Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner�ei/� FOR: City Council Meeting of October 23, 2023
SUBJECT: City of Yucaipa (Case No. 23-119/DCA): Ordinance No. 431, amending Division 4, Division 7, and Division 8 of the Yucaipa Development Code to regulate Development of Two Unit Residential Development or Urban Lot Splits for Single Family -designated Lots in accordance with Senate Bill 9.
RECOMMENDATION:
That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 431 that will regulate the development of Two Unit Residential Development or Urban Lot Splits for Single Family - designated Lots in accordance with Senate Bill 9; and
2. Find that Ordinance No. 431 is exempt from Environmental Review as state law includes a provision that explicitly states that an ordinance to implement Senate Bill 9 (California Government Code Section 65852.21) shall not be considered a project under the California Environmental Quality Act (CEQA) and, therefore, is not subject to environmental review.
Further, future projects completed under S139 would be a ministerial action and exempt from CEQA, and under the "General Rule" (Section 15061(b)(3)), S139 preempts any City regulations that are not in place.
BACKGROUND:
Senate Bill 9 (S139) is a new housing law that was signed by Governor Newsom on September 16, 2021, and became effective on January 1, 2022. This bill requires a proposed urban lot split or housing development containing no more than two (2) residential units within a single-family residential zone to be considered ministerially, meaning a project reviewed and approved at staff level and without a discretionary review or hearing (i.e. Planning Commission), if the proposed housing development meets certain requirements.
S139 allows a local agency to impose objective zoning, design, and subdivision standards unless those standards would have the effect of physically precluding the construction of two (2)
residential units on either of the resulting subdivided parcels or physically precluding either of the two (2) units from being at least 800 square feet in floor area.
The bill also requires that any units developed under these regulations be rented for more than 30 consecutive days and applicants of urban lot splits must sign an affidavit stating that they intend to occupy one (1) of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.
Since S139 was signed into law, a variety of property owners throughout the City have reached out to Planning Division staff and expressed interest in the potential opportunities that may now be permitted for their property. Further, the UC Berkeley Terner Center for Housing Innovation published an analysis of S139 in July of 2021 (Terner Report) ( https://temercenter.berkeley.edu/blog/duplexes-lot-split-sb-9n . Their work concluded that of the
7.5 million available single-family housing parcels, 714,000, or approximately 8% of available lots, would be market feasible under SB9, and also included a city -by -city analysis. For the City of Yucaipa, 1,100 units may be market -feasible for development under these new provisions. It should be noted that the Terner Report acknowledges that in most cases, these units may take years to be developed, and some may never be developed.
Due to the short turnaround time from when S139 was signed by Governor Newsom and its effective date of January 1, 2022, the ability to develop and provide a complete ordinance that met all the legal noticing requirements, including the public hearing with the Planning Commission, City Council, second reading, and 30-day referendum period was simply not feasible. As a result, staff developed an urgency ordinance pursuant to Government Code Section 65658 that provided a stopgap measure to maintain local control to the extent feasible between when the state law went into effect and a formal ordinance could be prepared, adopted, and ultimately implemented by the City. Urgency Ordinance (Ordinance No. 404-U), which provided interim measures for S139 was presented and approved by the City Council at the regular meeting of December 13, 2021.
Pursuant to state law, an urgency ordinance shall be in effect for 45 days, and may subsequently be extended by the City Council for an additional 10 months and 15 days during that period. After that period, another urgency ordinance may be approved for an additional year extension. In compliance with state law, the City Council subsequently approved Ordinance 405-U and then Ordinance 418-U.
DISCUSSION:
As part of the development of the Urgency Ordinance(s), City staff developed a list of objective design standards that would best ensure the orderly development of residential properties while complying with state law. The City had initially intended to finesse these objective standards through any lessons learned by new S139 projects, and make any necessary updates that may be needed as part of the development of the official ordinance. However, no formal applications have been submitted and approved by the City since S139 has been in effect, but those that have inquired about SB9 have found the interim standards to be reasonable. As such, the proposed Ordinance maintains the overall approach and requirements that have been in effect for the past two years.
