CC - Item 3A - Public Hearing on Municipal Code Amendment 21-04 - Adoption of Urgency Ordinance No. 1005 and Introduction & First Reading of Ordinance No. 1004 Implementing Senate Bill 9TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER J. 0 ,
DATE: JANUARY 25, 2022
SUBJECT: PUBLIC HEARING ON MUNICIPAL CODE AMENDMENT 21-04 —
ADOPTION OF URGENCY ORDINANCE NO. 1005 AND
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 1004
IMPLEMENTING SENATE BILL 9
SUMMARY
On September 16, 2021, Senate Bill 9 (SB 9) was signed into State law by Governor Newsom.
SB 9 amended California Government Code Section 66452.6 and added Sections 65852.21 and
66411.7 to allow for urban dwellings and urban lot splits. The changes, which became effective
on January 1, 2022, required local agencies to ministerially approve applications to subdivide
single-family residential (R-1) zoned lots into a maximum of two lots and allow for the
construction of two units on each new lot. Municipal Code Amendment 21-04 (MCA 21-04),
Urgency Ordinance No. 1005, and Ordinance 1004 are intended to immediately bring Title 16
(Subdivisions) and Title 17 (Zoning) of the Rosemead Municipal Code (RMC) up to compliance
with State legislation regarding the development of urban dwellings and urban lot splits in the
City.
STAFF RECOMMENDATION
That the City Council:
Move to INTRODUCE and ADOPT, by title only, Urgency Ordinance No. 1005
(Attachment "A"), an Ordinance of the City Council of the City of Rosemead adopting
by reference, pursuant to Government Code Section 50022.2, for the approval of MCA
21-04, amending Title 17 (Zoning) of the RMC by updating and adding definitions to
Section 17.04.050, updating Table 17.12,020.1 to permit an urban dwelling and an urban
lot split as a permitted use in the R -I zone, and adding Section 17.30.210 for urban
dwellings and Section 17.30.220 for urban lot splits, and amending Title 16
(Subdivisions) of the RMC by adding Section 16.08.240 for urban lot splits; and
2. Move to INTRODUCE for FIRST READING, by title only, Ordinance No. 1004
(Attachment "B") an Ordinance of the City Council of the City of Rosemead adopting by
AGENDA ITEM 3.A
City Council Meeting
January 25, 2022
Page 2 of 7
reference, pursuant to Government Code Section 50022.2, for the approval of MCA 21-
04, amending Title 17 (Zoning) of the RMC by updating and adding definitions to
Section 17.04.050, updating Table 17.12.020.1 to permit an urban dwelling and an urban
lot split as a permitted use in the R-1 zone, and adding Section 17.30.210 for urban
dwellings and Section 17.30.220 for urban lot splits, and amending Title 16
(Subdivisions) of the RMC by adding Section 16.08.240 for urban lot splits.
ENVIRONMENTAL ANALYSIS
Urgency Ordinance No. 1005 and Ordinance No. 1004 are exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Government Code Sections
65858.210) and 66411.7(n), as the adoption of an ordinance to implement SB 9 shall not be
considered a project under Division 13 (commencing with Section 21000) of the Public
Resources Code.
DISCUSSION
The State legislature has identified that the California housing shortage is a significant statewide
issue. The State believes that SB 9 could be a possible approach to addressing the housing crisis.
Effective January 1, 2022, SB 9 required local agencies to ministerially approve applications to
subdivide R-1 zoned lots into a maximum of two lots and allow for the construction of two units
on each new lot. A copy of SB 9 is provided in Attachment "C." The provisions listed below are
key changes to State law that must be incorporated into the City's Municipal Code, as well as
objective zoning standards that will further strengthen the State's efforts:
Definitions
The City's current code does not define an urban dwelling or an urban lot split. To comply with
new State law, the code amendment will provide definitions for an urban dwelling and an urban
lot split. In addition, it will clarify and/or eliminate existing definitions relating to lot
configurations.
"Urban Dwelling" means an attached or detached residential dwelling unit that complies
with Section 65852.21 of the Government Code as amended in Section 17.30.210 of the
Rosemead Municipal Code.
"Lot, Urban Lot Split" means lots created pursuant to Section 66411.7 of the Government
Code as amended in Section 17.30.220 of the Rosemead Municipal Code.
"Lot Depth" means the length of a straight line drawn from the midpoint of the front lot
line to the midpoint of the rear lot line (See Figure 17.04.050.3a).
"Lot, Flag" means a lot whose shape or property line configuration is created in a manner
which utilizes an extension of property for the exclusive purpose of obtaining vehicular and
City Council Meeting
January 25, 2022
Page 3 of 7
pedestrian access to a public street. New flag lot subdivision is prohibited in the City of
Rosemead with the exception of flag lot subdivisions created by Senate Bill 9 (Government
Code sec. 66411.7). Refer to 17.30.220 Urban Lot Split for flag lot subdivision standards.
"Lot Width" means the minimum horizontal distance between the side lot lines measured at
right angles from the midpoint of lot depth (See Figure 17.04.050.3a).
Figure 17.04.050.3a
-- ---Street--- --
No Changes to Existing
i Setback From Original
Proposed
Property Lines
Flag Lot
I,
Lot
� ` I
ExistingI Width
Original Dwelling 1 �• >50'
Parcel i -- _-----�.
Flag Lot
Width d
>50'
Flag Lot 1
Depth
1.—.—.—.—.—.—.—.—•�
SB 9 Requirements - Urban Dwellings
• Urban Dwelling Land Use: The amendment will add "urban dwelling" as a permitted use
in the R-1 zone to RMC Table 17.12.020.1 (Uses in Residential Districts). In addition,
RMC Section 17.3 0.210 (Urban Dwellings) will be incorporated into Title 17 (Zoning) to
provide development standards pertaining to an urban dwelling.
•
Limiting the Number of Units: The amendment will limit the maximum number of units
permitted for urban dwellings. A proposed urban dwelling development shall contain no
more than two units. In addition, State law prohibits a local agency from imposing
objective zoning standards, objective subdivision standards, and objective design
standards that would have the effect of physically precluding the construction of up to
two units or that would physically preclude either of the two units from being at least 800
square feet in floor area.
City Council Meeting
January 25, 2022
Page 4 of 7
• Deed Restricted Affordable Housing and Rental Housing: SB 9 projects may not
demolish:
o Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
o Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its police power.
o Housing that has been occupied by a tenant in the last three years.
• Limits on Demolition: SB 9 projects must not demolish more than 25 percent of the
existing exterior structural walls, unless the property has not been occupied by a tenant in
the last three years.
SB 9 Requirements - Urban Lot Splits
Urban Lot Split Land Use: The amendment will add "urban lot split" as a permitted use
in the R-1 zone to RMC Table 17.12.020.1 (Uses in Residential Districts). In addition,
RMC Section 17.30.220 (Urban Lot Splits) will be incorporated into Title 17 (Zoning) to
provide development standards pertaining to an urban lot split.
• Limiting the Number of Units: The amendment will limit the maximum number of units
permitted for an urban lot split. An urban lot split can contain no more than two units. All
(existing or new) Accessory Dwelling Units (ADUs) and Junior ADUs will be counted
towards the maximum number of units. An urban lot split shall contain no more than four
residential units, two per lot. State law prohibits a local agency from imposing objective
zoning standards, objective subdivision standards, and objective design standards that
would have the effect of physically precluding the construction of up to two units or that
would physically preclude either of the two units from being at least 800 square feet in
floor area.
• Size and Number of Parcels: The amendment will limit urban lot splits to no more than
two new parcels of approximately equal lot area, provided that one parcel shall not be
smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
Both newly created parcels created by an urban lot split must be no smaller than 1,200
square feet.
• Existing Structures: State law imposes no setback requirements for an existing permitted
structure, or a structure constructed in the same location and to the same dimensions as an
existing permitted structure.
• Owner Occupancy: The amendment will require property owners to sign an affidavit that
the applicant will occupy one of the housing units as their principal residence for a
City Council Meeting
January 25, 2022
Page 5 of 7
minimum of three years from the date of the approval of the urban lot split. This
requirement does not apply to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of
the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in
Section 214.15 of the Revenue and Taxation Code.
Flag Lots: New flag lot subdivisions are prohibited in the City of Rosemead, with the
exception of flag lot subdivisions created by SB 9. The amendment will include the
following objective standards, which would apply to flag lots created by SB 9:
o Lot Width: All newly parcels as a result of an urban lot split shall have a
minimum lot width of 50 feet.
o Lot Frontage: The lot frontage for the flag lot development shall be a minimum of
15 feet and shall be parallel to the street.
Urban Dwelling and Urban Lot Split Development Standards
The amendment will incorporate a development standards table for Urban Dwellings and Urban
Lot Splits.
Development
Existing Dwelling
New Urban Dwelling
Notes and Exceptions
Standard
Minimum Size
May remain as is
500 sq. ft.
Maximum Size
May remain as is
If the proposed urban
dwelling meets all R-1
development standards
then the maximum size
is determined by
F.A.R.*
Front Setback
May remain as is
20 ft.*
Rear Setback
May remain as is
Lesser of 25 ft. or 20%
More than 4 bedrooms and
of lot de th*
2,000 s .ft.: 35 ft.*
Side Setback
May remain as is
1St Floor: Greater of 5 ft.
For corner lots, refer to
or 10% of lot width*
Rosemead Municipal Code
2nd Floor: 5 ft. min. 15
Table 17.12.030*
ft. combined*
Building Separation
20 ft.*
Parking
May remain as is
One Space per unit
None required if located
within t/2 mile of transit
corridor or if car share
located within one block
Height I
May remain as is
Two-sto — 30 ft.
