HomeMy WebLinkAboutCD Ministerial Review of Two-Unit Residential Developments and Urban Lot Splits Pursuant to Senate Bill 9 (SB 9)____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: December 20, 2021
Disposition: Resolution 15015
Agenda Item No: 6.b
Meeting Date: December 20, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: COMMUNITY DEVELOPMENT
Prepared by: Alicia Giudice, AICP, Director
Jeff Ballantine, Senior Planner
City Manager Approval: ______________
TOPIC: MINISTERIAL REVIEW OF TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN
LOT SPLITS PURSUANT TO SENATE BILL 9
SUBJECT: A RESOLUTION DIRECTING STAFF TO PREPARE AN INTERIM GUIDANCE
DOCUMENT ESTABLISHING STANDARDS AND REVIEW PROCEDURES FOR
MINISTERIAL REVIEW OF TWO-UNIT RESIDENTIAL DEVELOPMENTS AND
URBAN LOT SPLITS TO IMPLEMENT SB 9 - THE CALIFORNIA HOME ACT; AND
DIRECTING THE PREPARATION OF AN SB 9 IMPLEMENTING ORDINANCE
RECOMMENDATIONS:
Adopt a resolution directing staff to prepare an interim guidance document establishing standards and
review procedures for ministerial review of two-unit residential developments and urban lot splits.
BACKGROUND:
On September 16, 2021, Governor Newsom signed Senate Bill 9 (SB 9) into law which will take effect
January 1, 2022. This bill requires cities and counties to ministerially approve housing development
projects containing no more than two residential units and new lot splits (urban lot splits) that meet certain
criteria established under SB 9. The result is that, pursuant to the law, if a lot split is followed by the
construction of two units on each lot, four units could be built on what was previously a single-family
residential parcel. Pursuant to the regulations adopted by SB 9, local agencies may only apply existing
or newly adopted objective development standards (i.e. objective zoning, design review, and subdivision
standards) to these types of projects. However, such standards may not have the effect of physically
precluding the construction of up to two units that are at least 800 square feet in floor area with four foot
side and rear yard setbacks, on each of the existing or newly created lots.
The City’s Municipal Code currently contains objective standards in Chapter 14 (Zoning) and Chapter 15
(Subdivisions) that are currently applied to residential projects and/or lot splits and can continue to be
applied to these types of projects. Staff recommends developing an interim SB 9 guidance document;
the interim guidance document will identify existing, objective standards that apply to SB 9 urban
duplexes and urban lot splits. The interim guidance document will also invoke those standards reserved
by SB 9 to City discretion and establish review procedures that would be in effect in the event the City
receives an application for a housing development or lot split pursuant to SB 9 any time after January 1,
2022.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
DISCUSSION AND ANALYSIS
SB 9 mandates that cities ministerially approve the construction of up to two residential units and urban
lot splits that meet certain State standards and objective City standards (i.e. objective zoning, design
review and subdivision standards). However, such standards may not have the effect of physically
precluding the construction of up to two units that are at least 800 square feet in floor area with four foot
side and rear yard setbacks within each existing lot or on any lot created pursuant to SB 9. The State’s
adopted criteria along with a description of standards that are left to the City’s discretion are provided
below.
Eligibility Requirements for Ministerial Review of up to Two Units
Regulations Established by SB 9 Legislation. SB 9 requires that 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 project site is in a single family residential zoning district
2. The proposed housing development would not require demolition or alteration of existing housing
that:
a. 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. Is subject to any form of rent or price control through a public entity’s valid exercise of its
police power.
c. Has been occupied by a tenant in the last three years.
3. The proposed housing development would not result in the demolition of more than 25 percent of
the existing exterior structural walls unless the site has not been occupied by a tenant in the last
three years.
4. The development is not on a parcel on which the owner has withdrawn it from renting or leasing
under Section 7060 of the Government Code (Ellis Act) within 15 years preceding the
development application.
