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HomeMy WebLinkAbout33 Ord. 1373 Urgency for SB 9MEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT December 16, 2021 Rosie Lua, Principal Planner Consideration for approval of an urgency ordinance establishing new objective development standards relative to approvals of urban lot splits and two -unit projects relating to Senate Bill (SB) 9 in single-family residential zones and determining the ordinance to be exempt from the California Environmental Quality Act (CEQA) Waive further reading and adopt Urgency Ordinance No. 1373 establishing new objective development standards relative to approvals of urban lot splits and two -unit projects relating to SB 9 in single-family residential zones by amending Chapter 25.34 (Special Use Provisions) and adding Chapter 26.30 (Urban Lot Splits) of the Palm Desert Municipal Code (PDMC) and determining the ordinance to be exempt from CEQA. Strategic Plan Objective The Zoning Ordinance Amendments (ZOAs) relating to Community Engagement achieves the following Priorities outlined in the Envision Palm Desert Strategic Plan: • Land Use, Housing & Open Space — Priority 2: "Facilitate development of high -quality housing for people of all income levels." Executive Summary The City Council will consider adopting an urgency ordinance pursuant to Government Code § 36937 for ministerial approvals of urban lot splits and two -unit projects relating to Senate Bill 9 by amending Chapter 25.34 (Special Use Provisions) and adding Chapter 26.30 (Urban Lot Splits) of the PDMC. The urgency ordinance requires a 4/5 vote of the City Council, and if approved, it will take effect immediately. Staff recommends an urgency ordinance to ensure that the City's Senate Bill 9 standards are in place before the new laws take effect on January 1, 2022 Background Analysis On September 16, 2021, Governor Newsom signed Senate Bill 9 (Atkins) into law, taking effect on January 1, 2022, to address housing affordability and supply statewide. Senate Bill December 16, 2021 — Staff Report Senate Bill 9 Urgency Ordinance Page2of6 9 affects both subdivisions ("urban lot splits") under Government Code § 66411.7 and land use (two -unit and second -unit projects) under Government Code § 65852.21, relating to the development of multiple units on a single-family lot, subdividing a lot into two parcels. SB 9 Summary: • Urban Lot Splits (Government Code § 664211.7) requires a local agency to ministerially approve a parcel map for a lot split (establishing two legal parcels) when the map meets all the applicable requirements detailed in Senate Bill 9. • Two -unit Projects (Government Code § 65852.21) requires a local agency to ministerially approve a housing development of no more than two (2) residential units to the existing unit within a single-family residential zone without discretionary review or hearing when the proposed development meets all the applicable requirements. The following requirements are common (limited list provided) for both Senate Bill 9 sections listed above: • The property is in a single-family residential zone. • The parcel is not one on which an owner exercised their rights under the Ellis Act within the last 15 years to withdraw accommodations from rent or lease. • The proposal is not for property located within a historic district or is not designated as a historical property. • The parcel is not located on any of the following sites as more fully described in Government Code § 65913.4(a)(6)(B)-(K): o A very high fire hazard severity zone unless the site has been excluded by a local agency and there are adopted fire hazard mitigation measures that apply pursuant to building standards, or state fire mitigation measures are applicable to the development. o Within a delineated earthquake fault zone unless the development complies with applicable seismic protection building codes. o Within a 100-year flood hazard unless the site has been subject to a Letter of Map Revision by FEMA, or the site meets FEMA requirements. o Within a regulatory floodway as determined by FEMA. o Conservation lands identified in a conservation plan. o Habitat for protected species identified as candidate, sensitive, or special status species, or fully protected species. o Lands under conservation easement. Senate Bill 9 allows cities to impose objective zoning, subdivision, and design standards (collectively "objective development standards") on covered urban lot splits and two -unit projects. An objective standard is a regulation that does not involve personal or subjective judgment and that is verifiable by reference to an external and uniform benchmark or criterion (e.g., a height limit). December 16, 2021 — Staff Report Senate Bill 9 Urgency Ordinance Page 3 of 6 SB 9 Requirements for Urban Lot Splits: Senate Bill 9 also established additional requirements for a proposed parcel map under Government Code § 66411.7 to split a single-family residential lot into two lots (commonly referred to as an urban lot split). The urban lot splits must comply with but are not limited to the following: • Conform to all applicable objective requirements of the Subdivision Map Act except as modified by this statute. • Create no more than two new parcels, which are approximately equal in size, and the smaller parcel cannot be less than 40 percent of the lot area of the original parcel. • No parcel can be less than 1,200 square feet. • "Piggy -backing" (multiple) lot splits are specifically prohibited in that a parcel being split cannot have been created through a previous lot split under Section 66411.7, and neither the owner of the parcel or any person acting in concert with such owner has previously subdivided an adjacent parcel using an urban lot split under this section. • The City's ability to apply dedications, requirements, and conditions to parcel maps for the subject lot splits are limited to the following: o Cannot impose regulations that require dedication of rights -of -way. o Cannot require the construction of offsite improvements. o Can require easements for the provision of public services and facilities. o Can require that parcels have access to, provide access to, or adjoin