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Home My WebLink About06-22-2022 Planning Commission Special Meeting PacketSaratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION SPECIAL MEETING JUNE 22, 2022 7:00 P.M. - PLANNING COMMISSION SPECIAL MEETING This meeting will be entirely by teleconference and will be conducted in compliance with Government Code section 54953(e) of the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when state or local officials have imposed or recommended measures to promote social distancing. The public will not be able to participate in the meeting in person. During the meeting the Chair will explain the process for members of the public to be recognized to offer public comment. Members of the public view and participate in the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/88081936700 App (Webinar ID 880 8193 6700) and using the tool to raise their hand in the Zoom platform when directed by the Chair to speak on an agenda item; OR 2. Calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand to speak on an agenda item when directed by the Chair; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99) and calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand to speak on an agenda item when directed by the Chair; OR 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand to speak on an agenda item when directed by the Chair. Members of the public can send written comments to the Commission prior to the meeting by commenting online at www.saratoga.ca.us/pc prior to the start of the meeting. These emails will be provided to the members of the Commission and will become part of the official record of the meeting. ROLL CALL 1. APPROVAL OF MINUTES Action Minutes from the Planning Commission Meeting of June 8, 2022. Recommended Action: Approve Minutes of June 8, 2022 Planning Commission Meeting. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications. Saratoga Planning Commission Agenda – Page 2 of 2 REPORT ON APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. 2. PUBLIC HEARING 2.1 Application ZOA22-0001 – Zoning Code Amendment (CITY WIDE). An ordinance to amend the City of Saratoga Municipal Code to implement Senate Bill 9 by setting forth objective standards applicable to projects required to be processed for only ministerial review under Government Code sections 65852.1 or 66411.7 such as lot splits and two unit developments in single family zoning districts. Staff Contact: Victoria Banfield (408) 868- 1212 or vbanfield@saratoga.ca.us. Recommended Action: Adopt Resolution No. 22-014 recommending the City Council adopt an ordinance amending Chapter 15 - Zoning Regulations, of the Saratoga City Code. 3. DIRECTOR ITEMS 4. COMMISSION ITEMS 5. ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Frances Reed, Administrative Analyst for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for review on June 17, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 17th day of June 2022 at Saratoga, California. Frances Reed, Administrative Analyst. In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City staff in connection with this agenda, copies of materials distributed to the Planning Commission concurrently with the posting of the agenda, and materials distributed to the Planning Commission by staff after the posting of the agenda are available on the City Website at www.saratoga.ca.us or available at 13777 Fruitvale Avenue, Saratoga, CA 95070. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] Saratoga Planning Commission Draft Minutes – Page 1 of 2 DRAFT MINUTES WEDNESDAY JUNE 8, 2022 SARATOGA PLANNING COMMISSION REGULAR MEETING Chair Zheng called the virtual Regular Meeting to order at 7:00 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Chair and Community Development Director explained that the Planning Commission meeting was conducted pursuant to Government Code section 54953(e) of the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when state or local officials have imposed or recommended measures to promote social distancing. The Planning Commission met all the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Chair explained that votes would be taken through roll call. ROLL CALL PRESENT: Chair Herman Zheng, Vice Chair Clinton Brownley, Commissioners Sunil Ahuja, Jojo Choi, Anjali Kausar, Ping Li and Razi Mohiuddin ABSENT: None ALSO PRESENT: Debbie Pedro, Community Development Director Victoria Banfield, Associate Planner 1. APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of May 11, 2022. Recommended Action: Approve Minutes of Regular Planning Commission Meeting of May 11, 2022. AHUJA/MOHIUDDIN MOVED TO APPROVE THE MINUTES OF THE MAY 11, 2022 MEETING. MOTION PASSED. AYES: AHUJA, BROWNLEY, CHOI, KAUSAR, LI, MOHIUDDIN, ZHENG. NOES: NONE. ABSENT: NONE ABSTAIN: NONE. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS: NONE REPORT ON APPEAL RIGHTS 2. PUBLIC HEARING Vice Chair Brownley recused himself from this item. 2.1 Application PDR21-0027/ARB21-0098; 20436 Sea Gull Way (386-53-002); Ankush Gupta – The applicant is requesting Design Review approval for a new 2,880 square foot two- story single-family home (maximum height 26 feet) with a 435 square foot basement and an attached 796 square foot accessory dwelling unit. No protected trees are proposed for removal. The site is zoned R-1-10,000 with a General Plan Designation of Medium Density Residential (M-10). Staff Contact: Victoria Banfield (408) 868-1212 or vbanfield@saratoga.ca.us. Recommendation Adopt Resolution No. 22-013 approving the project subject to conditions of approval included in Attachment 1. 3 Saratoga Planning Commission Draft Minutes – Page 2 of 2 KAUSAR/AHUJA MOVED TO APPROVE THE RESOLUTION NO. 22-013. MOTION PASSED. AYES: AHUJA, CHOI, KAUSAR, LI, MOHIUDDIN, ZHENG. NOES: NONE. ABSENT: NONE ABSTAIN: NONE. RECUSED: BROWNLEY Commissioner Brownley returned to the panel. 