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HomeMy WebLinkAbout2022-03-09 - Agenda Packet 14 i- a7 �r r j CITY OF RANCHO CUCAMONGA r r rr r� HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA March 9, 2022 7:00 p.m. A. Call to Order and Pledge of Allegiance B. Public Communications This is the time and place for the general public to address the Planning/Historic Preservation Commission ("Planning Commission") on any Consent Calendar item or any item not listed on the agenda that is within the Commission's subject matter jurisdiction. The Planning Commission may not discuss any issue not included on the agenda but may set the matter for discussion during a subsequent meeting. C. Consent Calendar Cl. Consideration to adopt Regular Meeting Minutes of February 9 and 23, 2022. D. General Business D1. Discussion Regarding Senate Bill (SB) 9 Regulations E. Director Announcements F. Commission Announcements G. Adjournment TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. illIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at(909)477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium. State your name for the record and speak into the microphone. After speaking, please complete a speaker card located on the podium. It is important to list your name, address (optional) and the agenda item letter your comments refer to. Comments will be limited to 5 minutes per individual. If a large number of individuals wish to speak on an item, the Chair may limit the time to 3 minutes in order to provide an opportunity for more people to be heard. Speakers will be alerted when their time is up, and no further comments will be permitted. If you wish to speak concerning an item not on the agenda, you may do so under"Public Communications." Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. As an alternative to participating in the meeting, you may submit comments in writing to Elizabeth.Thornhill@cityofrc.us by 12:00 p.m. on the date of the meeting. Written comments will be distributed to the Commissioners and included in the record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are available at www.CityofRC.us. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$3,279 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while meeting is in session. Copies of the Planning Commission agendas, staff reports, and minutes can be found at www.CitvofRC.us. I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday, March 3, 2022, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. HPC/PC Agenda — March 9, 2022 Page 2 of 2 r r.., r �r CITY OF RANCHO CUCAMONGA 11111\ r� r r� Historic Preservation Commission and Planning Commission Agenda March 9, 2022 MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on March 9, 2022. The meeting was called to order by Chair Dopp 7:03 p.m. A. Roll Call Planning Commission present: Chair Dopp, Commissioner Morales, Commissioner Boling and Commissioner Daniels; Commissioner Williams. Staff Present: Serita Young, Assistant City Attorney; Matt Burris, AICP, LEED AP, Deputy City Manager-Community Development, Interim Planning Director; Jennifer Nakamura, Deputy Director of Planning; Mike Smith, Principal Planner; Brian Sandona, Principal Civil Engineer; David F. Eoff IV, Senior Planner; Sean McPherson, Senior Planner; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chair Dopp opened the public communications and hearing no one, closed public communications. C. Consent Calendar Cl. Consideration to adopt Regular Meeting Minutes of February 9 and February 23, 2022. February 9th Minutes - Motion to adopt by Commissioner Boling, second by Commissioner Daniels. Motion carried 4-0 vote. Abstain -Vice Chair Williams. February 23 Minutes - Motion to adopt by Commissioner Boling, second by Commissioner Williams. Motion carried unanimously 5-0 vote. D. General Business Dl. Discussion Regarding Senate Bill (SB) 9 Regulations Sean McPherson, Senior Planner, presented Commissioners with a Staff Report and presentation (copy on file). Sean McPherson provided information on Senate Bill 9 that went into law September 2021, which requires ministerial approval of two types of projects within single family residential zones. Mainly, two-unit projects, referred to as duplexes. Reason for this is due to the housing shortage/housing affordability crisis impacting the State. He said the scope of SB9 on these two projects, urban lot splits and two-unit projects, are now permitted subject to certain criteria without the need for public hearings. SB9 became effective as of Januaryl, 2022. He went into more detail explaining other qualifications and meeting requirements. E. Director Announcements - None F. Commission Announcements — None G. Adjournment Motion by Commissioner Boling, second by Commissioner Williams to adjourn the meeting, motion carried unanimously, 5-0 vote. Meeting was adjourned at 7:44 p.m. Respectfully submitted, Elizabeth Thornhill Executive Assistant, Planning Department Approved: HPC/PC MINUTES— February 9, 2022 Page 2 of 2 Draft r r., ' rr �r CITY OF RANCHO CUCAMONGA s°11. 1.1\ rri r r� Historic Preservation Commission and Planning Commission Agenda February 23, 2022 MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on February 23, 2022. The meeting was called to order by Chair Dopp 7:00 p.m. A. Roll Call Planning Commission present: Chair Dopp, Commissioner Morales, Commissioner Boling and Commissioner Daniels, Commissioner Williams. Staff Present: Serita Young, Assistant City Attorney; Matt Burris, AICP, LEED AP, Deputy City Manager-Community Development, Deputy Director of Planning; Jennifer Nakamura; Mike Smith, Principal Planner; Jason Welday, Engineering Services Director; Brian Sandona, Principal Civil Engineer; David F. Eoff IV, Senior Planner; Daniela Rodriguez, Administrative Assistant. B. Public Communications Chair Dopp opened the public communications and hearing no one, closed public communications. C. Consent Calendar Dl. PROPOSED EXTENSION OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 — GOLDEN MEADLOWLAND, LLC - A request for approval of a sixth 1-year extension of time ("EOT") for previously approved Tentative Tract Map SUBTT16072, a subdivision of 150.79 acres located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue into 358 lots in the Low (2-4 dwelling units per acre) and Very Low (up to 2 dwelling units per acre) Residential Districts of the Etiwanda North Specific Plan. APNs: 1087-081-12, -19, -20, -21, -22, -23, and -24. Pursuant to the California Environmental Quality Act (CEQA), the proposed EOT is covered by a prior Environmental Impact Report (EIR) certified by the City Council on June 16, 2004, by City Council Resolution 04-206. No further environmental review is required for the proposed EOT, which is within the scope of the previous EIR. All requirements, mitigations, and conditions of approval associated with the certified EIR and approved Tentative Tract Map SUBTT16072 remain applicable and must be complied with. (Planning Commission directed staff to prepare a Resolution of Approval. Continued from January 26, 2022, and February 9, 2022, Planning Commission Meetings.) David Eoff, Senior Planner, presented Commissioners with a Staff Report and presentation (copy on file). Chair Dopp opened public hearing. For the record, it is noted the following correspondence was received after the preparation of the agenda packet. The actual correspondence should be referred to for details: • Craig Cristina, V.P. Richland, thanking the Planning Commission to direct staff to draft a resolution and supporting findings to extend the Tentative Map. Chair Dopp closed public hearing. All Commissioners stated their support of the extension of time. Motion by Commissioner Boling; Second motion by Commissioner Daniels. Motion carried 4-0 vote adopting Resolution 22-05 for 1-year Extension of Time. (Abstain - Vice Chair Williams) E. Director Announcements - None F. Commission Announcements — None G. Adjournment Motion by Commissioner Williams, second by Commissioner