Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of November 13, 2023
SUBJECT: Second Reading of Ordinance No. 431
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 431, an Ordinance of the City Council of the City of Yucaipa, California, 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.
Attachment:
1. Ordinance No. 431
Approved By: —�—
ATTACHMENT 1
ORDINANCE NO. 431
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, 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 6t", 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 2 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
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.
0 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.
5 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.
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 0 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, roofing, trim, light fixtures, hardware and railings, and roof slopes and building entry design.
7 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.
Eta
5. No right-of-way dedications shall be imposed upon urban lot split projects.
SECTION 4. CAA 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 13th day of November, 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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