HomeMy WebLinkAbout09 - Initiation of Code Amendments Related to Senate Bill No. 9 (PA2021-277)Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
November 30, 2021
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Senior Planner -
bzdeba@newportbeachca.gov
949-644-3253
TITLE: Resolution No. 2021-122: Initiation of Code Amendments Related to
Senate Bill No. 9 (PA2021-277)
F-11:163 I Z7_T91 6
For the City Council's consideration is adoption of a resolution to initiate amendments to
the General Plan, Coastal Land Use Plan of the Local Coastal Program, Titles 19
(Subdivisions), 20 (Planning and Zoning), and 21 (Local Coastal Program Implementation
Plan) related to the City of Newport Beach's implementation of Senate Bill No. 9 (SB 9).
Effective on January 1, 2022, SB 9 will enact changes to state law that generally would
allow ministerial subdivisions and the construction of up to two units for lots that are
designated for single-family land use.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2), 15060(c)(3), and 15262 of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it will not result
in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2021-122, A Resolution of the City Council of the City of Newport
Beach, California, Initiating Amendments to the General Plan, Coastal Land Use Plan
of the Local Coastal Program, and Titles 19 (Subdivisions), 20 (Planning and Zoning),
and 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code Related to the City's Implementation of Senate Bill No. 9 (PA2021-277).
DISCUSSION:
On September 16, 2021, Governor Gavin Newsom signed and approved Senate Bill No.
9 (SB 9) into law with an effective date of January 1, 2022 (Attachment B).
SB 9 includes provisions that would:
1) Allow urban lot splits (subdivisions) of a single-family zoned (or a comparable
designation in a planned community zoning district) lot into two lots; and
9-1
Resolution No. 2021-122: Initiation of Code Amendments Related to Senate Bill No. 9
(PA2021-277)21-277)
November 30, 2021
Page 2
2) Allow construction of two units on a single-family zoned property.
A subdivision followed by the development of two units on each new lot could result in in
a maximum of four total dwelling units.
All projects on qualifying properties processed under SB 9 must be done so ministerially,
meaning there can be no public hearings and no review under the California
Environmental Quality Act (CEQA). Qualifying properties include those zoned for single-
family that are within an urbanized area. For Newport Beach, this generally means the R-
1 Zoning Districts and planned communities where single-family residences are allowed.
However, it is important to note that many planned communities have active homeowners'
associations (HOAs), which have restrictions that may preclude SB 9 projects.
Development Standards
The City of Newport Beach (City) can only apply objective development standards.
"Objective standards" are those that do not require any exercise in judgment to apply,
including parameters like numeric setbacks, height and similar restrictions. These
standards cannot be so restrictive that they prevent the construction of at least two units
that are 800 square feet in size each. SB 9 includes the following mandatory development
standards in the bill text:
• Cannot require more than a four -foot side or rear setback;
• Cannot require more than one parking space per unit;
• Cannot require parking for projects within one -half -mile walking distance of a high-
quality transit area or major transit stops, as defined by state law, or if there is a car -
share vehicle located within one block;
• Prohibits short-term rental use of any units created;
• Prohibits alteration or demolition of existing units that were utilized as rental housing
within the last three years;
• Must allow the construction of attached units; however, attached units must be
designed to meet all requirements for selling each unit individually; and
• No additional setback can be required for existing structures or a structure constructed
in the same location and to the same dimensions as an existing structure.
The subdivision provisions of SB 9 require the City to allow a single-family zoned property
to also be subdivided into two roughly proportional lots. SB 9 includes the following
allowances or restrictions in the bill text:
No resulting lot can be less than 1,200 square feet and the proportionality of the split
must be no more than 40 percent and 60 percent of the original lot size;
9-2
Resolution No. 2021-122: Initiation of Code Amendments Related to Senate Bill No. 9
(PA2021-277)21-277)
November 30, 2021
Page 3
• Cannot require dedication of right-of-way or construction of off-site improvements;
• May require that parcels have access to a public right-of-way;
• May require easements for the provision of public services and facilities;
• Can prevent accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) from being constructed on properties when a lot is both subdivided and
developed with two units;
• Cannot require corrections of nonconforming zoning conditions on a property through
conditions of approval or denial of a project; and
• Must require the applicant sign an affidavit stating that the applicant intends to live on
one of the properties as their primary residence for at least three years after the date
of the subdivision. Although, it is notable that this does not apply to an urban land trust
or a qualified nonprofit.
Coastal Act Applicability
The bill does not supersede the provisions of the Coastal Act; however, the City is
precluded from holding a public hearing on coastal development permits for a project
subject to SB 9 approval.
Any changes made to Title 21 (Local Coastal Implementation Plan) to comply with state
law will require review and approval by the California Coastal Commission.
Benefits of an Ordinance and Anticipated Timeline
If the City does not have an ordinance in place when SB 9 becomes effective on January
1, 2022, it is staff's understanding that any existing objective design standards in the R-1
(and equivalent) Zoning Districts will still be applicable unless they conflict with SB 9's
mandatory standards. These existing standards include setbacks, height, floor area
limitations, open volume area, third floor limitations, etc. Furthermore, although there will
not be a clear process identified for ministerial approval of urban lot splits, they will not be
precluded and will be processed ministerially via a parcel map in accordance with the
purpose and intent of SB 9.
