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CITY COUNCIL STAFF REPORT
DATE: JANUARY 13, 2022 LEGISLATIVE
SUBJECT: REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN
URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 9
REQUIREMENTS FOR URBAN LOT SPLITS AND TWO-UNIT
RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA (4/5ths VOTE
REQUIRED)
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
This is a request for the City Council to approve an urgency ordinance adopting
regulations relative to urban lot splits and two-unit residential development pursuant to
the recent adoption of Senate Bill 9 (SB 9). SB 9 requires urban lot split applications and
two-unit residential applications to be approved ministerially, and applies to all cities and
counties, including charter cities. Failure to adopt local standards will result in applications
being approved subject only to the limited criteria contained in State law. The urgency
ordinance requires a four-fifths (4/5ths) vote of the City Council to pass.
RECOMMENDATION:
Waive the reading of the Ordinance text in its entirety, read by title only, and adopt
urgency Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE
PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93.00 OF THE PALM SPRINGS
ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.” (4/5ths Vote
Required.)
BACKGROUND:
SB 9 was signed into law by Governor Newsom on September 16, 2021 and became
effective on January 1, 2022. The bill requires that City’s all urban lot splits and two-unit
housing developments within single-family residential zones to be approved
administratively by staff, without discretionary review or public hearing. The bill outlines a
number of minimum requirements, including the following:
• The proposed urban lot split cannot be located in high-hazard areas, flood zones,
fault zones, conservation areas, or similar protected areas;
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Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
• The urban lot split must not involve the demolition or alteration of protected housing
(such as rent-controlled housing, affordable housing, tenant-occupied housing,
and similar housing);
• The lot must not be a historic landmark or within a designated historic district;
• The urban lot split must result in two new lots that are approximately equal in size
(60/40 split maximum);
• The urban lot split or two-unit development must result in the development of two
units that are a minimum of 800 square feet in area;
• Side and rear yard setbacks may be reduced to as little as four feet to
accommodate a minimum of two units on the resulting lots;
• Parking requirements are limited to one space per unit, and no parking spaces are
required when the site is within one-half mile of certain transit lines or stops;
• Applicants must reside in one of the housing units as their principal residence for
a minimum of three years from the date of the lot split;
• Short-term rentals are prohibited in dwellings that are developed under SB 9
requirements.
While SB 9 applies to all cities and counties, including charter cities, local agencies may
adopt objective zoning, design, and subdivision standards unless those standards would
have the effect of preventing the development of two residential units on either of the
resulting parcels or preventing the development of two units from being at least 800
square feet in floor area.
STAFF ANALYSIS:
To implement the requirements of SB 9, staff from the City Attorney’s office has drafted
an urgency ordinance that permits urban lot splits and two-unit residential development
in all single-family residential zones. The proposed ordinance will modify Chapter 9.62 of
the Palm Springs Municipal Code relative to subdivision mapping requirements and will
modify Chapter 93.00 of the Palm Springs Zoning Code to establish standards for two-
unit residential development. The proposed ordinance includes limited objective
standards relating to lot configuration and architectural design, as is permissible under
State law.
The urgency ordinance establishes that urban lot splits may be proposed for existing lots
of record as small as 2,400 square feet, with the new resulting lots no smaller than 1,200
square feet in area in accordance with State law. The term “urban lot” means an existing
lot of record within an urbanized area, which encompasses all single-family residential
zones in Palm Springs. Each lot that is created under the ordinance must have direct
street frontage; however, the frontage can be as little as 12.5 feet in width, which is the
minimum for a residential driveway. This will allow for either a side-by-side lot
configuration, or front-back configuration with the rear lot being a “flag lot.” Demolition of
an existing residence in order to create the lot split is limited to a maximum of 25%, unless
the unit has not been occupied for more than three years. Please note that the City cannot
require the dedication of right-of-way or the construction of off-site improvements (such
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Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
as sidewalks or street curbing) in conjunction with the creation of new lots under SB 9, as
would typically be the case for standard subdivisions.
The proposed ordinance will apply objective development standards for two-unit
residential development as permissible under SB 9. Objective standards are defined as
standards that require no exercise of judgment, such as numeric limits relative to square
footage, height, setbacks, etc. As the intent of SB 9 is to foster the development of
affordable housing, the maximum square footage permissible for residential units created
under the ordinance is 800 square feet. The City may choose to adjust this maximum
square footage requirement at a later date based on further study and public input.
Pursuant to SB 9, minimum setbacks of four feet are established for side and rear property
lines; however, the front yard setback requirement will remain at 25 feet as is the current
standard so as to maintain a consistent appearance along street frontages. Height limits
for any lot larger than 2,000 square feet is established at one story and 16 feet. Height
limits for any lot smaller than 2,000 square feet may be up to two stories and 22 feet, but
only when reduced setbacks and increased lot coverage will not result in two units of 800
square feet each. Architectural standards require that the units developed on the resulting
split lot must be consistent in terms of materials, architectural details, and roof pitch. In
order to protect privacy of abutting homes, landscaping requirements are established to
screen the new units, and window placement will be reviewed for impacts to neighbors.
Per the requirements of SB 9, urban lot split and two-unit housing developments must be
approved by staff as an administrative process, and local agencies cannot require
discretionary review by Planning Commission or architectural review boards. Specific
application fees have yet to be established for these applications; an amendment to the
fee schedule will be brought forward to City Council once application fees and impact fees
have been determined.