3. NEW BUSINESS 3.1 Draft 2023-2031 Housing Element KAUSAR/ZHENG MOVED TO RECOMMEND THAT THE CITY COUNCIL ACCEPT THE PROPOSED DRAFT 2023-2031 HOUSING ELEMENT WITH ADDITIONAL INFORMATION ON FIRE HAZARDS. MOTION PASSED. AYES: AHUJA, BROWNLEY, CHOI, KAUSAR, LI, MOHIUDDIN, ZHENG. NOES: NONE. ABSENT: NONE ABSTAIN: NONE. 4. DIRECTOR ITEMS – Director Pedro announced that there was a new date added for the Community Harvest and advanced registration is required. 5. COMMISSION ITEMS – Chair Zheng reminded the Commission that there will be a special meeting held on Wednesday June 22, 2022 at 7 PM. 6. ADJOURNMENT Commissioner Kausar moved to adjourn the meeting at 7:56 PM. Minutes respectfully submitted: Frances Reed, Administrative Analyst City of Saratoga 4 REPORT TO THE PLANNING COMMISSION Meeting Date: June 22, 2022 Application: SB 9 Ordinance / ZOA22-0001 Address/APN: City Wide Owner / Applicant: City of Saratoga From: Debbie Pedro, Community Development Director Report Prepared By: Victoria Banfield, Associate Planner STAFF RECOMMENDATION Adopt Resolution No. 22-014 recommending the City Council adopt an ordinance amending Chapter 15-Zoning Regulations, of the Saratoga City Code. BACKGROUND On December 15, 2021, the City Council adopted an Urgency Ordinance to implement Senate Bill No. 9 to govern those applciations until such time as a formal Zoning Code amendment could be adopted. Legislative Changes On September 16, 2021, Senate Bill (SB) 9 was signed into law by Governor Newsom, taking effect on January 1, 2022. SB 9 allows all properties within a “single-family residential zone” to be developed with two units and be subdivided into two parcels, irrespective of local development standards. There are two new types of development that must be reviewed ministerially under SB 9: • Two Unit Development – Allows a single-family residential parcel to be developed with two primary dwelling units instead of just one, including an Accessory Dwelling Unit (ADU) and a Junior Accessory Dwelling Unit (JADU), for a total of four dwelling units. • Urban Lot Split – Allows a single-family residential parcel to be subdivided into two parcels and for each parcel to be developed with two primary dwelling units. Local jurisdictions are not required to approved ADU’s or JADU’s on lots created by an Urban Lot Split. SB 9 does allow a local jurisdiction to impose objective zoning, design, and subdivision standards, but is prohibited from applying any standard(s) that would preclude the construction of two units of less than 800 square feet on any single-family zoned property. 5 Report to the Planning Commission SB 9 Regulation- Application # ZOA22-0001 June 22, 2022 Page | 2 Page 2 of 5 No setbacks are required for an existing structure or for new construction in the same location and having the same dimensions as an existing structure. Additionally, a local jurisdiction is also precluded from applying side or rear setbacks greater than four feet or requiring onsite parking for properties within one-half mile walking distance of either a high-quality transit corridor1 or a major bus stop2, or within one-block of a car share vehicle 3. 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 (1) would have a specific, adverse impact upon public health and safety or the physical environment; and (2) there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. DISCUSSION Objective Standards and Regulations While SB 9 precludes discretionary review of qualifying projects on single family zoned property, the statute expressly authorizes a local jurisdiction to impose objective standards to the extent they do not reduce the development allowed under SB 9. The intent of the proposed Ordinance is to allow additional units that must be approved under SB 9 within the building envelope allowed by existing zoning, except in cases where SB 9 requires a moderately larger building envelope through the reduction of setback standards. In addition, the proposed Ordinance includes objective development standards that will allow staff to impose conditions to address neighborhood and community concerns (e.g., privacy) that would otherwise be addressed through a discretionary permitting process. A summary of significant provisions of the proposed Ordinance is provided in the following paragraphs: 1. Ministerial approval of a Two-Unit Development. SB9 allows a local agency to impose objective standards on qualifying housing development projects so long as they do not conflict with the requirements of the statute, including minimum unit size and maximum rear and side setback requirements. a. Setbacks. Setbacks of the underlying zoning district are required for both the front and exterior (street side yard). Pursuant to SB 9, the City can require a minimum building setback of no less than four feet from the interior side and rear property lines. Attached covered patios shall comply with the applicable setback requirements of the underlying zoning district. b. Unit Size and Allowable Floor Area. Since SB 9 allows two units of 800 square feet, the proposed Ordinance allows a minimum of 800 square foot units. The maximum allowable 1 A transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. 2 A ‘ transit stop’ at the intersection of two or more major bus routes with a frequency of service interval or 15 minutes or less during the morning and afternoon peak commute periods. 3 A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. 