Planning Commission Review:
The proposed Ordinance was reviewed by the Planning Commission at their regular meeting of October 4, 2023. The Commission confirmed that the proposed Ordinance continues the City's approach for S139 projects that have already been in place. The Commission, as well as members of the public, commented that the City should continue to evaluate its ordinances and plans to ensure that they are meeting the community's needs and to make any course corrections to address issues that come up. The Planning Commission recommended the item 6-0-1-0 (Hicks absent).
Environmental Review:
The state law includes a provision that explicitly states that an ordinance to implement Senate Bill 9 (California Government Code Section 65852.21) shall not be considered a project under the California Environmental Quality Act (CEQA) and, therefore, is not subject to environmental review. Further, future projects completed under S139 would be a ministerial action and exempt from CEQA.
FISCAL IMPACT:
There is no direct fiscal impact associated with Ordinance No. 431. However, future development would remain subject to the Development Impact Fee (DIF) program, and any subsequent units developed would be required to pay their "fair share" contribution consistent with the current Development Impact Fee Program in order to mitigate their impacts on traffic, drainage, parks, fire services, policies services, and public facilities.
Attachments:
1. Findings for Development Code Amendment
2. Draft Planning Commission Minutes from October 4, 2023
3. Ordinance No. 431
Approved by: �'-'
Attachment 1:
FINDINGS: DEVELOPMENT CODE AMENDMENT NO. 23-119
The proposed Development Code Amendment is consistent with the General Plan and its policies and objectives because its implementation will enhance the public's health, safety, and general welfare, and has been developed to meet the requirements of state law.
Attachment 2:
Agenda Item No.
City of Yucaipa
PLANNING COMMISSION MINUTES
Regular Meeting of October 4, 2023
A Regular meeting of the Planning Commission of the City of Yucaipa, California was called to order in the Council Chambers, 34272 Yucaipa Boulevard, Yucaipa, on October 4, 2023, at 6:30 PM.
PRESENT: J.R. Allgower, Chair
Richard Beck, Commissioner
Stacey Chester, Commissioner
David Higginson, Commissioner
Donna Snodgrass, Commissioner
Lyle Vick, Commissioner
ABSENT: Tony Hicks, Vice Chair
CITY STAFF: Benjamin Matlock, Deputy Director of Community Development/City Planner Czarmaine Maj an, Deputy City Attorney
Madeline Jordan, Associate Planner
Christian Farmer, Assistant Planner
Maria Koolhoven, Planning Commission Assistant
CONVENE PLANNING COMMISSION
The meeting was called to order at 6:31 p.m., with the Pledge of Allegiance led by Commissioner Lyle Vick.
ROLL CALL
PUBLIC COMMENT: No public comments on items not on the agenda.
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial. The Planning Commission will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.
The title is deemed to be read, and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.
Planning Commission Minutes Page 1
10-4-23
1. SUBJECT: Approve Item No. 1, Planning Commission Minutes of September 6, 2023.
ACTION: MOTION BY Commissioner Snodgrass, SECOND BY Commissioner Chester, CARRIED, 6-0-1-0, TO APPROVE CONSENT AGENDA ITEM NO. 1.
PUBLIC HEARINGS:
The order of Business for the Public Hearing Shall Be:
A. Disclosure of Ex Parte Disclosure
B. Staff Presentation
C. Applicant/Representative Presentation
D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Commission Discussion
2. SUBJECT: Uptown Business District Specific Plan (Case No. 22-164/SPA): A Specific Plan Amendment to the Uptown Business District Specific Plan to streamline the review procedures and make necessary updates to the plan based on the current conditions. The streamlined provisions would omit the Development Opportunity Reserve (DOR) process for achieving the permissible 24 du/ac density for residential and mixed -use projects and allow their project approvals through the City's Land Use Compliance Review procedures, consistent with the City's adopted Housing Element and General Plan policies.
