Chapter 19.30 — SB 9 HOUSING DEVELOPMENTS AND URBAN LOT SPLITS

The purpose of this section is to provide regulations for the creation of SB 9 housing developments and urban lot splits as required pursuant to California Government Code Sections 65852.21 and 66411.7, or any successor statute.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

SB 9 housing developments and urban lot splits shall be permitted in the R-20,000, R-10,000, R-8,400, R- 7,200, and R-6,000 zoning districts, as well as any portion of a specific plan area that permits the development of single-family residential dwelling units.

As used in this Chapter, "SB 9 housing developments" shall mean and refer to housing developments authorized pursuant to California Government Code Section 65852.21, and "SB 9 lot splits" or "urban lot splits" shall mean and refer to lot splits authorized pursuant to California Government Code Section 66411.7.

(b)

Notwithstanding subsection (a), an SB 9 housing development or urban lot split shall be prohibited if any of the following conditions exist:

(1)

The property does not conform to the development standards and requirements as provided in this section.

(2)

The development requires the demolition or alteration of any of the following types of housing:

a.

A dwelling unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to very low-, low-, or moderate-income households;

b.

A dwelling unit that is subject to any form of rent or price control; or

c.

A dwelling unit that has been occupied by a tenant in the last three years. The applicant and property owner of the development must provide a sworn statement confirming the prior occupancy of the dwelling unit for the last three years. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement; and the City may require additional evidence of the applicant and property owner as necessary to determine compliance with this requirement.

(3)

The development is located on a lot on which the owner has exercised rights under the Ellis Act (Government Code Sections 7060 through 7060.7) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(4)

The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or on a lot that is designated or listed as a City landmark or historic property.

(5)

The property is located in an environmental resource or hazard area, which includes:

a.

Either prime farmland or farmland of statewide importance;

b

Wetlands;

c.

Very high fire hazard severity zone;

d.

Hazardous waste site, unless the lot has been appropriately cleared for residential use;

e.

Delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards;

f.

Special flood hazard area as mapped by the most recent adopted Flood Insurance Rate Plan;

g.

Regulatory floodway;

h.

Lands identified for conservation in an adopted natural resource protection plan;

i.

Lands that include habitat for protected species; and/or

j.

Lands subject to a conservation easement.

(6)

Either of the following conditions exist:

a.

The lot has been established through a prior urban lot split; or

b.

The owner of the lot being subdivided or a person acting in concert with the owner has previously subdivided an adjacent lot using an urban lot split. For the purposes of this subsection, "acting in concert" means pursuing a shared goal to subdivide adjacent lots pursuant to an agreement or understanding, whether formal or informal.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

SB 9 Housing Developments. An application for an SB 9 housing development shall obtain zoning clearance prior to submittal to Plan Check.

(1)

Findings for Denial of an SB 9 Housing Development. Notwithstanding the foregoing, the City may deny an application for an SB 9 housing development if the Building Official makes written finding(s), based upon a preponderance of the evidence, that the development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(2)

An application for an SB 9 housing development shall be considered and approved or denied within 60 days from the date the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the City denies an application for a proposed SB9 housing development, the City shall, within the time period described in the preceding sentences of this paragraph, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(b)

Urban Lot Split. An application for an urban lot split shall obtain a parcel map shall be processed pursuant to Chapter 18.23.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

Except as modified below, an application for an SB 9 housing development or future development on a lot created through an urban lot split shall conform to all requirements of the underlying zoning district or specific plan area, including any applicable overlay district. In no case shall a development standard be imposed that would have the effect of physically precluding the construction of two units on either of the resulting parcels that would result in a dwelling unit size of less than 800 square feet. Where there is no other alternative to comply with this 800 square foot minimum, the development standard shall be reduced to the extent necessary to meet this 800 square foot minimum.

(a)

Side and Rear Setbacks. The side and rear setbacks shall be no less than four feet.

(b)

Existing Structure Setbacks. No increased setback is required for an existing legally established structure or for a new dwelling unit that is constructed in the same dimensions as an existing legally established structure.

(c)

Parking. A minimum of one-car enclosed garage shall be provided for each unit within the SB 9 housing development or urban lot split, except that no parking shall be required if any of the following apply:

(1)

The site is within one-half mile walking distance of a high-quality transit corridor;

(2)

The site is within one-half mile walking distance of a major transit stop; or

(3)

The site is within one block of a car-share vehicle.

(d)

Maximum Number of Units Allowed.

(1)

SB 9 Housing Developments. A maximum of two dwelling units may be provided.

(2)

Urban Lot Split. A maximum of two dwelling units may be provided on each lot that results from an urban lot split.

(3)

For purposes of this section, "dwelling unit" includes, but is not limited to, a primary dwelling, a unit created under this section, an accessory dwelling unit, or a junior accessory dwelling unit.

(e)

Building Height. Each dwelling unit within the development shall not exceed one story and a height of 16 feet. A dwelling unit that was legally established prior to the addition of a second dwelling unit as part of a SB 9 housing development that exceeds one story or 16 feet in height may be retained but shall not be increased beyond said height.

(f)

Design. The following design elements shall be included in all units developed pursuant to this chapter:

(1)

Each proposed dwelling unit shall match the existing dwelling unit in materials, color and architectural style.

(2)

Roof decks are prohibited.

(3)

The roof pitch/slope and roof style (e.g., hip, gable, mansard, Dutch gable, flat, etc.) of the proposed dwelling unit must be the same as the existing dwelling.

(g)

Utility Connections. Each dwelling unit shall provide separate connections to public utilities (or their equivalent), including water, electric, and sewer services.

(h)

Short-Term Rentals. Any dwelling unit permitted pursuant to an SB 9 housing development or urban lot split shall not be rented for periods of less than 31 days.

(i)

Nonconforming Conditions. All nonconforming structures, uses or parking on a lot where an SB 9 housing development is proposed shall be brought into compliance with the standards of this Zoning Code.

(j)

No Separate Conveyance. Dwelling units, including accessory dwelling units or junior accessory dwelling units, on the same lot may not be sold or otherwise conveyed separately from the lot. Additionally, condominium airspace divisions and common interest developments are not permitted within the lot and all fee interest in a lot and all dwelling units on the lot must be held equally and undivided by all individual property owners.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

In addition to the other requirements set forth in this chapter, the following development standards shall apply to urban lot splits:

(a)

Minimum Lot Area. The urban lot split shall result in two lots with a minimum lot area of 1,200 square feet each.

(b)

Lot Area Proportionality. The urban lot split shall result in two lots of approximately equal lot area but in no case less than 40 percent of the lot area of the original lot.

(c)

Access. Each newly created lot shall have and provide vehicle and utility access to the public right-of-way. Access may be provided through an easement.

(d)

Easements. The owner shall provide easements to the City related to the provision of public services and facilities as determined to be necessary by the City.

(e)

Utilities and Drainage. Each lot must be served by a separate water service meter and a separate sewer connection. In addition, each lot shall drain to the street, alley, or public storm drain.

(f)

Limitation on Conditions of Approval. The City may not require dedication of rights-of-way, off-site improvements, or correction of nonconforming zoning conditions as a condition of approval of a parcel map for an urban lot split.

(g)

Owner-Occupancy. The owner of the lot proposed for an urban lot split shall comply with the requirements provided herein and sign an affidavit stating that the owner intends to occupy one 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, unless the applicant is a community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

The provisions of this chapter shall sunset automatically without action of the City in the event California Government Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)