HomeMy WebLinkAbout3. PLN-22-00004 SB9CityofDowne.Y STAFF REPORT
PLANNING DIVISION
DATE:
TO:
SUBMITTED BY:
PREPARED BY:
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REPORT SUMMARY
JANUARY 19, 2021
PLANNING COMMISSION
ALDO E. SCHINDLER, DEPUTY CITY MANAGER / COMMUNITY\\/ L
DEVELOPMENT �
CRYSTAL LANDAVAZO, CITY PLANNER !JI'
PLN-22-0004 (ZONE TEXT AMENDMENT) -AMEND SECTIONS OF
CHAPTER 3 AND CHAPTER 9 OF ARTICLE IX OF THE MUNICIPAL
CODE REGARDING URBAN LOT SPLITS AND TWO-UNIT PROJECTS
WITHIN SINGLE-FAMILY RESIDENTIAL (R-1) ZONES
CITYWIDE
R-1 (5,000), R-1 {6,000), R-1 (7,500), R-1 (8,500), R-1 (10,000)
Senate Bill 9 (SB 9) was signed into law by the Governor resulting in the addition of Sections
65852.21 and 66411.7, and amendment of Section 66452.6 of the California Government Code
to allow for urban lot splits and two-unit development in single family residential neighborhoods.
The new legislation requires local agencies to administratively approve subdivisions of single
family residentially zoned properties into a maximum of two lots. Additionally, this legislation
requires the approval of up to two units on each new lot. The resulting effect of these provisions
would allow a potential of four units on a property previously developed with only one unit. The
proposed Ordinance seeks to establish objective development and procedural standards for
development proposed under these circumstances. The proposed Ordinance will bring the City
into compliance with new state legislation while applying additional objective standards intended
to preserve the character of single-family neighborhoods.
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-22-0004), THEREBY AMENDING SECTIONS OF
CHAPTER 3 AND CHAPTER 9 OF ARTICLE IX OF THE MUNICIPAL CODE
REGARDING URBAN LOT SPLITS AND TWO-UNIT PROJECTS WITHIN
SINGLE-FAMILY RESIDENTIAL (R-1) ZONES.
BACKGROUND
The new state legislation went into effect on January 1, 2022 and, under existing zoning
standards, which were not developed with this level of density anticipated, would have
threatened the character of existing single-family residential neighborhoods. The
PC Agenda Page 1
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 2
Urgency Ordinance adopted by the City Council established temporary standards that
could be applied while the Planning Commission reviewed and considered a formal
Ordinance for recommendation to the City Council.
On January 6, 2022, notice of the pending public hearing was published in the Downey Patriot
as a 1/8 th page ad in accordance with the requirements of the Downey Municipal Code.
DISCUSSION
The California legislature recently passed, and Governor Newsom signed into law, Senate Bill 9
(“SB 9”). SB 9 became effective on January 1, 2022, and requires the City to both: (1) allow any
lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small
as 1,200 sf and (2) allow any lot in a single-family residential zone to be developed with up to
two single-family dwellings. SB 9 requires the City to approve eligible lot splits and two-unit
projects administratively without a public hearing. Property owners can also utilize both of
SB 9’s provisions, meaning that an SB 9 lot split may be followed with an SB 9 two-unit project
on each of the two new lots, resulting in four total dwellings on what was formerly one single-
family residential lot.
SB 9 allows cities to impose objective zoning, subdivision, and design standards on urban lot
splits and two-unit projects. The bill specifies that an objective standard is a regulation that does
not involve personal or subjective judgment and that is verifiable by reference to an external and
uniform benchmark such as a height limit. Staff has included such standards in the proposed
Urgency Ordinance to establish development standards aimed at preserving neighborhood
characteristics and architectural compatibility as best as possible.
Generally, the proposed ordinance is written to allow the city to exercise as much local control
over SB 9 projects as state law allows. Among other things, the ordinance includes regulations
governing the following:
•Location: R-1 zones only; not on rental property (within last 3 years);
•Lot Size: 2,400 sf minimum to split; resulting lot must be 40% the size of the
original lot; minimum of 1,200 sf resulting lot;
•Lot Access: must have direct access from public right-of-way;
•Lot Coverage and Open Space: 50 percent max and min, respectively;
•Unit Height: 16 feet max for new units;
•Setbacks: normal, except as necessary to allow two units at least 800 sf each;
but no less than 4 feet side and rear;
•Use: residential-only, no short-term (vacation) rental;
•Parking: one space per unit, unless exempt by statute;
•Owner occupancy: three-year minimum on urban splits;
•Architecture; must match other dwelling on property; subject to R-1 design
standards;
•Landscaping: limits on tree removal; required screening;
•Utilities: direct connections to service providers; all underground;
•Separate Conveyance Within a Lot: no condos, no timeshares or separate-use
co-ownerships; and,
•Deed Restriction: recorded covenant required; no short-term rental, non-
residential use, or separate conveyance; development limited to SB 9 projects.
