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HomeMy WebLinkAboutOrdinance 391 SB -9, Regulating Two-Unit Residential Developments and Urban Lot Splits ORDINANCE NO. 391 AN ORDINANCE ADOPTING ARTICLE 15-57 OF THE CITY CODE REGULATING TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS The City Council of the City of Saratoga finds that: 1. 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 2. 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 3. The City General Plan contains policies and objectives supporting the creation of additional housing opportunities; and 4. 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 5. On June 22, 2022, the Planning Commission held a duly noticed public hearing and considered the draft Ordinance, supporting documents,the Staff Report,CEQA exemption, and all testimony and other evidence presented at the public hearing, and recommended that the City Council find that the proposed amendments to the City Code comply with the State legislation described above and are consistent with the City of Saratoga General Plan and that the City Council adopt the SB 9 Ordinance; 6. The City Council of the City of Saratoga held a duly noticed public hearing on July 6, 2022,and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. The City Council adopted this ordinance after a second reading was waived at a duly noticed public meeting on July 20, 2022. The City Council of the City of Saratoga does ordain as follows: Section 1. Adoption. The Saratoga City Code is hereby amended as set forth in Attachment A. Section 2. California Environmental Quality Act. Ordinance 391 Page 2 Pursuant to Gov. Code §§ 66411.7(n) and 65852.21(j), this action to adopt an ordinance to implement SB 9 is not a project under the California Environmental Quality Act ("CEQA") and is therefore not subject to CEQA's requirements. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,clause,and phrase of this ordinance is severable and independent of every other section, sub-section, sentence,clause, and phrase of this ordinance. If any section, sub-section,paragraph, sub-paragraph, sentence, clause, or phrase is held invalid,the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing, the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on July 6, 2022, and was adopted by the following vote on July 20, 2022. AYES: COUNCIL MEMBERS BERNALD, ZHAO, VICE MAYOR FITZSIMMONS, MAYOR WALIA NOES: COUNCIL MEMBER KUMAR ABSENT: NONE ABSTAIN: NONE SIGNED: ' . _ �U�� � d Tina Walia MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: ������� �..it��-'�� Date: 0 �� / ��-� Britt hvrit, MMC CITY CLERK APPROVED AS TO FORM: • � � �"' �- Z�l Z Z Date: Richard Taylor CITY ATTORNEY Ordinance 392 Page 3 Exhibit A—An Ordinance Adonting Article 15-57 of the Citv Code Regulating Two-Unit Residential Develonments and Urban Lot Splits Article 15-57—TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS 15-57.010—Purpose of article. The purpose of this Article 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 Article shall be considered ministerially, without discretionary review or a hearing. 15-57.020—Definitions. Terms used in this Article 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 that property is 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 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. Ordinance 391 Page 4 (6) "Urban Lot Sp1iY' 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 Article. (7) "Two-Unit Residential DevelopmenY' 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 Article. 15-57.030 —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: (a) Any parcel where the Two-Unit Residential Development or Urban Lot Split would require demolition or alteration of any of the following housing types: (1) 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. (2) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (3) Housing that has been occupied by a tenant within the last tl�ree years. (4) 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. (b) A parcel located within a historic district or including a 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. (c) A parcel of one or more of the types specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of those specifications to the City of Saratoga are the following: (1) 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. (2) 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 Ordinance 391 Page 5 adopted by the California Building Standards Commission under the California 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. (d) 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. 15-57.040—Development Standards. Development pursuant to this Article 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 Article may seek discretionary approval pursuant to the applicable provisions of the City Code. (a) Number and size of units. Dwelling units shall count toward the total maximum allowable floor area set by applicable zoning regulations. (1) The maximum allowable floor area, as defined in City Code section 15-06.280, for the two lots created by an Urban Lot Split shall be allowable floor area for the original lot prior to the Urban Lot Split.Each lot shall have a maximum allowable floor area that is 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. Where an existing structure uses more than the floor area that would be allocated to its lot under method(i),the other lot shall have an allowable floor area equal to the greater of (A) the difference between the maximum for the two lots and the actual floor area already used,or(B) 800 square feet per dwelling unit. When a lot is limited to 800 square feet per dwelling unit pursuant to this section, no dwelling unit shall be greater than 800 square feet of floor area. (2) The maximum allowable site coverage, as defined in Saratoga Municipal Code section 15-06.620(�, 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 two dwelling units of 800 square feet floor area each. (3) If application of the development standards of the City Code or this Article 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 Ordinance 391 Page 6 underlying zoning district in City Code section 15-12.080 and 15-13.080. 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. (4) A dwelling unit constructed as a part of Two-Unit Development or Urban Lot Split located partially or entirely within the side or rear setback area set out in the City Code shall have a maximum floor area of one thousand square feet. (5) Attached covered patios shall comply with the applicable setback requirements of the underlying zoning district. (b) 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 15-57.050(b) of this Article. (c) Maximum Height. No dwelling unit constructed pursuant to this Article 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. (1) 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. (d) 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. (e) Accessory Uses and Structures. All accessory uses and structures shall comply with the development regulations contained in Chapter 15 of the City Code. (� Decks. Roof decks are not permitted on any dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development . (g) 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(1). (h) 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: (1) 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. Ordinance 391 Page 7 (2) There is a designated parking area for one or more car share vehicles within one block of the parcel. (i) 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. (j) 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. (k) 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. (1) 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. (m) Adverse Impacts. An application under this Article 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. 15-57.050—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. (a) 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: (1) The parcel is located within a Single-Family Residential Zoning District. (2) 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. (3) Both newly created lots are no smaller than 1,200 square feet. (4) 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 Ordinance 391 Page 8 provide such an access agreement. (5) 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. (6) 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 Article "width" means "site width" as defined in City Code Section 15-06.620(d). (7) The parcel has not been established through prior exercise of an Urban Lot Split as provided for in this Article and Government Code section 66411.7. (8) 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 property or districts pursuant to a city or county ordinance. (9)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. (10)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. (11)The landowner provides all easements required for the provision of public services and facilities to the resulting lots. (b) 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. (c) 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 15-57.040 of this Article Development standards shall be applied to each new building individually. If application of the development standards of the City Code, including this Article, to an Urban Lot Split would have the effect of physically precluding the construction of two units on either of the resulting lots or that would result in a unit size of less than 800 square feet, the lots shall conform as closely as possible to those standards while allowing the construction of two dwelling units of 800 square feet floor area on each lot. Sections 15-57.050(a)(2) and (3) are not subject to this exception. (d) 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 Article. Ordinance 391 Page 9 (e) 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. (� 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. In the event that the applicant cannot sign such affidavit because the land to be subject to the Urban Lot Split is vacant or they occupy a unit on the land but intend to demolish that unit within three years, the applicant will qualify for ministerial approval as set out in this article by signing an alternative affidavit. The alternative affidavit shall state the reason for using this alternative affidavit and that the applicant (i) intends to initiate approval of at least one housing unit on the property within three years from the date of approval of the Urban Lot Split and (ii) intends to occupy one of the units so constructed as their principal residence for a minimum of three years from the issuance of the last Certificate of Occupancy for the residence to be occupied and any dwelling units for which the applicant simultaneously applies. No affidavit requirement shall 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. 15-57.060—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: (a) 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. (b) Provide a Tree Protection Security Deposit per City Code section 15-50.080. (c) Before issuance of any Certificate of Occupancy for any dwelling unit, plant new trees 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. 1506744.5