
The adoption of these regulations will result in minimal financial impact to the City’s General Fund. There are ongoing training and material obligations (books) costs necessitated by the adoption of new codes. The cost of implementation and enforcement associated with the new regulations is generally passed on to the customers through plan check and permit fees. No new fees are recommended at this time.
The Administrative Services Director will review the financial impact and advise the City Manager who will then "validate the impact."
ALTERNATIVE ACTION:
1. City Council could decline approval of the code adoption with the proposed amendments.
This would require the enforcement of the State prescribed regulations without changes.
Enforcement for these State mandated codes would begin January 1, 2023. These regulations would not include provisions for the most current seismic design, standards or materials and fire protection requirements contained in the proposed amendments in this ordinance.
2. City Council can choose to adopt only a portion of the amendments or a specific amendment and require that development construction meet only the State adopted codes with only those amendments it chooses to provide for the most current seismic design or fire protection standards as contained in the proposed amendments.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Ord No. (CM) 1
C:\Program Files\eSCRIBE\TEMP\17585235420\17585235420,,,Ordinance - WMC 8-1 Building and Housing Admin Code.docx ri 10/5/2022 5:58:55 PM SWZ ______ RM ______ CDD ______ ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING CHAPTER 1 (BUILDING AND HOUSING
ADMINISTRATIVE CODE) OF TITLE 8 (BUILDING REGULATIONS) OF THE WATSONVILLE MUNICIPAL CODE BY AMENDING SECTION 8-
1.101 TO THE ADMINISTRATIVE PROVISIONS FOR THE ADOPTED
CONSTRUCTION REGULATIONS
Amends Ordinance Number 1397-19 (CM)
OPERATIVE DATE: JANUARY 1, 2023
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 1 CHAPTER 1 BUILDING AND HOUSING ADMINISTRATIVE CODE .......................... 1 Article 1 Administrative Provisions ........................................................................... 1 Section 8-1.101 Title and Scope........................................................................... 2 SECTION 2. PUBLICATION........................................................................................... 2 SECTION 3. EFFECTIVE DATE..................................................................................... 2 o-0-o
THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Subsection (c) of Section 8-1.101 (Title and Scope) of Article 1 (Administrative Provisions) of Chapter 1 (Building and Housing Administrative Code) of Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended to read in words and figures as follows:
CHAPTER 1 BUILDING AND HOUSING ADMINISTRATIVE CODE
Article 1 Administrative Provisions
Ord No. (CM) 2
C:\Program Files\eSCRIBE\TEMP\17585235420\17585235420,,,Ordinance - WMC 8-1 Building and Housing Admin Code.docx ri 10/5/2022 5:58:55 PM
Section 8-1.101 Title and Scope.
(c) Exemption for pending applications. This chapter shall not apply to any building or structure for which application for a construction or demolition permit was made prior to January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged, altered or repaired in accordance with the provisions in effect at the date of said application.
SECTION 2. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 3. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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Ord No. (CM) 1
Meeting Date: 101222
ri 10/5/2022 6:00:44 PM SWZ ______ RM ______ CDD ______ ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING TITLE 8 (BUILDING REGULATIONS) BY
ADOPTING CERTAIN CHAPTERS PERTAINING TO THE ADOPTION BY REFERENCE OF THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE VOLUMES 1 AND 2 AND AMENDING THIS CODE AS IDENTIFIED
HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY IN
CHAPTER 2 (BUILDING CODE), CHAPTER 2.5 (RESIDENTIAL CODE), CHAPTER 3 (ELECTRICAL CODE), CHAPTER 4 (MECHANICAL CODE), CHAPTER 5 (PLUMBING CODE), CHAPTER 15 (GREEN BUILDING
STANDARDS CODE), CHAPTER 17 (CALIFORNIA ENERGY CODE),
CHAPTER 18 (CALIFORNIA HISTORICAL BUILDING CODE) CHAPTER 19 (CALIFORNIA REFERENCED STANDARDS CODE) OF THE
WATSONVILLE MUNICIPAL CODE
Amends Ordinance Number 1398-19 (CM)
OPERATIVE DATE: JANUARY 1, 2023
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 3 Chapter 2 BUILDING CODE......................................................................................... 3 Sec. 8-2.01 Adoption of Technical Provisions of the California Building Code. ........ 4 Chapter 2.5 RESIDENTIAL CODE............................................................................... 4 Sec. 8-2.5.01 Adoption of the California Residential Code....................................... 4 Chapter 3 ELECTRICAL CODE ................................................................................... 4 Sec. 8-3.01 Adoption of the California Electrical Code. ............................................ 4 Chapter 4 MECHANICAL CODE.................................................................................. 5 Sec. 8-4.01 Adoption of the California Mechanical Code. ........................................ 5 Chapter 5 PLUMBING CODE....................................................................................... 5 Sec. 8-5.01 Adoption of the California Plumbing Code............................................. 5 Chapter 15 CALIFORNIA GREEN BUILDING STANDARDS CODE ........................... 