HomeMy WebLinkAbout12 - Code Amendment Related Implementation of Senate Bill 9 (PA2021-277)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 12, 2022
Agenda Item No. 12
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 - 949-644-3253
bzdeba@newportbeachca.gov
Jaime Murillo, AICP, Principal Planner - 949-644-3209
jmurillo@newportbeachca.gov
TITLE: Ordinance No. 2022-17: Code Amendment Related Implementation
of Senate Bill 9 (PA2021-277)
ABSTRACT:
On September 16, 2021, Governor Gavin Newsom signed and approved Senate Bill 9
(SB 9) into law with an effective date of January 1, 2022 (Attachment A). Senate Bill 9
includes provisions that mandate local jurisdictions permit:
1) The construction of two units on a single-family zoned property (SB 9 Housing
Development); and
2) The subdivision of a single-family zoned lot into two lots (Urban Lot Split).
Cities throughout California may amend their development standards in a manner that
would implement SB 9.
For the City Council's consideration is an ordinance (Attachment B) amending Titles 19
(Subdivisions) and 20 (Planning and Zoning) of the Newport Beach Municipal Code
(NBMC). The amendments update development standards and procedures related to the
City of Newport Beach's (City's) implementation of SB 9.
RECOMMENDATION:
a) Conduct a public hearing;
b) Determine this amendment is statutorily exempt from environmental review and not
considered a project under the California Environmental Quality Act (CEQA) pursuant
to Government Code Sections 65852.210) and 66411.7(n) and further find that this
amendment is categorically exempt from CEQA under Section 15303 and 15315 as
set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations which
categorically exempts the construction of a second dwelling unit in a residential zone
and the division of property in urbanized areas zoned for residential use into four or
fewer parcels; and
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Ordinance No. 2022-17: Code Amendment Related Implementation of
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c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-17, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 19 (Subdivisions) and Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code Related to Senate Bill 9 Housing Developments and
Urban Lot Splits (PA2021-277), and pass to second reading on July 26, 2022.
DISCUSSION:
All projects on qualifying properties processed pursuant to SB 9 must be done so
ministerially. This means 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 the City of Newport Beach, all
R-1 Zoning Districts and within planned communities and specific plan areas where
single-family residences are allowed are subject to SB 9. However, many planned
communities have active homeowners' associations, which may enforce private
covenants, conditions, and restrictions (CC&Rs) that may preclude SB 9 projects.
Mandatory Development Standards
Senate Bill 9 includes the following development standard limitations and mandatory
requirements:
• Cannot require more than a four -foot side or rear setback in certain circumstances;
• No additional setback can be required for existing structures or a structure constructed
in the same location and with the same dimensions as an existing structure;
• 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; and
• Prohibits alteration or demolition of existing units that were utilized as rental housing
within the last three years.
The Urban Lot Split provisions of SB 9 require the City to allow a single-family zoned
property to be subdivided into two roughly proportional lots and subject to the following
allowances or restrictions:
• 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 area;
• 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;
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Ordinance No. 2022-17: Code Amendment Related Implementation of
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• 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 due to existing nonconforming conditions;
and
• Must require the applicant to sign an affidavit stating the intention to live on one of the
properties as their primary residence for at least three years after the date of the
subdivision. This requirement would not apply to an urban land trust or a qualified
nonprofit.
City Council Review and Current Procedures
On November 30, 2021, City staff brought SB 9 to the City Council for discussion to seek
guidance on preparing an ordinance. Staff presented an overview of the requirements
and some examples of how other jurisdictions were handling its implementation. The City
Council understood that SB 9 brings with it some uncharted territory. They directed staff
to prepare an ordinance for consideration that includes all restrictions necessary to
maintain neighborhood character and that upholds the health, safety and welfare of the
community.
The City does not currently have an SB 9 ordinance in place. Any objective design
standards in the R-1 (and equivalent) Zoning Districts are still applicable unless they
conflict with SB 9's mandatory standards. Furthermore, there is not a clear process
identified for ministerial approval of Urban Lot Splits. Without a defined process, they
would 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; and 2) the City will have a clearly identified process
related to Urban Lot Splits.
Draft Code Amendment and Additional Development Standards
Staff has drafted changes to both Title 19 (Subdivisions) and Title 20 (Planning and
Zoning) of the NBMC. These changes implement the mandatory SB 9 development
standards discussed above and additional City -specific standards to ensure these
developments fit into the existing neighborhoods. The City can only apply "objective
design and development standards" that do not require any exercise in judgment to
determine compliance with the City's codes. However, these standards cannot be so
restrictive as to prevent the construction of at least two units that are each 800 square
feet in size.
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Ordinance No. 2022-17: Code Amendment Related Implementation of
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Chapter 19.90 (Parcel Maps for Urban Lot Splits) will be added to provide an application
filing and ministerial review process for Urban Lot Splits. Section 20.48.205 (SB 9
Housing Developments) will be added to provide all objective design standards and
criteria for reviewing both SB 9 Housing Development and Urban Lots Split projects.
As currently drafted, the amendment would include the following additional objective
design standards or requirements:
General Standards
• Automatic sunset clause on new projects if the state mandate is removed;
• Inapplicability to areas within the Coastal Zone until a Local Coastal Program
Amendment is approved and certified by the Coastal Commission;
• Clarification of terms not clearly defined by SB 9; and
• Deed restriction to notify future owners of requirements and limitations.
SB 9 Housina Developments (Two -Unit Developments on Sinale Lot
• Dwelling size limited to a maximum of 800 square feet;
• Dwelling heights limited to 16 feet and one-story;
• Expansions to existing units restricted when maintained as part of a SB 9 housing
development;
• Setbacks: If demonstrated that a required minimum side or rear setback would
physically preclude the development or maintenance of at least two, 800-square-foot
dwelling units on a single lot, said setbacks may be reduced to the minimum degree
necessary. In no case, however, shall the setbacks be reduced to less than four feet
from a side or rear property line not abutting an alley;
• Dwelling units subject to objective design standards to minimize appearance of
multiple units on the site and to protect privacy of neighbors (e.g., architectural style
and color, no roof decks, no exterior staircase on street frontages, step -back
requirements, etc.);
• Separate utility connections required for each dwelling unit;
• Owner -occupancy requirement: one of the two primary dwelling units shall be
occupied by the owner of the parcel;
• Affordability requirement: one of the two primary units shall be restricted to very -low
or low-income households for a term of 30 years. This requirement will help the City
meet its affordable housing goals and further fair housing by distributing lower -income
housing into the established high-cost/high-resource communities;
• Existing nonconformities on a property shall be corrected as part of an SB 9 housing
development project (cannot be required as part of an urban lot split); and
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• The two dwelling units shall be prohibited from being conveyed separately as
condominiums.
Urban Lot Split Development Standards
• Application of lot design standards to prevent irregular and unorderly lot line
configurations;
• Requirement for vehicular access to be shared through a common driveway to
eliminate the need for additional curb cuts and minimize impacts to the existing on -
street parking supply;
• Alley access required when the existing lot is served by an alley;
• Lot configurations that would necessitate the removal of existing on -street parking, or
that preclude the creation of new on -street parking when alley access is available,
would be prohibited;
• Minimum vehicular accessway widths established to ensure adequate
maneuverability through lots;
• Separate utilities required for each lot; and
• In -lieu park dedication fee required for the additional lot pursuant to existing
requirements.
Attachment E includes an underline/strikeout version of the draft code revisions to help
distinguish the revised and updated code language.
Coastal Act and Coastal Zone
SB 9 does not supersede the provisions of the Coastal Act. Therefore, SB 9 projects are
not applicable within the City's coastal zone. Since the City has a certified local coastal
program (LCP), an LCP amendment is required to implement SB 9 within the coastal
zone. Additionally, staff will recommend pursuing an amendment to Title 21
(Implementation Plan of the Local Coastal Program) after the proposed amendments to
Title 19 and Title 20 are completed. Additional study of the potential impacts to public
access or coastal resources will be necessary.
Any future changes made to Title 21 (Local Coastal Implementation Plan) to comply with
state law will ultimately require review and approval by the California Coastal
Commission.
Planning Commission Recommendation
Staff provided a detailed overview of SB 9 and presented an early draft of the proposed
Code Amendment at a Planning Commission study session on April 12, 2022. At that
study session, staff received feedback and public comments.
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Staff revised the proposed Code Amendment and returned to the Planning Commission
for a public hearing on May 26, 2022. After deliberations and public comments, the
Planning Commission adopted Resolution No. PC2022-012 recommending the City
Council's adoption of the Code Amendment (Attachments C and D).
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Pursuant to California Government Code Sections 65852.210) and 66411.7(n), the
adoption of an ordinance by a city or county implementing the provisions of Government
Code Sections 66411.7 and 65852.21 regulating urban lot splits and SB 9 Housing
Developments is statutorily exempt from the requirements of the California Environmental
Quality Act (CEQA). Therefore, the code amendment is statutorily exempt from CEQA in
that the proposed ordinance implements the new laws enacted by SB 9. Additionally, the
code amendment is categorically exempt from CEQA under Section 15303 and 15315 as
set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations which
categorically exempts the construction of a second dwelling unit in a residential zone and
the division of property in urbanized areas zoned for residential use into four or fewer
parcels. Sections 15303 and 15315 apply here in that the code amendment regulates the
construction of two dwelling units on a lot or the subdivision of a lot to create an additional
unit.
NOTICING:
Notice of the proposed amendments was published in the Daily Pilot as an eighth -page
advertisement, consistent with the provisions of the NBMC. The item also appears on the
agenda for this meeting, which was posted at City Hall and on the City's website.
ATTACHMENTS:
Attachment A — Senate Bill 9 (SB 9) Text
Attachment B — Ordinance No. 2022-17
Attachment C — May 26, 2022 Planning Commission Minutes Excerpt
Attachment D — Planning Commission Resolution No. PC2022-012
Attachment E — Redline -Strikeout Revisions
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Attachment A
Senate Bill 9 (SB 9) Text
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ilr LEGISLATIVE INFORMATION
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
S13-9 Housing development: approvals. (2021-2022)
SHARE THIS: In 12� Date Published: 09/17/2021 09:00 PM
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government
Code, relating to land use.
Approved by Governor September 16, 2021. Filed with Secretary of State
September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a
local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and
conditions.
This bill, among other things, would require a proposed housing development containing no more than 2
residential units within a single-family residential zone to be considered ministerially, without discretionary
review or hearing, if the proposed housing development meets certain requirements, including, but not limited
to, that the proposed housing development would not require demolition or alteration of housing that is subject
to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of
moderate, low, or very low income, that the proposed housing development does not allow for the demolition of
more than 25% of the existing exterior structural walls, except as provided, and that the development is not
located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential
units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless those standards would have the effect
of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being
at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain
circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions
in the legislative body of a local agency and sets forth procedures governing the local agency's processing,
approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification
of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24
months after its approval or conditional approval or after any additional period of time as prescribed by local
ordinance, not to exceed an additional 12 months, except as provided.
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This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot
split that meets certain requirements, including, but not limited to, that the urban lot split would not require the
demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located
within a single-family residential zone, and that the parcel is not located within a historic district, is not included
on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or
county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but
not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards,
and objective design standards, as defined, unless those standards would have the effect of physically precluding
the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2
units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under
certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would
require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their
principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the
applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a
local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to
sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described
above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out
or approve that may have a significant effect on the environment. CEQA does not apply to the approval of
ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of
projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal
development permit process, within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
This bill would exempt a local agency from being required to hold public hearings for coastal development permit
applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a 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.
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(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.
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(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.
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(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.
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(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.
(1) 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.
12-13
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
12-14
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.
12-15
Attachment B
Ordinance No. 2022-17
12-16
ORDINANCE NO. 2022-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
19 (SUBDIVISIONS) AND TITLE 20 (PLANNING AND
ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE
RELATED TO SENATE BILL 9 HOUSING
DEVELOPMENTS AND URBAN LOT SPLITS (PA2021-
277)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, on September 16, 2021, Governor Gavin Newsom signed Senate Bill
9 ("SB 9") into law, which among other things, allows for the ministerial approval of urban
lot splits and the construction of two units on each single-family residential lot;
WHEREAS, the City does not have development standards or procedural
standards in Titles 19 (Subdivisions) and 20 (Planning and Zoning) of the Newport Beach
Municipal Code ("NBMC") related to SB 9 development projects ("SB 9 Housing
Developments") or urban lot splits ("Urban Lot Splits");
WHEREAS, SB 9 allows local agencies to adopt an ordinance imposing
objective zoning standards, subdivision standards, and development standards that do
not otherwise conflict with State law;
WHEREAS, on November 30, 2021, the City Council adopted Resolution No.
2021-122 to initiate Zoning Code Amendment No. CA2022-007 to implement SB 9;
WHEREAS, a study session was held by the Planning Commission on April 21,
2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the study session was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act"). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at the meeting;
12-17
Ordinance No. 2022-
Page 2 of 4
WHEREAS, the Planning Commission opened the public hearing on May 12,
2022 and continued the hearing to May 26, 2022, in the Council Chambers located at
100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose
of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter
20.66 (Amendments) of the NBMC;
WHEREAS, at the continued public hearing, evidence, both written and oral, was
presented to, and considered by, the Planning Commission;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2022-012 (6 ayes, 0 nays, 1 absent) recommending
approval of Zoning Code Amendment No. CA2022-007 to the City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on July
12, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the Ralph M. Brown Act and Chapter 20.66 (Amendments) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the City
Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve Zoning Code Amendment
No. CA2022-007 related to SB 9 Housing Developments and Urban Lot Splits as set
forth in Exhibit 'A" which is attached hereto and incorporated herein by reference.
Section 2: As permitted by California Government Code Section 65852.21, the
City Council finds that maintaining unobstructed rear alley setbacks is essential to
preserve vehicular maneuverability for residents, fire and life safety personnel traveling
through the City's narrow alleyways.