*If the proposed urban dwelling is unable to comply with the following R-1 development standards, an urban
dwelling that is at least 800 sq. ft. in floor area, with side and rear yard setbacks of 4 ft. shall be permitted.
City Council Meeting
January 25, 2022
Page 6 of 7
Proposed Amendments to Title 16 (Subdivisions)
RMC Section 16.08.240 (Urban Lot Splits) will be added to Title 16 (Subdivisions). The
following text amendments will be incorporated:
• Urban Lot Splits pursuant to Section 66411.7 of the Government Code and in
conformance with Section 17.30.220 of the Municipal Code are permitted and shall be
processed in the same manner as a Tentative Parcel Map as contained in this Chapter,
except that no hearing shall be required by either the Planning Commission or City
Council.
• No dedications shall be required.
• The filing fee shall equal 50% of the Parcel Map Fee as established by City Council
resolution.
FISCAL IMPACT — None.
STRATEGIC PLAN IMPACT — The City of Rosemead 2030 Strategic Plan Framework, land
use zoning and safety objectives state that Rosemead will continue to create policies that
encourage new development, respond to the changing housing needs of residents, promote
activation along our major corridors, and support the local business community. MCA 21-04
updates the City's Municipal Code and directly contributes to the implementation of this
Strategic Plan objective.
PUBLIC NOTICE PROCESS
Pursuant to California Government Code Section 65091, the public hearing notice for MCA 21-
04 was published in the Rosemead Reader on January 13, 2022, and through the regular agenda
notification process.
Prepared by:
Annie Lao, Associate Planner
City Council Meeting
January 25, 2022
Page 7 of 7
M
Lily Valenzuela, Planning and Economic Development Manager
Submitted by:
Gloria Molleda, City
Attachment A: Urgency Ordinance No. 1005
Attachment B: Ordinance No. 1004
Attachment C: SB 9, Atkins
Attachment A
Urgency Ordinance No. 1005
URGENCY ORDINANCE NO. 1005
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-04, AMENDING TITLE 17 (ZONING)
OF THE RMC BY UPDATING AND ADDING DEFINITIONS TO
SECTION 17.04.050, UPDATING TABLE 17.12.020.1 TO PERMIT AN
URBAN DWELLING AND AN URBAN LOT SPLIT AS A PERMITTED
USE IN THE R-1 ZONE, AND ADDING SECTION 17.30.210 FOR URBAN
DWELLINGS AND SECTION 17.30.220 FOR URBAN LOT SPLITS, AND
AMENDING TITLE 16 (SUBDIVISIONS) OF THE RMC BY ADDING
SECTION 16.08.240 FOR URBAN LOT SPLITS
WHEREAS, the City of Rosemead ("City") has adopted a General Plan to ensure a well-
planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the
General Plan; and
WHEREAS, State law requires that the Rosemead City Zoning Code, Title 17, of the
Rosemead Municipal Code ("RMC"), conform with the General Plan's goals and policies; and
WHEREAS, State law requires that the Rosemead City Subdivision Ordinance, Title 16,
of the Rosemead Municipal Code ("RMC"), comply with the Subdivision Map Act; and
WHEREAS, it is necessary from time to time to update the zoning ordinance and
subdivision ordinance to bring them into conformity with State law and to address public health,
safety, and welfare concerns; and
WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the Government
Code by Senate Bill 9 (SB 9) and became effective January 1, 2022; and
WHEREAS, the amended or added code sections require cities to ministerially approve
urban lot splits and the construction of up to two residential units ("Urban Dwellings") within the
"Urbanized Area" of the City, as designated by the US Census Bureau, subject to certain
limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of urban lot splits by
size and proportionality; and
WHEREAS, Government Code sections 65852.21(a)(2) and 66411.7(a)(3)(C) limits such
urban lot splits and construction to sites that are not located on or within certain farmland,
wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones,
special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for
protected species, and historic properties; and
WHEREAS, Government Code sections 65852.21(a)(3) through (a)(5), limits eligibility
of such construction of secondary units that proposes to demolish or alter housing subject to
affordability restrictions, housing subject to rent or price controls, housing that has been occupied
1
by a tenant in the last three years, housing that has been withdrawn from rent or lease within the
past 15 years, and housing that requires demolition of existing structural walls unless authorized
by local ordinance or has not been tenant -occupied within the past 3 years; and
WHEREAS, Government Code section 66411.7(a)(3)(D) also limits eligibility of an urban
lot split that proposes to proposes to demolish or alter housing subject to affordability restrictions,
housing subject to rent or price controls, housing that has been occupied by a tenant in the last
three years, housing that has been withdrawn from rent or lease within the past 15 years, and
housing that requires demolition of existing structural walls unless authorized by local ordinance
or has not been tenant -occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allows a
city to deny an urban lot split for properties within an historic district or listed on the State's
Historic Resource Inventory or within a site that is designated or listed as a city or county landmark
or historic property or district pursuant to a city or county ordinance; and
WHEREAS, Government Code sections 65852.21(b) and 66411.7(c) allows a city to
establish objective zoning standards, objective subdivision standards, and objective design review
standards, if it does not conflict with state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of "precluding the construction of two
units on either of the resulting parcels or that would result in a unit size of less than 800 square
feet"; and
WHEREAS, Government Code sections 65852.21 and 66411.7 allow a city to deny a
proposed housing development or urban lot split if the project would have a specific, adverse
impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, SB 9 became effective on January 1, 2022, and the Municipal Code currently
does not have any provisions that adequately address such urban dwelling units and urban lot splits,
as required by SB 9, and without such an ordinance, there are no policies, procedures, or objective
standards available to guide and promote the orderly development of such urban dwelling units
and urban lot splits, and thus will prevent actions that will alleviate the housing crisis and serve to
protect orderly planning and aesthetics related to such development; and
WHEREAS, California Government Code sections 36934 and 36937 authorize the City
Council to take action by ordinance to take effect immediately for the preservation of the public
peace, health or safety when adopted by a four-fifths vote of the City Council; and
WHEREAS, pursuant to the California Government Code Section 65858, and in order to
protect the public health, safety and welfare, the City Council may adopt as an urgency measure,
an interim ordinance regulation any uses that may be in conflict with a contemplated general plan
or zoning proposal that the City intends to study within a reasonable time; and
WHEREAS, this urgency ordinance is necessary to address the danger to public health,
safety, and general welfare articulated by the state related to the housing crisis and immediately
2
provide the provisions to implement SB 9 related development in a manner that protects the City's
interest in orderly planning and aesthetics; and
WHEREAS, accordingly, the City Council desires to adopt this ordinance as an urgency
ordinance, effective immediately, pursuant to Government Code sections 36934, 36937, and
65858, and have such provisions that implement SB 9, as set forth in the ordinance; and
WHEREAS, the City desires to adopt an ordinance that addresses the procedures for such
urban dwellings and urban lot splits, and provides objective standards, in accordance with State
law.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Compliance with California Environmental Quality Act. The City
Council finds that this Ordinance is not subject to environmental review under the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines. Senate Bill 9 (Atkins) —
Government Code sections 65858.210) and 66411.7(n) —states an ordinance adopted to implement
the rules of Senate Bill 9 is not considered a project under Division 13 (commencing with Section
21000) of the Public Resources Code.
SECTION 2. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-04, in accordance with Section
17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and applicable specific
plans;
FINDING: The proposed amendment is consistent with the General Plan and applicable
specific plans, as Government Code sections 65852.21 and 66411.7 require ministerial approval
of "urban dwellings" and "urban lot splits" if the proposed housing development meets certain
criteria. This allowance conflicts with General Plan Land Use Element of the City, which sets
density standards for the low-density residential zone. This Ordinance seeks to reconcile state law
and the Rosemead General Plan and to minimize its impact on the community and thereby comply
with the following land use goals and policies:
Goal Y, Policy 1.5: Require that new single-family residential construction, additions,
and renovations be designed to protect the privacy of adjacent residential properties and the
quality of established neighborhoods.
Goal 1, Policy 1.7: Foster housing stock and neighborhood revitalization, renovation, and
good site/architectural design.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as the proposed ordinance includes multiple provisions
to reduce the impact of subsequent development on the general welfare through objective zoning
standards. Pursuant to Government Code Sections 65852.21(d) and 66411.7 (d), the building
official may deny a housing project upon written findings, based upon a preponderance of the
evidence, that the proposed housing development project will have a specific adverse impact on
the physical environment and for which there is no feasible mitigation measure.
C. The proposed amendment is internally consistent with other applicable provisions of
[the] Zoning Code.
FINDING: The proposed amendment modifies multiple sections of the Rosemead
Municipal Code to ensure that the entire Code is internally consistent and consistent with State
law.
SECTION 3. Code Amendment. The code amendment will add the definitions of an
"Urban Dwelling", "Urban Lot Split", and Figure 17.04.050.3x; update the definitions of "Lot
Depth", "Lot, Flag", and "Lot, Width"; and remove the definition for "Lot Width, Average" in
Rosemead Municipal Code Section 17.04.050 (Definitions). Section 17.04.050 (Definitions) of
Title 17 is HEREBY AMENDED as follows:
17.04.050 Definitions — General.
For use in this Title certain terms are hereby defined. Words used in the present tense shall include
the past and future tense and vice versa. Words in the singular form shall include the plural form
and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may"
are permissive.
Words and phrases used in the Zoning Code and not specifically defined shall be construed
according to the context and common usage of the language and as ultimately determined by the
Community Development Director.
For the purpose of carrying out the intent of this title, certain terms, words, and phrases are defined
and shall be deemed to have the meaning ascribed to them as follows:
"Dwelling" means a structure or portion thereof designed exclusively for permanent
residential purposes, but not including hotels, motels, emergency shelters, or extended stay
locations.