RECOMMENDATION:
That the Planning Commission conduct a Public Hearing and recommend that the City Council:
1. Adopt Resolution 2023-51 approving the proposed Specific Plan Amendment for the Uptown Business District Specific Plan; and
2. Adopt the Findings as contained in the Agenda Report; and Find that the Specific Plan Amendment exempt from additional Environmental Review as an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report that had been prepared for the 6th Cycle Housing Element Update (2021-2029) in accordance with Section 15164 of the CEQA Guidelines, and identified that the conditions outlined in Section 15162 of the Guidelines that call for preparation of a subsequent or supplemental EIR were not met; further the adoption of the Ordinance is consistent with Program #10 identified in the Housing Element, and would not result in impacts not originally analyzed in the Addendum to the 2016 General Plan EIR; and
4. Direct Staff to file a Notice of Determination.
DISCUSSION:
Deputy Director/City Planner Ben Matlock presented the Agenda Report.
Planning Commission Minutes Page 2
10-4-23
Commissioner Snodgrass asked for clarification on the maximum height front fagade and if this would allow for a four-story building. Deputy Director/City Planner stated that the existing height would allow for a four-story building to be constructed, and that the goal is intended to help add flexibility for architects.
Commissioner Chester asked if the plan would include a multi -story parking structure. Deputy Director/City Planner Ben Matlock stated that this would not modify anything regarding parking, and a structure has been discussed as a future option.
Commissioner Snodgrass expressed concerns regarding the recent fee schedule that was approved by City Council. Deputy Director/City Planner Ben Matlock noted that the development fees recently approved reflect the cost of living and CPI increases, and to make sure that developers pay for the full share rather than taxpayers. Deputy Director/City Planner Ben Matlock stated that one thing that did change was to minimize the applications that required a deposit and will now be a set fee. Ben also noted that the streamlined process would actually be more cost effective for all.
Public Comments: No comments received.
The Public Hearing was then closed.
Commissioner Higginson noted that likes the idea of streamlining the process.
Commissioner Chester noted that from an economic development standpoint, that this will benefit the city as it creates more jobs and housing, and make the process clearer for everyone.
ACTION: MOTION BY Commissioner Snodgrass, SECOND BY Commissioner Higginson, CARRIED, 6-0-1-0, TO APPROVE AGENDA ITEM NO.2.
3. SUBJECT: City of Yucaipa (Case No. 22-168/DCA): Consideration of Ordinance No. 435, amending Article 7 of Chapter 1 of Division 3 of the Yucaipa Development Code regards the City's Density Bonus Procedures to meet current state law.
RECOMMENDATION:
That the Planning Commission conduct a public hearing and recommend that the City Council:
A) Approve first reading, by title only, as read by staff, of Ordinance No. 435, which amends the City's Density Bonus Procedures to reflect current state law requirements.
B) Find that the Ordinance is exempt from Environmental Review pursuant to CEQA Guidelines Section 15061(b)(3).
DISCUSSION:
Deputy Director/City Planner Ben Matlock presented the Agenda Report.
Planning Commission Minutes Page 3
I 0-4-23
Commissioner Vick noted concerns that with all the recent ordinances in response to state law, he wonders what the erosion of representation in land decisions versus only objective standards that has no face of Yucaipa will be.
Public Comments: No comments received.
The Public Hearing was then closed.
Commissioner Snodgrass asked staff for clarification on the density bonus chart. Deputy Director/City Planner Ben Matlock explained how to use the chart.
ACTION: MOTION BY Commissioner Beck, SECOND BY Commissioner Snodgrass, CARRIED, 6-0-1-0, TO APPROVE AGENDA ITEM NO.3.