Section 3: The City Council finds that consistent with limitations of the Housing
Crisis Act of 2019, specifically Government Code Section 66300(b)(a)(A), Zoning Code
Amendment No. CA2022-007 does not affect, change, or otherwise lessen the intensity
of land use below what was allowed for single-family development on these applicable
lots than what was in effect on January 1, 2018. Rather, Zoning Code Amendment No.
CA2022-007 provides additional and alternative development allowances for SB 9
Housing Developments and Urban Lot Splits that were not previously allowed.
12-18
Ordinance No. 2022-
Page 3 of 4
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to California Government Code Sections 65852.210) and 66411.7(n), which states the
adoption of an ordinance by a city or county implementing the provisions of Government
Code Sections 66411.7 and 65852.21 regulating Urban Lot Splits and SB 9 Housing
Developments is statutorily exempt from the requirements of CEQA. Therefore, Zoning
Code Amendment No. CA2022-007 is statutorily exempt from CEQA in that the
proposed ordinance implements the new laws enacted by SB 9. Additionally, Zoning
Code Amendment No. CA2022-007 is categorically exempt from CEQA under Sections
15303 and 15315 of the California Code of Regulations as set forth in Title 14, Division
6, Chapter 3 ("CEQA Guidelines") which categorically exempts the construction of a
second dwelling unit in a residential zone and the division of property in urbanized areas
zoned for residential use into four or fewer parcels. Sections 15303 and 15315 of the
CEQA Guidelines apply here in that Zoning Code Amendment No. CA2022-007
regulates the construction of two dwelling units on a lot or the subdivision of a lot to
create an additional unit. Moreover, none of the "exceptions" to the use of the Class 3
exemption, set forth in CEQA Guidelines Section 15300.2 apply here. Specifically,
Zoning Code Amendment No. CA2022-007 will (1) not result in a potentially significant
cumulative impact, in that it is limited to single -unit residential properties; (2) not result in
a reasonable possibility that the activity will have a significant effect on the environment
due to unusual circumstances; (3) not result in damage to scenic resources, including
but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within
a highway officially designated as a state scenic highway, in that no residential property
is located adjacent to a state scenic highway; (4) not be located on a hazardous waste
site included on any list compiled pursuant to Section 65962.5 of the Government Code,
in that no applicable property is located on a hazardous waste site; or (5) not result in a
substantial adverse change in the significance of a historical resource.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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.
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Ordinance No. 2022-
Page 4 of 4
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 12th day of July, 2022, and adopted on the 26th day of
July, 2022, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
i
f
a�ARON:C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A — Zoning Code Amendment No. CA2022-007
12-20
Exhibit "A"
Zoning Code Amendment No. CA2022-007
Section 1: Section 19.12.010 (Tentative Map Review Authority) of Chapter
19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended
to read as follows:
19.12.010 Tentative Map Review Authority.
The Planning Commission shall have the authority to approve, conditionally approve, or
deny tentative tract maps and tentative parcel maps referred by the Zoning Administrator
to the Planning Commission for review. The Zoning Administrator shall have the authority
to approve, conditionally approve, or deny tentative parcel maps. Appeals or calls for
review from actions of the above reviewing bodies shall be processed in accordance with
Sections 19.12.050 and 19.12.060, respectively. The Zoning Administrator shall have the
authority to approve, conditionally approve, or deny tentative parcel maps for urban lot
splits in accordance with Chapter 19.90 (Parcel Maps for Urban Lot Splits). Tentative
parcel maps for urban lot splits may be denied in accordance with Subsection
19.90.020(F) (Findings for Denial).
Section 2: Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter
19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended
to read as follows:
19.12.060 Review of Tentative Parcel Maps.
A. Review by Zoning Administrator.
1. Authority. Tentative parcel maps shall be reviewed and approved, conditionally
approved or denied by the Zoning Administrator unless the Zoning Administrator
determines that the public interest would be better served by review by the
Planning Commission. In such a case, the tentative parcel map shall be reviewed
in the same manner as tentative tract maps as set forth in Section 19.12.050.
Notwithstanding the foregoing, the Zoning Administrator shall not refer a
tentative parcel map for an urban lot split to the Planning Commission.
2. Procedures. The provisions for tentative tract maps set forth in
Sections 19.12.050(B) through (H) and (J), regarding staff reports, public
hearings, time limits, required findings, approval by inaction, and indemnification
shall apply to tentative parcel maps.
12-21
Exhibit A
ZCA No. CA2022-007
Page 2 of 20
3. Finality of Decision. Decisions by the Zoning Administrator shall become final
ten (10) days after the action unless appealed within the time limits specified in
subsection (B) of this section.
4. Review of Tentative Parcel Maps for Urban Lot Splits. Tentative parcel maps for
urban lot splits shall be reviewed and approved, conditionally approved, or
denied by the Zoning Administrator pursuant to the provisions exclusively set
forth in Chapter 19.90 (Parcel Maps for Urban Lot Splits).
B. Appeal or Call for Review of Zoning Administrator Action.
1. Initiation of Appeal or Call for Review. With the exception of a tentative parcel
map for an urban lot split, any interested person may appeal any action of the
Zoning Administrator regarding a tentative parcel map to the Planning
Commission or any action of the Planning Commission regarding a tentative
parcel map to the City Council. Only an applicant can appeal an action by the
Zoning Administrator or the Planning Commission on a tentative parcel map for
an urban lot split. With the exception of a tentative parcel map for an urban lot
split, calls for review of any action of the Zoning Administrator regarding a
tentative parcel map may be initiated by a member of the Planning Commission
to the Planning Commission, in the member's official capacity, if the sole purpose
for the call for review is to bring the matter in front of the entire body for review.
With the exception of a tentative parcel map for an urban lot split, calls for review
of any action of the Planning Commission regarding a tentative parcel map may
be initiated by a member of the City Council to the City Council, in the member's
official capacity, if the sole purpose for the call for review is to bring the matter in
front of the entire body for review. In accordance with Government Code
Section 66463.5, or any successor statute, an appeal of a denial of a tentative
parcel map extension shall be heard by the City Council.
12-22
Exhibit A
ZCA No. CA2022-007
Page 3 of 20
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission
shall be filed with the Director within ten (10) days after the action of the Zoning
Administrator on a form provided by the Director. Appeals or calls for review to
the City Council shall be filed with the City Clerk within ten (10) days after the
action of the Planning Commission on a form provided by the City Clerk. An
appeal of a denial of a tentative parcel map extension shall be filed with the City
Clerk and heard by City Council in accordance with Government Code
Section 66463.5, or any successor statute. The time limit for filing appeals on
denials of a tentative parcel map extension shall be fifteen (15) days after the
action of the Zoning Administrator. Upon the filing of an appeal or call for review,
the original decision shall be stayed and the matter shall be set for public
hearing.
3. Fees. Any appeal filed by an interested person shall be accompanied by a fee
set by resolution of the City Council. A call for review is exempt from the payment
of a filing fee under Section 3.36.030, or any successor provision.
C. Further Appeal or Call for Review. Any action by the Planning Commission, when
acting as the Appeal Board, or any decision affirmed by the City Clerk due to Planning
Commission inaction within the specified time limits in Sections 19.12.050(D) and (E)
may in turn be appealed or called for review in accordance with the procedures and
time limits set forth in Section 19.12.050.
Section 3: Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19
(Subdivisions) of the NBMC is hereby added in its entirety to read as follows:
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Exhibit A
ZCA No. CA2022-007
Page 4 of 20
Chapter 19.90
Parcel Maps for Urban Lot Splits
Sections:
19.90.010 Purpose and Scope.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
19.90.030 Design and Improvement Requirements.
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
19.90.050 Prohibition of Further Subdivision.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
19.90.070 Expiration and Extension of Tentative Parcel Maps for Urban Lot
Splits.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
19.90.010 Purpose and Scope.
This Chapter serves to implement Government Code Section 66411.7 to provide an
owner an alternative method to subdivide a lot for residential development. For purposes
of this Chapter, "urban lot split" means the subdivision of an existing legal lot to create
one (1) additional lot in R-A and R-1 zoning districts or areas designated for single -unit
residential within a planned community development plan or specific single-family
residential use zone.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with
the Community Development Department by a record owner or owners of the
property to be divided or their authorized agents. The required number of copies of
the map shall be established by the Community Development Director through an
application form.
B. Application Fee. The application shall be accompanied by the required application
fee(s), as established by resolution of the City Council. Such fees shall be in
accordance with Section 66451.2 of the Subdivision Map Act and shall not exceed
the amount reasonably required to administer provisions of this title.
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Exhibit A
ZCA No. CA2022-007
Page 5 of 20
C. Form and Content. A tentative parcel map for an urban lot split shall be prepared by
a licensed surveyor or civil engineer registered in the State of California in
accordance with the Subdivision Map Act and this Code. Maps shall meet the
requirements in Subsection (D) and shall be accompanied by other reports, exhibits,
information and materials as required by the Community Development Director. The
Community Development Director shall provide application forms and a list of
required tentative map information on request.
D. Supplemental Information. In addition to the items identified in (C) of this section, the
following supplemental information shall be submitted with a tentative parcel map
application to establish compliance with the construction plans and all provisions of
this Code and applicable state law:
1. A map of appropriate size and to scale showing all the following:
a. Total area (in acreage and square feet) of each proposed lot;
b. Zoning District and General Plan Land Use Category;
c. The location and use of all existing and proposed structures;
d. All required zoning setbacks for the existing and proposed lots;
e. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements;
f. The location of all proposed new water, sewer, electricity, storm drain, lines,
pipes, or systems;
g. The location of any proposed easements for access or public utilities to
serve a lot created by the subdivision;
h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
i. Location of existing or proposed driveway dimensions, materials, and slope
(including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public
right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
a. The proposed urban lot split would not require or authorize 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;
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Exhibit A
ZCA No. CA2022-007
Page 6 of 20
b. A lot or lots on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code to withdraw accommodations
from rent or lease within fifteen (15) years prior to the date that the
development proponent submits an application;
c. Housing that has been occupied by a tenant in the last three (3) years;
d. The lot has not been established through prior exercise of an urban lot split
under this Chapter;
e. Neither the owner of the lot being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent lot under the
provisions of this Chapter;
f. The owner intends to occupy one (1) of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of
three (3) years from the date of the recording of the final parcel map;
g. Rental terms of any unit created by the subdivision shall not be rented for a
period of less than thirty (30) days; and
h. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
E. Review Authority and Approval. If the Zoning Administrator determines, after
consultation with the City Engineer, that a tentative parcel map for an urban lot split
meets all requirements of this Chapter and Section 20.48.205(B) (Permit and Review
Procedures), the Zoning Administrator shall approve the tentative parcel map. This
action is a ministerial action in compliance with the provisions of this Chapter only.
The findings under Section 19.12.070 (Required Findings for Action on Tentative
Maps) do not apply.
F. Findings for Denial. The Zoning Administrator shall deny any application for a
tentative parcel map for urban lot split if the Zoning Administrator make written
finding(s), based upon a preponderance of the evidence, that it would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision (d) of
Government Code 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.
19.90.030 Design and Improvement Requirements.
The lot design and development standards set forth in Section 20.48.205(B)(5) (Additional
Standards for Urban Lot Splits) shall apply to urban lot splits.
12-26
Exhibit A
ZCA No. CA2022-007
Page 7 of 20
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
A. No development, including grading, shall commence on either lot, concurrent or
subsequent to an urban lot split, unless it is approved with a valid building permit for
the construction of a housing development that complies with all the objective
development and design standards in Sections 20.48.200 (Accessory Dwelling Units)
and 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts), or any other adopted objective design standards in
effect at the time a complete application is submitted.
B. A building permit for development of an urban lot split cannot be issued until the
parcel map is recorded.
19.90.050 Prohibition of Further Subdivision.
A lot created by a parcel map under this Chapter shall not be further subdivided.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
An amendment to an approved tentative parcel map for an urban lot split shall be
processed in accordance with Section 19.12.090 (Amendments to Approved Tentative
Maps).
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
Chapter 19.16 (Tentative Map Expiration and Extension) shall apply in the case of the
expiration or extension of a tentative parcel map for an urban lot split.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
Chapter 19.56 (Final Map Filing) and Chapter 19.60 (Final Map Review) shall apply to the
filing and review of a final parcel map for an urban lot split.
Section 4: Subsection (D)(2) of Section 20.12.020 (Rules of Interpretation) of
Chapter 20.12 (Interpretation of Zoning Code Provisions) of Title 20 (Planning and
Zoning) of the NBMC is amended to read as follows:
12-27
Exhibit A
ZCA No. CA2022-007
Page 8 of 20
2. Agreements, Planned Communities, or Specific Plans. If conflicts occur between the
requirements of this Zoning Code and standards adopted as part of a planned community
development plan, development agreement, specific plan, or annexation agreement, the
requirements of the planned community development plan, development agreement,
specific plan, or annexation agreement shall prevail unless otherwise provided in the
planned community development plan, development agreement, specific plan, or
annexation agreement. Notwithstanding the foregoing, if a conflict occurs between the
standards adopted as part of a planned community development plan and an application
for a tentative parcel map for an urban lot split that meets all of the requirements of
Section 20.48.205 (SIB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot
Splits), then Section 20.48.205 (SIB 9 Housing Developments and Urban Lot Splits in
Single Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for
Urban Lot Splits) shall apply.
Section 5: The rows entitled "SB 9 Housing Developments" and "Urban Lots
Splits" are hereby added to Table 2-1 (Allowed Uses and Permit Requirements) of Section
20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of Chapter
20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 (Planning
and Zoning) of the NBMC as follows:
12-28
Exhibit A
ZCA No. CA2022-007
Page 9 of 20
Residential Zoning Districts
Permit Requirements
*
P
Permitted by Right
TABLE 2-1
CUP
Conditional Use Permit (Section 20.52.020)
ALLOWED USES AND PERMIT
CUP-HO
Conditional Use Permit in Residential Zoning
REQUIREMENTS
Districts (Section 20.52.030)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not Allowed
Land Use
See Part 7 of this title for land use
Specific
definitions.
R-BI
RM
Use
See Chapter 20.12 for unlisted uses.