5. The project site is not a historic landmark, or located within a state or local historic district.
6. The development is not located in specified designated areas, including:
A high fire hazard severity zone, farmland, wetland, hazardous waste site (according to listing on
the Cortese list), flood hazard area as determined by FEMA maps, lands within conservation
plans, lands under conservation easement, or lands designated as habitat protection areas for
species identified in the California Endangered Species Act (CESA) and the U.S. Endangered
Species Act (ESA). In addition, State law prohibits the rental of any unit created under SB 9 for a
term less than 30 days
Standards Reserved to City Discretion. SB 9 reserves to local agencies the authority to impose
objective development standards and regulations. The San Rafael Municipal Code (“SRMC”)
currently contains objective development standards embedded in Chapter 14 (Zoning) and
Chapter 15 (Subdivision) and the City is able to apply those standards to urban duplexes. The
City may also require off-street parking of up to one (1) space per unit unless the parcel is located
within:
a. one-half mile walking distance of a high-quality transit corridor,
b. one-half mile walking distance of a major transit stop, or one block of a car share vehicle.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Finally, the City may adopt additional objective standards that specifically apply to SB urban duplexes
and urban lot splits. For example, the City could adopt additional, more restrictive development standards
related to height, setbacks, or lot coverage limits. However, as mentioned above, the City may not impose
any existing or proposed development standards that preclude the following:
1. A development consisting of two attached or detached primary dwelling units, each no more than
eight hundred (800) square feet in size with side and rear setbacks of four feet.
2. Conversion of an existing structure or reconstruction of any structure constructed in the same
location and to the same dimensions as an existing structure.
Eligibility Requirements for Urban Lot Splits
Regulations Established by SB 9 legislation. Similar to review limits established for development projects
of up to two units, SB 9 requires that jurisdictions must ministerially approve, without discretionary review
or hearing, a parcel map for an urban lot split. Such projects are eligible for ministerial review only if
these projects comply with the following requirements:
1. The parcel subdivision would create no more than two new parcels of approximately equal lot
area and the smaller parcel shall be not less than forty (40) percent of the lot area proposed for
subdivision.
2. Each parcel would have a minimum size of 1,200 square feet, unless authorized by ordinance.
3. The parcel being subdivided is located within a single-family residential zoning district and would
not result in the demolition or alteration of the following types of housing units:
a. Housing unit 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 unit that is subject to any form of rent or price control through a public entity’s valid
exercise of its police power.
c. Housing units that have been occupied by a tenant in the last three years.
d. Housing units that are located on a parcel on which the owner has withdrawn it from
renting or leasing under Section 7060 of the Government Code within 15 years preceding
the development application (i.e., an exit of the rental housing business pursuant to the
Ellis Act);
4. The Site is not a historic landmark, or located within a historic district (state or local)
5. The development is not located in specified designated areas, including a high fire hazard severity
zone, farmland, wetland, hazardous waste site (according to listing on the Cortese list), flood
hazard area as determined by FEMA maps, lands within conservation plans, lands under
conservation easement, or lands designated as habitat protection areas for species identified in
the California Endangered Species Act (CESA) and the U.S. Endangered Species Act (ESA).
6. The parcel has not been established through a prior exercise of an urban lot split authorized by
SB 9.
7. Neither the parcel owner nor any person acting in concert with the owner has previously exercised
an urban lot split under SB 9 on an adjacent parcel.
8. SB 9 requires the City to approve an urban lot split only if it conforms to all applicable objective
requirements of the Subdivision Map Act, except as otherwise provided in SB 9. In addition, SB
9 requires that the City require an applicant for an urban lot split to sign an affidavit stating that
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
the applicant intends to occupy one of the housing units as their principal residence for a minimum
of three years from the date of the approval of the urban lot split. However, no such affidavit is
required of a community land trust or qualified nonprofit.
9. No dwelling unit that exists on a lot that was created by an urban lot split is permitted to be rented
for a period shorter than 30 days.