the public right-of-way. o Must require that the uses are limited to residential uses. o Applicant must sign an affidavit that the applicant intends to occupy one of the units as their principal residence for a minimum of three years from the date of the approval. No other owner occupancy standards can be imposed. (This restriction does not apply to an applicant that is a community land trust or a qualified nonprofit corporation.); and o Cannot require the correction of nonconforming zoning conditions as a condition. SB 9 Standards for Two -Unit Projects: Senate Bill 9 also establishes specific development standards that apply to the subject two - unit projects as established in Government Code § 65852.21. However, local standards must comply with but are not limited to the following: • Must not have the effect of physically prohibiting the construction of up to two units or at least 800 square feet each unit. • Cannot require a setback of more than four feet from side and rear lot lines. • Regardless of setback provisions, must allow structure constructed in the same location and to the same dimension as an existing structure. • Parking requirements are limited to one space per unit. • No parking can be required when the parcel is: December 16, 2021 — Staff Report Senate Bill 9 Urgency Ordinance Page 4 of 6 o Within 1/2 mile of a high -quality transit corridor (Pub. Resource Code Section 21155) or a major transit stop (Pub. Resource Code Section 21064.3). • Cannot prohibit adjacent or connected structures that comply with applicable building code safety standards and are sufficient to allow separate conveyance. • Short-term rentals are prohibited. • Deny a project only if the building official makes a written finding, based upon a preponderance of the evidence, that the project will have a specific, adverse impact as determined by section 65589.5(d)(2) (Housing Accountability Act) upon public health and safety or the physical environment for which there is no feasible mitigation measure. Analysis Senate Bill 9 allows local agencies to adopt objective development standards for urban lot splits and two -unit projects. This ordinance will add Chapter 26.30 "Urban Lot Splits" to Chapter 26, Subdivisions, of the Zoning Code and Section 25.34.180 "Two -unit Projects" under Special Use Provisions, Chapter 25, of the Zoning Code of the PDMC. Chapter 26.30 regulates parcel maps for urban lot splits in the single-family zone consistent with the requirements of Government Code § 66411.7. In addition, PDMC Section 25.34.180 has been added to implement multi -units in a single-family residential lot pursuant to Government Code § 65852.2 (Two -Unit Projects) (See Attachment No. 1). Generally, the proposed ordinance is written to allow the City to exercise as much local control over Senate Bill 9 projects as state law allows. Among other things, the ordinance includes regulations governing the following: • Location (SFR zone; not in sensitive, dangerous, historic areas; not on rental property (within last 3 years)) • Lot Size (2,400 sf min to split; 1,200 sf min for resulting) • Lot Access (adjoin ROW) • Unit Size (800 sf max / du) • Lot Coverage and Open Space (50 percent max and min, respectively) • Unit Height (16 feet max, unless lot is smaller than 2,000 sf) • Setbacks (normal, except as necessary to allow two units at 800 sf each; but no less than 4 feet side and rear) • Use (residential -only, no short-term rental) • Parking (one space, unless exempt by statute) • Owner occupancy (three-year minimum on urban splits; permanent on two -unit projects) • Architecture (must match other dwelling or dwellings on property; no direct lines of sight) • Utilities (direct connections to service providers; all underground) • Separate Conveyance Within a Lot (prohibited; no condos, no timeshares or separate - use co -ownerships) • Deed Restriction (required; no short-term rental, non-residential use, or separate conveyance; development limited to Senate Bill 9 projects) December 16, 2021 — Staff Report Senate Bill 9 Urgency Ordinance Page 5 of 6 If the City does not adopt appropriate objective development standards for urban lot splits and two -unit projects under Senate Bill 9 as of January 1, 2022, the City would thereafter be limited to applying the few existing objective standards in the PDMC, which did not anticipate and was not enacted with urban lot splits and two -unit projects in mind. Approving such projects based solely on the PDMC's existing standards would, among other things, pose an immediate threat the character of existing neighborhoods and negatively impact property values, personal privacy, and fire safety. The urgency ordinance provides staff the appropriate time to evaluate the City's ordinances and present appropriate regulations governing lot configuration, unit size, height, setback, landscape and architectural requirements, among other regulations that can potentially threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. In early 2022, Staff anticipates amended ordinances will follow through the normal ordinance approval process including Planning Commission and City Council to update the ordinances currently being considered. Environmental Determination Under California Government Code § 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code § 66411.7 and 65852.21 and regulating urban lot splits and two -unit projects is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by Senate Bill 9. Conclusion Senate Bill 9 as approved by the State will become effective January 1, 2022, requiring the City to allow single-family residentially zoned properties to be split into two legal parcels (with a minimum lot size of 1,200 square feet each) and respectively allow construction of two single-family residential units on a lot. This urgency ordinance will implement appropriate objective development standards for urban lot splits and two -unit projects under Senate Bill 9 immediately and allow staff time to study its zoning regulations and establish the appropriate standards to meet Senate Bill 9 within the City. As stated above, threats to public safety, health, and welfare justify the adoption of this urgency ordinance to be effective immediately upon adoption. Fiscal Analysis There are no fiscal implications associated with Council's discussion of this item. December 16, 2021 - Staff Report Urgency Ordinance — SB 9 Housing Legislation Page 6 of 6 LEGAL REVIEW RWH Robert W. Hargreaves City Attorney DEPT. REVIEW FINANCIAL REVIEW iltantita Cauaxz City Manager, L. Todd Hileman: ATTACHMENT: 1. Draft Urgency Ordinance No. 1373 2. Senate Bill 9 — State Law N/A Martin Alvarez, Director of Janet Moore Development Services Director of Finance L. Todd ftiLema w CITY COUNCIL ATION APPROVED DENTED RECEIVED OTHER Acid ed uvc;tncL1 f)rd . 