R-A
R-1**
R-2
RMD
Regulations
Residential Uses
SB 9 Housing Developments
P
P
—
—
Section
20.48.205
Urban Lot Splits
P
P
—
—
Chapter
19.90 and
Section
20.48.205
Section 6: Footnote 2 of Table 2-2 (Development Standards for Single -Unit
Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of Chapter 20.18 (Residential Zoning Districts) of Title 20
(Planning and Zoning) of the NBMC is hereby amended to read as follows:
(2) Lots may be subdivided so that the resulting lot area and dimensions for each new
lot are less than that identified in this table in compliance with the provisions of Title 19
(Subdivisions). The minimum lot size shall not be less than the original underlying lots on
the same block face and in the same zoning district. Lot width and length may vary
according to the width and depth of the original underlying lots. With the exception of
tentative parcel maps for urban lot splits that meet the requirements of Section 20.48.205
(SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning
Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits), new
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA).
12-29
Exhibit A
ZCA No. CA2022-007
Page 10 of 20
Section 7: Section 20.48.205 (SB 9 Housing Developments and Urban Lot
Splits in Single -Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific
Land Uses) of Title 20 (Planning and Zoning) of the NBMC is hereby added to read as
follows:
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and
urban lot splits as required pursuant to California Government Code Sections 65852.21
and 66411.7, or any successor statute. This section shall sunset automatically without
action of the City in the event California Government Code Sections 65852.21 and
66411.7 are repealed or no longer mandated by State law.
A. Zoning Districts and Planned Communities. SB 9 housing developments and urban
lot splits shall be allowed in the R-A and R-1 zoning districts or areas designated for
single -unit residential within a planned community development plan or specific plan.
B. Permit and Review Procedures.
1. SB 9 Housing Developments. An applicant for an SB 9 housing development shall
obtain a zoning clearance in the form of an approval letter issued by the Director.
2. Urban Lot Split. An applicant for an urban lot split shall obtain a parcel map that
meets the requirements set forth in Chapter 19.90 (Parcel Maps for Urban Lot
Splits) and the applicable requirements set forth in this section.
3. Review Criteria. An SB 9 housing development or urban lot split is prohibited if
any of the following conditions exist:
a. Noncompliance. The property does not conform to the development
standards and requirements as provided in this section.
b. Demolition or Alteration of Certain Types of Housing Units. The
development requires the demolition or alteration of the following types of
housing:
i. Dwelling unit that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to very low-, low-, or moderate -
income households;
ii. Dwelling unit that is subject to any form of rent or price control; or
12-30
c
no
e
Exhibit A
ZCA No. CA2022-007
Page 11 of 20
iii. Dwelling unit that has been occupied by a tenant in the last three (3)
years. The applicant and property owner of the development must
provide a sworn statement confirming the prior occupancy of the
dwelling unit. The City may conduct its own inquiries and investigation
to ascertain the veracity of the sworn statement; and the City may
require additional evidence of the applicant and property owner as
necessary to determine compliance with this requirement.
For purposes of this subsection, alteration of existing structures on lots
occupied by tenants shall mean the development requires modification or
removal of more than 25 percent of the existing exterior walls of any
structure on a lot that has been occupied by a tenant in the last three (3)
years.
Ellis Act. The development is located on a lot on which the owner has
exercised rights under the Ellis Act (Government Code Sections 7060-
7060.7) to withdraw accommodations from rent or lease within fifteen (15)
years before the date that the development proponent submits an
application.
Historic Resource. The development is located within a historic district or
property included on the State Historic Resources Inventory, as defined in
Section 5020.1 of the California Public Resources Code, or on a lot that is
designated or listed as a City landmark or historic property.
Environmental Resource or Hazard. As specified in more detail in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of
Government Code Section 65913.4, the development is located on a lot that
is any of the following:
i. Either prime farmland or farmland of statewide importance;
ii. Wetlands;
iii. Within a very high fire hazard severity zone, unless the development is
designed to comply with Section 9.04.380 (Requirements for Wildland
Urban Interface Fire Areas);
iv. A hazardous waste site, unless the lot has been appropriately cleared
for residential use;
v. Within a delineated earthquake fault zone, unless the development
complies with applicable seismic protection building code standards;
vi. Within a special flood hazard area as mapped by the most recent
adopted Flood Insurance Rate Plan, unless the development is
designed to comply with Chapter 15.50 (Floodplain Management);
vii. Within a regulatory floodway;
12-31
Exhibit A
ZCA No. CA2022-007
Page 12 of 20
viii. Lands identified for conservation in an adopted natural resource
protection plan;
ix. Lands that include habitat for protected species; and/or
x. Lands subject to a conservation easement.
f. Coastal Zone. The property is located in the coastal zone, unless Title 21
(Local Coastal Program Implementation Plan) is amended to allow for SIB 9
housing developments and urban lot splits.
g. Additional Exclusions for Urban Lot Splits. The review authority shall deny
an urban lot split if any of the following conditions exist:
i. The lot has been established through a prior urban lot split; or
ii. The owner of the lot being subdivided or a person acting in concert with
the owner has previously subdivided an adjacent lot using an urban lot
split. For the purposes of this subsection, "acting in concert" means
pursuing a shared goal to subdivide adjacent lots pursuant to an
agreement or understanding, whether formal or informal.
4. Standards. Except as modified below, an application for an SIB 9 housing
development or future development on a lot created through an urban lot split
shall conform to all requirements of the underlying R-A or R-1 zoning districts,
planned community standards, specific plan area, any applicable overlay district,
and other applicable objective development standards of this title (Planning and
Zoning), including but not limited to height, setback, site coverage, parking, floor
area limit, and other applicable requirements.
a. Setbacks.
i. No increased setback is required for an existing legally established
structure or for a new dwelling unit that is constructed in the same
dimensions as an existing legally established structure, provided that
the new dwelling unit shall not be greater than 800 square feet.
ii. If it is demonstrated that a required minimum side or rear setback not
abutting an alley would physically preclude the development or
maintenance of at least two (2) 800-square-foot dwelling units on a
single lot, said setbacks may be reduced to the minimum degree
necessary. In no case, however, shall the setbacks be reduced to less
than four (4) feet from a side or rear property line.
b. Parking. A minimum of one (1) garage parking space that meets the
standards set forth in Section 20.40.090 shall be provided for each
additional SIB 9 housing development or urban lot split unless the
development is within:
12-32
Exhibit A
ZCA No. CA2022-007
Page 13 of 20
i. One-half mile walking distance of a high -quality transit corridor, as
defined in subdivision (b) of Section 21155 of the Public Resources
Code;
ii. One-half mile walking distance of a major transit stop, as defined in
Section 21064.3 of the Public Resources Code; or
iii. One block of a car -share vehicle. For purposes of this section, "car -
share vehicle" shall mean part of an established program intended to
remain in effect at a fixed location for at least ten (10) years and
available to the public.
c. Maximum Number of Units Allowed.
i. A maximum of two (2) 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 unit, a
unit created under this section, an accessory dwelling unit, or a junior
accessory dwelling unit.
ii. A lot that is not created by an urban lot split may have a maximum of
four (4) units consisting of single -unit or two -unit dwelling, plus any
accessory dwelling unit and/or junior accessory dwelling unit allowed in
compliance with Section 20.48.200.
d. Unit Size.
i. The dwelling unit shall not exceed eight hundred (800) square feet.
ii. A dwelling unit that was legally constructed prior to the addition of a
second dwelling unit as part of an SB 9 housing development that is
larger than those limits identified in (4)(d)(i) is limited to the existing floor
area at the time of the SB 9 housing development approval. Any
expansion of the existing dwelling unit is prohibited.
iii. A dwelling unit that was legally constructed prior to the addition of a
second dwelling unit as part of an SB 9 housing development and that
is smaller than those limits identified in (4)(d)(i) may be expanded up to
those limits after, or as part of the SB 9 housing development.
e. Building Height.
i. Each dwelling unit within the development shall not exceed one story
and a height of sixteen (16) feet. A dwelling unit that was legally
established prior to the addition of a second dwelling unit as part of a
SB 9 housing development that exceeds one story or sixteen (16) feet
in height may be retained but shall not be increased beyond said height.
12-33
Exhibit A
ZCA No. CA2022-007
Page 14 of 20
ii. Only in the event the existing site development conditions cannot
accommodate a second 800-square-foot dwelling unit designed
consistent with the standards of the section, an increased height limit of
two -stories and twenty-four (24) feet shall be permitted, subject to the
following:
1. No exterior stairway to a second story shall be located on any front
or side building frontage facing a street.
2. No exterior stairway to a second story shall be located in a required
front or side yard setback area, or a rear yard setback area abutting
an alley.
3. New second -story floor area shall be stepped back a minimum of
five (5) feet from the first story wall plane on all street facing
elevations.
4. Balconies are prohibited when facing interior side yards and rear
yards abutting neighboring property.
f. Design.
i. Each proposed dwelling unit shall match the existing dwelling unit in
materials, color and architectural style.
ii. Roof decks are prohibited.
iii. The roof pitch/slope and roof style (e.g., hip, gable, mansard, dutch
gable, flat, etc.) of the proposed dwelling unit must be the same as the
existing dwelling.
g. Utility Connections. Each dwelling unit shall provide separate connections
to public utilities (or their equivalent), including water, electric, and sewer
services.
h. Short -Term Lodging. Any dwelling unit permitted pursuant to an SB 9
housing development or urban lot split shall not be rented for periods of less
than thirty (30) days.
i. Nonconforming Conditions. All nonconforming structures, uses or parking
on a lot where an SB 9 housing development is proposed shall be brought
into compliance with the development standards of this Zoning Code.
j. Owner -Occupancy. For SB 9 housing developments not located on a lot
created by an urban lot split, a natural person with legal or equitable title to
the lot must reside in either the primary dwelling unit or the second SB 9
housing development as the person's legal domicile and permanent
residence.
12-34
Exhibit A
ZCA No. CA2022-007
Page 15 of 20
k. No Separate Conveyance within a Resulting Lot. Dwelling units within a
SB 9 housing development may be rented, but no dwelling units, including
accessory dwelling units or junior accessory dwelling units, may be sold or
otherwise conveyed separately from the lot. Additionally, condominium
airspace divisions and common interest developments are not permitted
within the lot and all fee interest in a lot and all dwelling units on the lot
must be held equally and undivided by all individual property owners.
I. Affordability Restrictions. Excluding accessory dwelling units, the second
primary unit within the SIB 9 housing development shall be restricted to
occupancy by very low- or low-income households for a 30-year period.
m. Findings for Denial of an SIB 9 Housing Development. Notwithstanding the
foregoing, the City may deny an application for an SIB 9 housing
development if the Director makes written finding(s), based upon a
preponderance of the evidence, that the development would have a
specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Government Code Section 65589.5, upon the 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.
5. Additional Standards for Urban Lot Splits. In addition to the requirements set
forth in Title 19 (Subdivisions), an application for an urban lot split shall conform
to all requirements of the underlying R-A or R-1 zoning district or single -unit
residential property within a planned community or specific plan, and any
applicable overlay district including but not limited to objective design criteria
related to lot dimensions, subdivision design, and park dedications and fees.
a. Lot Design.
i. Minimum Lot Area. The urban lot split shall result in two (2) lots with a
minimum lot area of one thousand two hundred (1,200) square feet
each.
ii. Lot Area Proportionality. The urban lot split shall result in two (2) lots of
approximately equal lot area but in no case less than forty (40) percent
of the lot area of the original lot.
b. Lot Lines.
i. Proposed lot lines shall be straight lines unless existing improvements
or the physical characteristics of the lot prohibit straight lot lines.
ii. Proposed interior lot lines not facing the street shall be at right angles
perpendicular to the street on straight streets, or radial to the street on
curved streets.
12-35
Exhibit A
ZCA No. CA2022-007
Page 16 of 20
iii. Proposed lot lines shall not render an existing structure as
nonconforming in any respect (e.g., setbacks, open volume areas, floor
area limitations, parking, etc.), nor increase the nonconformity of an
existing nonconforming structure.
c. Access.
i. Each newly created lot shall have access to, provide access to, or
adjoin a public right-of-way.
ii. Arterials and Collector Roads. For lots that currently maintain access
from a local street, each newly created lot shall be designed such that
access to on -site parking spaces is provided from the local street.
Vehicular access from an arterial or collector road is prohibited.
iii. Driveways. Driveways shall be designed and constructed in accordance
with City Design Criteria and Council Policy on driveway approaches,
except as modified below:
1. Shared Driveways. Each newly created lot shall be designed such
that access to on -site parking spaces is provided by a shared
driveway approach through the recordation of a vehicular access
easement across one (1) lot;
2. Exception to Shared Driveway Approach. When alley access is
provided to one (1) resulting new lot, separate access through the
side yard setback area of a corner lot is permissible when access
by the abutting street would not result in the loss of existing on -
street parking spaces or prevent the creation of new on -street
parking spaces by the closure of existing curb cuts. There shall be
no new vehicular access driveway approach through a required
front setback area.
iv. Alley Access. Except as allowed by (5)(b)(iii)(2), for an existing lot that
abuts an alley, each newly created lot shall be designed such that
access to on -site parking spaces is accessed from the alley. The
recordation of a vehicular access easement across one (1) lot is
acceptable.
v. Vehicular Access Width.
1. Vehicular Access Easements. An easement providing a vehicular
access driveway measuring no less than twelve (12) feet in width
shall be provided.
2. Flag Lots. A narrow accessway portion of a flag lot shall measure
no less than eighteen (18) feet in width to accommodate a driveway
approach.