"Urban Dwelling" means an attached or detached residential dwelling unit that complies
with Section 65852.21 of the Government Code as amended in Section 17.30.210 of the
Rosemead Municipal Code.
"Lot" means a parcel of real property shown as a delineated parcel with a number or other separate
designation on a plat recorded in the office of the County Recorder, or a parcel the dimensions or
boundaries of which are defined by a record of survey recorded pursuant to the provisions of the
Subdivision Map Act of the state, in the office of such recorder, or a parcel the dimensions and
boundary of which are shown on a plot plan or map filed, finally approved and in effect pursuant
to Title 16 of this Code, or a parcel containing not less than the minimum square footage required
in the zone in or a parcel held under separate ownership and lawfully separated in ownership prior
to the effective date of this chapter and all applicable predecessor ordinances, and abutting upon a
street or private easement.
M
"Lot Depth" means the length of a straight line drawn from the midpoint of the front lot line -and
+ right angles + eh line eting with the l' ting to the midpoint of the rear lot line
�„ ., ,.,o ,,, 0 1111
_____ � 11111 111111 Jtt
(See Figure 17.04.050.3a) •a '? howevef, that f : the " _ of niea u-_---_nt +'hads a
measufement shall be applieable as per- the following deset4bed eifeumstanees�
"Lot, Flag" means a lot whose shape or property line configuration is created in a manner which
utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian
access to a public street. New flag lot subdivision is prohibited in the City of Rosemead with the
exception of flaa lot subdivisions created by Senate Bill 9 (Government Code sec. 66411.7). Refer
to 17.30.220 Urban Lot Splits for flag lot subdivision standards.
"Lot, Urban Lot Split" means lots created pursuant to Section 66411.7 of the Government Code
as amended in Section 17.30.220 of the Rosemead Municipal Code.
"Lot Width" means the minimum horizontal distance between the side lot lines measured at right
angles from the midpoint of lot depth the f•^~+ setbaek4ine (See Figure 17.04.050.3a).
WO
-
"Lot, Flag" means a lot whose shape or property line configuration is created in a manner which
utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian
access to a public street. New flag lot subdivision is prohibited in the City of Rosemead with the
exception of flaa lot subdivisions created by Senate Bill 9 (Government Code sec. 66411.7). Refer
to 17.30.220 Urban Lot Splits for flag lot subdivision standards.
"Lot, Urban Lot Split" means lots created pursuant to Section 66411.7 of the Government Code
as amended in Section 17.30.220 of the Rosemead Municipal Code.
"Lot Width" means the minimum horizontal distance between the side lot lines measured at right
angles from the midpoint of lot depth the f•^~+ setbaek4ine (See Figure 17.04.050.3a).
Figure 17.04.050.3a
-- ---Street--- --
_ _ No Changes to Existing
i Setback From Original
Proposed
Property Lines
Flag Lot
I
Lot
Existing I Width
Original i Dwelling I 1, >50
Parcel ---- `
Flag Lot
Width �- d
>50 I
Flag Lot � 1
Depth
1
1
SECTION 4. Code Amendment. Section 17.30.210 (Urban Dwellings) of Title 17 is
HEREBY ADDED as follows:
17.30.210 Urban Dwellings.
Sections:
A.
Purpose.
B.
Applicability.
C.
Urban Dwelling.
D.
Review and Approval.
A. Purpose.
The bumose of this section is to implement Government Code Section 65852.21, which allows
the City to adopt an urban dwelling ordinance. Notwithstanding any other provision of this
Zoninc Code to the contrary, the provisions in this section shall govern the development of
urban dwellings in the City of Rosemead.
B. Applicability.
1. A proposed urban dwelling must be located within the R-1 (Single Family Residential), on
the Official Zoning Map as defined in Article 2 Section 17.08.020 (Official Zoning Map).
2. A proposed urban dwelling must not be located within a historic district or property
included on the State Historic Resources Inventory (see Section 5020.1 of the Public
Cel
Resources Code) or within a site that is designated or listed as a city landmark or historic
property or district pursuant to a city ordinance.
3. A proposed urban dwelling must not be on a parcel located in the areas specified in
subparagraphs (B) to (K) inclusive of paragraph (6) of subdivision (a) of Section 65913.4.
4. A proposed urban dwelling must not be on a parcel on which an owner of residential real
property has exercised the owner's rights under Chapter 12.75 (commencing with Section
7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15
vears before the date that the development proponent applies.
C. Urban Dwelling.
The following_ provisions shall apply to an urban dwelling:
1. The rental of an urban dwelling must be for a term longer than 30 days. Short term rentals
are prohibited.
2. Demolition and Alteration: A proposed urban dwelling must not require demolition or
alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
3. Limit on Demolition: A proposed urban dwelling must not demolish more than 25 percent
of the existing exterior structural walls. This does not apply if the housing development
has not been occupied by a tenant in the last three years.
4. The urban dwelling shall comply with all requirements of the most recently adopted
Building Code and Fire Code.
5. An urban dwelling unit may be attached to an existing dwelling unit (duplex) or built as a
separate detached unit provided that the structures meet the building code and are
sufficient to allow separate conveyance.
6. None of the standards contained herein shall preclude construction of an 800 square foot
urban dwelling unit.
7. Objective Zoning Standards:
a. Number of Units: A proposed urban dwelling must contain no more than two units.
b. If the existing residential dwelling is proposed to remain on a lot it shall be renovated
to match or complement the new construction in colors materials and architectural
style.
8. An urban dwelling shall conform to the standards in Table 17.30.210.1 (Urban Dwelling
Development Standards).
Table 17.30.210.1: Urban Dwelling and Urban Lot Split Development Standards
Development
Standard
Existing
Dwelling
New Urban Dwelling
Notes and
Exceptions
Minimum Size
Mqy remain as is
500 sq. ft.
Maximum Size
May remain as is
If the proposed urban
dwelling meets all R-1
development standards
then the maximum
size is determined by
F.A.R. *
Front Setback
Mqy remain as is
20 ft.*
Rear Setback
May remain as is
Lesser of 25 ft. or 20%
More than 4
bedrooms and
of lot depth*
2,000 sq. ft.: 35
ft.*
Side Setback
May remain as is
IS' Floor: Greater of 5
For corner lots,
ft. or 10% of lot
refer to Rosemead
width*
2" d Floor: 5 ft. min. 15
Municipal Code
Table 17.12.030*
ft. combined*
Building Separation
20 ft.*
Parking
May remain as is
One Space per unit
None required if
located within '/2
mile of transit
corridor or if car
share located
within one block
Height
May remain as is
Two-sto — 30 ft.
*If the proposed urban dwelling is unable to comply with the following R-1 development
standards an urban dwelling that is at least 800 sq. ft. in floor area, with side and rear
yard setbacks of 4 ft. shall be permitted.
D. Review and Approval.
1. Application: A completed application for Administrative Site Plan and Design Review
shall be submitted to the Community Development Department along with the
accompanying fee.
2. Staff Review: The director, or their designee shall circulate the application for an urban
dwelling to affected city departments for review and comment. All comments will be
provided back to the applicant for review and any necessary revisions to the plans.
3. Building Official Review: A proposed urban dwelling may be denied if the building official
makes a makes a written finding based upon a preponderance of the evidence, that the
proposed housing_ development project would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The decision of the building
official may be gppealed to the Planning Commission in compliance with section
17.160.030.
4. Ministerial Review: Proposals for an urban dwelling will be reviewed ministerially,
without discretionary review or a hearing.
5. Approval: If the application for an urban dwelling meets the requirements of Section
17.30.210 the Director of Community Development, or their designee, shall approve the
application The action of the director is final unless appealed pursuant to Section
17.160.030.
SECTION 5. Code Amendment. Section 17.12.020.1 (Uses in Residential Districts) of
Title 17 is HEREBY AMENDED as follows:
Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS
0
Requirements by
Land Use
District
Specific Use Regulations
R-1
R-2
R-3
Residential Uses
See section 17.12.030 for district specific
Single-family Dwellings
P
P
P
requirements. See Chapter 17.42 for
Manufactured Homes.
p
—
—
See section 17.30.2 10 for specific
Urban Dwelling
—
—
—
requirements.
See section 17.30.220 for specific
Urban Lot Split
p
—
_
_
requirements.
Two-family Dwellings (Duplex)
—
p
p
See section 17.12.030 for district specific
requirements.
See section 17.12.030 for district specific
Multiple -family Dwellings
—
—
DR
requirements.
See Article 3, Chapter 17.30, Section
Accessory Dwelling Unit
p
p
P
17.30.190 (Accessory Dwelling Units)
See Article 3, Chapter 17.46 (Mobile
bile Home Parks
F
CUP
CUP
CUP
Home Parks and Park Conversions)
Boarding House or Rooming House
—
—
—
Not permitted
Short -Term Rental
—
—
—
Not permitted
Care Uses
See Article 3, Chapter 17.30, Section
Child Care Home, Small Family (eight
P
P
P
17.30.160 (Large and Small Family Child
or fewer)
Day Care Home Facilities)
0
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
— Use Not Allowed
DR Discretionary Design
SECTION 6. Code Amendment. Section 17.30.220 (Urban Lot Splits) of Title 17 is
HEREBY ADDED as follows:
10
Requirements by
Land Use
District 'Specific Use Regulations
R-1 R-2 R-3
Child Care Home, Large Family (nine
See Article 3, Chapter 17.30, Section
_ AUP AUP 17.30.160 (Large and Small Family Child
to 14)
Day Care Home Facilities)
Residential Care Facilities (six or
—
P _1P 1 P
fewer)
Residential Care Facilities (seven or
CUP CUPjjj
Housing
_ v
P
ISupportive
—__m_ .—._
FTransitional Housing
_... — — _.._ ._._
P
. . ... ..... .._.____
Agriculture and Animal-Related Uses
Animal Keeping
�A A �A See Title 6 (Animals) of the Municipal
Code
Horticulture - Private A A A
Other Uses
Accessory Structures
A A A See Section 17.12.030 and Article 3
Chapter 17.32 (Accessory Structures)
[Educational Institution - Private
CUP CUP [CUP
[Educational Institution - Public
P P P
Home Occupations, including Cottage
A A A See Title 5, Chapter 5.41 (Home
Food Operations.