6 Report to the Planning Commission SB 9 Regulation- Application # ZOA22-0001 June 22, 2022 Page | 3 Page 3 of 5 floor area for each lot created by an Urban Lot Split shall be the larger of (i) the result of multiplying the allowable floor area for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) 800 square feet per dwelling unit, whichever is greater. A proposed unit located within the side or rear setback area of the underlying zoning district shall be limited to a maximum floor area of 1,000 square feet, similar to the ADU regulations. c. Building Height. Dwelling units are limited to one story and a height of 18 feet. Dwelling units shall not exceed a height of 16 feet when located within the side or rear setback area of the underlying zoning district, consistent with the ADU regulations. A two-story dwelling unit on a proposed SB 9 lot that complies with the standard setbacks applicable to the underlying zoning district would require approval of a Design Review application by the Planning Commission. d. Decks. To address potential privacy impact of new development with reduced setbacks, rooftop decks are not permitted. e. Accessory Structures. The proposed Ordinance allows residential units to have setbacks of no less than four feet as rquired by SB 9, but this does not apply to accessory structures such as swimming pools, outdoor kitchens, sheds, HVAC mechanical equipment, and generators. All accessory structures shall comply with the development standards contained in Article 15-80 of the City Code. f. Parking. SB 9 does not allow a local jurisdiction to require more than one parking space per unit. The proposed Ordinance requires that the parking space be located in an enclosed garage of a size that accommodates a one car parking space as required by the City’s current parking regulations. Also, if the applicant were to propose any additional parking spaces, they must meet the City’s requirements related to parking stall size and configuration. g. Access. Each lot resulting from the Urban Lot Split shall adjoin the public right-of-way via a minimum 20 foot street frontage or recorded access easement, which is the minimum frontage width the City requires for flag lots. Additionally, parcels with an existing street frontage of less than 80 feet shall have only a single driveway curb cut providing access to both lots created by an Urban Lot Split via a 20 foot wide access easement. The City currently allows no more than one driveway approach for each 40 feet of lot frontage for any lot intended to be developed for single-family or two-family use. h. Review and Permitting Process. An application for a SB 9 project is a ministerial process that would subject to the City’s Technical Review process to ensure compliance with the required objective standards, including a review of all existing and proposed structures comprising the proposed housing development. Technical Review approval would be required prior to submittal of applications for building permits for the individual structures. 7 Report to the Planning Commission SB 9 Regulation- Application # ZOA22-0001 June 22, 2022 Page | 4 Page 4 of 5 2. Ministerial approval of an Urban Lot Split SB 9 requires that lots resulting from an urban lot split subject to SB 9 requirements be roughly equal in size (no more than 60% or less than 40% of the original lot size) and the resulting lots to be no less than 1,200 square feet. a. Urban lot splits would be processed similar to a Parcel Map however, since urban lot splits are ministerial, no public hearing would be required nor appeals allowed due to limitations of state law. Urban lot splits would be reviewed by the Planning Department, Fire Department, and Public Works Department. To ensure orderly development of SB 9 projects, applications for urban lot splits would be submitted concurrently with the Technical Review application for the new structures. b. A new parcel created by an Urban Lot Split shall not be less than 50 percent of the width of the original parcel. c. The lot split must comply with applicable objective requirements of the Subdivision Map Act but cannot require dedication of land or off-site improvements such as sidewalks, curb, and gutter improvements as a condition of approval of the subdivision. d. An applicant for an Urban Lot Split will be required to sign and record 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. In the last six months, the City has received urban lot split applications for nine different properties, two of which consist of vacant lots. These property owners are facing difficulty meeting the owner occupancy requirement, as there will be no habitable structure on the site at the time of approval of the urban lot split application, thus preventing approval of the urban lot split under the standards in SB 9. The Planning Commission may choose to recommend an amendment to the proposed ordinance to allow the owner occupancy affidavit take effect three years from the construction of a new housing unit on the site, whichever occurs sooner. 3. Accessory Dwelling Units Existing State law and the City's ADU Ordinance allow for ADUs in association with single- family dwellings or duplex structures. In conformance with SB 9, the proposed ordinance allows for ADUs in conjunction with SB 9 projects as follows: a. Two Unit Development (No Lot Split) - One ADU and JADU are allowed in addition to the two primary dwellings allowed by SB 9, for a total of four units. b. Urban Lot Splits – SB 9 provides that the City may restrict the number of units – inclusive of primary dwellings, ADUs, and JADUs – to no more than two units on parcels created from an urban lot split. Consistent with SB 9, the proposed ordinance restricts the total number of allowable units resulting from an urban lot split to four units (two on each parcel). 