Boling to adjourn the meeting, motion carried unanimously, 5-0 vote. Meeting was adjourned at 7:11 p.m. Respectfully submitted, Elizabeth Thornhill Executive Assistant, Planning Department Approved: HPC/PC meeting March 9, 2022. HPC/PC MINUTES— February 23, 2022 Page 2 of 2 FINAL CITY OF RANCHO CUCAMONGA Cri- DATE: March 9, 2022 TO: Chairman and Members of the Planning Commission FROM: Matthew Burris, Deputy City Manager/Interim Planning Director INITIATED BY: Sean McPherson, AICP, Senior Planner SUBJECT: Discussion Regarding Senate Bill (SB) 9 Regulations RECOMMENDATION: Staff recommends that the Planning Commission receive and file as this is an informational report. BACKGROUND: In response to the statewide housing shortage and affordability crisis, on September 16, 2021, Governor Gavin Newsom signed into law Senate Bill (SB) 9, which took effect January 1, 2022, requiring the ministerial review of two types of development applications within single-family residential zones: two lot subdivisions (known as "Urban Lot Splits"), and residential development projects of up to 2 units per lot ("Two- Unit Projects"), subject to certain qualifying criteria. Because SB 9 requires that these applications be approved on a ministerial basis, the City cannot hold public hearings or consider subjective factors, such as aesthetics and neighborhood character for qualifying applications which meet basic criteria. In short, this legislation makes it possible in some instances for there to be up to 4 units constructed on a single-family zoned lot where only one single family residence previously existed, inclusive of Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). To address local concerns related to this statewide legislation, on December 1, 2021, the City Council discussed certain policy and development code considerations in response to this legislation. Subsequent to this, on January 19, 2022, the City Council adopted Interim Urgency Ordinance 994 which established certain objective zoning and subdivision standards intended to protect the health, safety and welfare of the public. As Interim Urgency Ordinance 994 was limited to a 45-day term, and as staff continues to research this topic and work with professional consultants on updating the Development Code to come into conformance with the recently adopted General Plan, on February 10, 2022, the City Council issued a 10-day report pursuant to California Government Code 65858 describing staff's progress on alleviating the need for the interim urgency ordinance. Subsequent to this, on March 2, 2022, the City Council adopted another Interim Urgency Ordinance, 996, which extended the interim zoning and subdivision standards until such time that staff is prepared to present a permanent ordinance to the Planning Commission and City Council. To ensure that staff continues to work toward preparing a permanent ordinance regarding SB 9 development, staff offers the following next steps: 1. Ongoing - Continue to work with property owners and various stakeholders to augment or revise the interim urgency ordinance to better protect the public health, safety and welfare; 2. March 9, 2022 - Provide an informational update to the Planning Commission; Page 1 3. Prior to the expiration of the interim urgency ordinance, hold duly noticed public hearings before the Planning Commission and City Council regarding the adoption of a permanent ordinance. If the City is unable to complete the steps outlined above before January 20, 2023, the City. To reference the full public record on this item, staff reports from the above referenced City Council meetings have been included with this report as attachments. FISCAL IMPACT: None. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Establishing an interim urgency ordinance to protect the public health, safety and welfare promotes multiple City Council "Core VAlues" including: • Providing and nurturing a high quality of life for all; • Promoting and enhancing a safe and healthy community for all; • Intentionally embracing and anticipating the future. EXHIBITS: Exhibit 1. City Council Staff Report December 1, 2021 Exhibit 2. City Council Staff Report January 19, 2022 Exhibit 3. City Council Staff Report February 16, 2022 Exhibit 4. City Council Staff Report March 2, 2022 Exhibit 5. Interim Urgency Ordinance 996 Page 2 rn1 CITY OF RANCHO CUCAMONGA r_2 DATE: December 1, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Sean McPherson, AICP, Senior Planner SUBJECT: Receive Presentation on Senate Bill 9 and Provide Direction to Staff on Responding to Upcoming SB 9 Regulations. (CITY) RECOMMENDATION: Staff recommends that the City Council receive and file the report and provide direction to staff on regulations to implement SB 9. BACKGROUND: In response to the housing shortage and affordability crisis, on September 16, 2021, Governor Gavin Newsom signed into law Senate Bill (SB) 9. SB 9, which takes effect January 1, 2022, req uires the ministerial approval of two types of projects within single-family residential zones: two- lot subdivisions (known as "Urban Lot Splits"), and residential development projects of up to 2 units per lot ("Two- Unit Projects"), subject to certain qualifying criteria. Because SB 9 requires that these applications be approved on a ministerial basis, the City cannot hold public hearings or consider subjective factors, such as aesthetics and neighborhood character, for qualifying applications which meet basic criteria. In short, this legislation makes it possible for there to be up to 4 units constructed on a single-family zoned lot where only one single family residence previously existed, inclusive of Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). ANALYSIS: Applicant-property owners now can further develop single-family residential lots by applying for an Urban Lot Split, a Two-Unit Project, or both an Urban Lot Split and Two-Unit Project, subject to certain qualifying criteria and the project meeting specific standards as discussed below: Qualifying Criteria and Standards for Urban Lot Splits: • Proposed adjacent or connected structures must meet building code safety standards and are sufficient to allow separate conveyance. • The applicant-owner must sign an affidavit stating that the owner intends to occupy one of the housing units as the owner's principal residence for at least 3 years following the lot split. Community land trusts and qualified nonprofit corporations are exempt. No other owner-occupancy requirement is allowed. • The minimum lot size of the new parcels is 1,200 square feet, and the new lots must be approximately equal in size with no lot being less than 40 percent of the original lot size. For example, if an existing 10,000 square foot lot is subdivided under SB 9, the maximum Exhibit 1 split could be 6,000 square feet for one new resultant lot and 4,000 square feet for the other resultant lot. • The City cannot require: o Dedication of right of way o Construction of offsite improvements o Correction of nonconforming zoning conditions • The City may require, as conditions of approval: o Easements for public services and facilities o Access to the public right-of-way o Other objective development standards as described below For Two-Unit Projects: • For units connected to an on-site septic system, the City may require a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years. • Objective development standards as described below. In addition, SB 9 establishes general provisions which are applicable for BOTH scenarios: • Zoning — Parcels must be zoned single-family residential and be located within a city any part of which includes an "Urban Cluster" or "Urbanized Area" as defined by the US Census Bureau. Rancho Cucamonga is located within an Urban Cluster, thus single- family residential zones within the City are subject to the provisions of SB 9 which include the Very Low, Low, Open Space and Hillside Residential zoning districts. • Standards — The City may impose objective zoning and subdivision standards, provided