4. SUBJECT: City of Yucaipa (Case No. 23-119/DCA): Ordinance No. 431, amending Division 4, Division 7, and Division 8 of the Yucaipa Development Code to regulate Development of Two Unit Residential Development or Urban Lot Splits for Single Family -designated Lots in accordance with Senate Bill 9.
That the Planning Commission conduct a public hearing and recommend that the City Council:
A) Approve first reading, by title only, as read by staff, of Ordinance No. 431 that will regulate the development of Two Unit Residential Development or Urban Lot Splits for Single Family -designated Lots in accordance with Senate Bill 9; and B) Find that the Ordinance is exempt from Environmental Review as state law includes a provision that explicitly states that an ordinance to implement Senate Bill 9 (California Government Code Section 65852.21) shall not be considered a project under the California Environmental Quality Act (CEQA) and, therefore, is not subject to environmental review. Further, future projects completed under SB9 would be a ministerial action and exempt from CEQA, and under the "General Rule" (Section 15061(b)(3)), SB9 preempts any City regulations that are not in place.
DISCUSSION:
Deputy Director/City Planner Ben Matlock presented the Agenda Report.
Public Comments: One public speaker slip was received.
1. Hansen Wang — Quartz Street — He stated that in the streamlining of codes, staff should continue to look ahead and as things change, revisions should be made to make sure we're developing in the way we want. He appreciated the clarification of the density bonus.
Planning Commission Minutes Page 4
10-4-23
Deputy Director/City Planner expressed appreciation for Mr. Wang's comment and agreed that an approach of "set it & forget it" will lead to unexpected outcomes; we should always check on if we are meeting our goals and needs.
The Public Hearing was then closed.
ACTION: MOTION BY Commissioner Higginson, SECOND BY Commissioner Vick, CARRIED, 6-0-1-0, TO APPROVE AGENDA ITEM NO. 4.
ANNOUNCEMENTS: Deputy Director /City Planner Benjamin Matlock announced that the Five Winds Festival is coming up. Mr. Matlock informed the Commissioners that there may be another meeting in October.
ADJOURNMENT:
The meeting adjourned at 7:42 PM.
Benjamin Matlock
Deputy Director/City Planner
JR Allgower
Chair of the Planning Commission
Planning Commission Minutes
10-4-23
Attachment 3:
ORDINANCE NO.431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA AMENDING DIVISION 4, DIVISION 7, AND DIVISION 8 OF THE
YUCAIPA DEVELOPMENT CODE TO REGULATE DEVELOPMENT OF
TWO UNIT RESIDENTIAL DEVELOPMENT OR URBAN LOT SPLITS
FOR SINGLE FAMILY -DESIGNATED LOTS IN ACCORDANCE WITH
SENATE BILL 9
WHEREAS, in 2019 the State of California Legislature declared that "California has a housing supply and affordability crisis of historic proportions;" and WHEREAS, during the 2021 legislative session, the California Legislature passed, and the Governor signed Senate Bill 9 (SB 9), which requires local agencies to ministerially approve urban lot splits and development of two residential units per single family residential lot provided the projects meet certain criteria; and
WHEREAS, SB9 requires cities and counties to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two (2) residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria; and,
WHEREAS, SB 9 projects will have the potential to significantly impact the character of the City's well established single family neighborhoods; and WHEREAS, state law allows a local agency to adopt an ordinance to implement the provisions in SB9 and, as part of that ordinance, allows local agencies to develop objective standards that can best ensure compatible projects are developed; and WHEREAS, the City adopted Urgency Ordinances No. 404-U, 405-U, and 418-U, which provided interim requirements for such projects as the City studied and formulated permanent regulations for the implementation of SB 9 projects in the City; and WHEREAS, the City has developed objective zoning and subdivision standards for SB 9 projects in order to protect the public health, safety, and welfare and ensure tailored standards apply to such development; and
WHEREAS, the Planning Commission has recommended the approval and adoption of these proposed amendments to the Development Code at a duly noticed public hearing on September 61h, 2023; and
WHEREAS, the City Council has reviewed and considered the information in the Agenda Report, as well as public testimony presented at the hearing; and
WHEREAS, the City Council has made the necessary findings to adopt amendments to the Development Code as required by California law and has taken all other actions as required by California law to amend the Development Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 84.0510 (Uses Accessory To Primary Residential) of Chapter 5 (Accessory Uses) of Division 4 (Land Uses) of Volume II (Development Code) of the Yucaipa Municipal Code is hereby amended to read as follows, with all other provisions in Section 84.0510 remaining in effect without amendment:
"The following uses shall be permitted as accessory uses to each single dwelling unit which is allowed by the subject land use district.