8 Report to the Planning Commission SB 9 Regulation- Application # ZOA22-0001 June 22, 2022 Page | 5 Page 5 of 5 NOTICING Pursuant to Section 15-85.050 of the Saratoga City Code, a legal advertisement of the public hearing was published in the Saratoga News on June 10, 2022. PUBLIC COMMENTS The City received a public comment letter (Attachement 3) requesting the City allow ministerial approval of two-story development on SB 9 lots in order to minimize building footprints. ENVIRONMENTAL DETERMINATION An ordinance adopted to implement SB 9 shall not be considered a project under CEQA and is therefore statutorily exempt - Gov. Code § 66411.7(n) and 65852.21(j). ATTACHMENTS Attachment 1 – Resolution No. 22-014 Attachment 1A – Ordinance Attachment 2 – Senate Bill 9 Text Attachment 3 – Public Comment 9 RESOLUTION NO: 22-014 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 15 OF THE SARATOGA CITY CODE APPLICATION ZOA22-0001 The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: WHEREAS, on September 16, 2021 the State Legislature adopted SB 9, requiring cities and counties to apply uniform state standards to applications for two-unit development and urban lot splits or to modify local ordinances in accordance with new requirements; and WHEREAS, the State Legislature passed SB 9 amending Section 66452.6 of, and adding Sections 65852.21 and 66411.7 to, the California Government Code. This bill, which became effective on January 1, 2022, is aimed at promoting additional housing as a partial solution to the State’s housing crisis; and WHEREAS, the City General Plan contains policies and objectives supporting the creation of additional housing opportunities; and WHEREAS, The City desires to make further amendments to update its City Code to assure compliance with recent State legislation by considering and adopting this comprehensive Ordinance; and WHEREAS, on June 22, 2022, the Planning Commission held a duly noticed public hearing regarding the proposed Ordinance; and WHEREAS, the proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 66411.7(n) and 65852.21(j) of the California Government Code. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby recommends the following to the City Council: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The legislation described in the recitals is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 66411.7(n) and 65852.21(j) of the California Government Code. Section 3: After careful consideration of the staff report and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning 10 Resolution No. 22-014 2 Commission of the City of Saratoga does hereby recommend to the City Council to amend the City Code as shown in Exhibit A. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of June 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Herman Zheng Chair, Planning Commission Attachment: Exhibit A – Proposed Ordinance 11 Exhibit A A. Purpose. The purpose of this ordinance is to regulate Urban Lot Splits and Two-Unit Residential Developments in compliance with California Government Code Sections 66452.6, 65852.21, and 66411.7 to allow for ministerial approval of certain parcel maps creating two lots and of projects including up to two detached or attached housing units on one parcel along with ancillary uses and structures. Eligible applications under this ordinance shall be considered ministerially, without discretionary review or a hearing. B. Applicability. A Two-Unit Residential Development or Urban Lot Split may be located on parcels within all Single-Family Residential Zoning Districts with the following exceptions: 1. Any parcel where the Two-Unit Residential Development or Urban Lot Split would require demolition or alteration of any of the following housing types: 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 within the last three years. d. 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. 2. The development is not located within a historic district or property included on the State’s Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or districts pursuant to a city or county ordinance. 3. A parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of those requirements to the City of Saratoga are the following: a. A Two-Unit Residential Development or Urban Lot Split may not be located on any parcel within a very high fire hazard severity zone, as determined the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on the maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the City pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. b. A Two-Unit Residential Development or Urban Lot Split may not be located on any parcel located within a delineated earthquake fault zone as determined by the State Geologist in any official map published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California 12 2 Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the City of Saratoga Building Department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. 4. A proposed Two-Unit Residential Development that allows the demolition of more than 25 percent of the existing exterior structural walls, unless the Two-Unit Residential Development is on a site that has not been occupied by a tenant in the last three years. C. Development Standards. Development pursuant to this ordinance. shall comply with the following development standards and all applicable objective standards of the City Code, except as otherwise expressly provided for in this section. A project proposed as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split, which does not meet the requirements of this Ordinance may seek discretionary approval pursuant to the applicable provisions of the City Code. 1. Number and size of units. Dwelling units shall count toward the total maximum allowable floor area set by applicable zoning regulations. a. The maximum allowable floor area, as defined in City Code section 15-06.280, for each lot created by an Urban Lot Split shall be the larger of (i) the result of multiplying the allowable floor area for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) 800 square feet per dwelling unit, whichever is greater. When method (ii) is used, no dwelling unit shall be greater than 800 square feet of floor area. b. The maximum allowable site coverage, as defined in Saratoga Municipal Code section 16.06.020(f), for each lot created