Due to the relatively short period between the bill being signed into law and its effective
date, Staff was unable to prepare a standard ordinance and meet all public notice
requirements prior to January 1, 2022. Consequently, Staff has prepared an urgency
ordinance for adoption by City Council, with a regular ordinance to follow on January 27,
2022. The urgency ordinance will take effect immediately upon adoption and will remain
in place until the regular ordinance becomes effective. As there may be a need for further
adjustment to the initial objective development and architectural standards, it is intended
that Staff will work with the Planning Commission over the next several months to review
the ordinance in detail and assess any modifications that may be necessary.
ENVIRONMENTAL ASSESSMENT:
Under California Government Code sections 65852.21, subdivision (j), and 66411.7,
subdivision (n), the adoption of an ordinance by a city or county implementing the
provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot
splits and two-unit projects is statutorily exempt from the requirements of the California
Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily
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Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
exempt from CEQA in that the proposed ordinance implements these new laws enacted
by SB 9.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA
Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA,
among other things, the division of property in urbanized areas zoned for residential use
into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15
exemption because the ordinance regulates a single urban lot split of one parcel into two
separate lots between 60 percent and 40 percent of the original lot area in a residential
zone.
Further, the proposed ordinance is also categorically exempt from CEQA under the Class
3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption
categorically exempts from CEQA, among other things, the construction and location of
new, small structures and the conversion of existing small structures from one use to
another. Section 15303 specifically lists the construction of a second dwelling unit in a
residential zone and a duplex or similar multi-family residential structure totaling no more
than four dwelling units as examples of activity that expressly falls within this exemption.
Here, the ordinance is categorically exempt under the Class 3 exemption because the
ordinance regulates the construction of two primary dwelling units or, if there is already a
primary dwelling unit on the lot, the development of a second primary dwelling unit, in a
residential zone. Moreover, the City Council finds that none of the “exceptions” to the use
of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here.
Specifically, the City Council finds that the ordinance will:
(1) Not result in a potentially significant cumulative impact as the development
allowable under this ordinance will only be established in developed areas
where environmental analysis and assessment has occurred, and the
scope of allowable development will not result in impacts that significantly
exceed that of the existing development;
(2) Not result in a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances as the
development allowable under this ordinance will only be permitted in
developed areas and poses no impacts that differ from existing
development;
(3) Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway
officially designated as a state scenic highway as the development
allowable under this ordinance is not permitted in areas with scenic area
overlay protections as identified in the General Plan and Zoning Code;
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Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
(4) Not be located on a hazardous waste site included on any list compiled
pursuant to § 65962.5 of the Government Code as no areas eligible for the
development allowable under this ordinance are located on a listed
hazardous waste site; or
(5) Not result in a substantial adverse change in the significance of a historical
resource as alterations to historic resources are governed by the
procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and
are subject to review and approval by the Historic Preservation Officer
and/or the Historic Site Preservation Board.
Each of the foregoing exemptions is asserted in the alternative and each is independently
sufficient to fully exempt the whole of the project.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Urgency Ordinance and Exhibits.
B. SB 9 Bill Text.
Item 3A - 5
URGENCY ORDINANCE NO. ____
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 9.62 OF THE
PALM SPRINGS MUNICIPAL CODE AND
CHAPTER 93.00 OF THE PALM SPRINGS ZONING
CODE RELATING TO URBAN LOT SPLITS AND
TWO-UNIT PROJECTS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to
Article XI of the California Constitution and pursuant to the authority granted the
City by Sections 5 and 7 of Article XI, the City has the power to make and enforce
within its limits all ordinances and regulations in respect to municipal affairs not in
conflict with general laws and its own charter. Such police powers include without
limitation the ability to adopt comprehensive zoning regulations and regulations
upon the use of land and property within the City; and
B. In 2021, the California Legislature approved, and the Governor
signed into law Senate Bill 9 (“SB 9”), which, among other things, adds
Government Code Section 65852.21 and 66411.7 to impose new limits on local
authority to regulate urban lot splits and two-units projects; and
C. SB 9 allows local agencies to adopt objective design, development,
and subdivision standards for urban lot splits and two-unit projects; and
D. SB 9 takes effect on January 1, 2022, and preempts any conflicting
city ordinance; and
E. The City desires to amend its local regulatory scheme to comply with
Government Code Sections 66411.7 and 65852.21 and to appropriately regulate
projects under SB 9; and
F. There is a current and immediate threat to the public health, safety,
or welfare based on the passage of the new SB 9 Law because if the City does not
adopt appropriate objective standards for urban lot splits and two-unit projects
under SB 9, the City would thereafter be limited to applying the few objective
standards that are already in its code, which did not anticipate and were not
enacted with urban lot splits and ministerial two-unit projects in mind; and
G. The approval of urban lot splits and two-unit projects based solely on
the City’s default standards, without appropriate regulations governing lot
configuration, unit size, height, setback, landscape, architectural review, among
other things, would threaten the character of existing neighborhoods, and
negatively impact property values, personal privacy, and fire safety. These threats
Item 3A - 6
Ordinance No. _____
Page 2
to public safety, health, and welfare justify adoption of this ordinance as an urgency
ordinance to be effective immediately upon adoption by a four-fifths vote of the City
Council; and
H. To protect the public safety, health, and welfare, the City Council may
adopt this ordinance as an urgency measure in accordance with Government Code
Section 36937, subdivision (b).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the recitals above are each incorporated by reference
and adopted as findings by the City Council.
