Chapter 17.71 — SB 9 URBAN LOT SPLIT AND UNIT DEVELOPMENT

The purpose of this chapter is to establish procedures and standards for reviewing urban lot split and unit development projects proposed under the provisions of Senate Bill 9 (SB 9), as set forth in California Government Code §§ 65852.21 and 66411.7. (Ord. 2025-01 § 2 (part), 2025)

The regulations and standards contained in this chapter shall apply to projects proposing to use the provisions of SB 9 to create a unit, urban lot split, or both, and shall be in addition to any other applicable development standards and regulations contained elsewhere within Title 17 Zoning Code. Projects proposed under SB 9 shall meet eligibility criteria established in this chapter, consistent with California Government Code §§ 65852.21 and 66411.7. This chapter does not apply to construction of accessory dwelling units and junior accessory dwelling units under Chapter 17.70. (Ord. 2025-01 § 2 (part), 2025)

For the purposes of this chapter, the following definitions apply to projects proposing an urban lot split or unit development under the provisions of SB 9.

• A. Single-Family Residential Zoning District. Single family residential zoning districts, for the purposes of this chapter, include Low Density Residential (LDR) and Suburban Residential (R-1).

• B. Unit Development. The development of a primary dwelling unit, subject to the standards and requirements of this chapter.

• C. Urban Lot Split. A subdivision of one parcel located in a single family residential zoning district into two (2) parcels, subject to the standards and requirements of this chapter.

D. High-quality Transit Corridor. As defined in subdivision (b) of Section 21155 of the California Public Resources Code, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours.

E. Major Transit Stop. As defined in Section 21064.3 of the California Public Resources Code, a major transit stop means a site that contains any of the following: (a) an existing rail or bus rapid transit station; (b) a ferry terminal served by either a bus or rail transit service; or (c) the intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

F. Specific, Adverse Impact. As defined in Section 65589.5(d)(2), specific, adverse impact means a significant quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:

1. Inconsistency with the zoning ordinance or general plan land use designation.

2. The eligibility to claim a welfare exemption under subdivision (q) of Section 214 of the Revenue and Taxation Code. (Ord. 2025-01 § 2 (part), 2025)

A. General Criteria. Projects for a proposed urban lot split or unit development are required to meet the general eligibility criteria provided below:

1. Single Family Residential Zoning District. The parcel must be located in a single family residential zoning district.

2. Not Withdrawn from Rental. The property is not a parcel where the owner had withdrawn accommodations from rent or lease (as a residential hotel), under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1, within the last fifteen (15) years.

3. Not Historic. The property is not listed as a historic property or in a historic district under local or state register of historic resources.

• B. Urban Lot Split Criteria. Projects for a proposed urban lot split are required to meet additional eligibility criteria provided below:

1. Previous Urban Lot Split Limitations. An urban lot split may be conducted only where all of the following applies:

• a. The parcel has not been established through a prior SB 9 urban lot split.

b. Neither the owner nor any person acting in concert with the owner has subdivided an adjacent parcel through a prior SB 9 urban lot split.

2. Limitations on demolition or alteration of certain existing housing:

• a. No demolition or alteration of housing with a recorded affordability restriction.

• b. No demolition or alteration of housing under rent or price control.

• c. No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.

• C. Unit Development Criteria. Projects for a proposed unit development are required to meet additional eligibility criteria provided below:

1. Floor Area. Units shall be consistent with maximum unit sizes established under this chapter.

2. Limitations on demolition or alteration of certain existing housing:

• a. No 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.

• b. No demolition or alteration of housing under rent or price control.

• c. No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.

• D. Locational Limitation Criteria. Projects shall not be located on a site that is any of the following, consistent with California Government Code Section 65913.4(a)(6)(B) to 65913.4(a)(6)(K):

1. Prime Farmland or Farmland of Statewide Importance. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2. Wetlands. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3. Very High Fire Hazard Severity Zone. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the California Public Resources Code.

a. This does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the California Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the California Public Resources Code; (iii) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).

4. Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless either of the following apply:

a. The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the California Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.

b. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the California Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.

5. Earthquake Fault Zone. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps 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 Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

ogist, unless the development complies with applicable seismic protection building code standards 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 any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

6. Flood Hazard Zone. Within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this division if either of the following are met:

a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with

Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

7. Floodway. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this division and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement standard, or action adopted by that local government that is applicable to that site.

8. Conservation Land. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

n Land. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

9. Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10. Conservation Easement Lands under a conservation easement. (Ord. 2025-01 § 2 (part), 2025)

A. Application Approval Consideration.

1. Applications for urban lot splits and unit development meeting the standards and requirements of this chapter shall be ministerially approved without public hearings or discretionary review.

2. Applications under this chapter shall be approved or denied within sixty (60) days from the date the Planning Division receives a completed application, consistent with the provisions of California Government Code Section 65852.21 and 66411.7.

a. If an application is denied, the Planning Division shall provide the applicant a full set of written comments 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 Application. The applicant shall submit an application for a proposed urban lot split to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this chapter and the Subdivision Map Act (commencing with California Government Code Section 66410). An application that meets the standards and requirements under this chapter and all applicable objective requirements of the Subdivision Map Act shall be approved ministerially. Notwithstanding anything in this Code to the contrary, such approval shall be granted by the City Engineer, and shall not require approval from the Planning Commission or City Council.