Occupations)
Lighted outdoor sporting field or court
(tennis, basketball, etc.).
cu P CUP See Article 4, Section 17.68.060
7Pc U
Religious Assembly
Places of Rel
CUP I CUP CUP T
Public Buildings and Facilities AUP AUP TAUP
Public Utility Facilities
i
P P P
Telecommunication Facilities, not
including Wireless Telecommunication
CUP CUP CUP
Facilities
Temporary Uses and Special Events
See Article 5, Chapter 17.124 (Temporary Use Permits and
Special Events)
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
— Use Not Allowed
DR Discretionary Design
SECTION 6. Code Amendment. Section 17.30.220 (Urban Lot Splits) of Title 17 is
HEREBY ADDED as follows:
10
17.30.220 Urban Lot Splits.
Sections:
A.
Purpose.
B.
Applicability.
C.
Urban Lot Splits.
D.
Review and Approval.
A. Purpose.
The purpose of this section is to implement Government Code Section 66411.7, which allows the
City to adopt an urban lot split ordinance Notwithstanding an other of the Municipal
Code to the contrary, the provisions in this section shall govern the development of an urban lot
split in the City of Rosemead.
B. Applicability.
1. A proposed urban lot split must be located within the R-1 (Single Family Residential), on
the Official Zoning Map as defined in Article 2, Section 17.08.020 (Official zoning map).
A proposed urban lot split must not be located within a historic district or property included
on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources
Code) or within a site that is designated or listed as a city or county landmark or historic
property or district ursuant to a city or county ordinance.
3. Other Instances:
a. An urban lot split is prohibited if the parcel is located areas specified in subparagraphs
(B) to (K) inclusive of paragraph (6) of subdivision (a) of Section 65913.4.
b An urban lot split is prohibited if the owner of residential real property has exercised
the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division
7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the
date that the development proponent applies.
C. Urban Lot Splits.
The following provisions shall apply to an urban lot split:
1. Any unit built as a result of an urban lot split must be for a term longer than 30 days. Short
term rentals are prohibited:
2. Comply with Subdivision M p Act: Urban lot splits must conform to all applicable
objective requirements of the Subdivision Map Act (Division 2 (commencing with Section
66410) except as expressly provided in this section.
3. Dedication and Off -Site Improvements: A dedication of rights-of-way or the construction
of offsite improvements for the parcels being created cannot be required as a condition of
issuing a parcel map.
4. Size and Number: The parcel map subdividing an existing parcel must create no more than
two new parcels of approximately equal lot area provided that one parcel shall not be
smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
11
5. Minimum Size: Both newly created parcels created by an urban lot split must be no smaller
than 1,200 square feet.
6. Prior Urban Lot Split: The parcel has not been established through prior exercise of an
urban lot split as provided for in this section.
7. Previously Subdivided Adjacent Site: Neither the owner of the parcel being subdivided nor
any person acting in concert with the owner has previously subdivided an adjacent parcel
using an urban lot split as provided for in this section.
8. Existing Structures: No setback is required for an existing permitted structure, or a structure
constructed in the same location and to the same dimensions as an existing permitted
structure.
9. Demolition and Alteration: A proposed urban lot split must not require demolition or
alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last threeems.
10. Limit on Demolition: A proposed urban lot split must not demolish more than 25 percent
of the existing exterior structural walls. This does not apply if the housing development
has not been occupied by a tenant in the last three years.
11. Fire Department & Utility Easements: An easement must be provided over the front parcel
to the rear parcel for access to the public right of way, providing public services and
facilities maintenance of utilities and (if required) fire department access.
12. Owner Occupied: The applicant for an urban lot split must sign an affidavit stating that
the applicant will occupy one of the housing units as their principal residence for a
minimum of three years from the date of the approval of the urban lot split. This
requirement does not apply to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph(C) of paragraph (11) of subdivision (a) of Section 402.1 of the
Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in
Section 214.15 of the Revenue and Taxation Code.
13. Non -Conforming Zoning Conditions: Nonconformingzoning oning conditions are not required
to be made conforming before approving an application.
14. Objective Zoning Standards:
a. Flag Lots
1) Lot Width: All newly created parcels as a result of an urban lot split shall have a
minimum lot width of 50 feet.
2) Lot Frontage: The lot frontage for the flag lot development shall be a minimum of
15 feet and shall be parallel to the street.
12
b. Number of Units: A proposed urban lot split shall contain not more than two dwelling
units per lot All (existing or new) Accessory DwellingUnits and Junior ADUs
will be counted toward the maximum number of units. An urban lot split shall contain
not more than four residential units, two per parcel.
If the existing residential dwelling is proposed to remain on a lot, it shall be renovated
to match or complement the new construction in colors, materials, and architectural
style.
15. An urban dwelling that is proposed as part of an urban lot split shall conform to the standards
in Table 17 30 210.1 (Urban Dwelling and Urban Lot Split Development Standards).
D. Review and Approval.
1. Application: A completed Tentative Parcel Map application shall be submitted to the
Community Development Department with the accompanying fee. The filing fee shall
equal 50% of the Tentative Parcel Map fee as established by City Council resolution.
2. Staff Review: The director, or their designee will circulate the application for an urban lot
split along with the Parcel Map to affected city departments and outside agencies for
review and comment. City comments will be provided back to the applicant for review and
necessary revisions.
Building Official Review: A proposed urban dwelling may be denied if the building official
makes a makes a written finding based upon a preponderance of the evidence, that the
proposed housing development project would have a specific adverse impact, as defined
and determined in para rg aph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact The decision of the building
official may be appealed to the Planning Commission in compliance with section
17.160.030.
4. Ministerial Review: Proposals for urban lot split will be reviewed ministerially, without
discretionary review or a hearing.
5. Approval: If the application for urban lot split meets the requirements of Section 17.30.220,
the Director of Community Development or their designee shall approve the application.
The action of the director is final unless appealed pursuant to Section 17.160.030.
SECTION 7. Code Amendment. Section 16.08 — MINOR SUBDIVISIONS of Title 16
is HEREBY ADDED as follows:
16.08.240 — Urban Lot Splits.
1. Urban Lot Splits pursuant to Section 66411.7 of the Government Code and in conformance
with Section 17 30 220 of the Municipal Code are permitted and shall be processed in the
same manner as a Tentative Parcel Map as contained in this Chapter, except that no hearing
shall be required by either the Planning Commission or City Council.
13
2. No dedications shall be required.
3. The filing fee shall equal 50% of the Parcel Map Fee as established by City Council
resolution.
SECTION 8. Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not
affect the validity of the remaining section or portions of the Ordinance or part thereof. The City
Council hereby declares that it would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance
irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 9. Urgency. The City Council finds and declares that the adoption and
implementation of this ordinance is necessary to address the danger to public health, safety, and
general welfare as articulated above, and to immediately provide provisions to implement SB 9,
which became effective on January 1, 2022. The City Council therefore finds and determines that
this ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36934,
36937 and 65858 and takes effect immediately upon adoption by four-fifths of the City Council.
SECTION 10. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this -th day of January, 2022.
