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HomeMy WebLinkAbout996 - Ordinance 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 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 SIB 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 SIB 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 SIB 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 65852.210) 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. Urgency Ordinance No. 996 - Page 10 of 11 PASSED, APPROVED,AND ADOPTED this 211 day of March, 2022. en-Wis' Michael, M ATTE T: Ja ' e . Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Interim Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 2"d day of March, 2022, by the following vote: AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 3rd day of March 2022, at Rancho Cucamonga, California. is C. Reynolds, City Gferk APPROVED AS TO FORM: Nicholas Ghirelli, ity Attorney Urgency Ordinance No. 996 - Page 11 of 11