(a) Additional Residential Dwelling
Only one of the following shall be allowed on parcels of less than five acres. Each additional residential dwelling shall provide two additional parking spaces, except as otherwise provided by this Code.
(1) Secondary Dwelling Unit
A secondary dwelling unit is an additional single-family residence that is allowed on a lot where there is an existing legal single-family residence, provided that the lot area of the subject property is at least two times the minimum lot size specified by the land use district for the subject property. A secondary dwelling unit is subject to Land Use Compliance Review and must comply with the single residential design standards and the standards specified for the subject land use district. (2) Temporary dependent housing as defined in Division 12 and subject to Special Use Permit.
(3) Caretaker housing as allowed by Section 84.0550 and a Land Use Compliance Review.
(4) Accessory dwelling units as allowed pursuant to Section 84.0570. (5) Qualifying Two -Unit Residential Developments as defined in Government Code Section 65852.21 and allowed pursuant to Sections 88.01701-88.01715.
SECTION 2. Section 87.0315 (Exceptions) of Chapter 3 (Lot Area) of Division 7 (General Design Standards) of Volume II (Development Code) of the Yucaipa Municipal Code is K
hereby amended to read as follows, with all other provisions in Section 87.0315 remaining in effect without amendment:
(f) A single-family residential lot may be subdivided into two lots as part of an urban lot split, pursuant to the regulations starting with Section 88.01701 of the Development Code."
SECTION 3. Chapter 17, Two Unit Residential Development or Urban Lot Splits for Single Family -designated Lots, is hereby added to Division 8 (Specific Use Design Standards) of Volume II (Development Code) of the Yucaipa Municipal Code as follows:
"Chapter 17 Two Unit Residential Development or Urban Lot Splits for Single Family - designated Lots
88.1701 General Provisions
(a) INTENT. The purpose of this article is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 ("S139") subdivisions and development projects on residential zoned properties within the City of Yucaipa. This Chapter is intended to be consistent with, and shall be interpreted in a manner consistent with, state law including, but not limited to, Government Code sections 65852.21 and 66411.7, as those laws may be amended from time to time. If any provision of this Code conflicts with state law, then those provisions shall be void to the limited extent necessary to avoid the conflict, and state law shall apply. (b) LOCATIONAL REQUIREMENTS.
(1) The provisions of this chapter shall only apply to lots designated for Single Family Residential uses pursuant to the City's General Plan. In addition, the following requirements shall be met to qualify for development pursuant to this Chapter:
a. The parcel does not contain prime farmland or farmland of statewide importance as designated on maps prepared by the California Department of Conservation, and is not zoned or designated for agricultural protection or preservation by a local ballot measure.
b. The parcel does not contain wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). c. The parcel is not located within a historic district, nor is the parcel or any resources thereon listed or designated as historic by the County, state, or federal government.
d. The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel k3
will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. The parcel is not part of a hazardous waste site listed pursuant to Government Code § 65962.5 or designated by the Department of Toxic Substances Control pursuant to Health & Safety Code § 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. f. The parcel is not within a special flood hazard area or regulatory floodway on any official maps published by the Federal Emergency Management Agency unless the parcel satisfies all applicable federal criteria in Government Code § 65913.4(a)(6)(G) and (H).
g. The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan, or under a conservation easement; does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.); and is not subject to a conservation easement.