SECTION 2. Under California Government Code sections 65852.21,
subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city
or county implementing the provisions of Government Code sections 66411.7 and
65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt
from the requirements of the California Environmental Quality Act (“CEQA”).
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the
proposed ordinance implements these new laws enacted by SB 9.
In addition to being statutorily exempt from CEQA, the proposed ordinance
is also categorically exempt from CEQA under the Class 15 exemption set forth in
State CEQA Guidelines section 15315. The Class 15 exemption categorically
exempts from CEQA, among other things, the division of property in urbanized
areas zoned for residential use into four or fewer parcels. Here, the ordinance is
categorically exempt under Class 15 exemption because the ordinance regulates
a single urban lot split of one parcel into two separate lots between 60 percent and
40 percent of the original lot area in a residential zone. Further, the proposed
ordinance is also categorically exempt from CEQA under the Class 3 exemption
set forth in State CEQA Guidelines section 15303. The Class 3 exemption
categorically exempts from CEQA, among other things, the construction and
location of new, small structures and the conversion of existing small structures
from one use to another. Section 15303 specifically lists the construction of a
second dwelling unit in a residential zone and a duplex or similar multi-family
residential structure totaling no more than four dwelling units as examples of
activity that expressly falls within this exemption. Here, the ordinance is
categorically exempt under the Class 3 exemption because the ordinance
regulates the construction of two primary dwelling units or, if there is already a
primary dwelling unit on the lot, the development of a second primary dwelling unit,
in a residential zone. Moreover, the City Council finds that none of the “exceptions”
to the use of the Class 3 exemption, set forth in State CEQA Guidelines section
15300.2, apply here. Specifically, the City Council finds that the ordinance will:
Item 3A - 7
Ordinance No. _____
Page 3
(1) Not result in a potentially significant cumulative impact as the
development allowable under this ordinance will only be established
in developed areas where environmental analysis and assessment
has occurred, and the scope of allowable development will not result
in impacts that significantly exceed that of the existing development;
(2) Not result in a reasonable possibility that the activity will have a
significant effect on the environment due to unusual circumstances
as the development allowable under this ordinance will only be
permitted in developed areas and poses no impacts that differ from
existing development;
(3) Not result in damage to scenic resources, including but not limited
to, trees, historic buildings, rock outcroppings, or similar resources,
within a highway officially designated as a state scenic highway as
the development allowable under this ordinance is not permitted in
areas with scenic area overlay protections as identified in the
General Plan and Zoning Code;
(4) Not be located on a hazardous waste site included on any list
compiled pursuant to § 65962.5 of the Government Code as no areas
eligible for the development allowable under this ordinance are
located on a listed hazardous waste site; or
(5) Not result in a substantial adverse change in the significance of a
historical resource as alterations to historic resources are governed
by the procedures listed in Chapter 8.05 of the Palm Springs
Municipal Code and are subject to review and approval by the
Historic Preservation Officer and/or the Historic Site Preservation
Board.
Each of the foregoing exemptions is asserted in the alternative and each is
independently sufficient to fully exempt the whole of the project.
SECTION 3. Chapter 9.62 of the Palm Springs Municipal Code is hereby
amended to include Section 9.62.055, “Urban Lot Splits,” as provided in Exhibit
“A,” attached hereto and incorporated herein by reference.
SECTION 4. Chapter 93.00 of the Palm Springs Zoning Code is hereby
amended to include Section 93.23.21, “Two-Unit Projects,” as provided in Exhibit
“B,” attached hereto and incorporated herein by reference.
SECTION 5. This ordinance takes effect immediately upon its adoption.
SECTION 6. The City Clerk shall have a summary of this Ordinance
published in a newspaper of general circulation within fifteen (15) days after its
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Ordinance No. _____
Page 4
adoption.
SECTION 7. If any section or provision of this Ordinance is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, or
contravened by reason of any preemptive legislation, the remaining sections
and/or provisions of this ordinance shall remain valid. The City Council hereby
declares that it would have adopted this Ordinance, and each section or provision
thereof, regardless of the fact that any one or more section(s) or provision(s) may
be declared invalid or unconstitutional or contravened via legislation.
SECTION 8. The City Council hereby directs staff to prepare, execute, and
file with the County of Riverside Clerk a notice of exemption within five (5) working
days of the adoption of this Ordinance.
SECTION 9. The Custodian of Records for this Ordinance is the City Clerk
and the records compromising the administrative record for this Ordinance are
located at 3200 E. Tahquitz Canyon Way, Palm Springs, California.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 13TH DAY OF JANUARY, 2022.
LISA MIDDLETON
MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
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Ordinance No. _____
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on __________ and adopted at a regular
meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this ______ day of ______________, _________.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 3A - 10
Page 1
URGENCY ORDINANCE NO. _____
EXHIBIT “A”
Section 9.62.055 Urban Lot Splits
A. Purpose. The purpose of this section is to allow and appropriately regulate urban
lot splits in accordance with Government Code section 66411.7.
B. Definition. An “urban lot split” means the subdivision of an existing, legally
subdivided lot into two lots in accordance with the requirements of this section.
C. Application.
1. Only individual property owners may apply for an urban lot split. “Individual
property owner” means a natural person holding fee title individually or
jointly in the person’s own name or a beneficiary of a trust that holds fee
title. “Individual property owner” does not include any corporation or
corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.)
except for a community land trust (as defined by Rev. & Tax Code
§ 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by
§ 214.15).