by an Urban Lot Split shall be the larger of (i) the result of multiplying the allowable site coverage for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) the area required to construct. When method (ii) is used, no dwelling unit shall be greater than 800 square feet of floor area. c. If application of the development standards of the City Code or this ordinance to a Two-Unit Development would preclude construction of dwellings with a combined floor area equal to the floor area allowed for a dwelling by the underlying zoning district by City Code section 15-12.085, then the Two-Unit Residential Development may exceed the maximum site coverage allowed for the underlying zoning district in City Code section 15-12.080. Such exceedance shall be limited to the minimum site coverage required to construct dwellings with the allowed floor area. For purposes of this paragraph the “site” for the purpose of calculating site coverage shall be the lot on which the Two-Unit Residential Development is to be constructed or as depicted in a site plan, including one of the lots resulting from an Urban Lot Split. d. A dwelling unit constructed as a part of Two-Unit Development or Urban Lot Split located partially or entirely within a side or rear setback area shall have a maximum floor area of one thousand square feet. 13 3 e. Attached covered patios shall comply with the applicable setback requirements of the underlying zoning district. 2. Accessory Dwelling Units. In addition to the two residential units allowed under this section, per City Code Section 15-56.020, one accessory dwelling unit and one junior accessory dwelling unit shall be allowed on any one lot, except as provided in Section D.2 of this ordinance. 3. Maximum Height. No dwelling unit constructed pursuant to this ordinance as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split shall exceed one story and a height of eighteen feet, except as otherwise expressly provided for in this section. a. A proposed dwelling unit which is located within either the required side or rear setback area as set by the underlying zoning district shall not exceed a height of sixteen feet. 4. Side and Rear Setbacks. No dwelling unit shall have an interior side or rear setback of less than four feet. Notwithstanding, 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. 5. Accessory Uses and Structures. All accessory uses and structures shall comply with the development regulations contained in Chapter 15 of the City Code. 6. Decks. Roof decks are not permitted on any dwelling unit constructed pursuant to this ordinance as part of a Two-Unit Residential Development . 7. Heating, ventilation and air conditioning (HVAC) mechanical equipment and generators. No HVAC mechanical equipment or generators shall be allowed in any required front, side or rear setback area of the underlying zoning district. HVAC mechanical equipment and generators shall comply with the development regulations contained in 15-80.030(l). 8. Off-Street Parking. One off-street parking space within an enclosed garage shall be required per unit, with the exception that no off-street parking shall be required if any of the following apply: a. The parcel is located within one-half mile walking distances or either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) of the , or a major transit stop, as defined in Public Resources Code Section 21064.3. b. There is a designated parking area for one or more car share vehicles within one block of the parcel. 9. Rental. No dwelling unit constructed as a part of Two-Unit Development or Urban Lot Split shall be rented for a period of less than 30 days. 10. Septic System. For any Two-Unit Residential Development that will be connected to an onsite septic system, the applicant must provide a percolation test showing compliance with applicable public health and safety standards and completed within the last five years, or, if the percolation test has been recertified, within the last ten years. 14 4 11. Adjacent or Connected Units. Proposed adjacent or connected dwelling units shall meet all applicable building code standards and be designed sufficient to allow separate conveyance. An Urban Lot Split may separate an existing accessory unit from its primary unit only if each unit meets all building code and other applicable requirements. 13. Dedications. As to an Urban Lot Split, no provision of the City Code shall apply that requires dedication of right-of-way or the construction of offsite improvements for the lots being created, although easements may be required for the provision of public services and facilities to the resulting lots. 14. Adverse Impacts. An application under this ordinance may be denied if the Chief Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), 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. D. Urban Lot Splits. A parcel map for an Urban Lot Split shall be allowed subject to ministerial review if the parcel map for the lot split meets all of the requirements in this section. 1. Parcel Map. A parcel map for an Urban Lot Split shall be allowed with ministerial approval if the parcel map for the lot split meets all of the following requirements: a. The parcel is located within a Single-Family Residential Zoning District. b. 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. c. Both newly created lots are no smaller than 1,200 square feet. d. Each lot resulting from the Urban Lot Split adjoins the public right-of-way via a 20 foot street frontage or have access to the public right-of-way via a recorded 20 foot wide access easement benefiting the lot; if necessary to allow one lot resulting from an Urban Lot Split to meet this requirement, the other lot shall provide such an access agreement. e. Urban Lot Splits dividing a parcel with an existing street frontage of less than 80 feet provides only a single driveway curb cut providing access to both lots created by an Urban Lot Split, via a 20 foot wide access easement as needed. e. The Urban Lot Split does not result in a new lot with a width that is less than 50 percent of the width of the original parcel. For purposes of this ordinance “width” means “site width” as defined in City Code Section 15-06.620(d). f. The parcel has not been established through prior exercise of an Urban Lot Split as provided for in this ordinance and Government Code section 66411.7. g. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic 15 5 property or districts pursuant to a city or county ordinance. h. 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. i. The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act [Division 2 (commencing with Government Code Section 664100)] and the City Code, except as otherwise expressly provided for in this section. j. The landowner provides all easements required for the provision of public services and facilities to the resulting lots. 2. Number of Units. No more than two dwelling units shall be allowed on any parcel created by the use of an Urban Lot Split. For purposes of this provision, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 3. Development Standards. Residential uses are the only allowed uses of a lot created by an Urban Lot Split. Development standards for residential development on each new lot resulting from an Urban Lot Split shall conform to Section C of this ordinance. Development standards shall be applied to each new building individually. 4. Accessory Dwelling Units. Notwithstanding Government Code Section 65852.2 or 65852.22, Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on any lot resulting from an Urban Lot Split on which a Two-Unit Residential Development has been approved under this ordinance. 5. Nonconforming Zoning Conditions. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a parcel map application for the creation of an Urban Lot Split. 6. Residency Requirement. An applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the housing units on the resulting lots as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) , or is a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15. E. Tree Protection. The applicant for any Urban Lot Split project or Two-Unit Development that would remove, damage, prune, or encroach upon a protected tree as defined in City Code section 15-50.050 shall: 1. Provide an Arborist Report and Tree Preservation plan as described in City Code sections 15-50.130 and 140 as part of the application materials. 2. Provide a Tree Protection Security Deposit per City Code section 15-50.080. 3. Before issuance of any Certificate of Occupancy for any dwelling unit, plant new trees 16 6 equal to the value of removed trees in accordance with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal. F. Definitions. Terms used in this ordinance have the meanings set forth below: 1. A person “acting in concert with the owner,” means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. As used here, “Common ownership or control” means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property. 2. “Adjacent parcel” means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant 3. “Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. 4. “Sufficient for separate conveyance,” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually. 5. “Single-Family Residential Zoning District” means the R-1, HR, and R-OS zoning districts as defined in Chapter 15 of the City Code, as well as any area covered by the P-C (Planned Combined District) for which single-family residences are the only dwelling units allowed, and which does not allow two-family residences or multifamily residences. 6. “Urban Lot Split” means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this ordinance. 7. “Two-Unit Residential Development” means a development that proposes no more than two new dwelling units or proposes to add one new dwelling unit to one existing dwelling unit that meets all the criteria and standards set forth in this ordinance. 17 Senate Bill No. 9 CHAPTER 162 An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] legislative counsel’s digest SB 9, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL 18 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 —2 — Ch. 162 19 This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. The people of the State of California do enact as follows: SECTION 1. Section 65852.21 is added to the Government Code, to read: 65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 Ch. 162—3 — 20 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. (2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 —4 — Ch. 162 21 no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply: (1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (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: 94 Ch. 162—5 — 22 (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 —6 — Ch. 162 23 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94 Ch. 162—7 — 24 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. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (m) For purposes of this section, both of the following shall apply: (1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 —8 — Ch. 162 25 considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. SEC. 3. Section 66452.6 of the Government Code is amended to read: 66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. 94 Ch. 162—9 — 26 (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay.The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. 