such objective standards do not prevent the construction of either of the two units being less than 800 square feet in floor area. • Setbacks - No setbacks are required for an existing structure or a structure constructed within the f ootprint of the original structure. In other circumstances, the City may require four- foot side and rear yard setbacks. The City can apply its own objective front setback, provided that the front setback does not prevent the development of at least two units of at least 800 square feet each. • Parking — One off-street parking space per unit may be required, unless the project is within a half-mile walking distance of a high-quality transit corridor or a major transit stop or, within one block of car share. • Short term rentals -Any unit created as a result will not be used for short-term rentals and must be rented for a term longer than 30 days. • Urban Lot Split AND Two-Unit Project - SB 9 allows for the simultaneous application of both an urban Lot Split and Two-Unit project. In this scenario, no Accessory Dwelling Units (ADU) or Junior Accessory Dwelling Units (JADU) may be permitted to be constructed. Restrictions, Limitations and Reporting Obligations: While SB 9 limits the City's ability to enact discretionary authority, the legislation establishes certain limitations on new development. For example: • Affordable and Rental Housing Restrictions-The Urban Lot Split or Two-Unit Project shall not involve the demolition or alteration of affordable housing, rent-controlled housing, housing that was withdrawn from the rental market within the last 15 years or housing occupied by a tenant (market-rate or affordable) in the past 3 years. • Lot Locations — Subject parcels cannot be within the following areas: o Designated historic district/a historic landmark Page 2 o Wetlands o Farmland o Hazardous waste site (unless the site has been cleared for residential use/mixed- use by the State — Public Health Department, Water Resources Control Board, or Toxic Substance Control) o Earthquake fault zones (unless the development complies with applicable seismic protection building code standards) o Lands under conservation easement o Habitat for protected species o FEMA Flood Plain (unless the site is subject to a FEMA map revision, or if the state meets requirements for minimum flood plain management criteria) o High Fire Hazard Severity Zone (unless the site has been excluded from the hazard zone by the City or if the proposed project incorporates fire hazard mitigations measures pursuant to certain building and fire code standards. • Housing Element Report — The City must report the number of units developed pursuant to SB 9's authority in its annual housing element report. The City must report the number of applications for urban lot splits in its annual housing element report. SB 9 and the California Environmental Quality Act (CEQA): Because applications subject to SB 9 are approved ministerially, CEQA does not apply, and the bill creates a new statutory exemption for an ordinance adopted to implement SB 9. Potential Impact to Rancho Cucamonga: In order to determine the potential impact that SB 9 may have upon the City of Rancho Cucamonga, staff analyzed the number of existing single-family residential zoned parcels in the City. According to the City's ArcGIS data, there are approximately 23,658 parcels within Rancho Cucamonga between the Very Low, Low, Open Space and Hillside Residential zoning district which are eligible for development under SB 9 under either an Urban Lot Split or a Two Unit Project or both. The table below details the breakdown of the location of these parcels by Planning Communities as described in the pending PlanRC General Plan. Planning Approximate Number of SB Communities 9 Eligible Parcels (Lot Split or Two Unit Project) Alta Loma 11,864 Central North 1,198 Cucamonga 5,275 Eastside 105 Etiwanda 4,574 Red Hill 642 Totals 23,658 As discussed above, certain restrictions and limitations apply to single-family residential zoned parcels which prevent further development under SB 9. For example, parcels which are improved with historic landmarks are not eligible for further development under SB 9. Also, parcels located within certain environmentally sensitive areas such wetlands and farmlands are prohibited from accommodating further development under SB 9. Further, properties located within Very High Fire Severity Zones (VHFSZ) are also prohibited from further developing under SB 9 unless the applicant-owner meets a strict set of standards for development. Similar exceptions are applicable Page 3 to Earthquake Fault Zones, FEMA Flood Plains, and Hazardous Waste Sites. Staff notes that there are a minor number of parcels within the fault zones and flood plain within the City. So, while these parcels could technically be developed under SB 9, there would generally be additional regulations with which applicants and property owners would have to comply. Beyond this, there are also practical and financial factors which applicants and property owners must consider. For example, while a lot may technically be eligible for a 50/50 or 60/40 Urban Lot Split, the location of existing structures and buildings on a property might complicate a lot split or render a lot split impractical or financially infeasible. For example, an existing single-family residence which may be located in the center of a lot may be required to be demolished so that an applicant can achieve the maximum 60/40 lot split. The cost of demolishing a single-family home just to accommodate a lot split may be impractical or infeasible for a property owner or applicant. Thus, the numbers provided in this report represent an approximate "worst-case scenario" in terms of the number of lots that could be further developed under SB 9. It is also important to note that certain properties may be prohibited from further developing due to an inability to meet certain building code requirements. For example, the City has adopted a Local Agency Management Plan (LAMP) which regulates onsite water treatment systems (i.e., septic systems). Rancho Cucamonga's LAMP limits the size of parcels on septic systems which can be subdivided to 20,000 square feet. Any lot less than 20,000 square feet which is on a septic system pursuant to Rancho Cucamonga's LAMP is ineligible to further subdivide that parcel under SB 9, but may be able to accommodate a Two Unit Project. Thus, while the total number of parcels affected by SB 9 is anticipated to be approximately 23,658, the number of parcels which may ultimately be developed under SB 9 could be lower. Policy and Development Code Considerations: Considering the number of parcels which may be eligible for development under SB 9, and especially considering any impact this new development may have upon existing single-family residential neighborhoods within Rancho Cucamonga, staff is exploring potential regulations which may be implemented in order to ensure that SB 9 is implemented in an appropriate and legally defensible manner that carefully considers public health, safety and welfare in the City. Potentially, development under SB 9 could have the potential to cause specific adverse impacts, such as additional traffic which could exacerbate existing access and emergency response constraints within certain neighborhoods where access, circulation and parking may be deficient or limited (i.e., dead-end streets within Very High Fire Severity Zones, neighborhoods where roads do not meet minimum width standards, etc.). Consequently, implementing SB 9 regulations in areas such as these could negatively affect the health, safety and welfare of the public. Further, SB 9 could also impact the availability of services in existing single-family residential neighborhoods by facilitating the creation of lots and construction of units which are inconsistent with utilities in existing single-family residential neighborhoods. It is critical that the City prevent any public health and safety impacts that may arise under this