ATTEST:
Ericka Hernandez, City Clerk
14
Polly Low, Mayor
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Urgency Ordinance No. 1005 was
introduced and adopted, as an urgency measure pursuant to California Government Code section
36937 (b), at a regular meeting held on the 25th day of JanuM 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
15
Ericka Hernandez, City Clerk
Attachment B
Ordinance No. 1004
ORDINANCE NO. 1004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-04, AMENDING TITLE 17 (ZONING)
OF THE RMC BY UPDATING AND ADDING DEFINITIONS TO
SECTION 17.04.050, UPDATING TABLE 17.12.020.1 TO PERMIT AN
URBAN DWELLING AND AN URBAN LOT SPLIT AS A PERMITTED
USE IN THE R-1 ZONE, AND ADDING SECTION 17.30.210 FOR URBAN
DWELLINGS AND SECTION 17.30.220 FOR URBAN LOT SPLITS, AND
AMENDING TITLE 16 (SUBDIVISIONS) OF THE RMC BY ADDING
SECTION 16.08.240 FOR URBAN LOT SPLITS
WHEREAS, the City of Rosemead ("City") has adopted a General Plan to ensure a well-
planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the
General Plan; and
WHEREAS, State law requires that the Rosemead City Zoning Code, Title 17, of the
Rosemead Municipal Code ("RMC"), conform with the General Plan's goals and policies; and
WHEREAS, State law requires that the Rosemead City Subdivision Ordinance, Title 16,
of the Rosemead Municipal Code ("RMC"), comply with the Subdivision Map Act; and
WHEREAS, it is necessary from time to time to update the zoning ordinance and
subdivision ordinance to bring them into conformity with State law and to address public health,
safety, and welfare concerns; and
WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the Government
Code by Senate Bill 9 (SB 9) and became effective January 1, 2022; and
WHEREAS, the amended or added code sections require cities to ministerially approve
urban lot splits and the construction of up to two residential units ("Urban Dwellings") within the
"Urbanized Area" of the City, as designated by the US Census Bureau, subject to certain
limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of urban lot splits by
size and proportionality; and
WHEREAS, Government Code sections 65852.21(a)(2) and 66411.7(a)(3)(C) limits such
urban lot splits and construction to sites that are not located on or within certain farmland,
wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones,
special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for
protected species, and historic properties; and
WHEREAS, Government Code sections 65852.21(a)(3) through (a)(5), limits eligibility
of such construction of secondary units that proposes to demolish or alter housing subject to
affordability restrictions, housing subject to rent or price controls, housing that has been occupied
by a tenant in the last three years, housing that has been withdrawn from rent or lease within the
past 15 years, and housing that requires demolition of existing structural walls unless authorized
by local ordinance or has not been tenant -occupied within the past 3 years; and
WHEREAS, Government Code section 66411.7(a)(3)(D) also limits eligibility of an urban
lot split that proposes to proposes to demolish or alter housing subject to affordability restrictions,
housing subject to rent or price controls, housing that has been occupied by a tenant in the last
three years, housing that has been withdrawn from rent or lease within the past 15 years, and
housing that requires demolition of existing structural walls unless authorized by local ordinance
or has not been tenant -occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allows a
city to deny an urban lot split for properties within an historic district or listed on the State's
Historic Resource Inventory or within a site that is designated or listed as a city or county landmark
or historic property or district pursuant to a city or county ordinance; and
WHEREAS, Government Code sections 65852.21(b) and 66411.7(c) allows a city to
establish objective zoning standards, objective subdivision standards, and objective design review
standards, if it does not conflict with state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of "precluding the construction of two
units on either of the resulting parcels or that would result in a unit size of less than 800 square
feet"; and
WHEREAS, Government Code sections 65852.21 and 66411.7 allow a city to deny a
proposed housing development or urban lot split if the project would have a specific, adverse
impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, on January 13, 2022, a notice was published in the Rosemead Reader and
notices were posted in six locations, specifying the availability of the proposal, and the date, time,
and location of the public hearing for the code amendment; and
WHEREAS, on January 25, 2022, the City Council held a duly noticed public hearing to
receive public comment on the code amendment; and
WHEREAS, the City desires to adopt an ordinance that addresses the procedures for such
urban dwellings and urban lot splits, and provides objective standards, in accordance with State
law, and
WHEREAS, Rosemead Municipal Code Chapter 17.152 provides the specific procedures
for adopting such an ordinance.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Compliance with California Environmental Quality Act. The City
Council finds that this Ordinance is not subject to environmental review under the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines. Senate Bill 9 (Atkins) —
Government Code sections 65858.210) and 66411.7(n) — states an ordinance adopted to implement
the rules of Senate Bill 9 is not considered a project under Divisionl3 (commencing with Section
21000) of the Public Resources Code.
SECTION 2. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Municipal Code Amendment 21-04, in accordance with Section
17.152.060 of the Rosemead Municipal Code as follows:
A. The proposed amendment is consistent with the General Plan and applicable specific
plans;
FINDING: The proposed amendment is consistent with the General Plan and applicable
specific plans, as Government Code sections 65852.21 and 66411.7 require ministerial approval
of "urban dwellings" and "urban lot splits" if the proposed housing development meets certain
criteria. This allowance conflicts with General Plan Land Use Element of the City, which sets
density standards for the low-density residential zone. This Ordinance seeks to reconcile state law
and the Rosemead General Plan and to minimize its impact on the community and thereby comply
with the following land use goals and policies:
Goal 1, Policy 1.5: Require that new single-family residential construction, additions,
and renovations be designed to protect the privacy of adjacent residential properties and the
quality of established neighborhoods.
Goal 1, Policy 1.7. Foster housing stock and neighborhood revitalization, renovation, and
good site/architectural design.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as the proposed ordinance includes multiple provisions
to reduce the impact of subsequent development on the general welfare through objective zoning
standards. Pursuant to Government Code Sections 65852.21(d) and 66411.7 (d), the building
official may deny a housing project upon written findings, based upon a preponderance of the
evidence, that the proposed housing development project will have a specific adverse impact on
the physical environment and for which there is no feasible mitigation measure.
C. The proposed amendment is internally consistent with other applicable provisions of
[the] Zoning Code.
FINDING: The proposed amendment modifies multiple sections of the Rosemead
Municipal Code to ensure that the entire Code is internally consistent and consistent with State
law.
SECTION 3. Code Amendment. The code amendment will add the definitions of an
"Urban Dwelling", "Urban Lot Split", and Figure 17.04.050.3x; update the definitions of "Lot
Depth", "Lot, Flag", and "Lot, Width"; and remove the definition for "Lot Width, Average" in
Rosemead Municipal Code Section 17.04.050 (Definitions). Section 17.04.050 (Definitions) of
Title 17 is HEREBY AMENDED as follows:
17.04.050 Definitions - General.
For use in this Title certain terms are hereby defined. Words used in the present tense shall include
the past and future tense and vice versa. Words in the singular form shall include the plural form
and vice versa. The words "shall" and "will" are mandatory and the words "should" and "may"
are permissive.
Words and phrases used in the Zoning Code and not specifically defined shall be construed
according to the context and common usage of the language and as ultimately determined by the
Community Development Director.
For the purpose of carrying out the intent of this title, certain terms, words, and phrases are defined
and shall be deemed to have the meaning ascribed to them as follows:
"Dwelling" means a structure or portion thereof designed exclusively for permanent
residential purposes, but not including hotels, motels, emergency shelters, or extended stay
locations.
"Urban Dwelling" means an attached or detached residential dwelling unit that complies
with Section 65852.21 of the Government Code as amended in Section 17.30.210 of the
Rosemead Municipal Code.
"Lot" means a parcel of real property shown as a delineated parcel with a number or other separate
designation on a plat recorded in the office of the County Recorder, or a parcel the dimensions or
boundaries of which are defined by a record of survey recorded pursuant to the provisions of the
Subdivision Map Act of the state, in the office of such recorder, or a parcel the dimensions and
boundary of which are shown on a plot plan or map filed, finally approved and in effect pursuant
to Title 16 of this Code, or a parcel containing not less than the minimum square footage required
in the zone in or a parcel held under separate ownership and lawfully separated in ownership prior
to the effective date of this chapter and all applicable predecessor ordinances, and abutting upon a
street or private easement.
"Lot Depth" means the length of a straight line drawn from the midpoint of the front lot line --and
+ ht � _ +„ _ _eh line +;,, with the lino nt� to the midpoint of the rear lot line
_D___ ____a__ aiii� iia �a..�� i v
(See Figure 17.04.050.3a).; provided, however, that r^r the pufpOse of meas„r-omen+ methods of
C!
NIMMI 0-011 W-1
C!
use= MOW
-
�.
"Lot, Flag" means a lot whose shape or property line configuration is created in a manner which
utilizes an extension of property for the exclusive purpose of obtaining vehicular and pedestrian
access to a public street. New flag lot subdivision is prohibited in the City of Rosemead with the
exception of flag lot subdivisions created by Senate Bill 9 (Government Code sec. 66411.7). Refer
to 17.30.220 Urban Lot Splits for flag lot subdivision standards.
"Lot, Urban Lot Split" means lots created pursuant to Section 66411.7 of the Government Code
as amended in Section 17.30.220 of the Rosemead Municipal Code.
"Lot Width" means the minimum horizontal distance between the side lot lines measured at right
angles from the midpoint of lot depth the f ^„+ setb „ k4ine (See Figure 17.04.050.3a).
Figure 17.04.050.3a
-- ---Street--- --
T No Changes to Existing
i Setback From Original
i
Proposed Property Lines
� 'i
Flag Lot ,i
I,
—D L Lot
l
Ori ina! i I Existing I l Width
Original i I Dwelling I
Parcel — _ — _ — >50'
i
Flag Lotl '
Width
>50' I I
, 1
Flag lot
Depth
I
• i
SECTION 4. Code Amendment. Section 17.30.210 (Urban Dwellings) of Title 17 is
HEREBY ADDED as follows:
17.30.210 Urban Dwellings.
Sections:
A.
Purpose.
B.
Applicability.
C.
Urban Dwellings.
D.
Review and Approval.
A. Purpose.
The purpose of this section is to implement Government Code Section 65852.21, which allows
the City to adopt an urban dwelling ordinance. Notwithstanding any other provision of this
Zoning Code to the contrary the provisions in this section shall govern the development of
urban dwellings in the City of Rosemead.
B. Applicability.
1. A proposed urban dwelling must be located within the R-1 (Single Family Residential), on
the Official Zoning Map as defined in Article 2, Section 17.08.020 (Official Zoning Map).
2. A proposed urban dwelling must not be located within a historic district or property
included on the State Historic Resources Inventory (see Section 5020.1 of the Public
Resources Code) or within a site that is designated or listed as a city landmark or historic
property or district pursuant to a city ordinance.
3. A proposed urban dwelling must not be on a parcel located in the areas specified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
4. A proposed urban dwelling must not be on a parcel on which an owner of residential real
property has exercised the owner's rights under Chapter 12.75 (commencing with Section
7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15
years before the date that the development proponent applies.
C. Urban Dwellings.
The following provisions shall apply to an urban dwelling:
1. The rental of an urban dwelling must be for a term longer than 30 days. Short term rentals
are prohibited.
2. Demolition and Alteration: A proposed urban dwellings must not require demolition or
alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
3. Limit on Demolition: A proposed urban dwelling must not demolish more than 25 percent
of the existing exterior structural walls. This does not apply if the housing development
has not been occupied by a tenant in the last three years.
4. The urban dwelling shall comply with all requirements of the most recently adopted
Buildinu Code and Fire Code.
5. An urban dwelling unit may be attached to an existing dwelling unit (duplex) or built as a
separate detached unit, provided that the structures meet the building code and are
sufficient to allow separate conveyance.
6. None of the standards contained herein shall preclude construction of an 800 square foot
urban dwelling unit.