2. An application for an urban lot split must be submitted on the city’s approved
form. Only a complete application will be considered. The city will inform the
applicant in writing of any incompleteness within 30 days after the
application is submitted.
3. The city may establish a fee to recover its costs for adopting, implementing,
and enforcing this section of the code, in accordance with applicable law.
The city council may establish and change the fee by resolution. The fee
must be paid with the application.
D. Approval.
1. An application for a parcel map for an urban lot split is approved or denied
ministerially, by the Director, without discretionary review.
2. A tentative parcel map for an urban lot split is approved ministerially if it
complies with all the requirements of this section. The tentative parcel map
may not be recorded. A final parcel map is approved ministerially as well,
but not until the owner demonstrates that the required documents have
been recorded, such as the deed restriction and easements. The tentative
parcel map expires three months after approval.
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3. The approval must require the owner and applicant to hold the city harmless
from all claims and damages related to the approval and its subject matter.
4. The approval must require the owner and applicant to reimburse the city for
all costs of enforcement, including attorneys’ fees and costs associated with
enforcing the requirements of this code.
E. Requirements. An urban lot split must satisfy each of the following requirements:
1. Map Act Compliance.
(a) The urban lot split must conform to all applicable objective
requirements of the Subdivision Map Act (Gov. Code § 66410 et.
seq., “SMA”), including implementing requirements in this code,
except as otherwise expressly provided in this section.
(b) If an urban lot split violates any part of the SMA, the city’s subdivision
regulations, including this section, or any other legal requirement:
(1) The buyer or grantee of a lot that is created by the urban lot
split has all the remedies available under the SMA, including
but not limited to an action for damages or to void the deed,
sale, or contract.
(2) The city has all the remedies available to it under the SMA,
including but not limited to the following:
(i) An action to enjoin any attempt to sell, lease, or finance
the property.
(ii) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(iii) Criminal prosecution, punishable by imprisonment in
county jail or state prison for up to one year, by a fine
of up to $10,000, or both; or a misdemeanor.
(iv) Record a notice of violation.
(v) Withhold any or all future permits and approvals.
(c) Notwithstanding section 66411.1 of the SMA, no dedication of rights-
of-way or construction of offsite improvements is required for an
urban lot split.
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2. Zone. The lot to be split is in a single-family residential zone. For purposes
of this section, a single-family residential zone is a zone where the only
residential use that is allowed as a primary use is a single residential
dwelling on a lot.
3. Lot Location.
(a) The lot to be split is not located on a site that is any of the following:
(1) Prime farmland, farmland of statewide importance, or land
that is zoned or designated for agricultural protection or
preservation by the voters.
(2) A wetland.
(3) Within a very high fire hazard severity zone, unless the site
complies with all fire-hazard mitigation measures required by
existing building standards.
(4) A hazardous waste site that has not been cleared for
residential use.
(5) Within a delineated earthquake fault zone, unless all
development on the site complies with applicable seismic
protection building code standards.
(6) Within a 100-year flood hazard area, unless the site has
either:
(i) been subject to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(7) Within a regulatory floodway, unless all development on the
site has received a no-rise certification.
(8) Land identified for conservation in an adopted natural
community conservation plan, habitat conservation plan, or
other adopted natural resource protection plan.
(9) Habitat for protected species.
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(10) Land under conservation easement.
(11) Land within a hillside area, as that term is defined in section
93.13.00.
(b) The purpose of subpart (E)(3)(a) above is merely to summarize the
requirements of Government Code section 65913.4(a)(6)(B)–(K).
(See Gov. Code § 66411.7(a)(3)(C).)
4. Not Historic. The lot to be split must not be a historic property or within a
historic district that is included on the State Historic Resources Inventory,
nor may the lot be or be within a site that is designated by ordinance as a
city or county historic resource or as a historic property or within a historic
district.
5. No Prior Urban Lot Split.
(a) The lot to be split was not established through a prior urban lot split.
(b) The lot to be split is not adjacent to any lot that was established
through a prior urban lot split by the owner of the lot to be split or by
any person acting in concert with the owner.
6. No Impact on Protected Housing. The urban lot split must not require or
include the demolition or alteration of any of the following types of housing:
(a) Housing that is income-restricted for households 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 policy power.
(c) Housing, or a lot that used to have housing, that has been withdrawn
from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7)
at any time in the 15 years prior to submission of the urban lot split
application.
(d) Housing that has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which an urban lot split
is sought must provide a sworn statement as to this fact with the
application for the parcel map. The city may conduct its own inquiries
and investigation to ascertain the veracity of the sworn statement,
including but not limited to, surveying owners of nearby properties;
and the city may require additional evidence of the applicant and
owner as necessary to determine compliance with this requirement.
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7. Lot Size.
(a) The lot to be split must be at least 2,400 square feet.
(b) The resulting lots must each be at least 1,200 square feet.
(c) Each of the resulting lots must be between 60 percent and 40 percent
of the original lot area.
8. Easements.
(a) The owner must enter into an easement agreement with each public-
service provider to establish easements that are sufficient for the
provision of public services and facilities to each of the resulting lots.
(b) Each easement must be shown on the tentative parcel map.
(c) Copies of the unrecorded easement agreements must be submitted
with the application. The easement agreements must be recorded
against the property before the final map may be approved, in
accordance with subpart (D)(2) above.