6 Sec. 8-15.01 Adoption of the California Green Building Standards Code................. 6 Chapter 17 CALIFORNIA ENERGY CODE.................................................................. 6 Sec. 8-17.01 Adoption of the California Energy Code. ............................................. 6 Chapter 18 CALIFORNIA HISTORICAL CODE............................................................ 1 Sec. 8-18.01 Adoption of the California Historical Code........................................... 1 Chapter 19 CALIFORNIA REFERENCED STANDARDS CODE ................................. 1 Sec. 8-19.01 Adoption of the California Referenced Standards Code...................... 1 SECTION 3. EFFECTIVE DATE. .................................................................................... 1 o-0-o
WHEREAS, Chapter 4 of Part 2.5 of Division 13 of the California Health and Safety Code, commencing with Section 18935, establishes a process for the California Building
Ord No. (CM) 2
Meeting Date: 101222
ri 10/5/2022 6:00:44 PM
Standards Commission to develop, adopt and implement a statewide California Building Standards Code; and
WHEREAS, Section 17922 of the California Health and Safety Code provides that such standards shall be adopted by reference except for any additions made by the State Department of Community Development and shall impose substantially the same requirements as uniform codes identified in subdivision (a) of Section 17922; and WHEREAS, subdivision (c) of Section 17922 of the California Health and Safety Code provides that local use zone requirements, local fire zones, building setback, side and rear yard setback requirements and property line requirements are left specifically and entirely to local jurisdictions; and
WHEREAS, Section 17958 of the California Health and Safety Code provides that any city may change provisions adopted pursuant to Section 17922 if such changes impose the same requirements as those imposed pursuant to Section 17922 after making express findings pursuant to Section 17958.5 and 17958.7. However if a city does not make changes, then the California Building Standards Code becomes effective in such city 180 days after publication of the California Building Standards Code by the California Building Standards Commission; and
WHEREAS, Section 17958.5 of the California Health and Safety Code provides that except for certain noise standards set forth in Section 17922.6, a city may change the requirements of the California Building Standards Code including but not limited to Green Building Standards as it determines are reasonably necessary based on local climatic, geological or topographical conditions but only pursuant to Section 17958.7; and WHEREAS, pursuant to Section 17958.7 of the California Health and Safety Code, a city may make such local changes but only if it makes the express findings regarding
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local climatic, geological and or topographical conditions with the modification or change expressly marked and identified to which such finding refers and files same with the California Building Standards Commission; and
WHEREAS, administrative amendments and amendments to provisions not regulating buildings used for human habitation do not require findings; and WHEREAS, this ordinance contains such findings regarding climatic, geological and or topographical conditions; and
WHEREAS, the City Clerk will file this ordinance and findings with the California Building Standard Commission after adoption; and
WHEREAS, this ordinance is exempt from CEQA review pursuant to subdivision (b)(3) of Section 15061 of the CEQA Guidelines (14 CCR 15061), CEQA applies only to projects which have the potential for causing a significant effect on the environment; and WHEREAS, because it can be seen with certainty that there is no possibility that the adoption of these codes may have a significant effect on the environment, the adoption of the ordinance is exempt from CEQA review.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 2 (Building Code) incorporating the 2022 Edition of the California Building Code to read in words and figures as follows:
Chapter 2 BUILDING CODE
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Sec. 8-2.01 Adoption of Technical Provisions of the California Building Code. (a) Except as provided herein the 2022 California Building Code (Part 2 of Title 24 of the California Code of Regulations) is adopted as the Building Code of the City of Watsonville.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 2.5 (Residential Code) incorporating the 2022 California Residential Code to read in words and figures as follows:
Chapter 2.5 RESIDENTIAL CODE
Sec. 8-2.5.01 Adoption of the California Residential Code. (a) Except as herein provided, the 2022 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) is adopted as the Residential Code of the City of Watsonville.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 3 (Electrical Code), incorporating the 2022 California Electrical Code to read in words and figures as follows:
Chapter 3 ELECTRICAL CODE
Sec. 8-3.01 Adoption of the California Electrical Code.
Except as provided herein, the 2022 California Electrical Code (Part 3 of Title 24 of the California Code of Regulations) is adopted as the Electrical Code of the City of Watsonville.