7. Objective Zoning Standards:
a. Number of Units: A proposed urban dwelling must contain no more than two units.
b. If the existing residential dwelling is proposed to remain on a lot, it shall be renovated
to match or complement the new construction in colors, materials and architectural
style.
8. An urban dwelling shall conform to the standards in Table 17.30.210.1 (Urban Dwelling
and Urban Lot Split Development Standards).
Table 17.30.210.1: Urban Dwelling and Urban Lot Split Development Standards
Development
Standard
Existing
Dwelfin2
New Urban Dwelling
Notes and
tions
Minimum Size
Mqy remain as is
500 sq. ft.
Maximum Size
May remain as is
If the proposed urban
dwelling meets all R-1
development standards
then the maximum
size is determined by
F.A.R.
Front Setback
Ma remain as is
20 ft.*
Rear Setback
May remain as is
Lesser of 25 ft. or 20%
More than 4
bedrooms and
of lot depth*
2,000 sq. ft.: 35
ft. *
Side Setback
May remain as is
I" Floor: Greater of 5
For corner lots,
ft. or 10% of lot
refer to Rosemead
width*
2" d Floor: 5 ft. min. 15
Municipal Code
Table 17.12.030*
ft. combined*
Building Se aration
20 ft.*
Parking
May remain as is
One Space per unit
None required if
located within `/2
mile of transit
*If the proposed urban dwelling is unable to comply with the following R -I development
standards an urban dwelling that is at least 800 sq. ft. in floor area, with side and rear
yard setbacks of 4 ft. shall be permitted.
D. Review and Approval.
1. Application: A completed application for Administrative Site Plan and Design Review
shall be submitted to the Community Development Department along with the
accompanying fee.
2. Staff Review: The director, or their designee, shall circulate the application for an urban
dwelling to affected city departments for review and comment. All comments will be
provided back to the applicant for review and any necessary revisions to the plans.
Buildins Official Review: A proposed urban dwelling may be denied if the building official
makes a makes a written finding based upon a preponderance of the evidence, that the
proposed housing development project would have a specific adverse impact as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5 upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. The decision of the building
official may be appealed to the Planning Commission in compliance with section
17.160.030.
4. Ministerial Review: Proposals for an urban dwelling will be reviewed ministerially,
without discretionary review or a hearing.
5. Approval: If the Uplication for an urban dwelling meets the requirements of Section
17.30.210, the Director of Community Development, or their designee, shall approve the
implication The action of the director is final unless appealed pursuant to Section
17.160.030.
SECTION 5. Code Amendment. Section 17.12.020.1 (Uses in Residential Districts) of
Title 17 is HEREBY AMENDED as follows:
Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS
Land Use
Residential Uses
Single-family Dwellings
Requirements by
District
R-1 I R-2 I R-3
Specific Use Regulations
See section 17.12.030 for district specific
requirements. See Chapter 17.42 for
corridor or if car
share located
within one block
Height
May remain as is
Two -slog — 30 ft.
*If the proposed urban dwelling is unable to comply with the following R -I development
standards an urban dwelling that is at least 800 sq. ft. in floor area, with side and rear
yard setbacks of 4 ft. shall be permitted.
D. Review and Approval.
1. Application: A completed application for Administrative Site Plan and Design Review
shall be submitted to the Community Development Department along with the
accompanying fee.
2. Staff Review: The director, or their designee, shall circulate the application for an urban
dwelling to affected city departments for review and comment. All comments will be
provided back to the applicant for review and any necessary revisions to the plans.
Buildins Official Review: A proposed urban dwelling may be denied if the building official
makes a makes a written finding based upon a preponderance of the evidence, that the
proposed housing development project would have a specific adverse impact as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5 upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. The decision of the building
official may be appealed to the Planning Commission in compliance with section
17.160.030.
4. Ministerial Review: Proposals for an urban dwelling will be reviewed ministerially,
without discretionary review or a hearing.
5. Approval: If the Uplication for an urban dwelling meets the requirements of Section
17.30.210, the Director of Community Development, or their designee, shall approve the
implication The action of the director is final unless appealed pursuant to Section
17.160.030.
SECTION 5. Code Amendment. Section 17.12.020.1 (Uses in Residential Districts) of
Title 17 is HEREBY AMENDED as follows:
Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS
Land Use
Residential Uses
Single-family Dwellings
Requirements by
District
R-1 I R-2 I R-3
Specific Use Regulations
See section 17.12.030 for district specific
requirements. See Chapter 17.42 for
Requirements by
Land Use
District
Specific Use Regulations
FR- 71RR-1
R -2
R-3
Urban Dwelling
p
—
—
See section 17.30.2 10 for specific
—
—
requirements.
Urban Lot Split
p
_
_
See section 17.30.220 for specific
requirements.
Two-family Dwellings (Duplex)
—
p
p
See section 17.12.030 for district specific
requirements.
See section 17.12.030 for district specific
Multiple -family Dwellings
—
—
DR
requirements.
Accessory Dwelling Unit
p
p
P
See Article 3, Chapter 17.30, Section
j 17.30.190 (Accessory Dwelling Units)
Mobile Home Parks
CUP
CUP
CUP
See Article 3, Chapter 17.46 (Mobile
Home Parks and Park Conversions)
Boarding House or Rooming House — — — Not permitted
Short-Term Rental — — — Not permitted
Care Uses
Child Care Home, Small Family (eight See Article 3, Chapter 17.30, Section
or fewer) P P P 17.30.160 (Large and Small Family Child
Day Care Home Facilities)
HomeLarge Family (nine
See Article 3, Chapter 17.30, Section
[ChlildCare ,
—
AUP
AUP
17.30.160 (Large and Small Family Child
4)
Day Care Home Facilities)
Residential Care Facilities (six or
P
P
P
fewer)
Residential Care Facilities (seven or
—
CUP
CUP
more)
Supportive Housing
P
P
P
Transitional Housing
P
P
P
Agriculture and Animal-Related Uses
Animal Keeping A A A See Title 6 (Animals) of the Municipal
Code
Horticulture - Private A A I A
Other Uses
Accessory Structures A A A See Section 17.12.030 and Article 3
Chapter 17.32 (Accessory Structures)
Educational Institution - Private
CUP I
CUP
CUP
Educational Institution - Public
P
P
P
Home Occupaiions, including Cottage
A
A
A
See Title 5, Chapter 5.41 (Home
Food Operations.
Occupations)
I Land Use
Requirements by
District
R-1 IR -2 IR -3
Lighted outdoor sporting field or courtI
(tennis, basketball, etc.).
CUP
CUP
CUP
Places of Religious Assembly
CUP
I CUP
I CUP
Public Buildings and Facilities
AUP
AUP
AUP
Public Utility Facilities
I P
I P
P
Telecommunication Facilities, not
including Wireless Telecommunication
Facilities
CUP
CUP
CUP
Specific Use Regulations
See Article 4, Section 17.68.060
Temporary Uses and Special Events See Article 5, Chapter 17.124 (Temporary Use Permits and
Special Events)
P Permitted Use
A Permitted Accessory Use
AUP Administrative Use Permit Required
CUP Conditional Use Permit Required
— Use Not Allowed
DR Discretionary Design
SECTION 6. Code Amendment. Section 17.30.220 (Urban Lot Splits) of Title 17 is
HEREBY ADDED as follows:
17.30.220 Urban Lot Splits.
Sections:
A. Purpose.
B. Applicability.
C. Urban Lot Splits.
D. Review and Approval.
A. Purpose.
The purpose of this section is to implement Government Code Section 66411.7, which allows the
City to adopt an urban lot split ordinance Notwithstanding an other ther provision of the Municipal
Code to the contrarv. the provisions in this section shall Povern the development of an urban lot
split in the City of Rosemead.
B. Applicability.
1. A proposed urban lot split must be located within the R-1 (Single Family Residential), on
the Official Zoning Map as defined in Article 2 Section 17.08.020 (Official zoning map).
2. A proposed urban lot split must not be located within a historic district or property included
on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources
Code) or within a site that is designated or listed as a city or county landmark or historic
property or district pursuant to a city or county ordinance.
3. Other Instances:
10
a. An urban lot flit is prohibited if the parcel is located areas specified in subparagraphs
(B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
b. An urban lot split is prohibited if the owner of residential real property has exercised
the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division
7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the
date that the development proponent applies.
C. Urban Lot Splits.
The following provisions shall apply to an urban lot split:
1. Any unit built as a result of an urban lot split must be for a term longer than 30 days. Short
term rentals are prohibited:
2. Comply with Subdivision Map Act: Urban lot splits must conform to all applicable
objective requirements of the Subdivision Map Act (Division 2 (commencing with Section
66410)), except as expressly provided in this section.
3. Dedication and Off -Site Improvements: A dedication of rights-of-way or the construction
of offsite improvements for the parcels being created cannot be required as a condition of
issuing a parcel map.
4. Size and Number: The parcel map subdividing an existing parcel must create no more than
two new parcels of approximately equal lot area provided that one parcel shall not be
smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
5. Minimum Size: Both newly created parcels created by an urban lot split must be no smaller
than 1,200 square feet.
6. Prior Urban Lot Split: The parcel has not been established through prior exercise of an
urban lot split as provided for in this section.
7. Previously Subdivided Adjacent Site: Neither the owner of the parcel being subdivided nor
any person acting in concert with the owner has previously subdivided an adjacent parcel
using an urban lot split as provided for in this section.
8. Existing Structures: No setback is required for an existing permitted structure, or a structure
constructed in the same location and to the same dimensions as an existing permitted
structure.
9. Demolition and Alteration: A proposed urban lot split must not require demolition or
alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
11
10. Limit on Demolition: A proposed urban lot split must not demolish more than 25 percent
of the existing exterior structural walls. This does not apply if the housing development
has not been occupied by a tenant in the last three years.