PC Agenda Page 2
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 3
FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to recommending the Zone Text Amendment. The findings are as follows:
A.The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
The appropriate development of the community, and its neighborhoods, is achieved
through the provision of adequate development standards as the needs of the
community and legislature evolve. This amendment is prepared in response to new state
legislation which has the potential to significantly alter the character of all single-family
neighborhoods throughout the City by increasing density with little regulation. The
objective development standards within the proposed Ordinance introduce development
standards and apply design guidelines intended to promote quality design, while
simultaneously complying with the strict provisions of Senate Bill 9 (SB 9). Future
development under SB 9 will be subject to the proposed development standards and
design guidelines, as well as the required review process, to ensure that any potential
effects in public health, safety, and general welfare will be mitigated as much as
possible.
B.The proposed amendment is in general conformance with the General Plan.
The project is in conformance with all applicable objectives, policies, and programs
specified in the City’s General Plan. Specifically, the project primarily affects the Single
Family Residential (R-1) zones and the General Plan Designation areas of Low Density
Residential. The land use designation of “Low Density Residential”, as described in the
General Plan, calls for stable residential neighborhoods with high-quality of character. A
contributing factor to the stability of neighborhoods is cohesion amongst homes in the
neighborhood. The previous statements summarize the intent of the development
standards incorporated into the proposed Ordinance. In addition, the following are
policies promoted by the proposed Zone Text Amendment:
Policy 1.3.2. – Monitor and address changes in land use trends.
Program 1.3.2.2. Adjust the codes, policies, and regulations in response to
changes in land use trends.
In compliance with this policy, City staff has prepared an Ordinance with proposed
development standards to reflect compliance with new land use legislation recently put
into effect by the state. The provisions within the proposed Ordinance seek compliance
with state regulations while seeking to implement objective standards for the
preservation of single family residences to the greatest extent possible.
Policy 1.4.1. Promote Neighborhood Identity.
Program 1.4.1.5. Provide public information on ways residents and property
owners can improve their neighborhoods.
Goal 1.4 – Protect and enhance the residential neighborhoods.
Policy 1.4.2. Promote residential construction that complements existing
neighborhoods.
Program 1.4.2.1. Discourage residential construction not in harmony with
the surrounding neighborhood.
Program 1.4.2.2. Adopt standards to address the appropriate relationship
between building size and lot size, such as maximum floor area ratio.
Program 1.4.2.3. Promote building designs with second story additions to
address scale, bulk and massing.
PC Agenda Page 3
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 4
Program 1.4.2.5. Discourage the removal of trees and other vegetation.
Senate Bill 9 provides for increased density by permitting the subdivision of single-family
residential properties to a minimum size of 1,200 square feet; far less than the existing
minimum lot size of 5,000 sq. ft. This bill also allows reduced rear and side setbacks to 4
feet instead of the 10% of the lot width when necessary to allow two units on a single lot.
The unregulated application of these standards has the potential to significantly alter the
character of all single-family neighborhoods. The bill does allow local jurisdictions to
apply objective standards as long as the standards do not prevent urban lot splits or the
development of two units on a lot. The proposed standards are incorporated to protect
the character of these neighborhoods to the greatest extent possible.
Goal 8.1. Promote quality design for new, expanded, and remodeled construction.
Policy 8.1.1 Promote architectural design of the highest quality.
Program 8.1.1.1. Discourage construction with architectural design of
poor quality.
Program 8.1.1.2. Assist home owners and builders by providing design
guidelines to illustrate good design.
The proposed development standards are intended to meet this objective by providing
objective standards for residential development constructed under provisions of Senate
Bill 9. The proposed development standards will require new development to utilize
existing design guidelines applicable to all R-1 zoned properties and establishes building
articulation and privacy requirements to be incorporated into new residential
developments.
ENVIRONMENTAL ANALYSIS
Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the
adoption of an ordinance by a city or county implementing the provisions of Government Code
sections 66411.7 and 65852.21, which is California’s SB 9 Law and which regulates 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 the State’s SB 9 Law.
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 Planning Commission 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 Planning Commission finds that the ordinance will:
PC Agenda Page 4
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 5
(1)Not result in a potentially significant cumulative impact in that the residential
zones were planned to accommodate low density residential development. The
proposed standards seek to comply with new state legislature to allow increased
low-density housing and establishes parameters to prevent impacts that would
result from higher density development;
(2)Not result in a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances in that the implementation of
the development standards will result in residential development within
residentially zoned properties and the proposed standards are intended to
preserve the characteristics and activity within single family residential zones;
(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 in that there are no designated
scenic highways within the City of Downey;
(4)Not be located on a hazardous waste site included on any list compiled pursuant
to § 65962.5 of the Government Code. The proposed standards are applicable to
single family residential zones only and, no single family residentially zoned
properties are listed as a hazardous waste site; or
(5)Not result in a substantial adverse change in the significance of a historical
resource in that the proposed standards prohibit the demolition or alteration of
historically designated properties.