12-36
Exhibit A
ZCA No. CA2022-007
Page 17 of 20
d. Easements. The owner shall provide easements to the City related to the
provision of public services and facilities as determined to be necessary by
the City.
e. Utilities and Drainage. Each lot must be served by a separate water service
meter and a separate sewer connection. In addition, each lot shall drain to
the street, alley, or public storm drain.
f. Limitation on Conditions of Approval. The City may not require dedication
of rights -of -way, off -site improvements, or correction of nonconforming
zoning conditions as a condition of approval of a parcel map for an urban
lot split.
g. Owner -Occupancy. The owner of the lot proposed for an urban lot split shall
comply with the requirements provided herein and sign an affidavit stating
that the owner intends to occupy one (1) of the housing units as their
principal residence for a minimum of three (3) years from the date of the
final, recorded parcel map for the urban lot split, unless the applicant 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.
h. Separate Conveyance of Resulting Lots.
i. Separate conveyance of the resulting lot is permitted.
ii. 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, or if the two
(2) lots share a driveway pursuant to subsection (13)(5)(c)(iii)(1),
appropriate covenants, easements or similar documentation allocating
legal and financial rights and responsibilities between the owners of the
two (2) lots ("CC&Rs") for construction, reconstruction, use,
maintenance, and improvement of the attached structures and any
related shared drive aisles, parking areas, or other portions of the lot
must be recorded before the City will approve a final parcel map for the
urban lot split. Notwithstanding the provision of such CC&Rs, where
attached structures and/or related shared facilities span a lot line
resulting from an urban lot split, all owners of both lots shall be jointly
and severally responsible for the use and maintenance of such
structures and/or shared facilities in compliance with all provisions of
12-37
Exhibit A
ZCA No. CA2022-007
Page 18 of 20
this Code.
i. Park Dedication Fee. An in -lieu park dedication fee shall be paid in
compliance with Chapter 19.52 (Park Dedications and Fees) for each new
dwelling unit.
6. Deed Restriction and Recordation Required. Prior to the issuance of a building
permit for a dwelling within an SIB 9 housing development or the recordation of
a parcel map for an urban lot split, the property owner shall record a deed
restriction with the County Recorder's Office, the form and content of which is
satisfactory to the City Attorney. The deed restriction document shall notify future
owners of the applicable owner occupancy requirements, affordability
restrictions, prohibition on the separate conveyance, the approved size and
attributes of the development, and restrictions on short-term rentals.
Section 8: Footnote 3 of Table 5-1 (Review Authority) of Section 20.50.030
(Multiple Permit Applications) of Chapter 20.50 (Permit Application Filing and Processing)
of Title 20 (Planning and Zoning) of the NBMC is hereby amended to read as follows:
(3) The Director or Zoning Administrator may defer action and refer the request to the
Commission for consideration and final action, unless said zoning clearance is for the
ministerial approval of an SIB 9 housing development pursuant to Section 20.48.205 in
which case the Director is the final review authority.
Section 9: Subsection (E) of Section 20.52.100 (Zoning Clearances) of Chapter
20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the NBMC is
hereby amended to read as follows:
E. Appeal to Commission. The Department's action on a zoning clearance request may
be appealed to the Commission in compliance with Chapter 20.64 (Appeals), unless said
zoning clearance is for the ministerial approval of an SIB 9 housing development pursuant
to Section 20.48.205 in which case the Director is the final review authority.
Section 10: The following definitions are hereby added to the alphabetical list of
definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases)
of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning Code) of the NBMC to
read as follows:
12-38
Exhibit A
ZCA No. CA2022-007
Page 19 of 20
"SB 9 Housing Development (Land Use)" means a residential development that contains
two (2) new dwelling units or proposes to add one (1) new dwelling unit on a lot designated
for single-family residential use with one (1) existing dwelling unit, pursuant to California
Government Code Section 65852.21 or any successor statute.
"Urban Lot Splits (Land Use)" means the subdivision of an existing, legally subdivided lot
intended for single-family residential use to create one (1) new additional lot, pursuant to
California Government Code Section 66411.7 or any successor statute.
12-39
Attachment C
May 26, 2022 Planning Commission Minutes Excerpt
12-40
Planning Commission Special Meeting Minutes
May 26, 2022
ITEM NO. 3 SENATE BILL 9 IMPLEMENTATION CODE AMENDMENT (PA2021-277)
Site Location: Citywide
Summary:
Senate Bill 9 Implementation Code Amendment - Amendments to Title 19 (Subdivisions) and Title
20 (Planning and Zoning) establishing regulations to implement Government Code Sections
65852.21 and 66411.7 that went into effect on January 1, 2022. Specifically, the amendment would
allow ministerial subdivisions and the construction of up to two units for lots that are designated for
single-family use.
Recommended Action:
1. Conduct a public hearing;
2. Find this amendment statutorily exempt from environmental review and not considered a
project under the California Environmental Quality Act (CEQA) pursuant to Government Code
Sections 65852.21(j) and 66411.7(n) and further find that this amendment is categorically
exempt from CEQA under Section 15303 and 15315 as set forth in Title 14, Division 6, Chapter
3 of the California Code of Regulations which categorically exempts the construction of a
second dwelling unit in a residential zone and the division of property in urbanized areas zoned
for residential use into four or fewer parcels; and
3. Adopt Resolution No. PC2022-012 (Attachment No. PC 1) recommending the City Council
approve Code Amendment No. CA2021-007 implementing new state law requirements relating
to SB 9 housing developments and urban lot splits.
Senior Planner Zdeba and Principal Planner Murillo reviewed the background of Senate Bill (SB) 9, including SB 9
housing development projects and SB 9 urban lot split scenarios without and with an ordinance, proposed SB 9
housing development standards, proposed urban lot split development standards, additional requirements, and next
steps.
In response to Commissioner Klaustermeier's query, Senior Planner Zdeba noted the parking requirements per
State law and displayed a draft exhibit of high -quality transit areas to discuss parking exemptions and requirements.
He also clarified the use of easements to access parking.
In response to Commissioner Koetting's questions, Senior Planner Zdeba confirmed that Homeowner Associations
(HOAs) can enforce private Covenants, Conditions, and Restrictions (CC&Rs) to restrict SB 9 and not ADUs due
to State law, off -site improvements, such as sidewalk construction, cannot be imposed through the City's approval
of SB 9 projects, provisions of public services relate to utility easements, tailored objective design standards to
better guide the regulations must be clearly written, and owner occupancy requirements for a three-year period.
In response to Vice Chair Kleiman's queries, Senior Planner Zdeba relayed that he did not know an exact number
of affected parcels in the Coastal Zone, but that approximately 17,500 parcels are eligible for SB 9 provisions.
Assistant City Attorney Summerhill added that the Turner Institute prepared a study that estimates 10 percent of eligible
parcels will actually take advantage of SB 9. Senior Planner Zdeba noted that January 1, 2022, was the effective
date for SB 9 and no applications have been submitted to the City to date. He noted an affidavit signing requirement
by the State to satisfy the owner -occupied requirement and clarified the intent of the affordability requirement for
only one SB 9 unit noting that a higher inclusionary requirement would serve as an impediment to SB 9
development. He added that land values and development costs are high in Newport Beach, so the City views the
affordability requirement as a way to produce affordable housing units.
Commissioners reported no ex parte communication.
In response to Commissioner Koetting's questions regarding outreach, Senior Planner Zdeba disclosed informal
conversations with home builders or real estate agencies and two study sessions that received no comments.
3 of 5
12-41
Planning Commission Special Meeting Minutes
May 26, 2022
Community Development Director Jurjis noted the direction to staff by the City Council to proceed in this manner
and that tonight's meeting was publicly noticed.
Chair Lowrey opened the public hearing
Jim Mosher questioned SB 9 for Coastal Zone parcels while awaiting the Local Coastal Program (LCP) amendment
approval, expressed the opinion that the code amendment parts copied from SB 9 written poorly and subject to
lawsuits, and questioned the objective meaning in the amendment for "within one block" in the conditions where the
City cannot impose parking requirements.
Chair Lowrey closed the public hearing.
In response to Mr. Mosher's questions, Community Development Director Jurjis confirmed that the City's LCP does
not allow for SB 9 units in the Coastal Zone and the ordinance will be applicable for only outside the Coastal Zone
until the LCP amendment is complete.
Motion made by Secretary Ellmore and seconded by Commissioner Klaustermeier to support Item No. 3 Senate
Bill 9 Implementation Code Amendment (PA2021-277).
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand
NOES: None
RECUSED: None
ABSENT: Rosene
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Planning Commission Special Meeting Minutes
May 26, 2022
The agenda for the May 26, 2022, Planning Commission meeting was posted on Thursday, May
19, 2022, at 3:16 p.m. in the Chambers binder, on the digital display board located inside the
vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on
Thursday, May 19, 2022, at 3:39 p.m.
Curtis Ellmore, Secretary
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12-43
Attachment D
Planning Commission Resolution No. PC2022-012
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RESOLUTION NO. PC2022-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2022-007
TO IMPLEMENT NEW STATE LAW REQUIREMENTS RELATED
TO SENATE BILL 9 HOUSING DEVELOPMENTS AND URBAN
LOT SPLITS (PA2021-277)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On September 16, 2021, Governor Gavin Newsom signed Senate Bill 9 ("SB 9") into law,
which among other things, allows for the ministerial approval of urban lot splits and the
construction of two units on each single-family residential lot.
2. The City does not have development standards or procedural standards in Titles 19
(Subdivisions) and 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC")
related to SB 9 projects ("SB 9 Housing Development").
3. SB 9 allows local agencies to adopt an ordinance imposing objective zoning standards,
subdivision standards, and development standards that do not otherwise conflict with State
law.
4. The City's regulations contained in Title 21 (Local Coastal Program Implementation Plan)
impacting the Coastal Zone remain unaffected by the subject ordinance until such time as the
City's LCP is duly amended in accordance with SB 9 and the California Coastal Act.
5. A study session was held by the Planning Commission on April 21, 2022, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the study session was given in accordance with the California
Government Code Section 54950 et seq. ("Ralph M. Brown Act"). Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at the meeting.
6. A public hearing was scheduled by the Planning Commission on May 12, 2022, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and Chapter 20.62 (Public Hearings) of the NBMC. The Planning Commission
continued the Project to the May 26, 2022, Planning Commission meeting.
7. A public hearing was held by the Planning Commission on May 26, 2022, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
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Planning Commission Resolution No. PC2022-012
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to California Government Code Sections 65852.210) and 66411.7(n), the adoption of
an ordinance by a city or county implementing the provisions of Government Code Sections
66411.7 and 65852.21 regulating urban lot splits and SIB 9 Housing Developments is statutorily
exempt from the requirements of the California Environmental Quality Act ("CEQA").
Therefore, the code amendment is statutorily exempt from CEQA in that the proposed
ordinance implements the new laws enacted by SIB 9. Additionally, the code amendment is
categorically exempt from CEQA under Section 15303 and 15315 as set forth in Title 14,
Division 6, Chapter 3 of the California Code of Regulations which categorically exempts the
construction of a second dwelling unit in a residential zone and the division of property in
urbanized areas zoned for residential use into four or fewer parcels. Sections 15303 and 15315
apply here in that the code amendment regulates the construction of two dwelling units on a lot
or the subdivision of a lot to create an additional unit. Moreover, none of the "exceptions" to
the use of the Class 3 exemption, set forth in State CEQA Guidelines Section 15300.2, apply
here. Specifically, the code amendment will (1) not result in a potentially significant cumulative
impact, in that it is limited to single -unit residential properties; (2) not result in a reasonable
possibility that the activity will have a significant effect on the environment due to unusual
circumstances; (3) not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway officially designated
as a state scenic highway, in that no residential property located adjacent to a state scenic
highway; (4) not be located on a hazardous waste site included on any list compiled pursuant
to § 65962.5 of the Government Code, in that no applicable property is located on a hazardous
waste site; or (5) not result in a substantial adverse change in the significance of a historical
resource.
SECTION 3. FINDINGS.
1. Adopting an ordinance consistent with Government Code Sections 65852.21 and 66411.7
ensures that the character of the City is preserved to the maximum extent possible and that
the City's regulation of SIB 9 Housing Developments continues to promote the health, safety,
and welfare of the community.
2. As permitted by California Government Code Section 65852.21, the City finds that
maintaining unobstructed rear alley setbacks is essential to preserve vehicular
maneuverability for residents, fire and life safety personnel traveling through the City's narrow
alleyways.
3. Consistent with limitations of the Housing Crisis Act of 2019, specifically Government Code
Section 66300(b)(a)(A), this code amendment does not affect, change, or otherwise lessen
the intensity of land use below what was allowed for single-family development on these
applicable lots than what was in effect on January 1, 2018. Rather, this code amendments
provides additional and alternative development allowances for SIB 9 Housing Developments
and urban lot splits that were not previously allowed.
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Planning Commission Resolution No. PC2022-012
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4. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends to the City Council
approve Code Amendment No. CA2022-007 as set forth in Exhibit "A," which is attached hereto
and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 26T" DAY OF MAY, 2022.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand
NOES: None
ABSTAIN: None
Curtis Ellmore, Secretary
Attachment(s): Exhibit A — Code Amendment No. CA2022-007
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10:/:111I lifi_A
CODE AMENDMENT NO. CA2022-007
Section 1: Subsection (D)(2) of Section 20.12.020 (Rules of Interpretation) of
Chapter 20.12 (Interpretation of Zoning Code Provisions) of Title 20 (Planning and Zoning) of
the NBMC is amended to read as follows:
2. Agreements, Planned Communities, or Specific Plans. If conflicts occur between the
requirements of this Zoning Code and standards adopted as part of a planned community
development plan, development agreement, specific plan, or annexation agreement, the
requirements of the planned community development plan, development agreement, specific
plan, or annexation agreement shall prevail unless otherwise provided in the planned
community development plan, development agreement, specific plan, or annexation
agreement. Notwithstanding the foregoing, if a conflict occurs between the standards adopted
as part of a planned community development plan and an application for a tentative parcel map
for an urban lot split that meets all of the requirements of Section 20.48.205 (SB 9 Housing
Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts) and Chapter
19.90 (Tentative Parcel Maps for Urban Lot Splits), Section 20.48.205 (SB 9 Housing
Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts) and Chapter
19.90 (Tentative Parcel Maps for Urban Lot Splits) apply.