11. Fire Department & Utility Easements: An easement must be provided over the front parcel
to the rear parcel for access to the public right of way, providing_ public services and
facilities maintenance of utilities and (if required) fire department access.
12. Owner Occupied: The applicant for an urban lot split must sign an affidavit stating that
the applicant will occupy one of the housing units as their principal residence for a
minimum of three years from the date of the approval of the urban lot split. This
requirement does not apply to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the
Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in
Section 214.15 of the Revenue and Taxation Code.
13. Non-ConformingZoning oning Conditions: Nonconformingzoning oning conditions are not required
to be made conforming before approving an application.
14. Objective Zoning Standards:
a. Flag Lots
1) Lot Width: All newly created parcels as a result of an urban lot split shall have a
minimum lot width of 50 feet.
2) Lot Frontage: The lot frontage for the flag lot development shall be a minimum of
15 feet and shall be parallel to the street.
b. Number of Units: A proposed urban lot split shall contain not more than two dwelling
units per lot All (existingor r new) Accessory Dwelling Units (ADUs) and Junior ADUs
will be counted toward the maximum number of units. An urban lot split shall contain
not more than four residential units, two per parcel.
c. If the existing residential dwelling is proposed to remain on a lot, it shall be renovated
to match or complement the new construction in colors materials, and architectural
style.
15. An urban dwelling that is proposed as part of an urban lot split shall conform to the standards
in Table 17.30.210.1 (Urban Dwelling and Urban Lot Split Development Standards).
D. Review and Approval.
1. Application: A completed Tentative Parcel Map application shall be submitted to the
Community Development Department with the accompanying fee. The filing fee shall
equal 50% of the Tentative Parcel Map fee as established by City Council resolution.
2. Staff Review: The director, or their designee will circulate the application for an urban lot
split along with the Parcel Map to affected city departments and outside agencies for
12
review and comment. City comments will be provided back to the applicant for review and
necessary revisions.
Building Official Review: A proposed urban dwelling may be denied if the building official
makes a makes a written finding based upon a preponderance of the evidence, that the
proposed housing development project would have a specific adverse impact as defined
and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The decision of the building
official may be appealed to the Planning Commission in compliance with section
17.160.030.
4. Ministerial Review: Proposals for urban lot split will be reviewed ministerially, without
discretionary review or a hearing.
5. Approval: If the application for urban lot split meets the requirements of Section 17.30.220
the Director of Community Development or their designee, shall approve the application.
The action of the director is final unless appealed pursuant to Section 17.160.030.
SECTION 7. Code Amendment. Section 16.08 — MINOR SUBDIVISIONS of Title 16
is HEREBY ADDED as follows:
16.08.240 — Urban Lot Splits.
1. Urban Lot Splits pursuant to Section 66411.7 of the Government Code and in conformance
with Section 17 30.220 of the Municipal Code are permitted and shall be processed in the
same manner as a Tentative Parcel Map as contained in this Chapter, except that no hearing
shall be required by either the Planning Commission or City Council.
2. No dedications shall be required.
3. The filing fee shall equal 50% of the Parcel Map Fee as established by City Council
resolution.
SECTION 8. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
the purposes set forth in this Ordinance.
SECTION 9. Enforceability. Repeal of any provision of the RMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance's effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 10. Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not
13
affect the validity of the remaining section or portions of the Ordinance or part thereof. The City
Council hereby declares that it would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance
irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this _ day of January, 2022.
ATTEST:
Polly Low, Mayor
APPROVED AS TO FORM:
Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney
14
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1004 was first
introduced at the regular meeting of January 25th, 2022 by first reading. Said Ordinance was
approved and adopted by the City Council of the City of Rosemead at a regular meeting held on
the th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
15
Ericka Hernandez, City Clerk
rT4
Attachment C
Senate Bill 9, Atkins
STATEOF CALIFORNU
LFCt1LEt1-E AUTHENTICATED
IIi�RUtIL ELERRONIC LEGAL MATERIAL
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and
66411.7 to, the Government Code, relating to land use.
[Approved by Govemor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted an
ordinance, by ministerial approval, in accordance with specified standards
and conditions.
This bill, among other things, would require a proposed housing
development containing no more than 2 residential units within a
single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets
certain requirements, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that is
subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income,
that the proposed housing development does not allow for the demolition
of more than 25% of the existing exterior structural walls, except as provided,
and that the development is not located within a historic district, is not
included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic
property or district.
The bill would set forth what a local agency can and cannot require in
approving the construction of 2 residential units, including, but not limited
to, authorizing a local agency to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless
those standards would have the effect of physically precluding the
construction of up to 2 units or physically precluding either of the 2 units
from being at least 800 square feet in floor area, prohibiting the imposition
of setback requirements under certain circumstances, and setting maximum
setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the
design and improvement of subdivisions in the legislative body of a local
agency and sets forth procedures governing the local agency's processing,
approval, conditional approval or disapproval, and filing of tentative, final,
and parcel maps, and the modification of those maps. Under the Subdivision
Map Act, an approved or conditionally approved tentative map expires 24
94
Ch. 162 —2—
months
2—
months after its approval or conditional approval or after any additional
period of time as prescribed by local ordinance, not to exceed an additional
12 months, except as provided.
This bill, among other things, would require a local agency to ministerially
approve a parcel map for an urban lot split that meets certain requirements,
including, but not limited to, that the urban lot split would not require the
demolition or alteration of housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income, that the parcel is located
within a single-family residential zone, and that the parcel is not located
within a historic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or listed as a city
or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in
approving an urban lot split, including, but not limited to, authorizing a
local agency to impose objective zoning standards, objective subdivision
standards, and objective design standards, as defined, unless those standards
would have the effect of physically precluding the construction of 2 units,
as defined, on either of the resulting parcels or physically precluding either
of the 2 units from being at least 800 square feet in floor area, prohibiting
the imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances. The
bill would require an applicant to sign an affidavit stating that they intend
to occupy one of the housing units as their principal residence for a minimum
of 3 years from the date of the approval of the urban lot split, unless the
applicant is a community land trust or a qualified nonprofit corporation, as
specified. The bill would prohibit a local agency from imposing any
additional owner occupancy standards on applicants. By requiring applicants
to sign affidavits, thereby expanding the crime of perjury, the bill would
impose a state -mandated local program.
The bill would also extend the limit on the additional period that may be
provided by ordinance, as described above, from 12 months to 24 months
and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency,
as defined, to prepare, or cause to be prepared, and certify the completion
of, an environmental impact report on a project that it proposes to carry out
or approve that may have a significant effect on the environment. CEQA
does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above,
would thereby exempt the approval of projects subject to those processes
from CEQA.
The California Coastal Act of 1976 provides for the planning and
regulation of development, under a coastal development permit process,
within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
94
-3— Ch. 162
This bill would exempt a local agency from being required to hold public
hearings for coastal development permit applications for housing
developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use
regulations, the bill would impose a state -mandated local program.
The bill would include findings that changes proposed by this bill address
a matter of statewide concern rather than a municipal affair and, therefore,
apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to
read:
65852.21. (a) A proposed housing development containing no more
than two residential units within a single-family residential zone shall be
considered ministerially, without discretionary review or a hearing, if the
proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located
within a city, the boundaries of which include some portion of either an
urbanized area or urban cluster, as designated by the United States Census
Bureau, or, for unincorporated areas, a legal parcel wholly within the
boundaries of an urbanized area or urban cluster, as designated by the United
States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B)
to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the
proposed housing development would not require demolition or alteration
of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(B) Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The parcel subject to the proposed housing development is not a
parcel on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 to withdraw accommodations from rent or lease within
15 years before the date that the development proponent submits an
application.
94
Ch. 162 —4—
(5)
4—
(5) The proposed housing development does not allow the demolition
of more than 25 percent of the existing exterior structural walls, unless the
housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years.
(6) The development is not located within a historic district or property
included on the State Historic Resources Inventory, as defined in Section
5020.1 of the Public Resources Code, or within a site that is designated or
listed as a city or county landmark or historic property or district pursuant
to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in
paragraph (2), a local agency may impose objective zoning standards,
objective subdivision standards, and objective design review standards that
do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards,
objective subdivision standards, and objective design standards that would
have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least
800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required
for an existing structure or a structure constructed in the same location and
to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not
described in clause (i), a local agency may require a setback of up to four
feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with
subdivision (b), a local agency may require any of the following conditions
when considering an application for two residential units as provided for in
this section:
(1) Off-street parking of up to one space per unit, except that a local
agency shall not impose parking requirements in either of the following
instances:
(A) The parcel is located within one-half mile walking distance of either
a high-quality transit corridor, as defined in subdivision (b) of Section 21155
of the Public Resources Code, or a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(2) For residential units connected to an onsite wastewater treatment
system, a percolation test completed within the last 5 years, or, if the
percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed
housing development project if the building official makes a written finding,
based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or the physical environment and for which there is
94
5— Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
(e) A local agency shall require that a rental of any unit created pursuant
to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall
not be required to permit an accessory dwelling unit or a junior accessory
dwelling unit on parcels that use both the authority contained within this
section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision
(b), an application shall not be rejected solely because it proposes adjacent
or connected structures provided that the structures meet building code
safety standards and are sufficient to allow separate conveyance.
(h) Local agencies shall include units constructed pursuant to this section
in the annual housing element report as required by subparagraph (I) of
paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the
development proposes no more than two new units or if it proposes to add
one new unit to one existing unit.
(2) The terms "objective zoning standards," "objective subdivision
standards," and "objective design review standards" mean standards that
involve no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. These standards may
be embodied in alternative objective land use specifications adopted by a
local agency, and may include, but are not limited to, housing overlay zones,
specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) "Local agency" means a city, county, or city and county, whether
general law or chartered.