Each of the foregoing exemptions is asserted in the alternative and each is
independently sufficient to fully exempt the whole of the project.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff concludes that both findings required to
approve the amendment can be made in a positive manner. As such, staff is recommending
that the Planning Commission adopt the proposed Resolution recommending that the City
Council approve Zone Text Amendment (PLN-22-0004).
EXHIBITS
A.Draft Resolution
a.Proposed Ordinance
B.Senate Bill 9 Text
PC Agenda Page 5
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-22-0004), THEREBY AMENDING SECTIONS OF
CHAPTER 3 AND CHAPTER 9 OF ARTICLE IX OF THE MUNICIPAL CODE
REGARDING URBAN LOT SPLITS AND TWO-UNIT PROJECTS WITHIN
SINGLE-FAMILY RESIDENTIAL (R-1) ZONES.
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOW S:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. In 2021, the California Legislature approved and the Governor signed into law
Senate Bill 9 (“SB-9”) which, among other things, adds Section 65852.21 and
66411.7 to the Government Code enacting new limits on local authority to regulate
urban lot splits and two-unit projects, and;
B. SB-9 allows local agencies to adopt objective design, development, and subdivision
standards for urban lot splits and two-unit projects, and;
C. SB-9 took effect January 1, 2022, and preempts any conflicting city ordinance, and;
D. 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
governed by SB-9, and
E. On January 6, 2022, notice of the pending zone text amendment was published in
the Downey Patriot as a 1/8 th page ad in accordance with the requirements of the
Downey Municipal Code; and,
F. The Planning Commission held a duly noticed public hearing on January 19, 2022,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution.
SECTION 2. Under California Government Code sections 65852.21, subd. (j), and
66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions
of Government Code sections 66411.7 and 65852.21, which is California’s SB 9 Law and which
regulates 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 the State’s SB 9 Law.
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
PC Agenda Page 6
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 2
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 Planning Commission 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 Planning Commission finds that the ordinance will:
(1) Not result in a potentially significant cumulative impact in that the residential
zones were planned to accommodate low density residential development. The
proposed standards seek to comply with new state legislature to allow increased
low-density housing and establishes parameters to prevent impacts that would
result from higher density development;
(2) Not result in a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances in that the implementation of
the development standards will result in residential development within
residentially zoned properties and the proposed standards are intended to
preserve the characteristics and activity within single family residential zones;
(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 in that there are no designated
scenic highways within the City of Downey;
(4) Not be located on a hazardous waste site included on any list compiled pursuant
to § 65962.5 of the Government Code. The proposed standards are applicable to
single family residential zones only and, no single family residentially zoned
properties are listed as a hazardous waste site; or
(5) Not result in a substantial adverse change in the significance of a historical
resource in that the proposed standards prohibit the demolition or alteration of
historically designated properties.
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. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The appropriate development of the community, and its
neighborhoods, is achieved through the provision of adequate development
standards as the needs of the community and legislature evolve. This amendment
is prepared in response to new state legislation which has the potential to
significantly alter the character of all single-family neighborhoods throughout the
PC Agenda Page 7
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 3
City by increasing density with little regulation. The objective development
standards within the proposed Ordinance introduce development standards and
apply design guidelines intended to promote quality design, while simultaneously
complying with the strict provisions of Senate Bill 9 (SB 9). Future development
under SB 9 will be subject to the proposed development standards and design
guidelines, as well as the required review process, to ensure that any potential
effects in public health, safety, and general welfare will be mitigated as much as
possible.
B. The proposed amendment is in general conformance with the General Plan. The
project is in conformance with all applicable objectives, policies, and programs
specified in the City’s General Plan. Specifically, the project primarily affects the
Single Family Residential (R-1) zones and the General Plan Designation areas of
Low Density Residential. The land use designation of “Low Density Residential”, as
described in the General Plan, calls for stable residential neighborhoods with high-
quality of character. A contributing factor to the stability of neighborhoods is
cohesion amongst homes in the neighborhood. The previous statements
summarize the intent of the development standards incorporated into the proposed
Ordinance. In addition, the following are policies promoted by the proposed Zone
Text Amendment:
Policy 1.3.2. – Monitor and address changes in land use trends.
Program 1.3.2.2. Adjust the codes, policies, and regulations in response
to changes in land use trends.
In compliance with this policy, City staff has prepared an Ordinance with proposed
development standards to reflect compliance with new land use legislation recently
put into effect by the state. The provisions within the proposed Ordinance seek
compliance with state regulations while seeking to implement objective standards
for the preservation of single family residences to the greatest extent possible.
Policy 1.4.1. Promote Neighborhood Identity.
Program 1.4.1.5. Provide public information on ways residents and
property owners can improve their neighborhoods.
Goal 1.4 – Protect and enhance the residential neighborhoods.
Policy 1.4.2. Promote residential construction that complements existing
neighborhoods.
Program 1.4.2.1. Discourage residential construction not in
harmony with the surrounding neighborhood.
Program 1.4.2.2. Adopt standards to address the appropriate
relationship between building size and lot size, such as maximum
floor area ratio.
Program 1.4.2.3. Promote building designs with second story
additions to address scale, bulk and massing.