new requirement. Maintaining the quality, livability and safety of existing single-family residential neighborhoods throughout the City is a critically important community objective, as evidenced by both the 2010 General Plan and the pending PlanRC General Plan. To address such concerns, staff recommends that the City Council consider approving further research into the following areas, subject of course to compliance with the provisions of SB 9: • Objective Standards for Zoning: Consider adopting objective zoning standards to ensure Page 4 that SB 9 development does not adversely impact existing single-family residential neighborhoods. For example, the City could require that structures have a maximum square footage with a minimum width so that they give an appearance of a standard single-family structure as viewed from the street. Further, the City could also require that all other structures built pursuant to SB 9 be screened from the street, that buildings be no taller than one story, and that basements, when proposed, be counted in the square footage of the structure. • Objective Standards for Subdivisions: Regarding subdivisions, and to minimize impacts to existing single-family residential neighborhoods, the City could consider requiring that new lot lines be parallel to the street and that access to the back of lots be solely from alleys, except for properties which have no alleys. Again, the configuration of existing structures on a lot may be a practical matter for applicants and property owners, as Urban Lot Splits may necessitate the demolition of an existing single-family home which may be impractical for many individuals. • Historic District: SB 9 does not apply to properties located within historic districts and although Rancho Cucamonga is not an old city, we do have areas of historic significance which should be carefully studied to determine if further protections are appropriate. • Very High Fire Severity Zones: SB 9 prohibits urban lot splits and two-unit development within Very High Fire Severity Zones, unless certain standards are met. Staff notes that additional development within Very High Fire Severity Zones could result in impacts to the public health, safety and welfare, particularly in those areas within Very High Fire Severity Zones where parking and access may be limited, or roadways may be deficient in meeting current standards. To address these concerns, the City could consider implementing additional regulations relative to SB development within Very High Fire Severity Zones. • Public Health and Safety Considerations: The City may deny a proposed SB 9 development, including subdivisions, provided that the building official makes certain findings that the project would have specific adverse impacts which cannot be mitigated. An example of this could be that utilities in certain neighborhoods may not be sized properly for multi-family development. In the event that it is found that additional SB 9 units were to cause a neighborhood to exceed utility capacity, this could prohibit additional units within certain neighborhoods as this might be an impact that could not be mitigated. In this case, the City might consider researching where existing neighborhoods may be at, or near, utility capacity and consider prohibiting SB 9 development in these areas. • SB 9 Units as Affordable Housing: Both the 2010 General Plan and pending PlanRC General Plan promote the development of a variety of housing types for the purposes of facilitating the creation of affordable housing. As such, the City may consider adopting an inclusionary housing ordinance which requires that SB 9 units be deed restricted as affordable units to further the important local and statewide goals of increasing the availability of affordable housing. Next Steps: Upon receiving direction from the City Council, staff intends to research the above considerations, as well as any other offered by Council, and return to the Council sometime in the first quarter of 2022 with Development Code Amendments which maintain compliance with SB 9 regulations, but which also appropriately protect the public health, safety and welfare of the City's high quality residential neighborhoods. FISCAL IMPACT: There is no fiscal impact associated with this report. Moving forward, the implementation of SB 9 regulations could result in fiscal impacts associated with additional dwelling units. There could be property tax implications as well from the creation of additional lots and residential housing stock. Page 5 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: SB 9 is a significant piece of legislation which will soon affect communities throughout California and pose significant regulatory and policy challenges at the local level. Staff's goal is to regulate and administer SB 9 development while minimizing any adverse impact to the public health, safety and welfare of the community. As such, staff is fulfilling the City Council's core value of"actively seeking and respectfully considering all public input" by soliciting input and direction from the City Council. ATTACHMENTS: None. Page 6 rn1 CITY OF RANCHO CUCAMONGA r_2 DATE: January 19, 2022 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Sean McPherson, AICP, Senior Planner SUBJECT: Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four-fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in Single-Family Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt Urgency Ordinance No. 994 entitled "An Urgency Zoning Ordinance of the City Council of the City of Rancho Cucamonga Enacted Pursuant to Government Code Section 65858 Establishing Interim Development Standards for SB 9 Development, Declaring the Urgency Thereof and Making A Determination of Exemption Under the California Environmental Quality Act (CEQA)," by four-fifths vote, waive full reading, and read by title only. BACKGROUND: Government Code Section 65858 provides, "Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a...city...to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year.Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted." In response to the housing shortage and affordability crisis, on September 16, 2021, Governor Gavin Newsom signed into law Senate Bill (SB) 9. SB 9, which took effect January 1, 2022, requiring the ministerial review of two types of development applications within single-family residential zones: two lot subdivisions (known as "Urban Lot Splits"), and residential development projects of up to 2 units per lot("Two- Unit Projects"), subject to certain qualifying criteria. Because SB 9 requires that these applications be approved on a ministerial basis, the City cannot hold public hearings or consider subjective factors, such as aesthetics and neighborhood character, Exhibit 2 for qualifying applications which meet basic criteria. In short, this legislation makes it possible in some instances for there to be up to 4 units constructed on a single-family zoned lot where only one single family residence previously existed, inclusive of Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). Preliminary research by staff indicates that approximately 25,000 single-family zoned parcels within the City may be eligible for further development under SB 9. Considering the number of parcels which may be eligible for development under SB 9, and especially considering any impact this new development may have upon the City, staff is currently exploring potential regulations which may be implemented in order to ensure that SB 9 is implemented in an appropriate and legally defensible manner that carefully considers public health, safety and welfare in the City. ANALYSIS: Development under SB 9 could have the potential to cause specific adverse impacts, such as additional traffic which could exacerbate existing access and emergency response constraints within certain neighborhoods where access, circulation and parking may be deficient or limited (i.e., dead-end streets within Very High Fire Severity Zones, neighborhoods where