(2) The parcel for which an urban lot split is proposed shall meet all of the following criteria:
a. The parcel is an existing legal lot.
b. The parcel was not established through a prior urban lot split. c. The proposed urban lot split would not require the demolition or alteration of any of the following types of housing as substantiated by an affidavit from the property owner(s):
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or 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.
2 iii. Housing that has been occupied by a tenant in the last three years before the application to subdivide is submitted.
iv. 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 Government Code § 7060 et seq. (eviction) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
d. 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. Future property owners shall be informed of this restriction through a recorded deed notice approved by the County.
(c) COVENANT REQUIRED. A property owner seeking to complete an urban lot split, or develop units on a single-family residential property pursuant to the regulations set forth in SB 9 and the standards in this ordinance, shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the City and provide as follows:
(1) The short term rental for periods less than 30 days of any units and Accessory Dwelling Units (ADUs) on the site shall be prohibited;
(2) Non-residential uses on the site shall be prohibited; (3) Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; and,
(4) The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split.
88.01705 Definitions
For the purposes of this Chapter, the following words and phrases are defined as follows:
Front Lot means when an urban lot split creates two lots where there was previously one lot, the lot with the most frontage on the primary street shall be considered the front lot.
Primary residence means the original dwelling on the property.
Rear Lot means the lot with the least frontage on the primary street when an urban lot split creates two lots where there was previously one lot.
Senate Bill 9 (SB 9) means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7.
Senate Bill 9 (SB 9) Development Project means a development project that consists of either an urban lot split, construction of an additional unit on a single-family zoned lot or up to two units on an urban lot split lot, and/or conversion of a single-family residence into a duplex in accordance with SB 9.
Urban lot split means a parcel map subdivision permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.
88.01710 Review
(a) LAND USE COMPLIANCE REVIEW. Proposed SB 9 Development Projects shall be reviewed through the City's Land Use Compliance Review process to determine whether the criteria for ministerial approval have been met. Notwithstanding any other provision of the City's Development Code, the provisions of this Chapter shall apply to residential projects and urban lot splits that are proposed pursuant to the regulations in SB 9. Except as expressly provided in SB 9 or in this Article, all other regulations of the underlying Land Use District of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the City's Development Code, specifically including the Division of Land Procedures in Chapter 4 of Division 3 of the Development Code as related to any urban lot split. (b) PARCEL MAP. In addition to the requirements listed in Chapter, any urban lot split shall be processed as a parcel map without public notice, and shall receive ministerial approval if all required criteria have been met.
88.01715 Design Standards
(a) All SB 9 development projects shall comply with the following objective standards:
1. Any new residential structure walls shall not exceed 25 feet in any direction without a minimum of one six (6) inch change in wall plane per each 25 feet in length.
2. Building entrances for each unit shall include a projecting porch greater than 5 feet that incorporates a roof with a slope that matches the slope of the primary roof structure.
3. Exterior building materials for any new residential construction shall only change at interior corners of a structure, or if a material is carried around an outside corner, it shall wrap around a minimum of 2 feet and maintain a minimum of 4 inches thickness (i.e. furring) in order to appear as a pilaster or column.
4. Parking required - One parking space is required for each duplex unit created pursuant to the regulations in this ordinance, unless the parcel upon which the unit is created is within one-half mile of a high -quality transit corridor or a major transit stop or there is a car C
share vehicle located within one block of the project. Required parking shall meet the following location requirements:
a. Parking shall not be provided within a front setback. b. Rear lot parking shall be accessed via an alley, if there is an alley.
Proposed parking areas for rear units and development on rear lots shall be screened from public views with shrubs and/or dense landscaping of a minimum height of 30 inches at maturity.