Program 1.4.2.5. Discourage the removal of trees and other
vegetation.
Senate Bill 9 provides for increased density by permitting the subdivision of single-
family residential properties to a minimum size of 1,200 square feet; far less than
the existing minimum lot size of 5,000 sq. ft. This bill also allows reduced rear and
side setbacks to 4 feet instead of the 10% of the lot width when necessary to allow
two units on a single lot. The unregulated application of these standards has the
PC Agenda Page 8
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 4
potential to significantly alter the character of all single-family neighborhoods. The
bill does allow local jurisdictions to apply objective standards as long as the
standards do not prevent urban lot splits or the development of two units on a lot.
The proposed standards are incorporated to protect the character of these
neighborhoods to the greatest extent possible.
Goal 8.1. Promote quality design for new, expanded, and remodeled construction.
Policy 8.1.1 Promote architectural design of the highest quality.
Program 8.1.1.1. Discourage construction with architectural
design of poor quality.
Program 8.1.1.2. Assist home owners and builders by providing
design guidelines to illustrate good design.
The proposed development standards are intended to meet this objective by
providing objective standards for residential development constructed under
provisions of Senate Bill 9. The proposed development standards will require new
development to utilize existing design guidelines applicable to all R-1 zoned
properties and establishes building articulation and privacy requirements to be
incorporated into new residential developments.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Chapter 3 and Chapter 9 of Article IX of the Downey Municipal Code subject to
the draft Ordinance included hereto as “Attachment A.”
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
Miguel Duarte, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 19th day of January,
2022, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 9
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 5
ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING
SECTION 9965 TO CHAPTER 9 OF ARTICLE IX OF THE DOWNEY
MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND AMENDING
SECTION 9312.08 OF CHAPTER 3 OF ARTICLE IX OF THE DOWNEY
MUNICIPAL CODE RELATING TO TWO UNIT PROJECTS IN THE R-1 ZONE
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Downey, California (“City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
WHEREAS, in 2021, the California Legislature approved and the Governor signed into
law Senate Bill 9 (“SB-9”) which, among other things, adds Section 65852.21 and 66411.7 to
the Government Code enacting new limits on local authority to regulate urban lot splits and two-
unit projects, and;
WHEREAS, SB-9 allows local agencies to adopt objective design, development, and
subdivision standards for urban lot splits and two-unit projects, and;
WHEREAS, SB-9 took effect January 1, 2022, and preempts any conflicting city
ordinance, and;
WHEREAS, 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
governed by SB-9, and;
WHEREAS, the approval of urban lot splits and two-unit projects based solely on the
default statutory standards, without local regulations governing lot size, 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; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 19,
2022, where, after consideration of all facts and testimony presented at said hearing, voted to
recommend _____ to City Council, and;
WHEREAS, on January 27, 2022 a notice of pending Zone Text Amendment was
published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the
Downey Municipal Code, and;
WHEREAS, the City Council held a duly noticed public hearing on February 8, 2022, and
considered all oral and written testimony and facts and opinions offered at the aforesaid public
hearing,and;
WHEREAS, on February 22, 2022, a second reading of this Ordinance was held before
the City Council and the City Council voted to ____ the proposed Zone Text Amendment.
PC Agenda Page 10
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. 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, subd. (j), and
66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions
of Government Code sections 66411.7 and 65852.21, which is California’s SB 9 Law and which
regulates 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 the State’s SB 9 Law.
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 in that the residential
zones were planned to accommodate low density residential development. The
proposed standards seek to comply with new state legislature to allow increased
low-density housing and establishes parameters to prevent impacts that would
result from higher density development;
(2) Not result in a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances in that the implementation of
the development standards will result in residential development within
residentially zoned properties and the proposed standards are intended to
preserve the characteristics and activity within single family residential zones;
(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 in that there are no designated
scenic highways within the City of Downey;
PC Agenda Page 11
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 7
(4) Not be located on a hazardous waste site included on any list compiled pursuant
to § 65962.5 of the Government Code. The proposed standards are applicable to
single family residential zones only and, no single family residentially zoned
properties are listed as a hazardous waste site; or
(5) Not result in a substantial adverse change in the significance of a historical
resource in that the proposed standards prohibit the demolition or alteration of
historically designated properties.
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. Section 9965 is hereby added to Chapter 9 of Article IX of the Downey
Municipal Code, and shall read as follows:
SECTION 9965. 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.
SECTION 9965.1. Definitions.
1) “Urban lot split” means the subdivision of an existing, legally subdivided
lot into two lots in accordance with the requirements of this section.
2) “Unit” means any dwelling unit, including, but not limited to, a unit or units
created pursuant to Government Code Section 65852.21, a primary
dwelling, an accessory dwelling unit as defined in Government Code
Section 65852.2, or a junior accessory dwelling unit as defined in
Government Code Section 65852.22.
SECTION 9965.2. Application.
a) Owners.