Standards Reserved to City Discretion. Development proposed on lots created by an urban lot split
subdivision shall comply with all objective development standards applicable to the parcel based on the
underlying zoning district. SRMC Chapter 14 (Zoning) and Chapter 15 (Subdivisions) are currently used
for review of lot splits, including requirements to facilitate access and provision of public service and
facilities to all parcels. The City would continue to use objective standards in these Chapters for review
of urban lot splits. The City may also require additional objective provisions and standards that have
been reserved to the City’s discretion, including:
1. Requirements to facilitate access and provision of public service and facilities to all parcels. These
types of requirements are already included in Chapter 15 of the SRMC.
2. Setback requirements of up to four feet from the side and rear lot lines, except that no setback
can be required for an existing structure or a structure constructed in the same location and to
the same dimensions as an existing structure. The proposed resolution includes these setback
requirements reserved to the City.
3. Off-street parking of up to one (1) space per unit unless the parcel is located within: one-half mile
walking distance of a high-quality transit corridor, one-half mile walking distance of a major transit
stop, or one block of a car share vehicle. The proposed resolution includes these parking
requirements which have been reserved to the City’s discretion.
4. The City may limit the number of units (including primary dwelling units, accessory dwelling units,
and/or junior accessory dwelling units) allowed on parcels that have taken advantage of both the
urban lot split and the two unit development provisions under SB 9. The proposed resolution
includes this limitation. However, the staff will study whether there is value to allowing additional
ADUs/JADUs on certain parcels as part of a future update.
Regardless of the above items that have been left to City discretion, the City cannot impose standards
that would physically preclude the construction of two (2) units on either of the resulting parcels or that
would result in a unit size of less than eight hundred (800) square feet. In addition, the City is prohibited
from requiring dedications of rights-of-way or the construction of offsite improvements and shall not
require the correction of nonconforming zoning conditions as part of any approval for these types of
projects.
Cause for Denial of Projects proposed pursuant to SB 9 (urban lot splits and development of up
to 2 units)
Whether or not the City has adopted additional regulations related to SB 9 projects, the City may deny a
proposed housing development or urban lot split proposed pursuant to SB 9 if the building official makes
a written finding, based on a preponderance of the evidence, that the proposed project would have a
specific, adverse impact, upon health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the adverse impact. This provision has been added to
the proposed resolution.
Next Steps
With the Council’s direction, CDD staff will prepare an interim guidance document that identifies existing,
applicable objective standards, invokes those standards reserved by SB 9 to City discretion, and
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
establishes review procedures for SB 9 projects. This interim guidance document will be finalized by
January 1, 2022. In addition, CDD staff will work with other departments, explore opportunities for
establishment of additional standards and begin drafting an ordinance that will be brought back for City
Council consideration at an early future date. Staff is requesting input from the City Council on whether
there is a desire to consider incorporating additional development standards specific to SB 9 projects,
which may not already be contained in the City’s Municipal Code.
ENVIRONMENTAL DETERMINATION:
Pursuant to Government Code sections 65852.21(j) and 66411.7(n), adoption of the proposed Resolution
is not a project under the California Environmental Quality Act and no CEQA review is required.
FISCAL IMPACT:
There is no direct fiscal impact to the City in connection with the action requested in this report.
OPTIONS:
The City Council has the following options:
• Adopt the Resolution (staff recommended);
• Adopt the Resolution with edits and additions;
• Continue the matter for additional information and further review; or
• Reject the Resolution
RECOMMENDED ACTION:
Adopt a resolution adopting and directing staff to prepare interim guidance and establishing application
criteria and standards for Senate Bill 9 projects.
