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Home My Public Portal About02) 4A_SB9_Staff Report_final w attachmentsCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: October 5, 2021 TO: The Honorable City Council and Planning Commission FROM: Bryan Cook, City Manager By: Scott Reimers, Community Development Director SUBJECT: SB-9 (ATKINS) - URBAN LOT SPLITS RECOMMENDATION: The City Council and Planning Commission are requested to review, receive, and discuss next steps in addressing changes in State Law. BACKGROUND: On September 16, 2021, Senate Bill 9 (SB-9), was signed into law by the Governor. ANALYSIS: SB-9 amended Section 66452.6 of, and added Sections 65852.21 and 66411.7 to, the California Government Code (Attachment “A”) to allow for urban lot splits. These changes will require local agencies to approve applications to subdivide single-family zoned lots into a maximum of two lots and to allow the construction of two units on each new lot. In others words, an R-1 zoned, single-family lot, could potentially have four units. The minimum size of a new lot is 1,200 square feet and lots must be at least 40 percent the size of the original lot. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are counted toward the maximum number of units. Certain sites are ineligible for urban lot splits, including those within historic sites, prime farmland or farmland of statewide importance, wetlands, very-high fire hazard severity zones, hazardous waste sites, earthquake fault zones, 100-year floodplains or floodway, land identified for conservation or subject to a conservation easement, and habitats for protected species. AGENDA ITEM 4.A. City Council and Planning Commission October 5, 2021 Page 2 of 5 The City can put into place objective zoning, design, and development standards, but these standards cannot preclude a property owner from building 800 square-foot units. The City cannot require more than a four-foot rear and side yard setback, even for two- or three-story buildings. Additionally, the City cannot require additional setbacks for existing structures. This includes instances where the structure is demolished and replaced by another structure of the same size and in the same location. The City cannot require more than one parking space per unit. If the proposed lot is within one-half mile of a “high-quality transit corridor” or a “major transit stop” or there is a car share vehicle within 1 block, then the City cannot require any onsite parking. See Attachment B for a map of high-quality transit corridors within Temple City. This City cannot apply subjective rules, such as design guidelines; the rules must be objective. They must be approved ministerially; no public hearing can be required. The City will likely need to create a non-discretionary lot split process. State law prohibits these urban lot splits from being used for short term rentals. The City is not required to approve an ADU or JADU in addition to the two duplexes. The structures can be attached. The owner must sign an affidavit that the owner will live on-site for three years. The City can prohibit further subdividing as an urban lot split. The same owner cannot subdivide an adjacent site. For additional information about SB-9, staff has prepared a summary sheet (Attachment C). Additionally, staff has prepared some sample site plans that show what could be approved under the State’s new rules, without any changes to the City’s ordinances (Attachment D). Options for City Initiatives: The State has left some options the City may explore to maintain community character the options below are possible directions staff could take if the Planning Commission and City Council express desire. Historic Preservation: The State has exempted lots that have historic designations from urban lot splits. To preserve community character, the City could initiate an historic preservation ordinance and survey. Historic preservation ordinances provide a range of regulations from very restrictive to less restrictive and can be developed on a neighborhood-by-neighborhood basis depending on the approval of the residents. Such a major policy shift would require significant public outreach. Impact Fees: Building new housing would place a greater impact on the city’s infrastructure needs. Impact fees ensure that new development pays for its fair share of City Council and Planning Commission October 5, 2021 Page 3 of 5 the burden it creates on existing facilities. The State has not exempted cities from charging impact fees on urban lot splits. Impact fees could not be focused on just urban lot splits but would need to be applied on all new residential units. Affordability Requirements: The State’s urban lot split rules do not include any regulations requiring the units to be set aside for affordable housing. To assist the City in meetings its share of the regional housing needs allocation (RHNA) the City could institute rules requiring units to be set aside for very low, low, or moderate-income families. Parking and Traffic: The State has not specified a minimum parking ratio. So, to reduce the impact of vehicular traffic in neighborhoods, the City could prohibit parking onsite and prohibit issuing annual or monthly overnight parking permits. This would prohibit a garage and driveway on the property and would preclude