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) Any person with a mortgage interest in the lot to be split under this
section must sign the application and the parcel map indicating the
person’s consent to the project.
b) 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.
c) 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
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council may establish and change the fee by resolution. The fee must be paid
with the application.
SECTION 9965.3. Approval.
a) An application for a parcel map for an urban lot split is approved or denied
ministerially, by the planning director, without discretionary review.
b) 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.
c) 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.
d) 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.
SECTION 9965.4. Requirements. An urban lot split must satisfy each of the following
requirements:
a) Map Act Compliance.
1) The urban lot split must conform to all applicable objective requirements
of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”) and
implementing requirements in this code, except as otherwise expressly
provided in this section.
2) If an urban lot split violates any part of the SMA, the city’s subdivision
regulations, including this section, or any other legal requirement:
(i) 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.
(ii) 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.
3) 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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b) Zone. The lot to be split is in a subzone of the single-family residential zone
(R-1).
c) Lot Location.
1) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is
zoned or designated for agricultural protection or preservation by
the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site
complies with all fire-hazard mitigation measures required by
existing building standards.
(iv) A hazardous waste site that has not been cleared for residential
use.
(v) Within a delineated earthquake fault zone, unless all development
on the site complies with applicable seismic protection building
code standards.
(vi) 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.
(vii) Within a regulatory floodway, unless all development on the site
has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted
natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
2) The purpose of subpart c)1) 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).)
3) The applicant must provide evidence that the requirements of
Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
d) 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
landmark or as a historic property or district.
e) No Prior Urban Lot Split.
1) The lot to be split was not established through a prior urban lot split.
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Downey Planning Commission
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January 19, 2022 - Page 10
2) 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. “Any person acting in concert with the
owner” here includes any third-party that coordinates or assists the
owners of two adjacent lots with their respective urban lot splits.
f) No Impact on Protected Housing.
1) The urban lot split must not require or include the demolition or alteration
of any of the following types of housing:
(i) Housing that is income-restricted for households 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 policy power.
(iii) 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.
(iv) Housing that has been occupied by a tenant in the last three
years.
2) As part of the urban lot split application, the applicant and the owner of a
property must provide a sworn statement by affidavit representing and
warranting that subpart f)1) above is satisfied.
(i) The sworn statement must state that:
(I) No housing that is income-restricted for households of
moderate, low, or very low income will be demolished or
altered.
(II) No housing that is subject to any form of rent or price
control will be demolished or altered.
(III) No housing that has been withdrawn from rental or lease
under the Ellis Act at any time in the last 15 years will be
demolished or altered.
(IV) No housing that has been occupied by a tenant in the last
three years will be demolished or altered.
(ii) 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.
g) Lot Size.
1) The lot to be split must be at least 2,400 square feet.
2) The resulting lots must each be at least 1,200 square feet.
3) Each of the resulting lots must be between 60 percent and 40 percent of
the original lot area.
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Resolution No.
Downey Planning Commission
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January 19, 2022 - Page 11
h) Easements.
1) 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.
2) Each easement must be shown on the tentative parcel map.
3) 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 b) above.
4) 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.
i) Lot Access.
1) Each resulting lot must adjoin the public right of way.
2) Each resulting lot must have frontage on the public right of way of at least
12.5 feet.
j) Unit Standards.
1) 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 YY.YYY of this code, an ADU,
or a JADU
2) Unit Size.
(i) 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.
(ii) 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.
(iii) 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.
3) Height Restrictions.
(i) 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.
(ii) 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. Any portion of a
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Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 12
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.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot resulting from an urban lot split.
4) Lot Coverage. A maximum lot coverage of 45% is permitted. 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.
5) Open Space. Open space in the amount of 300 sq. ft. per unit shall be
provided with a minimum dimension of 10 ft. The required open space
shall be one consecutive area and shall not include setbacks. This open
space standard is only enforced to the extent that it does not prevent two
primary dwelling units on the lot at 800 square feet each.
6) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks
that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart j)6)(i) 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.
(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 areas
must:
(I) be kept free from all structures greater than three feet high;
(II) be fully landscaped, except approved walkways and
driveways, 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.
7) 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, within a
garage, per unit unless one of the following applies:
PC Agenda Page 17
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 13
(i) 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
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit
service, or
(ic) 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.
(ii) The site is located within one block of a car-share vehicle location.
8) Architecture.
(i) 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.
(ii) 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.
(iii) All residential development within an R-1 zone is subject to the
objective architectural guidelines provided in Chapter 3 of this
Municipal Code. The objective design guidelines checklist must be
utilized in the design and any new residential development in the
R-1 zones.
(iv) All exterior lighting must be limited to down-lights.
(v) 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.
(vi) 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.
9) Landscaping.
(i) Tree Removal.
(I) No mature tree may be removed on a lot with any
development under this chapter unless removal is
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Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 14
necessary to constructing a dwelling unit that must be
allowed under state law.
(II) “Mature tree” means a tree with a diameter of six inches or
more or a height of eight feet or taller.
(III) A tree may only be removed under subparagraph j)9)(i)(I)
above if it is replaced with at least two mature trees of the
same type and with a trunk diameter that is the same or
larger than that of the removed tree.