13•73 MEETING DATE I2- ' 1101A AYES:•3b (14' 1t01,e lLi/ IJeS-i ndei?w a 'vfi f< NOES: None ABSENT: WO ne ABSTAIN. I./One VERIFIED BY: N/II- 1 SYT5 Original on File with City Clerk's Office ASSISTANT CITY MANAGER Andy Firestine Andy Firestine Assistant City Manager URGENCY ORDINANCE NO. 1373 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25.34 (SPECIAL USE PROVISIONS) AND ADDING CHAPTER 26.30 (URBAN LOT SPLITS) OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND TWO -UNIT PROJECTS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, the City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and Governor Gavin Newsom signed into law Senate Bill 9 ("SB 9"), which among other things, adds Government Code Section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two -unit projects; and WHEREAS, SB 9 allows local agencies to adopt the objective design, development, and subdivision standards for urban lot splits and two -unit projects; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city ordinance; and WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 Law because if the City does not adopt appropriate objective standards for urban lot splits and two -unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two -unit projects in mind; and WHEREAS, the approval of urban lot splits and two -unit projects based solely on the City's default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify the adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four -fifths vote of the City Council; and WHEREAS, to protect public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b). URGENCY ORDINANCE NO. 1373 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two -unit projects is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9. Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project. Section 3. Amending Chapter 25.34 (Special Use Provisions) and adding Chapter 26.30 (Urban Lot Splits) of the City of Palm Desert Municipal Code is hereby amended and restated as provided in Exhibit "A", attached hereto, and incorporated herein by reference. Section 4. This ordinance takes effect immediately upon its adoption. Section 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption. Section 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. Section 7. The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk a Notice of Exemption within five (5) working days of the adoption of this Ordinance. Section 8. The Custodian of Records for this Ordinance is with the City Clerk and the records compromising the administrative record for this Ordinance are located at 73510 Fred Waring Drive, Palm Desert, CA 92260. 2 URGENCY ORDINANCE NO. 1373 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at a regular meeting of the City Council held on the 16th day of December, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: NORMA I. ALLEY, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY JAN C. HARNIK, MAYOR 3 URGENCY ORDINANCE NO. 1373 EXHIBIT A Amendments to Municipal Code ORDINANCE NO. 1373 EXHIBIT "A" IN THE SUBDIVISION TITLE: SUBDIVISIONS Section 26.30 Urban Lot Splits (a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. (b) Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot (Gov. Code § 66499.34) into two lots in accordance with the requirements of this section. (c) Application. (1) Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or a corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). (2) An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (3) The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (d) Approval. (1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Development Services, without discretionary review. (2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval. (3) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. ORDINANCE NO. 1373 (4) The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code. (e) Requirements. An urban lot split must satisfy each of the following requirements: (1) Map Act Compliance. (A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this code, and a list of application requirements except as otherwise expressly provided in this section. (B) If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement: (i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. (ii) The City has all the remedies available to it under the SMA, including but not limited to the following: (I) An action to enjoin any attempt to sell, lease, or finance the property. (II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor. (IV) Record a notice of violation. (V) Withhold any or all future permits and approvals. (C) Notwithstanding section 66411.1 of the SMA, no dedication of rights -of - way or construction of offsite improvements is required for an urban lot split. (2) Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. ORDINANCE NO. 1373 (3) Lot Location. (A) The lot to be split is not located on a site that is any of the following: (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland. (iii) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either: (I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (vii) Within a regulatory floodway unless all development on the site has received a no -rise certification. (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species. (x) Land under conservation easement. (B) The purpose of subpart 26.30(e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).) ORDINANCE NO. 1373 (4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district. (5) No Prior Urban Lot