roads do not meet minimum width standards, etc.). SB 9 could also impact the availability of services in existing single-family residential neighborhoods by facilitating the creation of lots and construction of units which are inconsistent with utilities in existing single-family residential neighborhoods. Finally, SB 9 could have the unintended effect of reducing affordability of units within single-family neighborhoods if such units are not reserved for low-income tenants or the developments are too large so as not to be affordable. It is critical that the City prevent any public health and safety impacts that may arise under this new requirement. Maintaining the quality, livability and safety of existing single-family residential neighborhoods throughout the City is a critically important community objective, as evidenced by goals set forth in the City's General Plan. Consequently, implementing SB 9 regulations without considering local context could negatively affect the health, safety and welfare of the public within the City. To address such concerns, on December 1, 2021, the City Council discussed certain policy and development code considerations which included: • Consider objective standards for zoning and subdivisions to ensure that SB 9 development does not adversely impact existing single-family residential neighborhoods; • Consider studying areas of historic significance to determine if further protections are appropriate; • Consider implementing additional regulations related to SB 9 to maintain the public health, safety and welfare within Very High Fire Severity Zones; • Consider the impact further SB 9 development may have on utility capacity within certain neighborhoods; • Consider how the development of SB 9 units may allow the City to achieve the important local and statewide goals of increasing the availability of affordable housing. Following that City Council meeting, staff continues researching these various policy and development code considerations and intends to return to the Council within the first quarter of 2022 with comprehensive Development Code Amendments. As SB 9 is now effective (as of January 1, 2022), and in order to prevent any adverse impacts to public health, safety and welfare, staff recommends that the City Council adopt the subject urgency ordinance which is attached to this report and which establishes interim standards while staff continues to work on permanent development code amendments to address the policy considerations referenced above. Page 2 SB 9 permits the City to enforce objective zoning, subdivision, and design standards on SB 9 project. In summary, the proposed interim regulations would do the following: • Limits the application of SB 9 to single-family residential zones, which are: Very Low Residential (VL), Low Residential (L), and Hillside Residential (HR). • A maximum unit size of 800 square feet, which may be increased to 1,200 square feet if at least one of the units on the lot is reserved for rentals to very-low income households; • Limits new units to one-story and 16 feet in height; • Requires the Fire Marshall, City Engineer, and Building Official to review SB 9 projects to determine whether a particular project could cause a specific, adverse impact to public health and safety for which there is no feasible mitigation; and • Other objective design criteria intended to help prevent unintended impacts of SB 9 projects on existing single-family neighborhoods. Pursuant to Government Code Section 65858, the initial term of the urgency ordinance is 45 days (expiring on March 5, 2022). In the event that staff determines that a permanent development code amendment may not be prepared by the expiration of the urgency ordinance, staff may bring a further ordinance to extend the term of the urgency ordinance for up to 10 months, 15 days prior to the initial expiration date. Ten days before the proposed extension, the City Council will consider a report identifying the steps taken by staff to address these issues during the urgency ordinance's moratorium's initial term. This ordinance is exempt from the California Environmental Quality Act as an ordinance intended to implement SB 9. FISCAL IMPACT: None COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Enacting an urgency ordinance in an effort to maintain the public health, safety and welfare or the community achieves multiple City Council "Core Values," including: • Providing and nurturing a high quality of life for all; • Promoting and enhancing a safe and healthy community for all; • Intentionally embracing and anticipating the future. ATTACHMENTS: Attachment 1 — Draft Urgency Ordinance No. 994 Page 3 (1 CITY OF RANCHO CUCAMONGA 1�r DATE: February 16, 2022 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Sean McPherson, AICP, Senior Planner SUBJECT: Report in Conformance with California Government Code Section 65858(D) on Measures Taken to Alleviate the Need for Interim Ordinance No. 994, Establishing Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in Single-Family Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act. (CITY) RECOMMENDATION: Staff recommends that the City Council issue the attached report in conformance with California Government Code Section 65858 on the measures taken by the City to alleviate the need for Interim Ordinance No. 994. BACKGROUND: At the regular City Council meeting of December 1, 2021, the City Council directed staff to research and identify local regulations related to the implementation of Senate Bill (SB) 9, legislation which permits the ministerial approval of additional development, including additional units and/or lot splits, on parcels located within Single-Family Residential zones. SB 9 was signed by Governor Gavin Newsom on September 16, 2021, and became effective as of January 1, 2022. At their regular meeting on January 19, 2022, the City Council adopted Urgency Ordinance No. 994 which establishes interim local standards intended to protect and maintain the public health, safety and welfare of the City's residents, pursuant to Geovernment Code 65858. The temporary interim urgency ordinance, if not extended, is set to expire on March 5, 2022. ANALYSIS: Section 65858(d) of the California Government Code provides that, "Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." The 10-day report does not modify nor extend the City's existing moratorium related to service stations. Rather, issuance of the 10-day report satisfies a statutory step in the process to permit the City Council to consider that potential extension at its next regular meeting on March 2, 2022. The following specific activities are currently being undertaken to alleviate the conditions which led to the adoption of Interim Ordinance 994. • City staff is currently implementing, as necessary, the subject interim standards in conversations with the public and members of the development community as SB 9- related projects are proposed. In so doing, staff is analyzing how the interim standards contained within the urgency ordinance may be augmented, revised or otherwise made to better protect and maintain the public health, safety and welfare of residents. • City staff continues to work with a professional consultant on updating the Development Code to achieve conformance with the recently adopted General Plan. As it relates to the integration of SB 9 standards into the broader Development Code update, staff and the consultant continue to determine any final refinements to the standards based on staff and public feedback and how to best integrate the final standards into the broader Development Code update. The above reflect the actions taken since the adoption of Interim Ordinance No. 994. The City Council must issue a report that describes these actions in order to extend the interim urgency ordinance currently in effect. An opportunity for full public comment on the extension of Interim Ordinance No. 994 will be provided at the City Council's Public Hearing to be held on March 2, 2022 prior to the City