(IV) If a certified arborist determines that there is not space on
the lot for a replacement tree that is required under
subparagraph j)9)(i)(III) above, owner may pay the
replacement cost of the tree, as determined by the city’s
tree-replacement cost schedule.
(ii) Evergreen landscape screening must be planted and maintained
between each dwelling and adjacent lots (but not rights of way) as
follows:
(I) At least one 15-gallon size plant shall be provided for
every five linear feet of exterior wall. Alternatively, at least
one 24-inch box size plant shall be provided for every ten
linear feet of exterior wall.
(II) Plant specimens must be at least six feet tall when
installed. As an alternative, a solid fence of at least six feet
in height may be installed.
(III) All landscaping must be drought-tolerant.
(IV) All landscaping must be from the city’s approved plant list.
10) Nonconforming Conditions. An urban lot split is approved without
requiring a legal nonconforming zoning condition to be corrected.
11) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct
utility connection to the utility service provider.
(ii) Notwithstanding paragraph j)11)(i) above, a primary dwelling unit
may have a direct utility connection to an onsite wastewater
treatment system in accordance with this paragraph and the city’s
code. Each primary dwelling unit on the lot that is or that is
proposed to be connected to an onsite wastewater treatment
system must first have a percolation test completed within the last
five years or, if the percolation test has been recertified, within the
last 10 years.
(iii) All utilities must be underground.
12) 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.
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Downey Planning Commission
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January 19, 2022 - Page 15
k) Fire-Hazard Mitigation Measures.
1) A lot in a very high fire hazard severity zone must comply with each of the
following fire-hazard mitigation measures:
(i) 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.
(ii) All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers.
(iv) 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.
(v) 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.
2) 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 k). 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.
l) Separate Conveyance.
1) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split
may not be owned or conveyed separately from each other.
(ii) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an
urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held
equally and undivided by all individual property owners.
(iv) No timeshare, as defined by state law or this code, is permitted.
This includes any co-ownership arrangement that gives an owner
the right to exclusive use of the property for a defined period or
periods of time.
2) 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
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January 19, 2022 - Page 16
documentation that is necessary to allocate rights and responsibility
between the owners of the two lots.
m) Regulation of Uses.
1) Residential-only. No non-residential use is permitted on any lot created
by urban lot split.
2) No STRs. 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.
3) 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 years after the urban lot split is approved.
n) Notice of Construction.
1) 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:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction,
(iii) The hours of construction,
(iv) Contact information for the project manager (for construction-
related complaints), and
(v) Contact information for the Building & Safety Department.
2) 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.
o) Deed Restriction. The owner must record a deed restriction on each lot that
results from the urban lot split, on a form approved by the city, that does each of
the following:
1) Expressly prohibits any rental of any dwelling on the property for a period
of less than 30 days.
2) Expressly prohibits any non-residential use of the lots created by the
urban lot split.
3) Expressly prohibits any separate conveyance of a primary dwelling on the
property, any separate fee interest, and any common interest
development within the lot.
4) States that:
(i) The lot 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.
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January 19, 2022 - Page 17
(ii) Development on the lot is limited to development of residential
units under sections 9965 and 9312.08 of this code, except as
required by state law.
2) Specific Adverse Impacts.
a) 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.
b) “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).
c) The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
SECTION 4. Section 9312 of Chapter 3 of Article IX of the Downey Municipal Code is
hereby amended and shall read as follows:
SECTION 9312.06. RESIDENTIAL ZONES USE REGULATIONS.
Table 9.3.2. Residential Zones Use Regulations
Use
R-1
(all
lot
sizes)
R-2 R-3 R-3-O Notes and Exceptions
Residential
Accessory dwelling units P P P P Subject to Section 9414
Apartments NP P P NP
Condominiums NP P P P
Conversion of buildings
to multiple ownership
NP NP C C Subject to Section 9510
Duplex dwellings NP P P P Site Plan Review is required for R-
3 and R-3-O
Family day care home,
child
large (9-14) P P P P
small (8 or fewer) P P P P
Home occupations P P P P Subject to Section 9408
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January 19, 2022 - Page 18
Junior accessory dwelling
units
NP NP NP NP
Mobile
homes/manufactured
home parks
C C C C
Multi-family dwellings NP NP P P
Prefabricated housing P P P P Requires Site Plan Review subject
to Section 9820
Rooming house NP NP C NP
Residential care facility
large (7-14) C C C C
small (6 or fewer) P P P P
Senior citizen housing
development
NP NP P P Subject to Section 9418
Single-family dwellings
(detached)
P Pa Pa Pa Detached single-family dwellings
only
Single resident
occupancy
NP NP C NP Subject to Section 9430.06
Special events P P P P Subject to Section 9420
Townhomes NP P P P
Transitional/supportive
housing
P P P P Subject to Section 9430.06
Two-Unit Project P NP NP NP Subject to Section 9312.08(c)
Section 9312.08(c) Two-unit Projects
1) Purpose. The purpose of this section is to allow and appropriately regulate two-unit
projects in accordance with Government Code section 65852.21.
