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