residents from parking a car on the street overnight. This would require future residents to walk, bicycle, use public transit, or take ride sharing services thus reducing future traffic impacts. This would also allow the urban lot split development to be built around a landscaped courtyard, such as a bungalow court, rather than a paved driveway. Environmental Impacts: A local jurisdiction that increases a zone’s density would need to perform an analysis under the California Environmental Quality Act (CEQA) to determine the proposed impacts on the environment. The State did not perform this study as the State legislature is exempt from CEQA. In addition, SB 9 imposes a ministerial process and are therefore exempt from CEQA. To minimize the impact on the environment, the City could require certain environmental development or design standards such as requiring new development to use water saving and power saving fixtures, including electric vehicle charging equipment, or even requiring LEED or Pearl Certification for new structures, that would serve to address environmental impacts that would previously be addressed through the CEQA process. New Development Standards: The State allows the City to create objective standards that specifically apply to urban lot splits. Staff can develop a set of standards to increase compatibility. Such a standards might include the following: lower building heights, open space, lot coverage, floor area ratio, maximum unit size, articulation requirements, front porch dimensions, building separation, and window and privacy requirements. State law states that any standards that preclude the creation of an 800 square-foot unit must be set aside. Staff could prepare a rule prioritizing the order in which development standards would be set aside to accommodate that type of 800 square-foot unit. Design Standards: The State will allow cities to set design requirements, but these requirements cannot be subjective, meaning they must be the type of requirement that is clear and plain, understood by every person the same way. Temple City has demonstrated a dedication to design in that it has had design guidelines in place for more than 20 years. The City can develop objective design standards to help these building be sensitive to community character. Staff can develop a list of allowed styles with City Council and Planning Commission October 5, 2021 Page 4 of 5 required design features and design standards (such as the appropriate pitch of the roof, window size, proportion of window to wall size, direction of window opening, muntin pattern, exterior building materials, type of window shutter, etc.) for each style. Adjust Existing Regulations: There are some existing regulations the City may want to revisit to keep the community’s single-family character. For instance, the City has some very large lots that could undergo a flag lot subdivision and then subsequently be subdivided into an urban lot split. This would change the lot from one that was a single- family lot into four lots with eight units. Next Steps: The changes to the California Government Code will go into effect on January 1, 2022. Getting an ordinance with standards unique to Temple City in place prior to January 1, 2022, will require an urgency ordinance. Smaller, focused changes to the code could possibly follow the process, below. However, processes such as adopting a historic preservation ordinance or instituting impact fees would take significantly longer to implement. Possible Dates: Action: November 9, 2021 Planning Commission public hearing of a proposed urban lot split ordinance December 7, 2021 City Council adopts an urgency ordinance for urban lot splits December 8, 2021 Adopted urgency ordinance would go into effect January 1, 2022 The State’s urban lot split rules go into effect. CITY STRATEGIC GOALS: Reviewing, receiving, and filing this report will further promote the City’s Strategic Goal of quality of life and sustainable infrastructure. The City Council and Planning Commission’s comments and direction will assist staff in drafting an ordinance that will cultivate a high quality of life and ensure sufficient and sustainable infrastructure. FISCAL IMPACT: This item does not have an impact on the Fiscal Year 2021-22 City Budget. ATTACHMENTS: A. SB-9, Atkins City Council and Planning Commission October 5, 2021 Page 5 of 5 B. Map of High-Quality Transit Corridors in Temple City C. Urban Lot Split Summary Sheet D. Possible Site Plans of Urban Lot Splits 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 ATTACHMENT A 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 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 — (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 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 — (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 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 — 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 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 — (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 (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 — 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 Ro s e m e a d B l v d . Sa n t a A n i t a A v e . High Quality Transit Area Temple City –High Quality Transit Area N ATTACHMENT B City of Temple City URBAN LOT SPLITS