(d) If an easement is recorded and the project is not completed, making
the easement moot, the property owner may request, and the city will
provide, a notice of termination of the easement, which the owner
may record.
9. Lot Access.
(a) Each resulting lot must adjoin the public right-of-way.
(b) Each resulting lot must have frontage on the public right-of-way of at
least 12.5 feet.
10. Unit Standards.
(a) Quantity. No more than two dwelling units of any kind may be built
on a lot that results from an urban lot split. For purposes of this
paragraph, “unit” means any dwelling unit, including, but not limited
to, a primary dwelling unit, a unit created under section 93.23.21 of
this code, an ADU, or a JADU.
(b) Unit Size.
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(1) The total floor area of each primary dwelling that is developed
on a resulting lot must be
(i) less than or equal to 800 and
(ii) more than 500 square feet.
(2) A primary dwelling that was legally established prior to the
urban lot split and that is larger than 800 square feet is limited
to the lawful floor area at the time of the urban lot split. It may
not be expanded.
(3) A primary dwelling that was legally established prior to the
urban lot split and that is smaller than 800 square feet may be
expanded to 800 square feet after the urban lot split.
(c) Height Restrictions.
(1) On a resulting lot that is larger than 2,000 square feet, no new
primary dwelling unit may exceed a single story or 16 feet in
height, measured from grade to peak of the structure.
(2) On a resulting lot that is smaller than 2,000 square feet, no
new primary dwelling unit may exceed two stories or 22 feet
in height, measured from grade to peak of the structure. A
second story is only permissible where conformance to lot
coverage or setback requirements does not result in two
primary units on the lot of up to 800 square feet each. Any
portion of a new primary dwelling that exceeds one story must
be stepped back by an additional five feet from the ground
floor; no balcony deck or other portion of the second story may
project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled
dwelling or structure on a lot resulting from an urban lot split.
(d) Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage
standard is only enforced to the extent that it does not prevent two
primary dwelling units on the lot at 800 square feet each.
(e) Setbacks.
(1) Generally. All setbacks must conform to those objective
setbacks that are imposed through the underlying zone.
(2) Exceptions. Notwithstanding subpart (E)(10)(e) above:
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(i) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(ii) 800 square feet; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the
two units from being at least 800 square feet in floor
area; but in no event may any structure be less than
four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of
this code, dwellings that are constructed after an urban
lot split must be at least 25 feet from the front property
lines. The front setback area must:
(I) be kept free from all structures greater than
three feet high;
(II) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation
plans approved by a licensed landscape
architect;
(III) allow for vehicular and fire-safety access to the
front structure.
(f) Parking. Each new primary dwelling unit that is built on a lot after an
urban lot split must have at least one off-street parking space per unit
unless one of the following applies:
(1) The lot is located within one-half mile walking distance of
either
(i) a corridor with fixed route bus service with service
intervals no longer than 15 minutes during peak
commute hours or
(ii) a site that contains
(I) an existing rail or bus rapid transit station, or
Item 3A - 17
Page 8
(II) the intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
(2) The site is located within one block of a car-share vehicle
location.
(g) Architecture.
(1) If there is a legal primary dwelling on the lot that was
established before the urban lot split, any new primary
dwelling unit must match the existing primary dwelling unit in
exterior materials, color, and dominant roof pitch. The
dominant roof slope is the slope shared by the largest portion
of the roof.
(2) If there is no legal primary dwelling on the lot before the urban
lot split, and if two primary dwellings are developed on the lot,
the dwellings must match each other in exterior materials,
color, and dominant roof pitch. The dominant roof slope is the
slope shared by the largest portion of the roof.
(3) All exterior lighting must be limited to down-lights.
(4) No window or door of a dwelling that is constructed on the lot
after the urban lot split may have a direct line of sight to an
adjoining residential property. Fencing, landscaping, or
privacy glass may be used to provide screening and prevent
a direct line of sight.
(5) If a dwelling is constructed on a lot after an urban lot split and
any portion of the dwelling is less than 30 feet from a property
line that is not a public right-of-way line, then all windows and
doors in that portion must either be (for windows) clerestory
with the bottom of the glass at least six feet above the finished
floor, or (for windows and for doors) utilize frosted or obscure
glass.
(h) Landscaping. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights-
of-way) as follows:
(1) At least one (1) 15-gallon size plant shall be provided for every
five (5) linear feet of exterior wall. Alternatively, at least one
Item 3A - 18
Page 9
(1) 24” box size plant shall be provided for every ten (10) linear
feet of exterior wall.
(2) Plant specimens must be at least six (6) feet tall when
installed. As an alternative, a solid fence of at least six (6) feet
in height may be installed.
(3) All landscaping must be drought tolerant.
(4) All landscaping must be from the city’s approved plant list.
(i) Nonconforming Conditions. An urban lot split may be approved
without requiring a legal nonconforming zoning condition to be
corrected.
(j) Utilities. Each primary dwelling unit on the resulting lots must have
its own direct utility connection to the utility service provider.
(k) Building & Safety. All structures built on the lot must comply with all
current local building standards. An urban lot split is a change of use.
11. Fire-Hazard Mitigation Measures.
(a) A lot in a very high fire hazard severity zone must comply with each
of the following fire-hazard mitigation measures:
(1) It must have direct access to a public right-of-way with a
paved street with a width of at least 40 feet. The public right-
of-way must have at least two independent points of access
for fire and life safety to access and for residents to evacuate.
(2) All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity
zone.