Section 2: The rows entitled "SB 9 Housing Developments" and "Urban Lots Splits"
are hereby added to Table 2-1 (Allowed Uses and Permit Requirements) of Section 20.18.020
(Residential Zoning Districts Land Uses and Permit Requirements) of Chapter 20.18
(Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 (Planning and Zoning)
of the NBMC as follows:
Residential Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
TABLE 2-1
ALLOWED USES AND PERMIT
CUP-HO Conditional Use Permit in Residential Zoning
REQUIREMENTS
Districts (Section 20.52.030)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed
Land Use
See Part 7 of this title for land use
Specific
definitions.
R-BI
RM
Use
See Chapter 20.12 for unlisted uses.
R-A
R-1**
R-2
RMD
Regulations
Residential Uses
SB 9 Housing Development
P
P
—
—
Section
20.48.205
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Residential Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-1
CUP Conditional Use Permit (Section 20.52.020)
ALLOWED USES AND PERMIT
CUP-HO Conditional Use Permit in Residential Zoning
REQUIREMENTS
Districts (Section 20.52.030)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed
Land Use
See Part 7 of this title for land use
Specific
definitions.
R-BI
RM
Use
See Chapter 20.12 for unlisted uses.
R-A
R-1**
R-2
RMD
Regulations
Urban Lot Splits
P
P
—
—
Chapter
19.90 and
Section
20.48.205
Section 3: Footnote 2 of Table 2-2 (Development Standards for Single -Unit
Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of Chapter 20.18 (Residential Zoning Districts) of Title 20 (Planning
and Zoning) of the NBMC is hereby amended to read as follows:
(2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are
less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions).
The minimum lot size shall not be less than the original underlying lots on the same block face
and in the same zoning district. Lot width and length may vary according to the width and depth
of the original underlying lots. With the exception of tentative parcel maps for urban lot splits
that meet the requirements of Section 20.48.205 (SB 9 Housing Developments and Urban Lot
Splits in Single -Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps
for Urban Lot Splits), new subdivisions that would result in additional dwelling units beyond
what the original underlying lots would allow are not permitted unless authorized by an
amendment of the General Plan (GPA).
Section 4: Section 20.48.205 (SB9 Housing Developments and Urban Lot Splits in
Single -Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific Land Uses)
of Title 20 (Planning and Zoning) of the NBMC is hereby added to read as follows:
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential
Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and urban lot
splits as required pursuant to California Government Code Sections 65852.21 and 66411.7, or
any successor statute. This section shall sunset automatically without action of the City in the
event California Government Code Sections 65852.21 and 66411.7 are repealed or no longer
mandated by State law.
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A. Zoning Districts and Planned Communities. SIB 9 housing developments and urban lot splits
shall be allowed in the R-A and R-1 zoning districts or areas designated for single -unit
residential within a planned community development plan or specific plan.
B. Permit and Review Procedures.
SIB 9 Housing Developments. An applicant for an SB 9 housing development shall obtain
a zoning clearance in the form of an approval letter issued by the Community
Development Director.
2. Urban Lot Split. An applicant for an urban lot split shall obtain a parcel map that meets
the requirements set forth in Chapter 19.90 (Parcel Maps for Urban Lot Splits) and the
applicable requirements set forth in this section.
3. Review Criteria. An SIB 9 housing development or urban lot split is prohibited if any of
the following conditions exist:
a. Noncompliance. The property does not conform to the development standards
and requirements as provided in this section.
b. Demolition or Alteration of Certain Types of Housing Units. The development
requires the demolition or alteration of any of the following types of housing:
i. Dwelling unit that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to very low-, low-, or moderate -income
households;
ii. Dwelling unit that is subject to any form of rent or price control; or
iii. Dwelling unit that has been occupied by a tenant in the last three (3) years.
The applicant and property owner of the development must provide a
sworn statement confirming the prior occupancy of the dwelling unit. The
City may conduct its own inquiries and investigation to ascertain the
veracity of the sworn statement; and the City may require additional
evidence of the applicant and property owner as necessary to determine
compliance with this requirement.
c. Alteration of Existing Structures on Lots Occupied by Tenants. The development
requires demolition of more than 25 percent of the existing exterior walls of any
structure on a lot that has been occupied by a tenant in the last three (3) years.
d. Ellis Act. The development is located on a lot on which the owner has exercised
rights under the Ellis Act (Government Code Sections 7060-7060.7) to withdraw
accommodations from rent or lease within fifteen (15) years before the date that
the development proponent submits an application.
e. Historic Resource. The development is located within a historic district or property
included on the State Historic Resources Inventory, as defined in Section 5020.1
of the California Public Resources Code, or on a lot that is designated or listed
as a City landmark or historic property.
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f. Environmental Resource or Hazard. As specified in more detail in subparagraphs
(B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code
Section 65913.4, the development is located on a lot that is any of the following:
i. Either prime farmland or farmland of statewide importance;
ii. Wetlands;
iii. Within a very high fire hazard severity zone, unless the development is
designed to comply with Section 9.04.380 (Requirements for Wildland
Urban Interface Fire Areas).
iv. A hazardous waste site, unless the lot has been appropriately cleared for
residential use;
v. Within a delineated earthquake fault zone, unless the development
complies with applicable seismic protection building code standards;
vi. Within a special flood hazard area as mapped by the most recent adopted
Floor Insurance Rate Plan unless the development is designed to comply
with Chapter 15.50 (Floodplain Management);
vii. Within a regulatory floodway;
viii. Lands identified for conservation in an adopted natural resource protection
plan;
ix. Lands that include habitat for protected species; and
x. Lands subject to a conservation easement.
g. Coastal Zone. The property is located in the coastal zone, unless Title 21 (Local
Coastal Program Implementation Plan) is amended to allow for SIB 9 housing
developments and urban lot splits.
h. Additional exclusions for urban lot splits. The review authority shall deny an urban
lot split if any of the following conditions exist:
i. The lot has been established through a prior urban lot split; or
ii. The owner of the lot being subdivided or a person acting in concert with
the owner has previously subdivided an adjacent lot using an urban lot
split. For the purposes of this subsection, "acting in concert" means
pursuing a shared goal to subdivide adjacent lots pursuant to an
agreement or understanding, whether formal or informal.
4. Standards. Except as modified below, an application for an SIB 9 housing development
or future development on a lot created through an urban lot split shall conform to all
requirements of the underlying R-A or R-1 zoning districts, planned community
standards, specific plan area, any applicable overlay district, and other applicable
objective development standards of this title (Planning and Zoning), including but not
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limited to height, setback, site coverage, parking, floor area limit, and other applicable
requirements.
a. Setbacks.
i. No increased setback is required for an existing legally established
structure or for a new dwelling unit that is constructed in the same
dimensions as an existing legally established structure, provided that the
new dwelling unit shall not be greater than 800 square feet.
ii. If it is demonstrated that a required minimum side or rear setback not
abutting an alley would physically preclude the development or
maintenance of at least two (2) 800-square-foot dwelling units on a single
lot, said setbacks may be reduced to the minimum degree necessary. In
no case, however, shall the setbacks be reduced to less than four (4) feet
from a side or rear property line.
b. Parking. A minimum of one (1) garage parking space that meet the standards set
forth in Section 20.40.090 shall be provided for each additional SIB 9 housing
development or urban lot split unless the development is within:
i. One-half mile walking distance of a high -quality transit corridor, as defined
in subdivision (b) of Section 21155 of the Public Resources Code;
ii. One-half mile walking distance of a major transit stop, as defined in
Section 21064.3 of the Public Resources Code; or
iii. One block of a car -share vehicle. For the purposes of this section, "car -
share vehicle" shall mean part of an established program intended to
remain in effect at a fixed location for at least ten (10) years and available
to the public.
c. Maximum Number of Units Allowed.
A maximum of two (2) dwelling units of any kind may be built on a lot that
results from an urban lot split. For the purposes of this paragraph, "unit"
means any dwelling unit, including, but not limited to, a primary unit, a unit
created under this section, an accessory dwelling unit, or a junior
accessory dwelling unit.
ii. A lot that is not created by an urban lot split may have a maximum of four
(4) units consisting of single -unit or two -unit dwellings, plus any accessory
dwelling units and/orjunior accessory dwelling units allowed in compliance
with Section 20.48.200.
d. Unit Size.
i. The dwelling unit shall not exceed eight hundred (800) square feet.
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ii. A dwelling unit that was legally constructed prior to the addition of a second
dwelling unit as part of an SB 9 housing development and that is larger
than those limits identified in (4)(d)(i) is limited to the existing floor area at
the time of the SB 9 housing development approval. Any expansion of the
existing dwelling unit is prohibited.
iii. A dwelling unit that was legally constructed prior to the addition of a second
dwelling unit as part of an SB 9 housing development and that is smaller
than those limits identified in (4)(d)(i) may be expanded up to those limits
after, or as part of the SB 9 housing development.
e. Building Height.
Each unit within the development shall not exceed one story and a height
of sixteen (16) feet. A dwelling unit that was legally established prior to
the addition of a second dwelling unit as part of a SB 9 housing
development that exceeds one story or sixteen (16) feet in height may be
retained but shall not be increased beyond said height.
Only in the event existing site development conditions cannot
accommodate a second 800-square-foot dwelling unit designed consistent
with the standards of the section, an increased height limit of two -stories
and twenty-four (24) feet shall be permitted, subject to the following:
1. No exterior stairway to a second story shall be located on any front
or side building frontage facing a street.
2. No exterior stairway to a second story shall be located in a required
front or side yard setback area, or a rear yard setback area abutting
an alley.
3. New second -story floor area shall be stepped back a minimum of
five (5) feet from the first story wall plane on all street facing
elevations.
4. Balconies are prohibited when facing interior side yards and rear
yards abutting neighboring property.
f. Design.
Each proposed dwelling unit shall match the existing dwelling unit in
materials, color and architectural style.
ii. Roof decks are prohibited.
iii. The roof pitch/slope and roof style (e.g., hip, gable, mansard, dutch gable,
flat, etc.) of the proposed dwelling unit must be the same as the existing
dwelling.
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g. Utility Connections. Each dwelling unit shall provide separate connections to
public utilities (or their equivalent), including water, electric, and sewer services.
h. Short -Term Lodging. Any dwelling unit permitted pursuant to an SB 9 housing
development or urban lot split shall not be rented for periods of thirty (30) days or
less.
i. Nonconforming Conditions. All nonconforming structures, uses or parking on a
lot where an SB 9 housing development is proposed shall be brought into
compliance with the development standards of this Zoning Code.
j. Owner -Occupancy. For SB 9 housing developments not located on a lot created
by an urban lot split, a natural person with legal or equitable title to the lot must
reside in either the primary dwelling unit or the second SB 9 housing development
as the person's legal domicile and permanent residence.
k. No Separate Conveyance within a Resulting Lot. Dwelling units within a SB 9
housing development may be rented, but no dwelling units, including accessory
dwelling units or junior accessory dwelling units, may be sold or otherwise
conveyed separately from the lot. Additionally, condominium airspace divisions
and common interest developments are not permitted within the lot and all fee
interest in a lot and all dwelling units on the lot must be held equally and
undivided by all individual property owners.
I. Affordability Restrictions. Excluding accessory dwelling units, the second primary
unit within the SB 9 housing development shall be restricted to occupancy by very
low- or low-income households for a 30-year period.
m. Findings for Denial of an SB9 Housing Development or Urban Lot Split.
Notwithstanding the foregoing, the City may deny an application for an SB 9
housing development if Director and Building Official make written finding(s),
based upon a preponderance of the evidence, the development would have a
specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Government Code 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.
5. Additional Standards for Urban Lot Splits. In addition to the requirements set forth in
Title 19 (Subdivisions), an application for an urban lot split shall conform to all
requirements of the underlying R-A or R-1 zoning district or single -unit residential
property within a planned community or specific plan, and any applicable overlay district
including but not limited to objective design criteria related to lot dimensions, subdivision
design, and park dedications and fees.
a. Lot Design
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i. Minimum Lot Area. The urban lot split shall result in two (2) lots with a
minimum lot area of one thousand two hundred (1,200) square feet each;
and
ii. Lot Area Proportionality. The urban lot split shall result in two (2) lots of
approximately equal lot area but in no case less than forty (40) percent of
the lot area of the original lot.
b. Lot Lines.
i. Proposed lot lines shall be straight lines unless existing improvements or
the physical characteristics of the lot prohibit straight lot lines;
ii. Proposed interior lot lines not facing the street shall be at right angles
perpendicular to the street on straight streets, or radial to the street on
curved streets; and
iii. Proposed lot lines shall not render an existing structure as nonconforming
in any respect (e.g., setbacks, open volume areas, floor area limitations,
parking, etc.), nor increase the nonconformity of an existing
nonconforming structure.
c. Access.
i. Each newly created lot shall have access to, provide access to, or adjoin
a public right-of-way.
ii. Arterials and Collector Roads. For lots that currently maintain access from
a local street, each newly created lot shall be designed such that access
to on -site parking spaces is provided from the local street. Vehicular
access from an arterial or collector road is prohibited;
iii. Driveways. Driveways shall be designed and constructed in accordance
with City Design Criteria and Council Policy on driveway approaches,
except as modified below:
1. Shared Driveways. Each newly created lot shall be designed such
that access to on -site parking spaces is provided by a shared
driveway approach through the recordation of a vehicular access
easement across one lot;
2. Exception to Shared Driveway Approach. When alley access is
provided to one (1) resulting new lot, separate access through the
side yard setback area of a corner lot is permissible when access
by the abutting street would not result in the loss of existing on -
street parking spaces or prevent the creation of new on -street
parking spaces by the closure of existing curb cuts. There shall be
no new vehicular access driveway approach through a required
front setback area.
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iv. Alley Access. Except as allowed by (5)(b)(iii)(2), for an existing lot that
abuts an alley, each newly created lot shall be designed such that access
to on -site parking spaces is accessed from the alley. The recordation of a
vehicular access easement across one (1) lot is acceptable.
v. Vehicular Access Width.
Vehicular Access Easements. An easement providing a vehicular
access driveway measuring no less than twelve (12) feet in width
shall be provided.