A Q U I C K R E F E R E N C E Page 1 of 2 ATTACHMENT C Senate Bill 9 (SB-9, Atkins) changed California Government Code Sections 6452.6, 65852.21, and 66411.7 to allow for urban lot splits. The following is summary of the law. For the full text of the change, click here. What it Allows: • One lot can be divided into a maximum of two lots • Lots must be at least 40 percent the size of the original lot • Minimum size of new lot is 1,200 square feet • Each lot can have two units • ADUs and JADUs are counted toward the maximum • Each unit can be at least 800 square feet Setbacks: • Rear and side setbacks can be as little as four feet • No additional setbacks for existing structures • No additional setbacks for structures replacing existing structures (new structure must be same size and location) Parking: • The City cannot require more than one parking space per unit • The City cannot require any parking if… o .5 mile walk to a “high quality transit corridor” o .5 mile walk of a “major transit stop” o Car share vehicle within 1 block Limitations on Demolition: • Must not demolish or alter: o Legally restricted affordable housing o Housing subject to rent control o Housing occupied by a tenant within the last three years • If the site has been rented in the last three years, cannot demolish more than 25 percent of the exterior walls Processing Requirements: • The City cannot apply subjective rules, such as design guidelines • Must be approved ministerially • No discretion can be used in reviewing applications • No hearing can be required Rights of Way & Easements: • Cannot require dedication of right of way • Cannot require construction of offsite improvements • City can require an easement to the public right of way CITY OF TEMPLE CITY PLANNING DIVISION URBAN LOT SPLITS - QUICK REFERENCE GUIDE Page 2 of 2 Other requirements: • Cannot be used for short term rentals • Not required to approve an ADU or JADU, as well • Structures can be attached • Owner must sign affidavit that owner will live on-site for 3 years • Cannot subdivide in the future as an urban lot subdivision • Same owner cannot subdivide an adjacent site • City must allow owner to keep non-conforming conditions (e.g. setbacks) Attachment D Possible Site Plans of Urban Lot Splits 1 1.A Site Plan 1.A Lot Dimensions 50’ x 200’ Lot Size 10,000 sq ft Driveway width 20’ Size of Units 850 sq ft Density 17 units/acre 50’ x 200’ wide lot Setbacks: 4’ rear and 4’ side 1-car garage 20’ driveway (may be required by LA County Fire) given the length of the lot Conclusion: 850 square foot units, if kept to 1-story 2 1.B Site Plan 1.B Lot Dimensions 50’ x 200’ Lot Size 10,000 sq ft Driveway width 15’ Size of Units 800 sq ft Density 17 units/acre The difference between 1.A and 1.B: •The driveway is reduced to 15 feet. •A maximum unit size was set at 800 square feet. Conclusion: The narrower driveaway and the maximum unit size creates room for building separation and a larger rear yard 3 2.A Site Plan 2.A Lot Dimensions 50’ x 150’ Lot Size 7,500 sq ft Driveway width 20’ Size of Units 1,400 sq ft Density 23 units/acre 50’ x 150’ wide lot. This is 50 feet shallower than site 1. Setbacks: 4’ rear and 4’ side 1-car garage 20’ driveway Conclusion: We would be required to allow 2 stories in order to get the minimum 800 square foot unit size At two stories and no other development standards we would see 1,400 sq ft units 4 2.B Site Plan 2.B Lot Dimensions 50’ x 150’ Lot Size 7,500 sq ft Driveway width 15’ Size of Units 1,500 sq ft Density 23 units/acre The difference between 2.A and 2.B: •The driveway is reduced from 20 feet to 15 feet. Conclusion: The narrower driveaway allowed for larger units of 1,500 square feet. 5 2.C Site Plan 2.C Lot Dimensions 50’ x 150’ Lot Size 7,500 sq ft Driveway width 15’ Size of Units 800 sq ft Density 23 units/acre The difference between 2.C and 2.B: •Here the 15-foot driveway was kept •An additional 4-foot step back was added to the second floor along the side yard •The size of the units was capped at 800 sq ft Conclusion: We see that capping the unit size allows for building separation and a larger rear setback. And, that other standards, such as second floor step backs can be instituted. 6 Site Plan 2.D Lot Dimensions 50’ x 150’ Lot Size 7,500 sq ft Driveway width None Size of Units 800 sq ft Density 23 units/acre 2.D In this version, no parking is required onsite. The driveway is replaced with open space to create a bungalow court 7 Site Plan 3.A Lot Dimensions 50’ x 100’ Lot Size 5,000 sq ft Driveway width 12’ Size of Units 800 sq ft Density 35 units/acre 3.A This is a small, 50’x100’ site. Two stories is required to meet the 800 square foot minimum. When built to all the minimum setbacks the living area is 800 square feet. If a larger driveway is required, then the building might need to be 3 stories. 8 Site Plan 4.A Lot Dimensions 90’ x 70’ Lot Size 6,300 sq ft Driveway width 12’ Size of Units 1,250 sq ft Density 28 units/acre 4.A This is a shallow and wide lot. With a narrow driveway, the units would be 1,250 square feet. 9 Site Plan 4.B Lot Dimensions 90’ x 70’ Lot Size 6,300 sq ft Driveway width 12’ Size of Units 800 sq ft Density 28 units/acre 4.B The difference between 4.A and 4.B is: •The rear setback has been increased to 12’. •The second floor has been step backed 4 feet from the side yard. 10