0) A local agency may adopt an ordinance to implement the provisions
of this section. An ordinance adopted to implement this section shall not be
considered a project under Division 13 (commencing with Section 21000)
of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public
hearings for coastal development permit applications for a housing
development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and
any local law, a local agency shall ministerially approve, as set forth in this
section, a parcel map for an urban lot split only if the local agency determines
that the parcel map for the urban lot split meets all the following
requirements:
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Ch. 162 —6—
(1)
6—
(1) The parcel map subdivides an existing parcel to create no more than
two new parcels of approximately equal lot area provided that one parcel
shall not be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created
parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size
subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located within a
city, the boundaries of which include some portion of either an urbanized
area or urban cluster, as designated by the United States Census Bureau, or,
for unincorporated areas, a legal parcel wholly within the boundaries of an
urbanized area or urban cluster, as designated by the United States Census
Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B)
to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or
alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
(ii) Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property
has exercised the owner's rights under Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw accommodations from
rent or lease within 15 years before the date that the development proponent
submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included
on the State Historic Resources Inventory, as defined in Section 5020.1 of
the Public Resources Code, or within a site that is designated or listed as a
city or county landmark or historic property or district pursuant to a city or
county ordinance.
(F) The parcel has not been established through prior exercise of an urban
lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person
acting in concert with the owner has previously subdivided an adjacent
parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved
in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map
for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to
all applicable objective requirements of the Subdivision Map Act (Division
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2 (commencing with Section 66410)), except as otherwise expressly provided
in this section.
(3) Notwithstanding Section 66411. 1, a local agency shall not impose
regulations that require dedications of rights-of-way or the construction of
offsite improvements for the parcels being created as a condition of issuing
a parcel map for an urban lot split pursuant to this section.
(c) (1) Except as provided in paragraph (2), notwithstanding any local
law, a local agency may impose objective zoning standards, objective
subdivision standards, and objective design review standards applicable to
a parcel created by an urban lot split that do not conflict with this section.
(2) A local agency shall not impose objective zoning standards, objective
subdivision standards, and objective design review standards that would
have the effect of physically precluding the construction of two units on
either of the resulting parcels or that would result in a unit size of less than
800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for
an existing structure or a structure constructed in the same location and to
the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not
described in subparagraph (A), a local agency may require a setback of up
to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban
lot split if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing development
project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this
section, a local agency may require any of the following conditions when
considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities.
(2) A requirement that the parcels have access to, provide access to, or
adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local
agency shall not impose parking requirements in either of the following
instances:
(A) The parcel is located within one-half mile walking distance of either
a high-quality transit corridor as defined in subdivision (b) of Section 21155
of the Public Resources Code, or a major transit stop as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(f) A local agency shall require that the uses allowed on a lot created by
this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to
sign an affidavit stating that the applicant intends to occupy one of the
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Ch. 162 —8—
housing
8—
housing units as their principal residence for a minimum of three years from
the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a "community
land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11)
of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or
is a "qualified nonprofit corporation" as described in Section 214.15 of the
Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy
standards, other than provided for in this subdivision, on an urban lot split
pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant
to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval
of a parcel map application for the creation of an urban lot split, the
correction of nonconforming zoning conditions.
0) (1) Notwithstanding any provision of Section 65852.2, 65852.21,
65852.22, 65915, or this section, a local agency shall not be required to
permit more than two units on a parcel created through the exercise of the
authority contained within this section.
(2) For the purposes of this section, "unit" means any dwelling unit,
including, but not limited to, a unit or units created pursuant to Section
65852.21, a primary dwelling, an accessory dwelling unit as defined in
Section 65852.2, or a junior accessory dwelling unit as defined in Section
65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall
not be rejected solely because it proposes adjacent or connected structures
provided that the structures meet building code safety standards and are
sufficient to allow separate conveyance.
(0 Local agencies shall include the number of applications for parcel
maps for urban lot splits pursuant to this section in the annual housing
element report as required by subparagraph (I) of paragraph (2) of
subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) "Objective zoning standards," "objective subdivision standards," and
"objective design review standards" mean standards that involve no personal
or subjective judgment by a public official and are uniformly verifiable by
reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public
official prior to submittal. These standards may be embodied in alternative
objective land use specifications adopted by a local agency, and may include,
but are not limited to, housing overlay zones, specific plans, inclusionary
zoning ordinances, and density bonus ordinances.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions
of this section. An ordinance adopted to implement this section shall not be
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considered a project under Division 13 (commencing with Section 21000)
of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public
hearings for coastal development permit applications for urban lot splits
pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map
shall expire 24 months after its approval or conditional approval, or after
any additional period of time as may be prescribed by local ordinance, not
to exceed an additional 24 months. However, if the subdivider is required
to expend two hundred thirty-six thousand seven hundred ninety dollars
($236,790) or more to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of
the tentative map, excluding improvements of public rights-of-way that abut
the boundary of the property to be subdivided and that are reasonably related
to the development of that property, each filing of a final map authorized
by Section 66456.1 shall extend the expiration of the approved or
conditionally approved tentative map by 48 months from the date of its
expiration, as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the tentative
map more than 10 years from its approval or conditional approval. However,
a tentative map on property subject to a development agreement authorized
by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division
1 may be extended for the period of time provided for in the agreement, but
not beyond the duration of the agreement. The number of phased final maps
that may be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the
amount of two hundred thirty-six thousand seven hundred ninety dollars
($236,790) shall be annually increased by operation of law according to the
adjustment for inflation set forth in the statewide cost index for class B
construction, as determined by the State Allocation Board at its January
meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps
whose applications were received after the effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include traffic
controls, streets, roads, highways, freeways, bridges, overcrossings, street
interchanges, flood control or storm drain facilities, sewer facilities, water
facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not include any
period of time during which a development moratorium, imposed after
approval of the tentative map, is in existence. However, the length of the
moratorium shall not exceed five years.
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Ch. 162 —10—
(2)
10—
(2) The length of time specified in paragraph (1) shall be extended for
up to three years, but in no event beyond January 1, 1992, during the
pendency of any lawsuit in which the subdivider asserts, and the local agency
that approved or conditionally approved the tentative snap denies, the
existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid
for the same period of time as was left to run on the map at the time that
the moratorium was imposed. However, if the remaining time is less than
120 days, the map shall be valid for 120 days following the termination of
the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not include the
period of time during which a lawsuit involving the approval or conditional
approval of the tentative map is or was pending in a court of competent
jurisdiction, if the stay of the time period is approved by the local agency
pursuant to this section. After service of the initial petition or complaint in
the lawsuit upon the local agency, the subdivider may apply to the local
agency for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall either stay the
time period for up to five years or deny the requested stay. The local agency
may, by ordinance, establish procedures for reviewing the requests,
including, but not limited to, notice and hearing requirements, appeal
procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative
map shall terminate all proceedings and no final map or parcel map of all
or any portion of the real property included within the tentative map shall
be filed with the legislative body without first processing a new tentative
map. Once a timely filing is made, subsequent actions of the local agency,
including, but not limited to, processing, approving, and recording, may
lawfully occur after the date of expiration of the tentative map. Delivery to
the county surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the
approved or conditionally approved tentative map, the time at which the
map expires pursuant to subdivision (a) may be extended by the legislative
body or by an advisory agency authorized to approve or conditionally
approve tentative maps for a period or periods not exceeding a total of six
years. The period of extension specified in this subdivision shall be in
addition to the period of time provided by subdivision (a). Before the
expiration of an approved or conditionally approved tentative map, upon
an application by the subdivider to extend that map, the map shall
automatically be extended for 60 days or until the application for the
extension is approved, conditionally approved, or denied, whichever occurs
first. If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within 15 days
after the advisory agency has denied the extension.
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(f) For purposes of this section, a development moratorium includes a
water or sewer moratorium, or a water and sewer moratorium, as well as
other actions of public agencies that regulate land use, development, or the
provision of services to the land, including the public agency with the
authority to approve or conditionally approve the tentative map, which
thereafter prevents, prohibits, or delays the approval of a final or parcel
map. A development moratorium shall also be deemed to exist for purposes
of this section for any period of time during which a condition imposed by
the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the
city or county, and the city or county either did not take the necessary action
or by its own action or inaction was prevented or delayed in taking the
necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition of real property or any interest
in real property from a public agency, other- than the city or county that
approved or conditionally approved the tentative map, and that other public
agency fails or refuses to convey the property interest necessary to satisfy
the condition. However, nothing in this subdivision shall be construed to
require any public agency to convey any interest in real property owned by
it. A development moratorium specified in this paragraph shall be deemed
to have been imposed either on the date of approval or conditional approval
of the tentative map, if evidence was included in the public record that the
public agency that owns or controls the real property or any interest therein
may refuse to convey that property or interest, or on the date that the public
agency that owns or controls the real property or any interest therein receives
an offer by the subdivider to purchase that property or interest for fair market
value, whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as set
forth in subdivision (b), but not later than January 1, 1992, so long as the
public agency that owns or controls the real property or any interest therein
fails or refuses to convey the necessary property interest, regardless of the
reason for the failure or refusal, except that the development moratorium
shall be deemed to terminate 60 days after the public agency has officially
made, and communicated to the subdivider, a written offer or commitment
binding on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to
affordable housing is a matter of statewide concern and not a municipal
affair as that term is used in Section 5 of Article XI of the California
Constitution. Therefore, Sections 1 and 2 of this act adding Sections
65852.21 and 66411.7 to the Government Code and Section 3 of this act
amending Section 66452.6 of the Government Code apply to all cities,
including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act or
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Ch. 162 —12—
because
12—
because costs that may be incurred by a local agency or school district will
be incurred because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII B of
the California Constitution.
C
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