(3) All enclosed structures on the site must have fire sprinklers.
(4) All sides of all dwellings on the site must be within a 150-foot
hose-pull distance from either the public right-of-way or of an
onsite fire hydrant or standpipe.
(5) If the lot does not have a swimming pool, the lot must have a
water reservoir of at least 5,000 gallons per dwelling, with fire-
authority approved hookups compatible with fire-authority
standard pump and hose equipment.
Item 3A - 19
Page 10
(b) Prior to submitting an application for an urban lot split, the applicant
must obtain a certificate of compliance with all applicable fire-hazard
mitigation measures in accordance with this subpart (E)(11). The city
or its authorized agent must inspect the site, including all structures
on the site, and certify as to its compliance. The certificate must be
included with the application. The applicant must pay the city’s costs
for inspection. Failure to pay is grounds for denying the application.
12. Separate Conveyance.
(a) Within a resulting lot.
(1) Primary dwelling units on a lot that is created by an urban lot
split may not be owned or conveyed separately from each
other.
(2) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an
urban lot split.
(3) All fee interest in a lot and all dwellings on the lot must be held
equally and undivided by all individual property owners.
(b) Between resulting lots. Separate conveyance of the resulting lots is
permitted. If dwellings or other structures (such as garages) on
different lots are adjacent or attached to each other, the urban lot
split boundary may separate them for conveyance purposes if the
structures meet building code safety standards and are sufficient to
allow separate conveyance. If any attached structures span or will
span the new lot line, the owner must record appropriate CC&Rs,
easements, or other documentation that is necessary to allocate
rights and responsibility between the owners of the two lots.
13. Regulation of Uses.
(a) Residential-only. No non-residential use is permitted on any lot
created by urban lot split.
(b) No Short-Term Rentals. No dwelling unit on a lot that is created by
an urban lot split may be rented for a period of less than 30 days.
(c) Owner Occupancy. The applicant for an urban lot split must sign an
affidavit stating that the applicant intends to occupy one of the
dwelling units on one of the resulting lots as the applicant’s principal
residence for a minimum of three (3) years after the urban lot split is
approved.
Item 3A - 20
Page 11
14. Notice of Construction.
(a) At least 30 business days before starting any construction of a
structure on a lot created by an urban lot split, the property owner
must give written notice to all the owners of record of each of the
adjacent residential parcels, which notice must include the following
information:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction,
(3) The hours of construction,
(4) Contact information for the project manager (for construction-
related complaints), and
(5) Contact information for the Building & Safety Division.
(b) This notice requirement does not confer a right on the noticed
persons or on anyone else to comment on the project before permits
are issued. Approval is ministerial. Under state law, the City has no
discretion in approving or denying a particular project under this
section. This notice requirement is purely to promote neighborhood
awareness and expectation.
15. Deed Restriction. The owner must record a deed restriction, acceptable to
the city, that does each of the following:
(a) Expressly prohibits any rental of any dwelling on the property for a
period of less than 30 days.
(b) Expressly prohibits any non-residential use of the lots created by the
urban lot split.
(c) Expressly prohibits any separate conveyance of a primary dwelling
on the property, any separate fee interest, and any common interest
development within the lot.
(d) States that the property is formed by an urban lot split and is
therefore subject to the city’s urban lot split regulations, including all
applicable limits on dwelling size and development.
F. Specific Adverse Impacts.
Item 3A - 21
Page 12
1. Notwithstanding anything else in this section, the city may deny an
application for an urban lot split if the building official makes a written
finding, based on a preponderance of the evidence, that the project would
have a “specific, adverse impact” on either public health and safety or on
the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code
§ 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was
deemed complete” and does not include (1) inconsistency with the zoning
ordinance or general plan land use designation or (2) the eligibility to claim
a welfare exemption under Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
Item 3A - 22
Page 1
URGENCY ORDINANCE NO. _____
EXHIBIT “B”
Section 93.23.21 Two-Unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-
unit projects in accordance with Government Code section 65852.21.
B. Definition. A “two-unit project” means the development of two primary dwelling
units or, if there is already a primary dwelling unit on the lot, the development of a
second primary dwelling unit on a legally subdivided lot in accordance with the
requirements of this section.
C. Application.
1. Only individual property owners may apply for a two-unit project. “Individual
property owner” means a natural person holding fee title individually or
jointly in the person’s own name or a beneficiary of a trust that holds fee
title. “Individual property owner” does not include any corporation or
corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.)
except for a community land trust (as defined by Rev. & Tax Code
§ 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by
§ 214.15).
2. An application for a two-unit project must be submitted on the city’s
approved form.
3. The applicant must obtain a certificate of compliance with the Subdivision
Map Act for the lot and provide the certificate with the application.
4. Only a complete application will be considered. The city will inform the
applicant in writing of any incompleteness within 30 days after the
application is submitted.
5. The city may establish a fee to recover its costs for adopting, implementing,
and enforcing this section of the code, in accordance with applicable law.
The city council may establish and change the fee by resolution. The fee
must be paid with the application.
D. Approval.
1. An application for a two-unit project is approved or denied ministerially, by
the Director, without discretionary review.
Item 3A - 23
Page 2
2. The ministerial approval of a two-unit project does not take effect until the
city has confirmed that the required documents have been recorded, such
as the deed restriction and easements.
3. The approval must require the owner and applicant to hold the city harmless
from all claims and damages related to the approval and its subject matter.