2) 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.
3) Application.
a) Owners.
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
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January 19, 2022 - Page 19
2) 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 Rev. & Tax Code § 214.15).
3) Any person with a mortgage interest in the lot to be split under this
section must sign the application and the parcel map indicating the
person’s consent to the project.
b) An application for a two-unit project must be submitted on the city’s approved
form.
c) The applicant must obtain a certificate of compliance with the Subdivision Map
Act and the implementing regulations in this code for the lot and provide the
certificate with the application.
d) 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.
e) 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.
4) Approval.
a) An application for a two-unit project is approved or denied ministerially, by the
planning director, without discretionary review.
b) 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.
c) 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.
d) 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.
5) Requirements. A two-unit project must satisfy each of the following requirements:
a) Map Act Compliance. The lot must have been legally subdivided.
b) Zone. The lot is in a single-family residential zone
c) Lot Location.
1) The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is
zoned or designated for agricultural protection or preservation by
the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site
complies with all fire-hazard mitigation measures required by
existing building standards.
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Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 20
(iv) A hazardous waste site that has not been cleared for residential
use.
(v) Within a delineated earthquake fault zone, unless all development
on the site complies with applicable seismic protection building
code standards.
(vi) 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.
(vii) Within a regulatory floodway, unless all development on the site
has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted
natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
2) The purpose of subpart c)1) 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).)
3) The applicant must provide evidence that the requirements of
Government Code section 65913.4(a)(6)(B)–(K) are satisfied.
d) 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 landmark or as
a historic property or district.
e) No Impact on Protected Housing.
1) The two-unit project must not require or include the demolition or
alteration of any of the following types of housing:
(i) Housing that is income-restricted for households 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 policy power.
(iii) 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.
(iv) Housing that has been occupied by a tenant in the last three
years.
PC Agenda Page 25
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 21
2) As part of the two-unit project application, the applicant and the owner of
a property must provide a sworn statement by affidavit representing and
warranting that subpart 5)e)1) above is satisfied.
(i) The sworn statement must state that:
(I) No housing that is income-restricted for households of
moderate, low, or very low income will be demolished or
altered.
(II) No housing that is subject to any form of rent or price
control will be demolished or altered.
(III) No housing that has been withdrawn from rental or lease
under the Ellis Act at any time in the last 15 years will be
demolished or altered.
(IV) No housing that has been occupied by a tenant in the last
three years will be demolished or altered.
(ii) 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.
f) Unit Standards.
1) Quantity.
(i) 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.
(ii) 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.
2) Unit Size.
(i) 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.
(ii) 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.
(iii) 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.
PC Agenda Page 26
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 22
3) Height Restrictions.
(i) 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.
(ii) 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. Any portion of a
new primary dwelling that exceeds one story must be stepped
back by an additional five feet from the ground floor exterior walls;
no balcony deck or other portion of the second story may project
into the stepback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot with a two-unit project.
4) 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.
5) Lot Coverage. A maximum lot coverage of 45% is permitted. 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.
6) Open Space. Each unit shall be provided with 300 sf of useable open
space; with a minimum side of 10 ft. This open space standard is only
enforced to the extent that it does not prevent two primary dwelling units
on the lot at 800 square feet each.
7) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks
that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart 5)f)7) 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.
(iii) Front Setback Area. Notwithstanding any other part of this code,
dwellings that are constructed under this section 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;
PC Agenda Page 27
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 23
(II) be 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.
8) Parking. Each new primary dwelling unit must have at least one enclosed
off-street parking space, within a garage, per unit unless one of the
following applies:
(i) 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
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit
service, or
(ic) 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.
(ii) The site is located within one block of a car-share vehicle location.
9) Architecture.
(i) 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.
(ii) If there is no legal primary dwelling on the lot before the two-unit
project, 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.
(iii) All new residential development is subject to compliance with
objective R-1 design standards within this chapter. All new
residential development is subject to the guideline and objective
architecture checklist.
(iv) All exterior lighting must be limited to down-lights.
(v) 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.
(vi) 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
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Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 24
bottom of the glass at least six feet above the finished floor, or (for
windows and for doors) utilize frosted or obscure glass.
10) Landscaping. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not rights of
way) as follows:
(i) At least one 15-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one 24” box size
plant shall be provided for every ten linear feet of exterior wall.
(ii) Plant specimens must be at least six feet tall when installed. As an
alternative, a solid fence of at least 6 feet in height may be
installed.
(iii) All landscaping must be drought-tolerant.
(iv) All landscaping must be from the city’s approved plant list.
11) Tree Preservation. In cases where an addition or new construction is
being proposed to provide for urban dwelling, the property owner must
not remove mature trees on site. A mature tree is defined as trees with a
diameter-at-breast-height (DBH)_ of 19-inches or greater. A removal
includes moving a tree or removing more than one-third of a tree’s
vegetation. In addition to preservation of the tree, the owner must record
a covenant showing the location of the mature tree, requiring all trimming
of the tree to be overseen by a licensed arborist, prohibiting the tree from
being topped, and that the City must approve of any removal of the tree.