ATTACHMENTS:
1. Resolution Directing Staff to Prepare an Interim Guidance Document Establishing Standards
and Review Procedures for Ministerial Review of Two-Unit Residential Developments and
Urban Lot Splits to Implement SB 9 —The California Home Act; and Directing the Preparation of
an SB 9 Implementing Ordinance
2. Senate Bill 9
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SR #4874-3180-0325 v1
RESOLUTION NO. 15015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DIRECTING STAFF TO PREPARE AN INTERIM GUIDANCE DOCUMENT
ESTABLISHING STANDARDS AND REVIEW PROCEDURES FOR MINISTERIAL
REVIEW OF TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT
SPLITS TO IMPLEMENT SB 9 - THE CALIFORNIA HOME ACT; AND
DIRECTING THE PREPARATION OF AN SB 9 IMPLEMENTING ORDINANCE
WHEREAS, Senate Bill 9 (Atkins) (“SB 9”), entitled the California Home Act, was
signed into law by the Governor on September 19, 2021 and becomes effective on
January 1, 2022; and
WHEREAS, SB 9 amends Government Code Section 66452.6, and adds two new
Government Code Sections 65852.1 and 66411.7; and
WHEREAS, SB 9 requires cities and counties, including charter cities, to provide
for the ministerial approval of a housing development containing two residential units of
at least 800 square feet in floor area (“duplex”) and a parcel map dividing one existing lot
into two equal parts (“lot split”) within a single-family residential zone for residential use;
and
WHEREAS, SB 9 eliminates discretionary review and public oversight of proposed
subdivisions of one lot into two parcels by removing public notice and hearings by the
Planning Commission, by requiring administrative review of the project, and by providing
ministerial approval of a lot split; and
WHEREAS, SB 9 exempts projects authorized thereunder from environmental
review pursuant to the California Environmental Quality Act (CEQA), by establishing a
ministerial review process without discretionary review or a public hearing; and
WHEREAS, SB 9 further stipulates that a city or county cannot require an urban
duplex project to comply with any standard that would prevent two units of at least 800
square feet each from being built on each resultant lot, and prohibits a local agency from
imposing regulations that require dedications of rights-of way or the construction of offsite
and onsite improvements for parcels created through a lot split; and
WHEREAS, in addition to various constraints on SB 9 developments as set forth
therein, SB 9 also authorizes cities and counties to enact local SB 9 implementation
ordinances and guidelines that are objective and that are not inconsistent with its
mandatory provisions; and
WHEREAS, due to SB 9’s effective date of January 1, 2022, there is insufficient
time for a publicly-considered implementation ordinance to be developed, publicly
reviewed, and adopted by January 1, 2022; however, in the short-term, the City may
develop interim regulations and standards to guide City Departments to implement SB 9
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SR #4874-3180-0325 v1
until such time as an implementation ordinance may be considered by the City Council
for adoption; and
WHEREAS, adoption of this Resolution and the interim SB 9 guidance document
are not projects under the California Environmental Quality Act pursuant to Government
Code sections 65852.21(j) and 66411.7(n);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael:
Section 1. The City of San Rafael finds and declares that urban housing
developments authorized under SB 9 are a valuable form of housing that allows for the
expansion of affordable and flexible housing options.
Section 2. The purpose of this resolution is to establish and adopt interim guidance
to comply with Government Code Sections 65852.21 and 66411.7 until an SB 9
implementation ordinance may be prepared and considered for adoption by the City
Council. This resolution identifies provisions and standards that shall apply to SB 9 urban
lot splits and SB 9 urban duplexes.
Section 3. The City Manager, Community Development Department Director, and
City Attorney are directed to establish application procedures for SB 9 urban duplexes
and urban lot split applications.
Section 4. The City Manager, Community Development Department Director, and
the City Attorney are further directed to consult with the appropriate City Departments
and staff to develop an SB 9 implementation ordinance for presentation to, and
consideration by, the City Council.