4. The approval must require the owner and applicant to reimburse the city for
all costs of enforcement, including attorneys’ fees and costs associated with
enforcing the requirements of this code.
E. Requirements. A two-unit project must satisfy each of the following requirements:
1. Map Act Compliance. The lot must have been legally subdivided.
2. Zone. The lot is in a single-family residential zone. For purposes of this
section, a single-family residential zone is a zone where the only residential
use that is allowed as a primary use is a single residential dwelling on a lot.
3. Lot Location.
a. The lot is not located on a site that is any of the following:
1) Prime farmland, farmland of statewide importance, or land
that is zoned or designated for agricultural protection or
preservation by the voters.
2) A wetland.
3) Within a very high fire hazard severity zone, unless the site
complies with all fire-hazard mitigation measures required by
existing building standards.
4) A hazardous waste site that has not been cleared for
residential use.
5) Within a delineated earthquake fault zone, unless all
development on the site complies with applicable seismic
protection building code standards.
6) Within a 100-year flood hazard area, unless the site has
either:
(i) been subject to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and
issued to the local jurisdiction, or
Item 3A - 24
Page 3
(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
7) Within a regulatory floodway, unless all development on the
site has received a no-rise certification.
8) Land identified for conservation in an adopted natural
community conservation plan, habitat conservation plan, or
other adopted natural resource protection plan.
9) Habitat for protected species.
10) Land under conservation easement.
(11) Land within a hillside area, as that term is defined in section
93.13.00.
b. The purpose of subpart (E)(3)(a) above is merely to summarize the
requirements of Government Code section 65913.4(a)(6)(B)–(K).
(See Gov. Code § 66411.7(a)(3)(C).)
4. Not Historic. The lot must not be a historic property or within a historic district
that is included on the State Historic Resources Inventory, nor may the lot
be or be within a site that is designated by ordinance as a city or county
resource or as a historic property or within a historic district.
5. No Impact on Protected Housing. The two-unit project must not require or
include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households 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 policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn
from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7)
at any time in the 15 years prior to submission of the urban lot split
application.
d. Housing that has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which a two-unit project
is sought must provide a sworn statement as to this fact with the
Item 3A - 25
Page 4
application for the parcel map. The city may conduct its own inquiries
and investigation to ascertain the veracity of the sworn statement,
including but not limited to, surveying owners of nearby properties;
and the city may require additional evidence of the applicant and
owner as necessary to determine compliance with this requirement.
6. Unit Standards.
a. Quantity.
1) No more than two dwelling units of any kind may be built on a
lot that results from an urban lot split. For purposes of this
paragraph, “unit” means any dwelling unit, including, but not
limited to, a primary dwelling unit, a unit created under this
section of this code, an ADU, or a JADU.
2) A lot that is not created by an urban lot split may have a two-
unit project under this section, plus any ADU or JADU that
must be allowed under state law and the city’s ADU
ordinance.
b. Unit Size.
1) The total floor area of each primary dwelling built that is
developed under this section must be
(i) less than or equal to 800 and
(ii) more than 500 square feet.
2) A primary dwelling that was legally established on the lot prior
to the two-unit project and that is larger than 800 square feet
is limited to the lawful floor area at the time of the two-unit
project. The unit may not be expanded.
3) A primary dwelling that was legally established prior to the
two-unit project and that is smaller than 800 square feet may
be expanded to 800 square feet after or as part of the two-unit
project.
c. Height Restrictions.
1) On a lot that is larger than 2,000 square feet, no new primary
dwelling unit may exceed a single story or 16 feet in height,
measured from grade to peak of the structure.
Item 3A - 26
Page 5
2) On a lot that is smaller than 2,000 square feet, no new primary
dwelling unit may exceed two stories or 22 feet in height,
measured from grade to peak of the structure. A second story
is only permissible where conformance to lot coverage or
setback requirements does not result in two primary units on
the lot of up to 800 square feet each. Any portion of a new
primary dwelling that exceeds one story must be stepped
back by an additional five feet from the ground floor; no
balcony deck or other portion of the second story may project
into the stepback.
3) No rooftop deck is permitted on any new or remodeled
dwelling or structure on a lot with a two-unit project.
d. Demo Cap. The two-unit project may not involve the demolition of
more than 25 percent of the existing exterior walls of an existing
dwelling unless the site has not been occupied by a tenant in the last
three years.
e. Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage
standard is only enforced to the extent that it does not prevent two
primary dwelling units on the lot at 800 square feet each.
f. Setbacks.
1) Generally. All setbacks must conform to those objective
setbacks that are imposed through the underlying zone.
2) Exceptions. Notwithstanding subpart (E)(6)(f) above:
(i) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.
(ii) 800 sf; four-foot side and rear. The setbacks imposed
by the underlying zone must yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the
two units from being at least 800 square feet in floor
area; but in no event may any structure be less than
four feet from a side or rear property line.
3) Front Setback Area. Notwithstanding any other part of this
code, dwellings that are constructed under this section must
Item 3A - 27
Page 6
be at least 25 feet from the front property lines. The front
setback area must:
(i) be kept free from all structures greater than three feet
high;
(ii) be at least 50 percent landscaped with drought-tolerant
plants, with vegetation and irrigation plans approved by
a licensed landscape architect;
(iii) allow for vehicular and fire-safety access to the front
structure.
g. Parking. Each new primary dwelling unit must have at least one off-
street parking space per unit unless one of the following applies:
1) The lot is located within one-half mile walking distance of
either
(i) a corridor with fixed route bus service with service
intervals no longer than 15 minutes during peak
commute hours or
(ii) a site that contains
(I) an existing rail or bus rapid transit station,
(II) the intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.