Council's consideration of an ordinance to extend Interim Ordinance No. 994. ATTACHMENTS: Attachment 1 — 10-Day Report Attachment 2 — Ordinance No. 994 Page 2 (1 CITY OF RANCHO CUCAMONGA 1�r DATE: March 2, 2022 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Sean McPherson, AICP SUBJECT: Public Hearing for Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four-fifths Vote, an Interim Urgency Ordinance Extending for an Additional 10 Months and 15 Days through January 20, 2023, an Existing Interim Ordinance Establishing Interim Objective Zoning and Subdivision Standards for Senate Bill 9 Projects in Single-Family Residential Zones in the City of Rancho Cucamonga and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (INTERIM URGENCY ORDINANCE NO. 996) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt Interim Urgency Ordinance No. 996, entitled "Interim Urgency Ordinance No. 996, Extending Interim Urgency Ordinance No. 994 for an Additional 10 Months and 15 Days (from an expiration date of March 5, 2022 to January 20, 2023), Establishing Interim Objective Zoning and Subdivision Standards for Senate Bill 9 Projects in Single-Family Residential Zones in the City of Rancho Cucamonga, Declaring the Urgency Thereof and Making A Determination of Exemption Under the California Environmental Quality Act (CEQA)," by four-fifths vote, waive full reading, and read by title only. BACKGROUND: Government Code Section 65858 provides, "Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a...city...to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted." At the regular City Council meeting of December 1, 2021, the City Council directed staff to research and identify local regulations related to the implementation of Senate Bill (SB) 9, legislation which permits the ministerial approval of additional development, including additional units and/or lot splits, on parcels located within Single-Family Residential zones. SB 9 was signed by Governor Gavin Newsom on September 16, 2021 and became effective as of January 1, 2022. Exhibit 4 At their regular meeting on January 19, 2022, the City Council adopted Urgency Ordinance No. 980 which establishes interim local standards intended to protect and maintain the public health, safety and welfare of the City's residents, pursuant to Government Code 65858. ANALYSIS: Since the approval of the interim urgency ordinance, staff has begun implementing the interim local standards in conversations with the public and members of the development community. As required pursuant to Section 65858(d)of the California Government Code, the City Council issued a report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. This 10-day report, issued by City Council on February 16, 2022, noted that the following specific activities are currently being undertaken to alleviate the conditions which led to the adoption of Interim Urgency Ordinance 994: • City staff is currently implementing, as necessary, the subject interim standards in conversations with the public and members of the development community as SB 9- related projects are proposed. In so doing, staff is analyzing how the interim standards contained within the urgency ordinance may be augmented, revised or otherwise made to better protect and maintain the public health, safety and welfare of residents. • City staff continues to work with professional consultants on updating the Development Code to achieve conformance with the recently adopted General Plan. As it relates to the integration of SB 9 standards into the broader Development Code update, staff and the consultant continue to determine any final refinements to the standards based on staff and public feedback and how to best integrate the final standards into the broader Development Code update. The Interim Ordinance 994, if not extended, is set to expire on March 5, 2022. Considering the abovementioned ongoing efforts by staff to implement the interim standards, particularly with regard to properly integrating SB 9 standards into the broader Development Code update, staff recommends that the City Council extend the interim urgency ordinance by adopting Ordinance No. 996, attached to this report. To ensure that staff continues to work toward preparing a permanent ordinance regarding SB 9 development, staff offers the following next steps: 1. Ongoing - Continue to work with property owners and various stakeholders to augment or revise the interim urgency ordinance to better protect the public health, safety and welfare; 2. March 9, 2022 - Provide an informational update to the Planning Commission; 3. Prior to the expiration of the interim urgency ordinance, hold duly noticed public hearings before the Planning Commission and City Council regarding the adoption of a permanent ordinance. If the City is unable to complete the steps outlined above before January 20, 2023, the City may, but is not required to, extend the interim urgency ordinance for up to an additional year. FISCAL IMPACT: None. Page 2 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Extending the interim urgency ordinance in an effort to maintain the public health, safety and welfare of the community achieves multiple City Council "Core Values," including: • Providing and nurturing a high quality of life for all; • Promoting and enhancing a safe and healthy community for all; • Intentionally embracing and anticipating the future. ATTACHMENTS: Attachment 1 — City Council Staff Report (January 19, 2022)for Interim Urgency Ordinance No. 994 Attachment 2 — Ordinance No. 994 Attachment 3— City Council 10-Day Staff Report (February 16, 2022) Attachment 4 — Ordinance No. 996 Page 3 URGENCY ORDINANCE NO. 996 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING URGENCY ORDINANCE 994 FOR AN ADDITIONAL TEN (10) MONTHS, FIFTEEN (15) DAYS (FROM AN EXPIRATION DATE OF MARCH 5, 2022 TO JANUARY 20, 2023), ESTABLISHING INTERIM OBJECTIVE ZONING AND SUBDIVISION STANDARDS FOR SENATE BILL 9 PROJECTS IN SINGLE-FAMILY RESIDENTIAL ZONES, DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. On September 16, 2021, Governor Newsom approved Senate Bill ("SB") 9 to amend the Planning and Zoning Law and the Subdivision Map Act effective January 1, 2022. A. SB 9 amended Government Code Section 66452.6 and added Sections 65852.21 and 66411.7 of Chapter 162, and took effect on January 1, 2022. B. SB 9 generally requires cities and counties to ministerially approve two-unit housing developments and parcel maps to create urban lot splits on lots within single- family residential zones. C. SB 9 authorizes the City to enforce objective zoning, subdivision, and design standards. D. SB 9 projects will have the potential to significantly impact the character of the City's established residential neighborhoods. E. SB 9 projects have the potential to impact the health, safety, and welfare of residents in the City, particularly those residing in single-family residential neighborhoods, vehicular and pedestrian safety, on-street parking demand, and housing affordability. In addition, the potential increase to residential density in areas of the City designed for single-family development may cause increased demand on utilities and access routes that were not designed for such density. As a result, the City Council finds that there is an immediate need to establish objective zoning and subdivision standards for SB 9 projects in order to protect the public health, safety, and welfare while it studies permanent land use regulations for such projects and to ensure SB 9 does not have a detrimental impact on single-family residential neighborhoods within the City. Urgency Ordinance No. 996 - Page 1 of 11 Exhibit 5 F. The City continues to study and develop permanent land use regulations for the implementation of SB 9 projects in the city. Given that SB 9 took effect on January 1, 2022, the City will not be able to complete the process of developing and adopting such permanent regulations prior to SB 9 taking effect. Thus, the City Council desires to extend the interim urgency