Section 5. Interim SB 9 Implementation Rules and Regulations. The City
Council hereby establishes and adopts the following rules, regulations and standards for
all projects proposed pursuant to the authority of SB 9 (Government Code sections
65852.21 et seq. and 66411.7 et seq.):
1. All SB 9 urban duplexes and urban lot splits shall be subject to applicable
existing objective development standards including, but not limited to those
set forth in the General Plan 2040, Downtown Precise Plan, and the San
Rafael Municipal Code.
2. All SB 9 urban duplexes shall meet the requirements mandated by SB 9.
(Government Code sections 65852.21(a), (b)(2), (e), (g), and (h).)
3. All SB 9 urban duplexes shall be subject to the following conditions (which
conditions are reserved to City discretion pursuant to SB 9):
a. Setbacks of up to four feet from side and rear yard lot lines, except
No setback shall be required for an existing structure constructed in
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SR #4874-3180-0325 v1
the same location and to the same dimensions as an existing
structure. (Gov. Code § 65852.21 (b)(2)(B)(ii).)
b. One off-street parking space per unit, except no parking shall be
required in either of the following instances:
i. 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. (Gov. Code § 65852.21(c)(1).)
ii. There is a car share vehicle located within one block of the
parcel.
c. The City shall deny an SB 9 housing development application if the
Building Official makes a specific written finding that the
development project would have an 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 method to mitigate or avoid the specific, adverse
impacts. (Gov. Code § 65852.21(d).)
d. The City shall not permit any ADUs or JADUs on parcels that use
both the authority of Government Code section 65852.21 (SB 9
housing developments) and section 66411.7 (SB 9 urban lot splits.)
4. All SB 9 urban lot splits shall meet the requirements mandated by SB 9.
(Government Code sections 66411.7(a), (b), (c)(2), (f), (g), (h), (k) and (l).)
5. All SB 9 urban lot splits shall be subject to the following conditions (which
conditions are reserved to City discretion pursuant to SB 9):
a. Setbacks of up to four feet from side and rear yard lot lines, except
no setback shall be required for an existing structure constructed in
the same location and to the same dimensions as an existing
structure. (Gov. Code § 66411.7(c)(3).)
b. The City shall deny an SB 9 housing development application if the
Building Official makes a specific written finding that the
development project would have an 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 method to mitigate or avoid the specific, adverse
impacts. (Gov. Code § 66411.7 (d).)
c. Each lot created by an SB 9 urban lot split must adjoin the public
right-of-way, or provide access to the public right-of-way, by way of
a recorded access easement in favor of the parcel requiring ROW
access. (Gov. Code § 66411.7(e)(2).)
d. One off-street parking space per unit, except no parking shall be
required in either of the following instances:
i. 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
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transit stop, as defined in Section 21064.3 of the Public
Resources Code.
ii. There is a car share vehicle located within one block of the
parcel. (Gov. Code § 66411.7(e)(3).)
e. The City shall not permit more than two units of housing, including
primary dwelling units, SB 9 housing development units, ADUs,
and/or JADUs, on lots created pursuant to the authority of
Government Code section 66411.7 (SB 9 urban lot splits). (Gov.
Code § 66411.7(j).)
EFFECTIVE PERIOD.
This Resolution shall become effective immediately upon adoption and shall expire, and be
of no further force effect, upon the effective date of an ordinance, adopted by the City
Council, implementing the provisions of SB 9.
SEVERABILITY
If any term, provision, or portion of these findings or the application of these findings to a
particular situation is held by a court to be invalid, void or unenforceable, the remaining
provisions of these findings, or their application to other actions related to the Project
Revisions, shall continue in full force and effect unless amended or modified by the City.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was regularly introduced and adopted at a regular meeting of the City
Council held on Monday, the 20th day of December 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill & Llorens Gulati
Lindsay Lara, City Clerk
SHARE THIS:Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals.(2021-2022)
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
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.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
~~-1 ~IVE INFORMATION
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.
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.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
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.
(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 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:
(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 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 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 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.
(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.
(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 XIII B 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 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
XIII B of the California Constitution.