2) The site is located within one block of a car-share vehicle
location.
h. Architecture.
1) If there is a legal primary dwelling on the lot that was
established before the two-unit project, any new primary
dwelling unit must match the existing primary dwelling unit in
exterior materials, color, and dominant roof pitch. The
dominant roof slope is the slope shared by the largest portion
of the roof.
2) If there is no legal primary dwelling on the lot before the two-
unit project, and if two primary dwellings are developed on the
Item 3A - 28
Page 7
lot, the dwellings must match each other in exterior materials,
color, and dominant roof pitch. The dominant roof slope is the
slope shared by the largest portion of the roof.
3) All exterior lighting must be limited to down-lights.
4) No window or door of a dwelling that is constructed on the lot
may have a direct line of sight to an adjoining residential
property. Fencing, landscaping, or privacy glass may be used
to provide screening and prevent a direct line of sight.
5) If any portion of a dwelling is less than 30 feet from a property
line that is not a public right-of-way line, then all windows and
doors in that portion must either be (for windows) clerestory
with the bottom of the glass at least six feet above the finished
floor, or (for windows and for doors) utilize frosted or obscure
glass.
i. Landscaping. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights-
of-way) as follows:
1) At least one (1) 15-gallon size plant shall be provided for every
five linear feet of exterior wall. Alternatively, at least one (1)
24” box size plant shall be provided for every ten (10) linear
feet of exterior wall.
2) Plant specimens must be at least six (6) feet tall when
installed. As an alternative, a solid fence of at least six (6) feet
in height may be installed.
3) All landscaping must be drought tolerant.
4) All landscaping must be from the city’s approved plant list.
j. Nonconforming Conditions. A two-unit project may only be approved
if all nonconforming zoning conditions are corrected.
k. Utilities. Each primary dwelling unit on the lot must have its own
direct utility connection to the utility service provider.
l. Building & Safety. All structures built on the lot must comply with all
current local building standards. A project under this section is a
change of use and subjects the whole of the lot, and all structures,
to the city’s current code.
Item 3A - 29
Page 8
7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity
zone must comply with each of the following fire-hazard mitigation
measures:
a. It must have direct access to a public right-of-way with a paved street
with a width of at least 40 feet. The public right-of-way must have at
least two independent points of access for fire and life safety to
access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone.
c. All enclosed structures on the site must have fire sprinklers.
d. All sides of all dwellings on the site must be within a 150-foot hose-
pull distance from either the public right-of-way or of an onsite fire
hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a water
reservoir of at least 5,000 gallons per dwelling, with fire-authority
approved hookups compatible with fire-authority standard pump and
hose equipment.
8. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed
separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally
and undivided by all individual property owners.
9. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot.
b. No Short-Term Rentals. No dwelling unit on the lot may be rented for
a period of less than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split,
the individual property owners of a lot with a two-unit project must
occupy one of the dwellings on the lot as the owners’ principal
residence and legal domicile.
Item 3A - 30
Page 9
10. Notice of Construction.
a. At least 30 business days before starting any construction of a two-
unit project, the property owner must give written notice to all the
owners of record of each of the adjacent residential parcels, which
notice must include the following information:
1) Notice that construction has been authorized,
2) The anticipated start and end dates for construction,
3) The hours of construction,
4) Contact information for the project manager (for construction-
related complaints), and
5) Contact information for the Building & Safety Department.
b. This notice requirement does not confer a right on the noticed
persons or on anyone else to comment on the project before permits
are issued. Approval is ministerial. Under state law, the City has no
discretion in approving or denying a particular project under this
section. This notice requirement is purely to promote neighborhood
awareness and expectation.
11. Deed Restriction. The owner must record a deed restriction, acceptable to
the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a
period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot.
c. Expressly prohibits any separate conveyance of a primary dwelling
on the property, any separate fee interest, and any common interest
development within the lot.
d. If the lot is not created by an urban lot split: Expressly requires the
individual property owners to live in one of the dwelling units on the
lot as the owners’ primary residence and legal domicile.
e. States that the property is formed by an urban lot split and is
therefore subject to the city’s urban lot split regulations, including all
applicable limits on dwelling size and development.
F. Specific Adverse Impacts.
Item 3A - 31
Page 10
1. Notwithstanding anything else in this section, the city may deny an
application for a two-unit project if the building official makes a written
finding, based on a preponderance of the evidence, that the project would
have a “specific, adverse impact” on either public health and safety or on
the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code
§ 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was
deemed complete” and does not include (1) inconsistency with the zoning
ordinance or general plan land use designation or (2) the eligibility to claim
a welfare exemption under Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
G. Remedies. If a two-unit project violates any part of this code or any other legal
requirement:
1. The buyer, grantee, or lessee of any part of the property has an action for
damages or to void the deed, sale, or contract.
2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the
property.
b. Bring an action for other legal, equitable, or summary remedy, such
as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county
jail or state prison for up to one year, by a fine of up to $10,000, or
both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are
allowed by law or the city’s code.
Item 3A - 32
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 1/8
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
Item 3A - 33
~~-7 ~IVE INFORMATION
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals.
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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.Item 3A - 34
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(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.
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(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.
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(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.
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(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.
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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
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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.
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