94 —10 — Ch. 162 27 (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 XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162—11 — 28 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 XIIIB of the California Constitution. O 94 —12 — Ch. 162 29 Planning Commission Comments Form Your Name Martin Yu Phone Number Email Address Comments Dear council members, planning commissioners, and director of community development, Defending our city from irresponsible development is becoming increasingly challenging nowadays. On December 15, 2021, the City Council adopted an urgency ordinance to implement SB 9, which became effective on January 1, 2022. During that council meeting, many residents raised concerns on the ordinance. We are happy to see that SB 9 ordinance is, finally, on Planning Commission's work plan now. SB 9 have brought up many discussions among residents of Saratoga. The residents of Saratoga, though viewing issues from different angles, have one thing in common: we want our city to be protected from irresponsible development. We want to protect our neighborhood, our environment, and to maintain our small town characters. But what exactly we want to protect? Many of us moved to Saratoga for its nicer neighborhood. When you drive from Cupertino, or from San Jose, to Saratoga, you would notice an obvious change in neighborhood: the bigger distance between houses and more trees. What contributes to bigger distance between houses and more trees? The answer is the land unoccupied by structures. Let's call this unoccupied land as Green Land. It's this Green Land makes our neighborhood stand out, at least from development point of view. Protecting our Green Land is one of the most important aspect of protecting our neighborhood. We would ask you, our council members, planning commissioners, and director of community development, to keep the Green Land protection in your mind when implement SB-9 or when draft any new ordinance. For any new plan, new policy, and new ordinance, please make every effort to save our Green Land. 30 As long as SB 9 ordinance is concerned, we, a group of Saratoga residents, are strongly against the idea of limiting second unit to one story structure. In specific, the Ordinance No. 385, SECTION 1, C, 3, Maximum Height clause clearly derails our effort for Green Land protection. "No dwelling unit shall exceed one story" simply forces residents to build their second unit on currently-unoccupied land and to reduce our valuable Green Land for every single second unit. This is wrong. Instead, we should encourage our residents to build the second unit on top of their existing structure if applicable, or to build the second unit as two story structure if desirable, to keep the footprint of structure to minimum. When a resident apply for second unit, the green land protection and impact to neighbors should be balanced. For example, the preference could be given in this order: 1. build second unit on top of current main structure; 2. build second unit close to current main structure as a two story building; 3. build second unit close to current main structure as one story building; 4. build second unit close to fence as one story building; 5. build second unit close to fence as two story building. We appreciate your hard work to serve our city and to protect neighborhood. We believe, together, we can do better. Thanks, Martin Yu A Saratoga Resident A member of Saratoga Resident Association 31 CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Debbie Pedro, Community Development Director Date: June 22, 2022 Subject: ZOA22-0001 – Zoning Code Amendment - Supplemental Attachment No. 1 Please see attached emailed public comment received after the packet was published. 32 From:Debbie Pedro To:Victoria Banfield Cc:Frances Reed Subject:FW: Comments on proposed SB-9 Zoning Code Amendment Date:Tuesday, June 21, 2022 9:22:09 AM From: Bill Dalton Sent: Monday, June 20, 2022 3:01 PM To: Debbie Pedro <dpedro@saratoga.ca.us> Cc: Bill Dalton >; Kookie Fitzsimmons <kookie@saratoga.ca.us>; Mary- Lynne Bernald <mlbernald@saratoga.ca.us>; Rishi Kumar <rkumar@saratoga.ca.us>; Tina Walia <twalia@saratoga.ca.us>; Yan Zhao <yzhao@saratoga.ca.us>; James Lindsay <jlindsay@saratoga.ca.us>; Britt Avrit <bavrit@saratoga.ca.us> Subject: Comments on proposed SB-9 Zoning Code Amendment CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Planning Commissioners, Please consider the following changes to the proposed ordinance: 1) Section C-8 Off-Street Parking I suggest that for each unit there shall be off-street parking spaces equal to the number of bedrooms plus one. At least one parking space must be within an enclosed garage. I suggest this change because a) many garages are used for storage and many families have two or more cars. 2) D-6 Residency Requirement I suggest the 3 year residency requirement be from the date of the Certificate of Occupancy for the second unit and NOT the date of the approval of the Urban Lot Split. We all know it takes a year or more to build a house. The ordinance as proposed means the requirement is in reality less than 2 years. Two additional comments: 33 1) The ordinance should address any current per lot assessments after lot splits such as Landscape and Lighting District assessments. 2) I support the one story restriction. I am willing to give up some "green land" (Martin Yu's term) to discourage lot splits. Thank you, Bill Dalton 34 CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Debbie Pedro, Community Development Director Date: June 22, 2022 Subject: ZOA22-0001 – Zoning Code Amendment - Supplemental Attachment No. 2 Please see attached emailed public comment received after the packet was published. 