12) Nonconforming Conditions. A two-unit project may only be approved if
all nonconforming zoning conditions are corrected.
13) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct
utility connection to the utility service provider.
(ii) Notwithstanding paragraph 5)f)13)(i) above, a primary dwelling
unit may have a direct utility connection to an onsite wastewater
treatment system in accordance with this paragraph and the city’s
code. Each primary dwelling unit on the lot that is or that is
proposed to be connected to an onsite wastewater treatment
system must first have a percolation test completed within the last
five years or, if the percolation test has been recertified, within the
last 10 years.
(iii) All utilities must be underground.
14) 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.
15) LEED Platinum Certification. The property owner must demonstrate
that the property has achieved LEED Platinum certification. This
requirement does not apply to conversions of and additions to existing
buildings.
PC Agenda Page 29
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 25
16) Exceptions to Objective Standards. Any 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 must be set aside. Objective
zoning standards will be set aside in the following order until the site can
contain two, 800 square foot units.
(i) Lot Coverage
(ii) Floor Area Ratio
(iii) Open Space
(iv) Tree Preservation
(v) Articulation
(vi) Second Floor Stepback
g) Fire-Hazard Mitigation Measures.
1) A lot in a very high fire hazard severity zone must comply with each of the
following fire-hazard mitigation measures:
(i) 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.
(ii) All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers.
(iv) 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.
(v) 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.
2) 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 5)g). 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.
h) Separate Conveyance.
1) Primary dwelling units on the lot may not be owned or conveyed
separately from each other.
2) Condominium airspace divisions and common interest developments are
not permitted within the lot.
3) All fee interest in the lot and all the dwellings must be held equally and
undivided by all individual property owners.
PC Agenda Page 30
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 26
(i) No timeshare, as defined by state law or this code, is permitted.
This includes any co-ownership arrangement that gives an owner
the right to exclusive use of the property for a defined period or
periods of time.
i) Regulation of Uses.
1) Residential-only. No non-residential use is permitted on the lot.
2) No STRs. No dwelling unit on the lot may be rented for a period of less
than 30 days.
3) 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.
j) Notice of Construction.
1) 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:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction,
(iii) The hours of construction,
(iv) Contact information for the project manager (for construction-
related complaints), and
(v) Contact information for the Building & Safety Department.
2) 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.
k) Deed Restriction. The owner must record a deed restriction, on a form approved
by the city, that does each of the following:
1) Expressly prohibits any rental of any dwelling on the property for a period
of less than 30 days.
2) Expressly prohibits any non-residential use of the lot.
3) Expressly prohibits any separate conveyance of a primary dwelling on the
property, any separate fee interest, and any common interest
development within the lot.
4) If the lot does not undergo 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.
(i) Property owner must provide for an inspection by City officials
every six months for the first three years to ensure the property
PC Agenda Page 31
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 27
owner is living onsite. The property owner must pay the special
inspection fee as set forth in the City’s fee resolution.
5) Limits development of the lot to residential units that comply with the
requirements of this section, except as required by state law.
6) Specific Adverse Impacts.
a) 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.
b) “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).
c) The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
7) Remedies.
If a two-unit project violates any part of this code or any other legal requirement:
a) The buyer, grantee, or lessee of any part of the property has an action for
damages or to void the deed, sale, or contract.
b) The city may:
1) Bring an action to enjoin any attempt to sell, lease, or finance the
property.
2) Bring an action for other legal, equitable, or summary remedy, such as
declaratory and injunctive relief.
3) 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.
4) Record a notice of violation.
5) Withhold any or all future permits and approvals.
6) Pursue all other administrative, legal, or equitable remedies that are
allowed by law or the city’s code.
SECTION 5. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
PC Agenda Page 32
Resolution No.
Downey Planning Commission
Zone Text Amendment (Urban Lot Splits & Two-Unit Projects) - PLN-22-0004
January 19, 2022 - Page 28
SECTION 6. The City Council hereby directs staff to prepare, execute, and file with the
Los Angeles County Clerk a notice of exemption within five (5) working days of the adoption of
this Ordinance.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Downey,
California at a regular meeting of the City Council on this 8th day of Febraury, 2022.
___________________________________
BLANCA PACHECO, Mayor
ATTEST:
_______________________________
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance No. was presented at a public
hearing at a regular meeting of the City Council held on the 8th day of February, 2022, and
adopted at a regular meeting of the City Council of the City of Downey held on the 22nd day of
February, 2022, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. , was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
______________, 2022 (after adoption, including the vote thereon). It was also posted in the
regular posting places in the City of Downey on the same dates.
___________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
PC Agenda Page 33
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. 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
PC Agenda Page 34
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.
PC Agenda Page 35
DIGEST KEY Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years.
PC Agenda Page 36
(6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. (2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
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(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.
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(3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
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(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
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(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.
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(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the
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tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.
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(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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