Split. (A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. (6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income -restricted for households 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 policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (i) The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (7) Lot Size. (A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet. (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area. ORDINANCE NO. 1373 (8) Easements. (A) The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. (B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart 26.30(d)(2) above. (9) Lot Access. (A) Each resulting lot must adjoin the public street right-of-way. (B) Each resulting lot must have frontage on the public street right-of-way of at least 12.5 feet. (C) All vehicular access must be at the frontage on the public right of way. (10) Unit Standards. (A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 25.34.180 of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU). (B) Unit Size. (i) The total floor area of each primary dwelling that is developed on a resulting lot must be: (I) less than or equal to 800 and (II) more than 500 square feet. (ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. (iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. ORDINANCE NO. 1373 (C) Height Restrictions. (i) On a resulting lot, no new primary dwelling unit shall be limited to a single story (16 feet maximum height), measured from grade to peak of the structure. (ii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. (D) Lot Coverage. The lot coverage of the subject property's zoning district or specific plan designation shall apply to the existing and newly created parcel, the application of this lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (E) Setbacks. (i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (ii) Exceptions. Notwithstanding subpart 26.30(e)(10)(E) above: (I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (II) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area, but in no event may any structure be less than four feet from a side or rear property line. (iii) Front Setback Area (Street Facing). Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must have the front setback street as required by the underlying zone. The front setback area must: (I) be kept free from all structures greater than three feet high. (II) be at least 50 percent landscaped with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect. (III) allow for vehicular and fire -safety access to the front structure. ORDINANCE NO. 1373 (iv) Corner Lot Setback. Notwithstanding any other part of this code building placements shall comply with PDMC Section 25.40.100 (Traffic Sight Obstruction). (F) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies: (i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (II) a site that contains (G) Architecture. (i) a. an existing rail or bus rapid transit station, b. a ferry terminal served by either a bus or rail transit service, or 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 periods. c. The site is located within one block of a car -share vehicle location. d. Driveway placement for vehicular access shall be adequately separated from any existing or proposed street intersection. e. All driveway placements shall be located at primary street frontage. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) All exterior lighting must be limited to down -lights and shall comply with Chapter 24.16 (Outdoor Lighting Requirements). ORDINANCE NO. 1373 (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor or (for windows and doors) utilize frosted or obscure glass. (vi) All rooftop equipment shall comply with regulations of PDMC Section 25.40.90(C). (H) Landscaping. Landscape screening must be planted and maintained between each dwelling and adjacent lots (but not right-of-ways) as follows: (I) (i) At least one 15-gallon size plant shall be provided for every five linear feet of the exterior wall. Alternatively, at least one 24" box size plant shall be provided for every 10 linear feet of the exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. (iii) All landscaping must be drought tolerant. (iv) All landscaping must be from the Coachella Valley Water District (CVWD) approved plan list. (v) All ground -mounted utilities shall comply with screening regulations of PDMC Section 25.40.090 Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (J) Utilities. (i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the ORDINANCE NO. 1373 last five years or, if the percolation test has been recertified, within the last 10 years. (K) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code. (11) Fire -Hazard Mitigation Measures. (A) A lot in a very high fire hazard severity zone must comply with each of the following fire -hazard mitigation measures: (i) It must have direct access to a public right of way with a paved street with a width as required by the Fire Marshal. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose -pull distance from either the public right of way or of an onsite fire hydrant or standpipe. (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire - authority approved hookups compatible with fire -authority standard pump and hose equipment. (B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire -hazard mitigation measures in accordance with this subpart 26.30(e)(11). The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application. (12) Separate Conveyance. (A) Within a resulting lot. (i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. ORDINANCE NO. 1373 (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots. (13) Regulation of Uses. (A) Residential -only. No non-residential use is permitted on any lot created by urban lot split. (B) No Short-term Rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. (C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. (14) Notice of Construction. (A) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: (I) Notice that construction has been authorized, (ii) The anticipated start and end dates for construction, (iii) The hours of construction, (iv) Contact information for the project manager (for construction - related complaints), and (v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. ORDINANCE NO. 1373 Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectations. (15) Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following: (A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. (B) Expressly prohibits any non-residential use of the lots created by the urban lot split. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (D) States that the property is formed by an urban lot split and is therefore subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development. (f) Specific Adverse Impacts. (1) Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (2) "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). (3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. ORDINANCE NO. 1373 IN THE LAND USE TITLE: SPECIAL USE PROVISIONS Section 25.34.180 Two -unit Projects (a) Purpose. The purpose of this section is to allow and appropriately regulate two -unit projects in accordance with Government Code section 65852.21. (b) Definition. A "two -unit project" means the development of two primary dwelling units or if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot (Gov. Code § 66499.34) in accordance with the requirements of this section. (c) Application. (1) Only individual property owners may apply for a two -unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). (2) An application for a two -unit project must be submitted on the City's approved form. (3) The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application. (4) Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (5) The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (d) Approval. (1) An application for a two -unit project is approved or denied ministerially, by the Director of Development Services, without discretionary review. (2) The ministerial approval of a two -unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements. (3) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. ORDINANCE NO. 1373 (4) The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code. (e) Requirements. A two -unit project must satisfy each of the following requirements: (1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. (3) Lot Location. (A) The lot is not located on a site that is any of the following: (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland. (iii) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either: (I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (vii) Within a regulatory floodway unless all development on the site has received a no -rise certification. (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. ORDINANCE NO. 1373 (ix) Habitat for protected species. (x) Land under conservation easement. (B) The purpose of subpart is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).) (4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district. (5) No Impact on Protected Housing. The two -unit project must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income -restricted for households 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 policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. (i) The applicant and the owner of a property for which a two -unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (6) Unit Standards. (A) Quantity. (i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU. ORDINANCE NO. 1373 (ii) A lot that is not created by an urban lot split may have a two -unit project under this section, plus any ADU or JADU that must be allowed under state law and the City's ADU ordinance. (B) Unit Size. (i) The total floor area of each primary dwelling built that is developed under this section must be (I) less than or equal to 800 and (11) more than 500 square feet. (ii) A primary dwelling that was legally established on the lot prior to the two -unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two -unit project. The unit may not be expanded. (iii) A primary dwelling that was legally established prior to the two - unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two -unit project. (C) Height Restrictions. (i) On a resulting lot, no new primary dwelling unit shall be limited to a single story (16 feet maximum height), measured from grade to peak of the structure. (ii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. (D) Demo Cap. The two -unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. (E) Lot Coverage. The lot coverage of the subject property's zoning district or specific plan designation shall apply to the existing and newly created parcel, the application of this lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (F) Setbacks. (i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (ii) Exceptions. Notwithstanding subpart 25.34.180(e)(6)(F) above: ORDINANCE NO. 1373 (i) (I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (II) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area, but in no event may any structure be less than four feet from a side or rear property line. Front Setback Area (Street Facing). Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must have the front setback street as required by the underlying zone. The front setback area must: (I) be kept free from all structures greater than three feet high. (II) be at least 50 percent landscaped with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect. (III) allow for vehicular and fire -safety access to the front structure. (ii) Corner Lot Setback. Notwithstanding any other part of this code building placements shall comply with PDMC Section 25.40.100 (Traffic Sight Obstruction) (G) Parking. Each new primary dwelling unit must have at least one off- street parking space per unit unless one of the following applies: (i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (II) a site that contains (ia) an existing rail or bus rapid transit station, (ib) a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of ORDINANCE NO. 1373 15 minutes or less during the morning and afternoon peak commute periods. (ii) The site is located within one block of a car -share vehicle location. (iii) Driveway placement for vehicular access shall be adequately separated from any existing or proposed street intersection. (iv) All driveway placements shall be located at primary street frontage. (H) Architecture. (I) (i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) All exterior lighting must be limited to down -lights and shall comply with Chapter 24.16 (Outdoor Lighting Requirements). (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor or (for windows and for doors) utilize frosted or obscure glass. (vi) All rooftop equipment shall comply with regulations of PDMC Section 25.40.90(C). Landscaping. Landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows: ORDINANCE NO. 1373 (7) (i) At least one 15-gallon size plant shall be provided for every five linear feet of the exterior wall. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of the exterior wall. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (iii) All landscaping must be drought tolerant. (iv) All landscaping must be from the Coachella Valley Water District (CVWD) approved plan list. (v) All ground -mounted utilities shall comply with screening regulations of PDMC Section 25.40.090. (J) Nonconforming Conditions. A two -unit project may only be approved if all nonconforming zoning conditions are corrected. (K) Utilities. (i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (ii) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (L) Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code. Fire -Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire -hazard mitigation measures: (A) It must have direct access to a public right of way with a paved street with a width as required by the Fire Marshal. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (B) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (C) All enclosed structures on the site must have fire sprinklers. ORDINANCE NO. 1373 (D) All sides of all dwellings on the site must be within a 150-foot hose -pull distance from either the public right of way or of an onsite fire hydrant or standpipe. (E) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire -authority approved hookups compatible with fire -authority standard pump and hose equipment. (8) Separate Conveyance. (A) Primary dwelling units on the lot may not be owned or conveyed separately from each other. (B) Condominium airspace divisions and common interest developments are not permitted within the lot. (C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. (9) Regulation of Uses. (A) Residential -only. No non-residential use is permitted on the lot. (B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days. (C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two -unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile. (10) Notice of Construction. (A) At least 30 business days before starting any construction of a two -unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: (i) Notice that construction has been authorized, (ii) The anticipated start and end dates for construction, (iii) The hours of construction, (iv) Contact information for the project manager (for construction - related complaints), and (v) Contact information for the Building & Safety Division. ORDINANCE NO. 1373 (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectations. (11) Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following: (A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. (B) Expressly prohibits any non-residential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (D) If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile. (E) States that the property is formed by an urban lot split and is therefore subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development. (f) Specific Adverse Impacts. (1) Notwithstanding anything else in this section, the City may deny an application for a two -unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (2) "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). (3) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) Remedies. If a two -unit project violates any part of this code or any other legal requirement: ORDINANCE NO. 1373 (1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract. (2) The City may: (A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor. (D) Record a notice of violation. (E) Withhold any or all future permits and approvals. (F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's code. 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. Home Bill Information SHARE THIS: 1 LEGISLATIVE INFORMATION California Law Publications Other Resources My Subscriptions My Favorites SB-9 Housing development: approvals. (2o21-2o22) Senate Bill No. 9 CHAPTER 162 Date Published: 09/17/2021 09:00 PM 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. 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 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 1/8 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state - mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65852.21 is added to the Government Code, to read: 65852.21. (a) A proposed housing development containing no more than two residential units within a single- family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 2/8 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. (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. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 3/8 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. (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. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 4/8 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. (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. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 5/8 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. (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. (I) 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. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 6/8 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. 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 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 7/8 11/30/21, 8:56 AM Bill Text - SB-9 Housing development: approvals. 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. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 8/8