2. Flag Lots. A narrow accessway portion of a flag lot shall measure
no less than eighteen (18) feet in width to accommodate a driveway
approach.
d. Easements. The owner shall provide easements to the City related to the
provision of public services and facilities as determined to be necessary by the
City.
e. Utilities and Drainage. Each lot must be served by a separate water service meter
and a separate sewer connection. In addition, each lot shall drain to the street,
alley, or public storm drain.
f. Limitation on Conditions of Approval. The City may not require dedication of
rights -of -way, off -site improvements, or correction of nonconforming zoning
conditions as a condition of approval of a parcel map for an urban lot split.
g. Owner -Occupancy. The owner of the lot proposed for an urban lot split shall
comply with the requirements provided herein and sign an affidavit stating that
the owner intends to occupy one (1) of the housing units as their principal
residence for a minimum of three (3) years from the date of the final, recorded
parcel map for the urban lot split, unless the applicant 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.
h. Separate Conveyance of Resulting Lots.
i. 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, or if the two lots
share a driveway pursuant to subsection (13)(5)(c)(iii)(1), appropriate
covenants, easements or similar documentation allocating legal and
financial rights and responsibilities between the owners of the two (2) lots
("CC&Rs") for construction, reconstruction, use, maintenance, and
improvement of the attached structures and any related shared drive
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aisles, parking areas, or other portions of the lot must be recorded before
the City will approve a final parcel map for the urban lot split.
Notwithstanding the provision of such CC&Rs, where attached structures
and/or related shared facilities span a lot line resulting from an urban lot
split, all owners of both lots shall be jointly and severally responsible for
the use and maintenance of such structures and/or shared facilities in
compliance with all provisions of this Code.
i. Park Dedication Fee. An in -lieu park dedication fee shall be paid in compliance
with Chapter 19.52 (Park Dedications and Fees) for each new dwelling unit.
6. Deed Restriction and Recordation Required. Prior to the issuance of a building permit
for a dwelling within an SIB 9 housing development or the recordation of a parcel map
for an urban lot split, the property owner shall record a deed restriction with the County
Recorder's Office, the form and content of which is satisfactory to the City Attorney. The
deed restriction document shall notify future owners of the applicable owner occupancy
requirements, affordability restrictions, prohibition on the separate conveyance, the
approved size and attributes of the development, and restrictions on short-term rentals.
Section 5: Footnote 3 of Table 5-1 (Review Authority) of Section 20.50.030 (Multiple
Permit Applications) of Chapter 20.50 (Permit Application Filing and Processing) of Title 20
(Planning and Zoning) of the NBMC is hereby amended to read as follows:
(3) The Director or Zoning Administrator may defer action and refer the request to the
Commission for consideration and final action, unless said zoning clearance is for the
ministerial approval of an SIB 9 Housing Development pursuant to Section 20.48.205 in which
case the Director is the final review authority.
Section 6: Subsection (E) of Section 20.52.100 (Zoning Clearances) of Chapter
20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the NBMC is hereby
amended to read as follows:
E. Appeal to Commission. The Department's action on a zoning clearance request may be
appealed to the Commission in compliance with Chapter 20.64 (Appeals), unless said zoning
clearance is for the ministerial approval of an SIB 9 Housing Development pursuant to Section
20.48.205 in which case the Director is the final review authority.
Section 7: The following definitions are hereby added to the alphabetical list of
definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of
Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning Code) of the NBMC to read as
follows:
"SB 9 Housing Development (Land Use)" means a residential development that contains two
(2) new dwelling units or proposes to add one (1) new dwelling unit on a lot designated for
single-family residential use with one (1) existing dwelling unit, pursuant to California
Government Code Section 65852.21 or any successor statute.
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"Urban Lot Splits (Land Use)" means the subdivision of an existing, legally subdivided lot
intended for single-family residential use to create one (1) new additional lot, pursuant to
California Government Code Section 66411.7 or any successor statute.
Section 8: Section 19.12.010 (Tentative Map Review Authority) of Chapter 19.12
(Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended to read as
follows:
19.12.010 Tentative Map Review Authority
The Planning Commission shall have the authority to approve, conditionally approve, or deny
tentative tract maps and tentative parcel maps referred by the Zoning Administrator to the
Planning Commission for review. The Zoning Administrator shall have the authority to approve,
conditionally approve, or deny tentative parcel maps. Appeals or calls for review from actions
of the above reviewing bodies shall be processed in accordance with
Sections 19.12.050 and 19.12.060, respectively. The Zoning Administrator shall have the
authority to approve, conditionally approve, or deny tentative parcel maps for urban lot splits in
accordance with Chapter 19.90 (Parcel Maps for Urban Lot Splits). Tentative parcel maps for
urban lot splits may be denied in accordance with Subsection 19.90.020(F) (Findings for
Denial).
Section 8: Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12
(Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended to read as
follows:
19.12.060 Review of Tentative Parcel Maps.
A. Review by Zoning Administrator.
Authority. Tentative parcel maps shall be reviewed and approved, conditionally
approved or denied by the Zoning Administrator unless the Zoning Administrator
determines that the public interest would be better served by review by the Planning
Commission. In such a case, the tentative parcel map shall be reviewed in the same
manner as tentative tract maps as set forth in Section 19.12.050. Notwithstanding
the foregoing, the Zoning Administrator shall not refer a tentative parcel map for an
urban lot split to the Planning Commission.
2. Procedures. The provisions for tentative tract maps set forth in
Sections 19.12.050(B) through (H) and (J), regarding staff reports, public hearings,
time limits, required findings, approval by inaction, and indemnification shall apply
to tentative parcel maps.
3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten
(10) days after the action unless appealed within the time limits specified in
subsection (B) of this section.
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4. Review of Tentative Parcel Maps for Urban Lot Splits. Tentative parcel maps for
urban lot splits shall be reviewed and approved, conditionally approved, or denied
by the Zoning Administrator pursuant to the provisions for tentative parcel maps for
urban lot splits that are exclusively set forth in Chapter 19.90 (Parcel Maps for Urban
Lot Splits).
B. Appeal or Call for Review of Zoning Administrator Action.
1. Initiation of Appeal or Call for Review. Any interested person may appeal any action
of the Zoning Administrator regarding a tentative parcel map, except a tentative parcel
map for an urban lot split, to the Planning Commission. Only an applicant can appeal an
action by the Zoning Administrator or the Planning Commission on a tentative parcel
map for an urban lot split. Calls for review of any action of the Zoning Administrator
regarding a tentative parcel map, except for a tentative parcel map for an urban lot split,
may be initiated by a member of the Planning Commission, to the Planning Commission,
in the member's official capacity, if the sole purpose for the call for review is to bring the
matter in front of the entire body for review. Calls for review of any action of the Planning
Commission regarding a tentative parcel map, except a tentative parcel map for an
urban lot split, may be initiated by a member of the City Council, to the City Council, in
the member's official capacity, if the sole purpose for the call for review is to bring the
matter in front of the entire body for review. In accordance with Government Code
Section 66463.5, or any successor statute, an appeal of a denial of a tentative parcel
map extension shall be heard by the City Council.
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall
be filed with the Community Development Director within ten (10) days after the action
of the Zoning Administrator on a form provided by the Community Development Director.
Appeals or calls for review to the City Council shall be filed with the City Clerk within ten
(10) days after the action of the Planning Commission on a form provided by the City
Clerk. An appeal of a denial of a tentative parcel map extension shall be filed with the
City Clerk and heard by City Council in accordance with Government Code
Section 66463.5, or any successor statute. The time limit for filing appeals on denials of
a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning
Administrator. Upon the filing of an appeal or call for review, the original decision shall
be stayed and the matter shall be set for public hearing.
3. Fees. Any appeal filed by an interested person shall be accompanied by a fee set
by resolution of the City Council. A call for review is exempt from the payment of a filing
fee under Section 3.36.030, or any successor provision.
C. Further Appeal or Call for Review. Any action by the Planning Commission, when acting
as the Appeal Board, or any decision affirmed by the City Clerk due to Planning Commission
inaction within the specified time limits in Sections 19.12.050(D) and (E) may in turn be
appealed or called for review in accordance with the procedures and time limits set forth in
Section 19.12.050.
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Section 9: Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19
(Subdivisions) of the NBMC is hereby added in its entirety to read as follows:
Chapter 19.90 Parcel Maps for Urban Lot Splits.
19.90.010 Purpose and Scope.
19.90.020 Application and Review of Urban Lot Split Parcel Maps.
19.90.030 Design and Improvement Requirements.
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
19.90.050 Prohibition of Further Subdivision.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
19.90.070 Tentative Parcel Map for Urban Lot Splits Expiration and Extension.
19.90.010 Purpose and Scope.
This Chapter serves to implement Government Code Section 66411.7 to provide an owner an
alternative method to subdivide the lot for residential development. For purposes of this
Chapter, "urban lot split" means the subdivision of an existing, legal lot in designated for single-
family residential use zone to create one (1) additional lot.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with the
Community Development Department by a record owner or owners of the property to be
divided or by their authorized agents. The required number of copies of the map shall be
established by the Community Development Director through an application form.
B. Application Fee. The application shall be accompanied by the required application fee(s),
as established by resolution of the City Council. Such fees shall be in accordance with
Section 66451.2 of the Subdivision Map Act and shall not exceed the amount reasonably
required to administer provisions of this title.
C. Form and Content. A tentative parcel map for an urban lot split shall be prepared by a
licensed surveyor or civil engineer registered in the State of California in accordance with
the Subdivision Map Act and this Code. Maps shall be in map form in size, scale and format
as specified by the Director and shall be accompanied by other reports, exhibits, information
and materials as required by the Director. The Director shall provide application forms and
a list of required tentative map information on request.
D. Supplemental Information. In addition to the items identified in (C) of this Section, the
following supplemental information shall be submitted with a tentative parcel map
application to establish compliance with the construction plans and all provisions of this
Code and applicable State law:
1. A map of appropriate size and to scale showing all the following:
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a. Total area (in acreage and square feet) of each proposed lot;
b. Zoning District and General Plan Land Use Category;
c. The location and use of all existing and proposed structures;
d. All required zoning setbacks for the existing and proposed lots;
e. The location of all existing water, sewer, electricity, storm drain, or gas service lines,
pipes, systems, or easements;
f. The location of all proposed new water, sewer, electricity, storm drain, lines, pipes,
or systems;
g. The location of any proposed easements for access or public utilities to serve a lot
created by the subdivision;
h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
i. Location of existing or proposed driveway dimensions, materials, and slope
(including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public right of
way.
2. A statement of the owner, signed under penalty of perjury under the laws of California,
that:
a. The proposed urban lot split would not require or authorize 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.
b. A lot or lots on which an owner of residential real property has exercised the owner's
rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1
of the Government Code to withdraw accommodations from rent or lease within
fifteen (15) years prior to the date that the development proponent submits an
application;
c. Housing that has been occupied by a tenant in the last three (3) years;
d. The lot has not been established through prior exercise of an urban lot split under
this Chapter;
e. Neither the owner of the lot being subdivided nor any person acting in concert with
the owner has previously subdivided an adjacent lot under the provisions of this
Chapter;
f. The owner intends to occupy one (1) of the housing units located on a lot created by
the parcel map as their principal residence for a minimum of three (3) years from the
date of the recording of the final parcel map;
g. Rental terms of any unit created by the subdivision shall not be rented for periods of
thirty (30) days or less; and
h. The uses allowed on a lot created by the parcel map shall be limited to residential
uses.
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E. Review Authority and Approval. If the Zoning Administrator determines, after consultation
with the City Engineer, that a tentative parcel map for an urban lot split meets all
requirements of this Chapter and Section 20.48.205(B) (Permit and Review Procedures),
the Zoning Administrator shall approve the tentative parcel map. This action is a ministerial
action in compliance with the provisions of this Chapter only. The findings under Section
19.12.070 (Required Findings for Action on Tentative Maps) do not apply.
F. Findings for Denial. The Zoning Administrator shall deny any application for a tentative
parcel map for urban lot split if the Zoning Administrator and Building Official make written
finding(s), based upon a preponderance of the evidence, that it would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision (d) of
Government Code 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.
19.90.030 Design and Improvement Requirements.
For lot design and development standards, see Section 20.48.205(B)(5) (Additional Standards
for Urban Lot Splits).
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
A. No development, including grading, shall commence on either lot, concurrent or subsequent
to an urban lot split, unless it is approved with a valid building permit for the construction of
a housing development and complies with all the objective development and design
standards in Sections 20.48.200 (Accessory Dwelling Units) and 20.48.205 (SB 9 Housing
Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts), or any other
adopted objective design standards in effect at the time a complete application is submitted.
B. A building permit for development of an urban lot split cannot be issued until the parcel map
records.
19.90.050 Prohibition of Further Subdivision.
A lot created by a parcel map under this Chapter shall not be further subdivided.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
See Section 19.12.090 (Amendments to Approved Tentative Maps) or its successor section.
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
See Chapter 19.16 (Tentative Map Expiration and Extension) or its successor section.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
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See Chapter 19.56 (Final Map Filing) and Chapter 19.60 (Final Map Review) or their successor
sections.
12-63
Attachment E
Redline -Strikeout Revisions
12-64
Exhibit "A"
Zoning Code Amendment No. CA2022-007
Section 1: Section 19.12.010 (Tentative Map Review Authority) of Chapter
19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended
to read as follows:
19.12.010 Tentative Map Review Authority.
The Planning Commission shall have the authority to approve, conditionally approve, or
deny tentative tract maps and tentative parcel maps referred by the Zoning Administrator
to the Planning Commission for review. The Zoning Administrator shall have the authority
to approve, conditionally approve, or deny tentative parcel maps. Appeals or calls for
review from actions of the above reviewing bodies shall be processed in accordance with
Sections 19.12.050 and 19.12.060, respectively. The Zoning Administrator shall have the
authority to approve, conditionally approve, or deny tentative parcel maps for urban lot
splits in accordance with Chapter 19.90 (Parcel Maps for Urban Lot Splits). Tentative
parcel maps for urban lot splits may be denied in accordance with Subsection
19.90.020(F) (Findings for Denial).