C. Unit Development Application. The applicant shall submit an application for the design of a proposed unit to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this chapter. An application that meets the standards and requirements under this chapter shall be approved ministerially by the Zoning Administrator.

D. Tree Removal in Conjunction with Applications. The removal of any protected tree in conjunction with construction proposed under the provisions of this chapter shall require a tree removal permit notwithstanding the requirements of Chapter 17.96 Tree Removal, a tree removal permit application shall be processed ministerially at the staff level and concurrently with an application proposed under this chapter. (Ord. 2025-01 § 2 (part), 2025)

A. General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two (2) units of at least eight hundred (800) square feet on the parcel(s).

• B. Total Lots. An urban lot split conducted under the provision of this chapter shall result in no more than two (2) lots.

• C. Total Units per Lot. No more than two (2) total units, inclusive of primary dwelling units. accessory dwelling units, and junior accessory dwelling units, may be located on each parcel created through the urban lot split.

• D. Lot Sizes.

1. Each parcel shall be a minimum of one thousand two hundred (1,200) square feet.

2. A parcel may be no smaller than forty percent (40%) of the original parcel size and no larger than sixty percent (60%) of the original parcel size.

• E. Setbacks.

1. Each parcel shall allow for minimum side and rear setbacks that are minimum four (4) feet. Parcels with a front lot line shall provide for a front setback that is a minimum of twenty (20) feet. except as otherwise allowed per Chapter 17.56 Yard and Setback Regulations.

2. No setback required for an existing structure or a structure constructed in the same location with the same dimensions.

• F. Access to Streets and Services.

1. Parcels created through the urban lot split shall have access to, provide access to, or adjoin the public right-of-way.

• a. Access shall meet objective design standards for circulation, pedestrian and vehicular access, or driveways, as may be applicable.

2. Project may be required to establish easements if required by the city for the provision of public services and facilities, as provided under California Government Code Section 66411.7(e).

• G. Parking.

1. A minimum of one off-street parking space shall be required per unit, except for the following:

• a. The parcel is located within a half mile of a high-quality transit corridor or major transit stop; or

• b. The parcel is located within one block of a car share vehicle.

2. Parking may be provided in any configuration on the parcel, including in the driveway, provided the project complies with the following requirements:

• a. Parking design and dimensions are consistent with the standards under Chapter 17.48 Parking and Loading Requirements.

• b. Parking does not obstruct pedestrian or vehicular access to other units and parking spaces.

• H. Ongoing Requirements.

1. Residential Use. Primary uses on lots created through an urban lot split under this chapter are limited to residential uses.

2. Occupancy. The property owner must intend to occupy one of the units as their principal residence for a minimum of three (3) years from the date of urban lot split approval. Except, such occupancy is not required for community land trusts or qualified nonprofit corporations. as provided by California Government Code Section 66411.7.

a. As part of the application, the owner shall submit a signed affidavit stating that they intend to occupy one of the housing units on the site as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.

3. No Short-Term Rentals. Rental of any units created through SB 9 are required to be for terms longer than thirty (30) days. (Ord. 2025-01 § 2 (part), 2025)

• A. General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this chapter.

• B. Total Units.

1. Up to two (2) primary units per parcel may be created through the provisions of this chapter. Additionally, a project may not result in more than two (2) primary units per parcel.

• C. Setbacks.

1. Front setback. On a parcel with a front lot line separating the lot from a street, the front setback shall be a minimum of twenty (20) feet or as otherwise allowed per Chapter 17.56 Yard and Setback Regulations, unless such setbacks would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.

2. Side setback. The side setback shall be a minimum of four (4) feet.

3. Rear setback. The rear setback shall be a minimum of four (4) feet.

4. Setbacks from Other Structures. The minimum distance between structures on the same parcel shall be six (6) feet, unless this would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.

5. Existing Structure Setback Exceptions. 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. Parking.

1. A minimum of one off-street parking space shall be required per unit, except no minimum parking shall be required for the following:

• a. The parcel is located within one-half mile walking distance of a high-quality transit corridor or major transit stop; or

• b. The parcel is located within one block of a car share vehicle.

2. Parking may be provided in any configuration on the parcel. including in the driveway, provided the project complies with the following requirements:

• a. Parking design and dimensions are consistent with the standards under Chapter 17.48 Parking and Loading Requirements.

• b. Parking does not obstruct pedestrian or vehicular access to other units and parking spaces.

• F. Ongoing Requirements.

1. No Short-Term Rentals. Rental of units created through SB 9 are required to be for terms longer than thirty (30) days.

G. Objective Design Standards. Projects shall be consistent with the development standards of the zoning district applicable to the site, except as provided under this chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two (2) units of at least eight hundred (800) square feet on the parcel(s). (Ord. 2025-01 § 2 (part), 2025)

Prior to building permit final, all property owners of record shall sign and record a Declaration of Restrictions with the County Recorder in a form satisfactory to the Zoning Administrator consenting to the operations and requirements described in this chapter and as otherwise permitted by state law. An urban lot split or unit development shall be found to be in non-compliance with the Zoning Code if the city finds the Declaration of Restrictions has been breached. (Ord. 2025-01 § 2 (part), 2025)

If any portion of this chapter conflicts with applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state law. (Ord. 2025-01 § 2 (part), 2025)