35 Frances Reed From:noreply@civicplus.com Sent:Wednesday, June 22, 2022 3:45 PM To:Sunil Ahuja; Clinton Brownley; Anjali Kausar; Razi Mohiuddin; Herman Zheng; Jonathan Choi; Ping Li; Debbie Pedro; Britt Avrit; Frances Reed Subject:Online Form Submittal: Planning Commission Comments Form CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Planning Commission Comments Form Your Name Martin Yu Phone Number Email Address Comments Just saw newly proposed SB9 ordinance. Would like to comment on following items: 1. C 1, "what is the total maximum allowable floor area"? Primary + ADU + JADU? 2. C 1 d, the second unit is the second "primary" unit. To be reasonable and fair, the maximum floor area for second unit should be proportional, for example, 30% , 40%, or 50%, to the maximum floor area for that zoning, otherwise, we will create substandard housing unit in a specific zone. 3. C 3, please clarify what "dwelling unit constructed" stands for. If the proposed application is to add a second unit on top of existing one floor structure, is this second unit only considered as "dwelling unit constructed"? or the whole structure is considered as "dwelling unit constructed"? If the answer is the first, the second unit on second floor needs stairwell to access, the room for stairwell has to be two stories. If the answer is the later, the ordinance would violate state SB9. SB9 section 1 (g) says"... 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". A second unit on top of existing one floor structure is a "connected" structure. Thank for your consideration. Martin Yu Email not displaying correctly? View it in your browser. 36 6/29/2022 1 Planning Commission Meeting – June 22, 2022 SB 9 Ordinance Senate Bill (SB) 9 took effect on January 1, 2022, requiring ministerial approval of: Two Unit Development – Allows a single‐family residential parcel to be developed with two primary dwelling units instead of just one, plus an Accessory Dwelling Unit (ADU) and a Junior Accessory Dwelling Unit (JADU), for a total of four dwelling units. Urban Lot Split – Allows a single‐family residential parcel to be subdivided into two parcels and for each parcel to be developed with two dwelling units, for a total of four dwelling units. Background 1 2 37 6/29/2022 2 Which parcels are affected by SB 9: Qualifying Criteria All single‐family residential zoned properties within urbanized areas, EXCEPT: •Environmentally sensitive areas and environmental hazard areas (if specific mitigations are not possible) •Historic properties and districts •Properties where the Ellis Act was used to evict tenants in the last 15 years. •Sites that would include demolition of dwelling units if these units had been rental units or deed restricted rental units within the previous 3 years Approvals must be based only on objective standards and cannot preclude construction of 2 dwelling units of < 800 sf Objective Standards •1,200 SF minimum lot size •New parcel width at least 50 percent of the width of the original parcel •One story and no taller than 18 feet •Rear and side setbacks of no less than 4 feet •No setbacks required for existing structures or structure constructed in the same location and to the same dimensions as an existing structure •Roof decks are not permitted •One off‐street parking space within an enclosed garage (unless exempted by proximity to transit) •All accessory uses and structures shall comply with existing development regulations •Short term rentals (less then 30 days) are not allowed Interim SB 9 Ordinance (December 15, 2021) 3 4 38 6/29/2022 3 Floor Area •The maximum allowable floor area for each lot shall be directly proportional to the percentage of the size of the original lot. •A proposed unit located within the side or rear setback area of the underlying zoning district shall be limited to a maximum floor area of 1,000 square feet (similar to the ADU regulations) Proposed SB 9 Ordinance Setbacks and Height •Rear and side setbacks of no less than 4 feet allowed for dwelling units •Dwelling units shall not exceed a height of 16 feet when located within the side or rear setback area of the underlying zoning district (similar to the ADU regulations) •HVAC mechanical equipment, generators, and attached patio covers shall comply with standard setbacks of the underlying zoning district •A two‐story dwelling unit on a proposed SB 9 lot that complies with the standard setbacks applicable to the underlying zoning district would require approval of a Design Review application by the Planning Commission Proposed SB 9 Ordinance 5 6 39 6/29/2022 4 Lot Design •Each lot resulting from the Urban Lot Split shall adjoin the public right‐of‐ way via a minimum 20‐foot street frontage or recorded access easement, which is the minimum frontage width the City requires for flag lots. •Parcels with an existing street frontage of less than 80 feet shall have only a single driveway curb cut providing access to both lots created by an Urban Lot Split via a 20‐foot‐wide access easement. Proposed SB 9 Ordinance Occupancy Affidavit •An applicant for an Urban Lot Split will be required to sign and record 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. •The Planning Commission may choose to recommend an amendment to the proposed ordinance to also allow the owner occupancy affidavit take effect three years from the construction of a new housing unit on the site. Proposed SB 9 Ordinance 7 8 40 6/29/2022 5 Example Scenarios – Interim SB 9 Ordinance R‐1‐40,000 Zoning District Before Urban Lot Split After Urban Lot Split (50/50) Example Scenarios ‐ Proposed R‐1‐40,000 Zoning District Before Urban Lot Split After Urban Lot Split (50/50) After Urban Lot Split (50/50) (keeping existing home) 800 sf House 9 10 41 6/29/2022 6 Example Scenarios ‐ Proposed R‐1‐10,000 Zoning District After Urban Lot Split (40/60) (must allow two 800 sf units) 800 sf House 800 sf House •New Lots < 5,000 sq.ft. Recommendation Adopt Resolution No. 22‐014 recommending the City Council adopt an ordinance amending Chapter 15‐Zoning Regulations, of the Saratoga City Code. 11 12 42 6/29/2022 7 Example Scenarios R‐1‐10,000 Zoning District Before Urban Lot Split After Urban Lot Split (50/50) After Urban Lot Split (40/60) (must allow two 800 sf units) 800 sf House 800 sf House 13 14 43 6/29/2022 8 Area within one‐half mile of a high‐quality transit corridor 15 44