There are two clear benefits of having an ordinance in place: 1) the City can create and
apply tailored objective design standards to better guide and regulate projects taking
advantage of SB 9's provisions. For example, the City may want to consider restricted
unit sizes or height limits for dwellings taking advantage of SB 9; and 2) the City will have
a clearly identified process related to urban lot splits.
Given SB 9 brings with it some uncharted territory, staff will expeditiously and responsibly
prepare an ordinance for consideration. At this time, it is staff's expectation that an
ordinance will be brought before the City Council for adoption in early 2022.
9-3
Resolution No. 2021-122: Initiation of Code Amendments Related to Senate Bill No. 9
(PA2021-277)21-277)
November 30, 2021
Page 4
FISCAL IMPACT:
There is no fiscal impact related to the initiation of these amendments.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment),
15060(c)(3) (the activity is not a project as defined in Section 15378), and 15262 (planning
study) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Resolution No. 2021-122
Attachment B — Senate Bill No. 9
Attachment A
Resolution No. 2021-122
9-5
RESOLUTION NO. 2021-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO THE GENERAL PLAN, COASTAL
LAND USE PLAN OF THE LOCAL COASTAL
PROGRAM, AND TITLES 19 (SUBDIVISIONS), 20
(PLANNING AND ZONING), AND 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE RELATED TO
THE CITY'S IMPLEMENTATION OF SENATE BILL NO. 9
WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City of Newport Beach ("City") General Plan and certified
Local Coastal Program ("LCP"), including Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code ("NBMC") to be initiated by the City Council;
WHEREAS, Section 20.66.020 (Initiation of Amendment) of the NBMC provides
that the City Council may initiate an amendment to Title 20 (Planning and Zoning) with or
without a recommendation from the Planning Commission;
WHEREAS, on September 16, 2021, Governor Gavin Newsom signed and
approved Senate Bill No. 9 ("SB 9") which goes into effect on January 1, 2022;
WHEREAS, SB 9 allows for ministerial approval of two dwelling units on single-
family zoned parcels; and
WHEREAS, in order to implement SB 9, amendments to the Land Use Element of
the General Plan, Coastal Land Use Plan of the LCP, and Titles 19 (Subdivisions), 20
(Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the NBMC
may be required.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby initiate amendments to the General Plan,
Coastal Land Use Plan of the LCP, and Titles 19 (Subdivisions), 20 (Planning and Zoning)
and 21 (Local Coastal Program Implementation Plan) of the NBMC to consider including
objective design standards and other parameters necessary to best implement SB 9.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2021 -
Page 2 of 2
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it involves feasibility or planning studies for possible future
actions, which the agency, board, or commission has not approved or adopted.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 30th day of November, 2021,
Brad Avery
Mayor
ATTEST:
I_eilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
c
Aaron C. Harp
City Attorney
9-7
Attachment B
Senate Bill 9
.;
Q STATE OF CALIFORNIA
LECI TIV, AUTHENTICATED
COUSun ELECTRONIC LEGAL MATERIAL
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and
66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted an
ordinance, by ministerial approval, in accordance with specified standards
and conditions.
This bill, among other things, would require a proposed housing
development containing no more than 2 residential units within a
single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets
certain requirements, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that is
subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income,
that the proposed housing development does not allow for the demolition
of more than 25% of the existing exterior structural walls, except as provided,
and that the development is not located within a historic district, is not
included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic
property or district.
The bill would set forth what a local agency can and cannot require in
approving the construction of 2 residential units, including, but not limited
to, authorizing a local agency to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless
those standards would have the effect of physically precluding the
construction of up to 2 units or physically precluding either of the 2 units
from being at least 800 square feet in floor area, prohibiting the imposition
of setback requirements under certain circumstances, and setting maximum
setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the
design and improvement of subdivisions in the legislative body of a local
agency and sets forth procedures governing the local agency's processing,
approval, conditional approval or disapproval, and filing of tentative, final,
and parcel maps, and the modification of those maps. Under the Subdivision
Map Act, an approved or conditionally approved tentative map expires 24
94
Ch. 162 —2
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
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.
94
9-10
Ch. 162
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.
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.
(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.
94
9-11
Ch. 162 —4
(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
94
9-12
5— Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
(e) A local agency shall require that a rental of any unit created pursuant
to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local 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.
0) 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:
94
9-13
Ch. 162 —6
(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.
(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
94
9-14
7— Ch. 162
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.
(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
94
9-15
Ch. 162 —8
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.
0) (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.
(i7 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
94
9-16
9— Ch. 162
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.
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.
94
9-17
Ch. 162 —10—
(2)
10—
(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 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.
94
9-18
-11— Ch. 162
(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
94
9-19
Ch. 162 —12—
because
12—
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.
U
94
9-20