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Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 4 (Mechanical Code), incorporating the 2022 California Mechanical Code to read in words and figures as follows:
Chapter 4 MECHANICAL CODE
Sec. 8-4.01 Adoption of the California Mechanical Code.
Except as provided herein, the 2022 California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) is adopted as the Mechanical Code of the City of Watsonville.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 5 (Plumbing Code), incorporating the 2022 California Plumbing Code to read in words and figures as follows:
Chapter 5 PLUMBING CODE
Sec. 8-5.01 Adoption of the California Plumbing Code.
Except as provided herein, the 2022 California Plumbing Code (Part 5 of the Title 24 of the California Code of Regulations) is hereby adopted as the Plumbing Code of the City of Watsonville.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 7 (Housing Code), incorporating the 2021 International Property Maintenance Code to read in words and figures as follows:
Chapter 7 HOUSING CODE
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Except as provided herein, the 2021 International Property Maintenance Code is hereby adopted and replaces the 1997 Uniform Housing Code as the Housing Code for the City of Watsonville.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 15 (California Green Building Standards Code), incorporating the 2022 California Green Building Standards Code to read in words and figures as follows:
Chapter 15 CALIFORNIA GREEN BUILDING STANDARDS CODE
Sec. 8-15.01 Adoption of the California Green Building Standards Code.
Except as provided herein, the 2022 California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) is adopted as the Green Building Standards Code of the City of Watsonville.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 17 (California Energy Code), incorporating the 2022 California Energy Code to read in words and figures as follows:
Chapter 17 CALIFORNIA ENERGY CODE
Sec. 8-17.01 Adoption of the California Energy Code.
The 2022 California Energy Code (Part 6, Title 24 of the California Code of Regulations) is adopted as the Energy Code of the City of Watsonville.
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ri 10/5/2022 6:00:44 PM SWZ ______ RM ______ CDD ______ Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 18 (California Historical Code), incorporating the 2022 California Historical Code to read in words and figures as follows:
Chapter 18 CALIFORNIA HISTORICAL CODE
Sec. 8-18.01 Adoption of the California Historical Code.
The 2022 California Historical Code (Part 8, of Title 24 of the California Code of Regulations) is adopted as the Historical Building Code of the City of Watsonville.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by adopting Chapter 19 (California Referenced Standards Code), incorporating the 2022 California Referenced Standards Code to read in words and figures as follows:
Chapter 19 CALIFORNIA REFERENCED STANDARDS CODE
Sec. 8-19.01 Adoption of the California Referenced Standards Code.
The 2022 California Referenced Standards Code (Part 12, of Title 24 of the California Code of Regulations) is adopted as the Referenced Standards Code of the City of Watsonville.
SECTION 2. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 3. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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Ord No. (CM) 1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING SECTION 8-9.101 OF CHAPTER 9 (FIRE CODE) OF TITLE 8 (BUILDING REGULATIONS) OF THE
WATSONVILLE MUNICIPAL CODE PERTAINING TO THE ADOPTION
OF THE 2022 EDITION OF THE CALIFORNIA FIRE CODE
Amends Ordinance Number 1399-19 (CM)
OPERATIVE DATE: JANUARY 1, 2023
Table of Contents
SECTION 1. ENACTMENT. ............................................................................................ 1 Chapter 9 FIRE CODE............................................................................................... 2 Article 1 Administration ............................................................................................ 2 Sec. 8-9.101 Adoption of the California Fire Code. .............................................. 2 SECTION 2. PUBLICATION........................................................................................... 2 SECTION 3. EFFECTIVE DATE..................................................................................... 2 o-0-o
THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby amended by amending Section 8-9.101 (Adoption of the California Fire Code) of Chapter 9 (Fire Code), incorporating the 2022 California Fire Code (CFC), published by the California Building Standards Commission (Part 9 of Title 24 of the California Code of Regulations), to read in words and figures as follows:
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Chapter 9 FIRE CODE
Article 1 Administration
Sec. 8-9.101 Adoption of the California Fire Code.
That portion of the 2022 California Fire Code that imposes substantially the same requirements as are contained in the International Fire Code, 2022 Edition published by the International Code Council and the California Building Standards Commission with Errata, together with those portions of the International Fire Code, 2022 Edition, including Appendices B, BB, C, CC, I and N as published by the International Code Council not included in the California Fire Code, as deleted, added to, excepted, modified or amended are adopted by this reference into this code, and are hereby collectively declared to be the Fire Code of the City of Watsonville, in the State of California.
SECTION 2. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 3. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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