Section 2: Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter
19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended
to read as follows:
19.12.060 Review of Tentative Parcel Maps.
A. Review by Zoning Administrator.
Authority. Tentative parcel maps shall be reviewed and approved, conditionally
approved or denied by the Zoning Administrator unless the Zoning Administrator
determines that the public interest would be better served by review by the Planning
Commission. In such a case, the tentative parcel map shall be reviewed in the same
manner as tentative tract maps as set forth in Section 19.12.050. Notwithstanding the
foreaoina. the Zonina Administrator shall not refer a tentative parcel map for an urban
lot split to the Planning Commission.
2. Procedures. The provisions for tentative tract maps set forth in Sections 19.12.050(B)
through (H) and (J), regarding staff reports, public hearings, time limits, required
findings, approval by inaction, and indemnification shall apply to tentative parcel
maps.
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Exhibit A
ZCA No. CA2022-007
Page 2 of 20
3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten (10)
days after the action unless appealed within the time limits specified in subsection
(B) of this section.
4. Review of Tentative Parcel Maps for Urban Lot Splits. Tentative parcel maps for
urban lot splits shall be reviewed and approved, conditionally approved, or denied by
the Zoning Administrator pursuant to the provisions exclusively set forth in Chapter
19.90 (Parcel Maps for Urban Lot Splits).
B. Appeal or Call for Review of Zoning Administrator Action.
1. Initiation of Appeal or Call for Review. With the exception of a tentative parcel map
for an urban lot split..-, Aany interested person may appeal any action of the Zoning
Administrator regarding a tentative parcel map to the Planning Commission or any
action of the Planning Commission regarding a tentative parcel map to the City
Council. Only an applicant can appeal an action by the Zoning Administrator or the
Planning Commission on a tentative parcel map for an urban lot split. With the
exception of a tentative parcel map for an urban lot split, Ccalis for review of any
action of the Zoning Administrator regarding a tentative parcel map may be initiated
by a member of the Planning Commission to the Planning Commission, in the
member's official capacity, if the sole purpose for the call for review is to bring the
matter in front of the entire body for review. With the exception of a tentative parcel
map for an urban lot split..., Ccalls for review of any action of the Planning Commission
regarding a tentative parcel map may be initiated by a member of the City Council to
the City Council, in the member's official capacity, if the sole purpose for the call for
review is to bring the matter in front of the entire body for review. In accordance with
Government Code Section 66463.5, or any successor statute, an appeal of a denial
of a tentative parcel map extension shall be heard by the City Council.
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Exhibit A
ZCA No. CA2022-007
Page 3 of 20
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall
be filed with the Director within ten (10) days after the action of the Zoning
Administrator on a form provided by the Director. Appeals or calls for review to the
City Council shall be filed with the City Clerk within ten (10) days after the action of
the Planning Commission on a form provided by the City Clerk. An appeal of a denial
of a tentative parcel map extension shall be filed with the City Clerk and heard by City
Council in accordance with Government Code Section 66463.5, or any successor
statute. The time limit for filing appeals on denials of a tentative parcel map extension
shall be fifteen (15) days after the action of the Zoning Administrator. Upon the filing
of an appeal or call for review, the original decision shall be stayed and the matter
shall be set for public hearing.
3. Fees. Any appeal filed by an interested person shall be accompanied by a fee set by
resolution of the City Council. A call for review is exempt from the payment of a filing
fee under Section 3.36.030, or any successor provision.
C. Further Appeal or Call for Review. Any action by the Planning Commission, when
acting as the Appeal Board, or any decision affirmed by the City Clerk due to Planning
Commission inaction within the specified time limits in Sections 19.12.050(D) and (E)
may in turn be appealed or called for review in accordance with the procedures and
time limits set forth in Section 19.12.050.
Section 3: Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19
(Subdivisions) of the NBMC is hereby added in its entirety to read as follows:
Chapter 19.90
Parcel Maps for Urban Lot Splits
Rerfinnc-
19.90.010 Purpose and Scope.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
19.90.030 Design and Improvement Requirements.
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
19.90.050 Prohibition of Further Subdivision.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
19.90.070 Expiration and Extension of Tentative Parcel Maps for Urban Lot
Splits.
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Exhibit A
ZCA No. CA2022-007
Page 4 of 20
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
19.90.010 Purpose and Scope.
This Chapter serves to implement Government Code Section 66411.7 to provide an
owner an alternative method to subdivide a lot for residential development. For purposes
of this Chapter, "urban lot split" means the subdivision of an existing legal lot to create
one (1) additional lot in R-A and R-1 zoning districts or areas designated for single -unit
residential within a planned community development plan or specific single-family
residential use zone.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with
the Community Development Department by a record owner or owners of the
Property to be divided or their authorized agents. The required number of copies of
the map shall be established by the Community Development Director through an
apmlication form.
B. Application Fee. The application shall be accompanied by the required application
fee(), as established by resolution of the City Council. Such fees shall be in
accordance with Section 66451.2 of the Subdivision Mar) Act and shall not exceed
the amount reasonably required to administer provisions of this title.
C. Form and Content. A tentative parcel map for an urban lot split shall be prepared by
a licensed surveyor or civil engineer registered in the State of California in
accordance with the Subdivision Map Act and this Code. Maps shall meet the
requirements in Subsection (D) and shall be accompanied by other reports, exhibits,
information and materials as required by the Community Development Director. The
Community Development Director shall provide application forms and a list of
reauired tentative mar) information on reauest.
D. Supplemental Information. In addition to the items identified in (C) of this section, the
following supplemental information shall be submitted with a tentative parcel map
ar)r)lication to establish comr)liance with the construction r)lans and all provisions of
this Code and applicable state law:
A map of appropriate size and to scale showing all the following:
a. Total area (in acreage and square feet) of each proposed lot:
b. Zoning District and General Plan Land Use Category;
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Exhibit A
ZCA No. CA2022-007
Page 5 of 20
c. The location and use of all existing and proposed structures;
d. All required zoning setbacks for the existing and proposed lots;
e. The location of all existing water, sewer, electricity, storm drain, or gas service
lines, pipes, systems, or easements;
f. The location of all proposed new water. sewer. electricitv. storm drain. lines.
pipes, or systems;
g. The location of any proposed easements for access or public utilities to serve a
lot created by the subdivision;
h. Curb. autter, sidewalk. aarkway. and street trees: tVDe. location. and
dimensions;
i. Location of existing or proposed driveway dimensions, materials, and slope
(including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public right
of way.
2. A statement of the owner, signed under penalty of perjury under the laws of California,
that:
a. The proposed urban lot split would not require or authorize 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;
b. A lot or lots on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code to withdraw accommodations from
rent or lease within fifteen (15) vears prior to the date that the development
proponent submits an application;
C. Housing that has been occupied by a tenant in the last three (3) years;
d. The lot has not been established through prior exercise of an urban lot split
under this Chapter;
e. Neither the owner of the lot being subdivided nor any person acting in concert
with the owner has previously subdivided an adjacent lot under the provisions
of this Chapter;
f. The owner intends to occupy one (1) of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of three
(3) years from the date of the recording of the final parcel map;
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ZCA No. CA2022-007
Page 6 of 20
g. Rental terms of any unit created by the subdivision shall not be rented for a
period of less than thirty (30) days; and
h. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
E. Review Authority and Approval. If the Zoning Administrator determines, after
consultation with the City Engineer, that a tentative parcel map for an urban lot split
meets all requirements of this Chapter and Section 20.48.205(B) (Permit and Review
Procedures), the Zoning Administrator shall approve the tentative parcel map. This
action is a ministerial action in compliance with the provisions of this Chapter only.
The findings under Section 19.12.070 (Required Findings for Action on Tentative
Maps) do not apply.
F. Findinas for Denial. The Zonina Administrator shall denv anv application for a
tentative parcel map for urban lot split if the Zoning Administrator make written
finding(s), based upon a preponderance of the evidence, that it would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision (d) of
Government Code 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.
19.90.030 Design and Improvement Requirements.
The lot design and development standards set forth in Section 20.48.205(B)(5) (Additional
Standards for Urban Lot Splits) shall apply to urban lot splits.
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
A. No development, including grading, shall commence on either lot, concurrent or
subsequent to an urban lot split, unless it is approved with a valid building permit for
the construction of a housing development that complies with all the objective
development and design standards in Sections 20.48.200 (Accessory Dwelling Units)
and 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts), or any other adopted objective design standards in
effect at the time a complete application is submitted.
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ZCA No. CA2022-007
Page 7 of 20
B. A building permit for development of an urban lot split cannot be issued until the
parcel map is recorded.
19.90.050 Prohibition of Further Subdivision.
A lot created by a parcel map under this Chapter shall not be further subdivided.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
An amendment to an approved tentative parcel map for an urban lot split shall be
processed in accordance with Section 19.12.090 (Amendments to Approved Tentative
Maps).
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
Chapter 19.16 (Tentative Map Expiration and Extension) shall apply in the case of the
expiration or extension of a tentative parcel map for an urban lot split.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
Chapter 19.56 (Final Map Filing) and Chapter 19.60 (Final Map Review) shall apply to the
filing and review of a final parcel map for an urban lot split.
Section 4: Subsection (D)(2) of Section 20.12.020 (Rules of Interpretation) of
Chapter 20.12 (Interpretation of Zoning Code Provisions) of Title 20 (Planning and
Zoning) of the NBMC is amended to read as follows:
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ZCA No. CA2022-007
Page 8 of 20
2. Agreements, Planned Communities, or Specific Plans. If conflicts occur between the
requirements of this Zoning Code and standards adopted as part of a planned community
development plan, development agreement, specific plan, or annexation agreement, the
requirements of the planned community development plan, development agreement,
specific plan, or annexation agreement shall prevail unless otherwise provided in the
planned community development plan, development agreement, specific plan, or
annexation agreement. Notwithstanding the foregoing, if a conflict occurs between the
standards adopted as part of a planned community development plan and an application
for a tentative parcel map for an urban lot split that meets all of the requirements of
Section 20.48.205 (SIB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot
Splits), then Section 20.48.205 (SIB 9 Housing Developments and Urban Lot Splits in
Single Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for
Urban Lot Splits) shall apply.
12-72
Exhibit A
ZCA No. CA2022-007
Page 9 of 20
Section 5: The rows entitled "SB 9 Housing Developments" and "Urban Lots
Splits" are hereby added to Table 2-1 (Allowed Uses and Permit Requirements) of Section
20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of Chapter
20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 (Planning
and Zoning) of the NBMC as follows:
Residential Zoning Districts
Permit Requirements
*
P
Permitted by Right
TABLE 2-1
CUP
Conditional Use Permit (Section 20.52.020)
ALLOWED USES AND PERMIT
CUP-HO
Conditional Use Permit in Residential Zoning
REQUIREMENTS
Districts (Section 20.52.030)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not Allowed
Land Use
See Part 7 of this title for land use
Specific
definitions.
R-BI
RM
Use
See Chapter 20.12 for unlisted uses.
R-A
R-1**
R-2
RMD
Regulations
Residential Uses
613 9 Housing Developments
P
Section
20.48.205
Urban Lot Splits
p
Chapter
19.90 and
Section
20.48.205
Section 6: Footnote 2 of Table 2-2 (Development Standards for Single -Unit
Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of Chapter 20.18 (Residential Zoning Districts) of Title 20
(Planning and Zoning) of the NBMC is hereby amended to read as follows:
12- 73
Exhibit A
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(2) Lots may be subdivided so that the resulting lot area and dimensions for each new
lot are less than that identified in this table in compliance with the provisions of Title 19
(Subdivisions). The minimum lot size shall not be less than the original underlying lots on
the same block face and in the same zoning district. Lot width and length may vary
according to the width and depth of the original underlying lots. With the exception of
tentative parcel maps for urban lot splits that meet the requirements of Section 20.48.205
(SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning
Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits).-, Nnew
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA).
Section 7: Section 20.48.205 (SB 9 Housing Developments and Urban Lot
Splits in Single -Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific
Land Uses) of Title 20 (Planning and Zoning) of the NBMC is hereby added to read as
follows:
20.48.205 SB 9 Housinq Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and
urban lot splits as required pursuant to California Government Code Sections 65852.21
and 66411.7, or any successor statute. This section shall sunset automatically without
action of the City in the event California Government Code Sections 65852.21 and
66411.7 are repealed or no longer mandated by State law.
A. Zonina Districts and Planned Communities. SB 9 housina developments and urban
lot splits shall be allowed in the R-A and R-1 zoning districts or areas designated for
single -unit residential within a planned community development plan or specific plan.
B. Permit and Review Procedures.
1. SB 9 Housing Developments. An applicant for an SB 9 housing development shall
obtain a zoning clearance in the form of an approval letter issued by the Director.
2. Urban Lot Split. An applicant for an urban lot split shall obtain a parcel map that meets
the requirements set forth in Chapter 19.90 (Parcel Maps for Urban Lot Splits) and the
applicable requirements set forth in this section.
3. Review Criteria. An SB 9 housing development or urban lot split is prohibited if any of
the following conditions exist:
a. Noncompliance. The property does not conform to the development standards
and requirements as provided in this section.
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Exhibit A
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b. Demolition or Alteration of Certain Tvaes of Housina Units. The development
requires the demolition or alteration of the following types of housing:
i. Dwellina unit that is subiect to a recorded covenant. ordinance. or
law that restricts rents to levels affordable to very low-, low-, or
moderate -income households:
ii. Dwelling unit that is subject to any form of rent or price control; or
iii. Dwellina unit that has been occupied by a tenant in the last three (3)
years. The applicant and property owner of the development must
provide a sworn statement confirming the prior occupancy of the
dwelling unit. The City may conduct its own inquiries and
investigation to ascertain the veracity of the sworn statement: and
the City may require additional evidence of the applicant and
Property owner as necessary to determine compliance with this
requirement.
For purposes of this subsection, alteration of existing structures on lots occupied
by tenants shall mean the development requires modification or removal of more
than 25 percent of the existing exterior walls of any structure on a lot that has
been occupied by a tenant in the last three (3) years.