6. Carports, detached garages, and accessory structures shall be architecturally integrated into the overall design of the project through the use of the same materials as those used on the primary residence or other residential unit proposed as part of the project, and maintain the same architectural style of the primary structure. In addition, garage doors shall be recessed into the garage wall a minimum of 4 inches to provide shadow relief.
7. Mechanical equipment (air conditioners, water softener tanks, solar collectors, duct work, meters, heaters, etc.), whether on the roof or the ground, shall be screened from public view. Materials and details used for screening on accessory structures or additional residential units shall be the same as those used on the primary residence or consistent as among all proposed structures.
8. Electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way.
9. Outdoor storage areas for any unit or units on the property or properties shall be screened from view from adjacent public rights -of -way.
10. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.
11. Trash and recycling storage areas shall be located at the rear or interior side yards of each lot.
12. A complete landscaping and irrigation plan for each lot shall be submitted to and approved by the Development Services Department prior to the issuance of building permits for a two -unit residential development. All landscape plans shall comply with the City's water conservation ordinance and the City's administrative guidelines regarding minimum plant quantities and sizes.
13. For accessory dwelling units proposed to be developed within or added onto an existing non -historic structure, the architectural style, massing, and detailing shall match the existing structure. This includes continuation of all building materials including but not limited to siding, windows, doors, roofmg, trim, light fixtures, hardware and railings, and roof slopes and building entry design.
14. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows, doors, or combination thereof, to match the existing exterior garage wall covering and detailing of the structure.
15. Unless attached to and made a part of a primary residence, no detached accessory dwelling unit shall be closer than 10 feet to any other dwelling unit on the same lot; and no detached accessory building shall be closer than 5 feet to any other main or accessory building on the same lot. The underlying Land Use District front yard setbacks shall be maintained.
16. All addresses for residential units using a shared driveway or pedestrian pathway must be displayed at their closest point of access to a public street for emergency responders.
17. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and be a minimum of 3 feet wide if serving one to two units, and a minimum of 5 feet wide if serving three or more units. Pedestrian pathways shall not exceed 200 feet in length, and shall be made of a minimum 4-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or comparable hardscape materials that result in a continuous pathway.
18. Chain link shall not be used as a permitted screening material or perimeter fence. New parcels created through an urban lot -split shall utilize long lasting screening materials such as a split -face concrete masonry unit (CMU) walls or other types of block walls that include detailing features, wood, vinyl, or wrought iron/tubular steel fences along the newly created property lines.
19. A 400 square foot garage or carport, not to exceed 12 feet in height, that serves a second unit or accessory unit may be permitted no closer than 4 feet from a side or rear property line, or shall otherwise conform to the applicable setbacks within the land use district. (b) Urban Lot Splits. The following shall apply to the lot configuration of any urban lot split.
1. No lot resulting from an urban lot split shall be smaller than 1,200 square feet.
2. The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the net lot area of the original parcel.
3. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.
4. The width of any lot resulting from an urban lot split shall not be less than 75% of the original lot width.
5. No right-of-way dedications shall be imposed upon urban lot split projects.
SECTION 4. CEQA Findings. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment, given the fact that no specific development is contemplated at this time, and the ordinance is only establishing regulations for future development if proposed pursuant to SB 9. Further, development that would be contemplated under this ordinance must be treated ministerially, and any such projects would be statutorily exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15268 of Title 14 of the California Code of Regulations, as separate and independent bases for exemption.
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance Number 431 amending Division 4, Division 7, and Division 8 of the Yucaipa Development Code to regulate Development of Two Unit Residential Development or Urban Lot Splits for Single Family - designated Lots in accordance with Senate Bill 9."
PASSED, APPROVED and ADOPTED on this day of , 2023.
ATTEST:
Justin Beaver, Mayor
APPROVED AS TO FORM
Ana V. Sauseda, CMC Steven Graham, City Attorney
Director of General Services/City Clerk
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