ordinance that will take effect immediately in order to ensure that SB 9 projects do not unreasonably impact single-family residential neighborhoods or threaten public health, safety, or welfare while permanent regulations and studies and prepared. G. It is well documented that California is experiencing a housing supply crisis, with housing demand far outstripping supply. The housing crisis has particularly exacerbated the need for affordable homes at prices below market rates. The City has a regional housing need between 2021 and 2029 to construct 3,245 extremely low/very low-income units, 1,920 low-income units, and 2,031 moderate income units (Housing Element 2021-2029, Table HE-47, Page 72). According to the City's recently-adopted Housing Element, the City still needs to construct 3,209 extremely low/very low-income units and 1,864 low-income units during the sixth housing cycle. H. To help address this affordability crisis, the City Council finds that limiting the size of units developed pursuant to SB 9 and requiring that some units be affordable are important interim regulations to protect public welfare and to prevent SB 9 developments from conflicting with forthcoming permanent land use regulations. I. On January 19, 2022, the City Council approved Urgency Ordinance 994, which temporarily established for 45 days interim objective zoning and subdivision standards for Senate Bill 9 projects in single-family residential zones. This initial urgency ordinance is scheduled to expire on March 5, 2022. J. The City Council finds that allowing this extension will allow time to evaluate the applicability of the interim standards, as well as provide time for the integration of these standards, and revisions thereto, into the broader Development Code update to achieve compliance with the new General Plan. K. Based on the foregoing, the City Council ultimately finds that if the City fails to extend the interim standards adopted pursuant to Urgency Ordinance 994, then new development pursuant to SB 9 may be allowed to develop within the City which may result in impacts to public health, safety and welfare. L. A written report describing the measures taken to alleviate the conditions which led to the adoption of the aforementioned Urgency Ordinance was issued by the City Council on February 16, 2022, which was at least ten (10) days prior to the expiration of the Urgency Ordinance on March 5, 2022, in compliance with State law. M. Pursuant to Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on March 2, 2022, at which time the City Council Urgency Ordinance No. 996 - Page 2 of 11 considered this Urgency ordinance to extend the existing 45-day interim standards related to SB 9 zoning and subdivision development within single-family residential zones. SECTION 2. Authority. Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. The City Council may also extend an interim ordinance for up to 10 months and 15 days, and subsequently for up to one year, pursuant to Government Code Section 65858(a). SECTION 3. Urgency Declaration and Findings. The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare caused by SB 9 projects, which threat will significantly limit the City's ability to preserve community character, affordability, and environmental and public health and safety. As described in Section 1 of this Interim Urgency Ordinance, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, such development in the City could threaten the health, safety and welfare of the community through negative impacts that include, but are not limited to, emergency access during emergencies, appropriate sizing for utilities and streets, parking, and housing affordability. The City Council finds and determines that there remains an immediate threat to public health, safety, or welfare if the City does not have enforceable zoning, subdivision, and design standards for such projects. Therefore, to preserve the public health, safety and welfare, the City Council finds that it is necessary that this Urgency Ordinance extend the current interim objective standards for zoning and subdivision standards for SB 9 projects within single-family residential zones. SECTION 4. Moratorium Extended. A. Based on the facts and findings set forth in Sections 1 through 3 of this Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby extends through and including January 20, 2023, the existing interim objective standards for zoning and subdivision standards for SB 9 projects within single-family residential zones. SECTION 5. Prohibition on SB 9 Projects that Fail to Comply with this Interim Urgency Ordinance. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, residential development projects and urban lot splits Urgency Ordinance No. 996 - Page 3 of 11 proposed pursuant to Senate Bill 9, are prohibited unless the project complies with the requirements of Sections 6 and 7 of this Interim Urgency Ordinance. SECTION 6. Development in Single-Family Residential Zones. A. Purpose. This Section provides objective zoning and design standards for the development of residential units pursuant to SB 9. Development pursuant to this Section does not require discretionary review or a hearing and is processed ministerially through a plan check/zoning clearance. B. Applicability. SB 9 projects shall only be developed on in single-family residential zones. For purposes of this Section, the following zones are considered single- family residential zones: Very Low Residential (VL), Low Residential (L), and Hillside Residential (HR). C. General Standards. All development pursuant to SB 9 shall comply with the following objective standards: 1. Eligibility requirements of Government Code Section 65852.21(a) shall be satisfied. 2. Except where superseded by SB 9 this Section, development shall comply with the objective development standards of the zone in which the lot is located. 3. Access to any unit shall not be across an easement that restricts such access. 4. More than 25 percent of the exterior structural walls of an existing dwelling shall not be demolished unless the site has not been occupied by a tenant in the last three years. 5. The lot shall contain no more than one pedestrian path connected to the public right-of-way or private street. 6. The development shall contain no exterior stairways except those leading from grade to the first floor. 7. Off-street parking shall be provided in accordance with the following standards: a. A minimum of one off-street parking space shall be provided for each residential unit. b. No off-street parking is required if either of the following apply: Urgency Ordinance No. 996 - Page 4 of 11 i. The lot is located within one-half mile walking distance of either: a high-quality transit corridor as defined in Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3. ii. A car-share vehicle is located within one block of the lot. D. Additional Standards for New Construction. In addition to the standards of Subsection C, the standards of this Subsection apply if one or both residential units are new construction: 1. Maximum unit size shall be 800 square feet, except when rented at a level affordable to Low-Income (50%-80% of AMI) households, per Subsection J below. 2. No residential unit shall exceed a building height of one story. 3. No residential unit shall exceed a building height of 16 feet. 4. Each residential unit shall have a minimum setback of four feet from side and rear property lines except as allowed by Government Code Section 65852.21. 5. If the residential units are built as separate buildings, the following standards shall apply. a. The buildings shall be located one in front of the other in relation to the street. b. The front building shall be at least as wide and as tall as the rear building. c. The front building shall be positioned such that the rear building is not visible from the street when viewed from directly in front of the property. 