C. Ellis Act. The development is located on a lot on which the owner has exercised
rights under the Ellis Act (Government Code Sections 7060-7060.7) to withdraw
accommodations from rent or lease within fifteen (15) years before the date that
the development proponent submits an application.
d. Historic Resource. The development is located within a historic district or
property included on the State Historic Resources Inventory, as defined in
Section 5020.1 of the California Public Resources Code, or on a lot that is
designated or listed as a City landmark or historic property.
e. Environmental Resource or Hazard. As specified in more detail in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of
Government Code Section 65913.4. the development is located on a lot that is
any of the following:
i. Either prime farmland or farmland of statewide imaortance:
ii. Wetlands;
iii. Within a very high fire hazard severity zone, unless the development
is designed to comply with Section 9.04.380 (Requirements for
Wildland Urban Interface Fire Areas):
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Exhibit A
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iv.
A hazardous waste site, unless the lot has been appropriately
cleared for residential use;
V.
Within a delineated earthquake fault zone, unless the development
complies with applicable seismic protection building code standards;
vi.
Within a special flood hazard area as mapped by the most recent
adopted Flood Insurance Rate Plan, unless the development is
designed to comply with Chapter 15.50 (Floodplain Management);
vii.
Within a regulatory floodway;
viii.
Lands identified for conservation in an adopted natural resource
protection plan;
ix.
Lands that include habitat for protected species; and/or
X.
Lands subject to a conservation easement.
f. Coastal Zone. The property is located in the coastal zone, unless Title 21 (Local
Coastal Program Implementation Plan) is amended to allow for SIB 9 housing
developments and urban lot splits.
g. Additional
Exclusions for Urban Lot Splits. The review authority shall deny an
urban lot split
if any of the following conditions exist:
i.
The lot has been established through a prior urban lot split; or
ii.
The owner of the lot being subdivided or a person acting in concert
with the owner has previously subdivided an adjacent lot using an
urban lot split. For the purposes of this subsection, "acting in concert"
means pursuing a shared goal to subdivide adjacent lots pursuant to
an agreement or understanding, whether formal or informal.
4. Standards. Except
as modified below, an application for an SIB 9 housing development
or future development
on a lot created through an urban lot split shall conform to all
requirements of
the underlying R-A or R-1 zoning districts, planned community
standards, specific plan area, any applicable overlay district, and other applicable
objective development
standards of this title (Planning and Zoning), including but not
limited to height,
setback, site coverage, parking, floor area limit, and other applicable
requirements.
a. Setbacks.
i.
No increased setback is required for an existing legally established
structure or for a new dwelling unit that is constructed in the same
dimensions as an existing legally established structure, provided that
the new dwellina unit shall not be areater than 800 sauare feet.
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Exhibit A
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If it is demonstrated that a required minimum side or rear setback not
abutting an alley would physically preclude the development or
maintenance of at least two (2) 800-square-foot dwelling units on a
single lot, said setbacks may be reduced to the minimum degree
necessarv. In no case. however. shall the setbacks be reduced to
less than four U feet from a side or rear property line.
b. Parking. A minimum of one (1) garage parking space that meets the standards
set forth in Section 20.40.090 shall be provided for each additional SIB 9 housing
development or urban lot split unless the development is within:
One-half mile walking distance of a high -quality transit corridor, as
defined in subdivision (b) of Section 21155 of the Public Resources
Code:
One-half mile walking distance of a major transit stop, as defined in
Section 21064.3 of the Public Resources Code: or
iii. One block of a car -share vehicle. For purposes of this section, "car -
share vehicle" shall mean part of an established program intended
to remain in effect at a fixed location for at least ten (10) years and
available to the public.
C. Maximum Number of Units Allowed.
i. A maximum of two (2) dwellina units of anv kind may be built on a lot
d. Unit Size.
that results from an urban lot split. For purposes of this paragraph,
"unit" means any dwelling unit, including, but not limited to, a primary
unit, a unit created under this section, an accessory dwelling unit, or
a junior accessory dwelling unit.
A lot that is not created by an urban lot split may have a maximum of
four (4) units consisting of single -unit or two -unit dwelling, plus any
accessory dwelling unit and/or junior accessory dwelling unit allowed
in compliance with Section 20.48.200.
The dwelling unit shall not exceed eight hundred (800) square feet.
A dwelling unit that was legally constructed prior to the addition of a
second dwelling unit as part of an SIB 9 housing development that is
larger than those limits identified in (4)(d)(i) is limited to the existing
floor area at the time of the SIB 9 housing development approval.
Any expansion of the existing dwelling unit is prohibited.
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Exhibit A
e
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A dwellina unit that was leaallv constructed prior to the addition of a
second dwelling unit as part of an SB 9 housing development and
that is smaller than those limits identified in (4)(d)(i) may be
expanded up to those limits after, or as part of the SB 9 housing
development.
Building Height.
i. Each dwellina unit within the development shall not exceed one sto
Design.
and a height of sixteen (16) feet. A dwelling unit that was legally
established prior to the addition of a second dwelling unit as part of
a SB 9 housing development that exceeds one story or sixteen (16)
feet in height may be retained but shall not be increased beyond said
height.
Only in the event the existing site development conditions cannot
accommodate a second 800-square-foot dwelling unit designed
consistent with the standards of the section, an increased height limit
of two -stories and twenty-four (24) feet shall be permitted, subject to
the following:
1. No exterior stairwav to a second story shall be located on anv
front or side building frontage facing a street.
2. No exterior stairway to a second story shall be located in a
required front or side yard setback area, or a rear yard setback
area abutting an alley.
3. New second -story floor area shall be stepped back a minimum
of five (5) feet from the first story wall plane on all street facing
elevations.
4. Balconies are prohibited when facing interior side yards and
rear yards abutting neighboring property.
Each proposed dwelling unit shall match the existing dwelling unit in
materials, color and architectural style.
Roof decks are prohibited.
iii. The roof pitch/slope and roof style (e.g., hip, gable, mansard, dutch
gable, flat, etc.) of the proposed dwelling unit must be the same as
the existing dwelling.
Utility Connections. Each dwelling unit shall provide separate connections to
public utilities (or their equivalent), including water, electric, and sewer services.
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Exhibit A
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h. Short -Term Lodging. Any dwelling unit permitted pursuant to an SIB 9 housing
development or urban lot split shall not be rented for periods of less than thirty
30 days.
i. Nonconforming Conditions. All nonconforming structures, uses or parking on a
lot where an SIB 9 housing development is proposed shall be brought into
compliance with the development standards of this Zoning Code.
j. Owner -Occupancy. For SIB 9 housing developments not located on a lot
created by an urban lot split, a natural person with legal or equitable title to the
lot must reside in either the primary dwelling unit or the second SB 9 housing
development as the person's legal domicile and permanent residence.
k. No Separate Conveyance within a Resulting Lot. Dwelling units within a SIB 9
housing development may be rented, but no dwelling units, including accessory
dwelling units or junior accessory dwelling units, may be sold or otherwise
conveyed separately from the lot. Additionally, condominium airspace divisions
and common interest developments are not permitted within the lot and all fee
interest in a lot and all dwellina units on the lot must be held eauallv and
undivided by all individual property owners.
I. Affordability Restrictions. Excluding accessory dwelling units, the second
Primary unit within the SIB 9 housing development shall be restricted to
occupancy by very low- or low-income households for a 30-year period.
M. Findings for Denial of an SIB 9 Housing Development. Notwithstanding the
foregoing, the City may deny an application for an SIB 9 housing development
if the Director makes written finding(s), based upon a preponderance of the
evidence, that the development would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Government
Code Section 65589.5, upon the 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.
5. Additional Standards for Urban Lot Splits. In addition to the requirements set forth in
Title 19 (Subdivisions), an application for an urban lot split shall conform to all
reauirements of the underlvina R-A or R-1 zonina district or sinale-unit residential
property within a planned community or specific plan, and any applicable overlay
district including but not limited to objective design criteria related to lot dimensions,
subdivision design, and park dedications and fees.
a. Lot Design.
Minimum Lot Area. The urban lot split shall result in two (2) lots with
a minimum lot area of one thousand two hundred (1,200) square feet
each.
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Exhibit A
b. Lot Lines.
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Lot Area Proportionality. The urban lot split shall result in two (2) lots
of approximately equal lot area but in no case less than forty (40)
percent of the lot area of the oriainal lot.
Proposed lot lines shall be straight lines unless existing
improvements or the physical characteristics of the lot prohibit
straight lot lines.
Proposed interior lot lines not facing the street shall be at right angles
perpendicular to the street on straight streets, or radial to the street
on curved streets.
iii. Proposed lot lines shall not render an existing structure as
nonconforming in any respect (e.g., setbacks, open volume areas,
floor area limitations, parking, etc.), nor increase the nonconformity
of an existina nonconformina structure.
C. Access.
Each newlv created lot shall have access to. provide access to. or
adjoin a public right-of-way.
Arterials and Collector Roads. For lots that currently maintain access
from a local street, each newly created lot shall be designed such
that access to on -site Darkina spaces is provided from the local
street. Vehicular access from an arterial or collector road is
prohibited.
iii. Driveways. Driveways shall be designed and constructed in
accordance with City Design Criteria and Council Policy on driveway
approaches, except as modified below:
1. Shared Driveways. Each newly created lot shall be designed
such that access to on -site parking spaces is provided by a
shared driveway approach through the recordation of a
vehicular access easement across one (1) lot:
2. Exception to Shared Driveway Approach. When alley access
is provided to one (1) resulting new lot, separate access
through the side yard setback area of a corner lot is
permissible when access by the abuttina street would not
result in the loss of existing on -street parking spaces or
prevent the creation of new on -street parking spaces by the
closure of existing curb cuts. There shall be no new vehicular
access drivewav aaoroach throuah a reauired front setback
area.
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Exhibit A
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iv. Alley Access. Except as allowed by (5)(b)(iii)(2), for an existing lot
that abuts an alley, each newly created lot shall be designed such
that access to on -site parking spaces is accessed from the alley. The
recordation of a vehicular access easement across one (1) lot is
acceptable.
V. Vehicular Access Width.
1. Vehicular Access Easements. An easement providing a
vehicular access driveway measuring no less than twelve (12)
feet in width shall be provided.
2. Flap Lots. A narrow accessway portion of a flag lot shall
measure no less than eighteen (18) feet in width to
accommodate a driveway approach.
d. Easements. The owner shall provide easements to the Citv related to the
provision of public services and facilities as determined to be necessary by the
City.
e. Utilities and Drainage. Each lot must be served by a separate water service
meter and a separate sewer connection. In addition, each lot shall drain to the
street, alley, or public storm drain.
f. Limitation on Conditions of Approval. The City may not require dedication of
riahts-of-way. off -site improvements. or correction of nonconformina zonina
conditions as a condition of approval of a parcel map for an urban lot split.
g. Owner -Occupancy. The owner of the lot proposed for an urban lot split shall
comply with the requirements provided herein and sign an affidavit stating that
the owner intends to occupy one (1) of the housing units as their principal
residence for a minimum of three (3) years from the date of the final, recorded
parcel map for the urban lot split, unless the applicant 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.
h. Separate Conveyance of Resulting Lots.
i. Separate conveyance of the resulting lot is permitted.
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Exhibit A
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If dwellinas or other structures (such as aaraaes) 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, or if the two (2) lots share a driveway pursuant to subsection
(B)(5)(c)(iii)(1), appropriate covenants, easements or similar
documentation allocating legal and financial rights and
responsibilities between the owners of the two (2) lots ("CC&Rs") for
construction, reconstruction, use, maintenance, and improvement of
the attached structures and any related shared drive aisles, parking
areas, or other portions of the lot must be recorded before the City
will approve a final parcel map for the urban lot split. Notwithstanding
the provision of such CC&Rs, where attached structures and/or
related shared facilities span a lot line resulting from an urban lot
split, all owners of both lots shall be jointly and severally responsible
for the use and maintenance of such structures and/or shared
facilities in compliance with all provisions of this Code.
i. Park Dedication Fee. An in -lieu park dedication fee shall be paid in
compliance with Chapter 19.52 (Park Dedications and Fees) for each new
dwelling unit.
6. Deed Restriction and Recordation Required. Prior to the issuance of a building permit
for a dwelling within an SB 9 housing development or the recordation of a parcel map
for an urban lot split, the property owner shall record a deed restriction with the County
Recorder's Office, the form and content of which is satisfactory to the City Attorney.
The deed restriction document shall notify future owners of the applicable owner
occupancy requirements, affordability restrictions, prohibition on the separate
convevance. the approved size and attributes of the development. and restrictions on
short-term rentals.
Section 8: Footnote 3 of Table 5-1 (Review Authority) of Section 20.50.030
(Multiple Permit Applications) of Chapter 20.50 (Permit Application Filing and Processing)
of Title 20 (Planning and Zoning) of the NBMC is hereby amended to read as follows-
(3) The Director or Zoning Administrator may defer action and refer the request to the
Commission for consideration and final action..-, unless said zoning clearance is for the
ministerial approval of an SIB 9 housina development pursuant to Section 20.48.205 in
which case the Director is the final review authority.
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Exhibit A
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Section 9: Subsection (E) of Section 20.52.100 (Zoning Clearances) of Chapter
20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the NBMC is
hereby amended to read as follows:
E. Appeal to Commission. The Department's action on a zoning clearance request may
be appealed to the Commission in compliance with Chapter 20.64 (Appeals)..-, unless said
zoning clearance is for the ministerial approval of an SIB 9 housing development pursuant
to Section 20.48.205 in which case the Director is the final review authority.
Section 10: The following definitions are hereby added to the alphabetical list of
definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases)
of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning Code) of the NBMC to
read as follows:
"SB 9 Housing Development (Land Use)" means a residential development that contains
two (2) new dwelling units or proposes to add one (1) new dwelling unit on a lot designated
for single-family residential use with one (1) existing dwelling unit, pursuant to California
Government Code Section 65852.21 or anv successor statute.
"Urban Lot Splits (Land Use)" means the subdivision of an existing, legally subdivided lot
intended for single-family residential use to create one (1) new additional lot, pursuant to
California Government Code Section 66411.7 or anv successor statute.
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