6. If the residential units are built as a single building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. E. Additional Standards for Conversion of an Existing Dwelling. In addition to the standards of Subsection C, the standards of this Subsection apply if an existing dwelling will be fully or partially retained: Urgency Ordinance No. 996 - Page 5 of 11 1. Maximum unit size shall be 800 square feet, except when rented at a level affordable to Low-Income (50%-80% of AMI) households, per Subsection J below. 2. The existing setbacks shall be maintained when converting or substantially redeveloping an existing structure to a two-unit residential development, except that additions to the existing dwelling shall have a minimum setback of four feet from side and rear property lines. 3. Additions to the existing dwelling shall not increase the building height beyond the allowable maximum of the respective base zoning district. 4. If two residential units are located in the same building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. F. Additional Standards for Urban Lot Split Projects. In addition to the standards of Subsections C, D, and E, as applicable, the standards of this Subsection apply if the residential units will be located on lots created by an urban lot split. 1. Each lot created by the parcel map shall be used solely for residential uses. 2. No lot created by the parcel map shall have more than two residential units, inclusive of any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). No ADU or JADU shall be allowed on any parcel created by an urban lot split if the subdivider uses the authority provided under Government Code Section 65852.21. 3. If the boundary line between the lots created by the parcel map is perpendicular to the front lot line, the units shall be subject to the following standards: a. The buildings nearest the street on each lot created by the parcel map shall have no more than one residential unit with a door facing the street. G. Exceptions. The Planning Director shall approve an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. H. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether a proposed development would cause a specific adverse effect to public health, safety, and welfare, as defined in Government Code Urgency Ordinance No. 996 - Page 6 of 11 Section 65589.5. If so, the Building Official shall make a written finding in support of his or her decision to deny the application. I. Denial. The Building Official shall deny an application for an SB 9 project upon making both of the following findings in writing based upon a preponderance of evidence: 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. J. Income Restriction. If more than one unit is developed on a single lot, the second unit may be up to 1,200 square feet if one of the units is rented at a level affordable to Low-Income (50%-80% of AMI) households, provided that the property owner must execute and record against the subject property an affordability covenant provided by the Planning Director per Subsection K below. K. Covenants Required. A property owner seeking to develop units on a single-family residential property, pursuant to the standards of SB 9 and the standards of this Section, shall execute and record the following covenants against the subject property with the San Bernardino County Assessor-Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; 4. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and 5. Residential units over 800 square feet shall be rented at a level affordable to Low-Income (50%-80% AMI) households for a period of at least 45 years. SECTION 7. Urban Lot Splits in Single-Family Residential Zones. Urgency Ordinance No. 996 - Page 7 of 11 A. Purpose. This Section provides objective subdivision standards for urban lot splits on single-family residential zoned lots pursuant to SB 9. B. Applicability 1. This Section applies to single-family residential zoned lots. For purposes of this Section, the following zones are considered single-family residential zones: Very Low Residential (VL), Low Residential (L), and Hillside Residential (HR). 2. An urban lot split is prohibited on a lot previously subdivided by an urban lot split pursuant to SB 9. In addition, an urban lot split is prohibited on a lot if the lot's owner or any person acting in concert with the owner of such lot has previously subdivided an adjacent lot pursuant to SB 9. 3. An urban lot split shall not require discretionary review or a hearing and is approved ministerially by the City Engineer through a parcel map application. This Section is exempt from the application and hearing requirements described in Chapter 16.20 (Tentative Parcel Maps — Four or Less Parcels) and Section 16.22.090 (Approval by City Council). A. Subdivision Standards. An urban lot split pursuant to this Section is subject to the following standards. 1. Eligibility requirements of Government Code Section 66411.7(a) shall be satisfied. 2. A minimum lot size of one acre per dwelling unit is required for any proposed lot which does not have access to a public sewer. 3. Each lot created by the parcel map shall have a minimum area of 1,200 square feet. 4. The newly created lots shall not be smaller than 45 percent of the area of the original lot. 5. Each newly created lot must have access to a public street. 6. Lot lines shall be: i. Straight lines, unless there is a conflict with existing improvements or the natural environment; ii. Generally parallel to the street when facing the street or be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets; and Urgency Ordinance No. 996 - Page 8 of 11 iii. Within appropriate physical locations that do not bisect buildings and are contiguous with existing zoning boundaries. A. Exceptions. The City Engineer shall approve an exception to any of the standards satisfied in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. B. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether there is a specific adverse effect to public health, safety, and welfare. C. Denial. The City Engineer shall deny an urban lot split upon making both of the following findings in writing based upon a preponderance of evidence. 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. D. Covenants Required. A property owner seeking to develop units on a single-family residential property, pursuant to the standards of SB 9 and the standards of this Section, shall execute and record the following covenants against the subject property with the San Bernardino County Assessor-Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; 4. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and Urgency Ordinance No. 996 - Page 9 of 11 5. Residential units over 800 square feet shall be rented at a level affordable to Low-Income (50%-80% AMI) households for a period of at least 45 years. SECTION 8. CEQA. Adoption of this Ordinance is not a project under the California Environmental Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n). SECTION 9. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Interim Urgency Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council declares that it would have adopted this Interim Urgency Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 10. Effective Date; Approval and Extension of Ordinance. This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the effectiveness of this Urgency Ordinance as provided in Government Code Section 65858. SECTION 11. Term. This Interim Urgency Ordinance shall take effect concurrent with the expiration of Urgency Ordinance 994 at midnight on March 5, 2022, and shall remain in effect for a period of ten (10) months, fifteen (15) days, through and including January 20, 2023, in accordance with California Government Code Section 65858. SECTION 12. Publication. The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law. PASSED, APPROVED, AND ADOPTED this 2nd day of March, 2022, by the following vote to wit: Urgency Ordinance No. 996 - Page 10 of 11 AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: Nicholas R. Ghirelli, City Attorney Urgency Ordinance No. 996 - Page 11 of 11