HomeMy WebLinkAboutAdopt Interim Urgency Ordinance No. 4249 Amending the Huntin 2000 Main Street,
Huntington Beach CA
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City of Huntington Beach
File #: 22-092 MEETING DATE: 3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
Adopt Interim Urgency Ordinance No. 4249 amending the Huntington Beach Zoning and
Subdivision Ordinance to establish objective standards for urban lot splits and housing units
constructed in accordance with Senate Bill 9
SIX AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS ORDINANCE PER GOVERNMENT
CODE SECTION 65858
Statement of Issue:
Transmitted for City Council consideration is an Urgency Ordinance amending the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) by adding Chapter 237 - Objective Standards for SB 9
Development Projects, to establish interim development standards and review procedures for
projects proposed pursuant to Senate Bill 9 (SB 9). SB 9 requires cities to ministerially approve two
unit developments and/or parcel maps to subdivide an existing lot in single-family residential zones.
If adopted, the urgency ordinance would be in effect for an initial 45-day period, unless further
extended pursuant to the provisions of Government Code section 65858.
Financial Impact:
There will be no direct financial impact.
Recommended Action:
Adopt Urgency Ordinance No. 4249, "An Interim Ordinance of the City Council of the City of
Huntington Beach Adding Chapter 237 to Title 23 of the Huntington Beach Zoning and Subdivision
Ordinance to Provide Objective Standards for Urban Lot Splits and Housing Units Built in Accordance
with Senate Bill 9, Declaring the Urgency Thereof, and Making a Finding of Exemption Under CEQA."
Alternative Action(s):
A. Do not adopt Urgency Ordinance No. 4249
B. Continue Urgency Ordinance No. 4249 and direct staff accordingly.
Analysis:
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A. PROJECT PROPOSAL:
The proposed urgency ordinance would amend the HBZSO by adding Chapter 237 - Objective
Standards for SB 9 Development Projects, establishing development standards and review
procedures for projects proposed pursuant to Senate Bill 9. Effective January 1, 2022, SB 9 adds
Sections 65852.21 and 66411 .7 to the Government Code. Section 65852.21 requires cities to
consider a proposed housing development containing no more than two residential units within a
single-family residential zone ministerially, without discretionary review or hearing, if the proposed
housing development meets certain requirements. Section 66411.7 requires local agencies to
ministerially approve a parcel map for an "urban lot split" meeting certain requirements. Both
statutes permit the City to impose objective zoning, subdivision, and design standards on such
projects as long as those standards would not have the effect of physically precluding the
construction of up to two units on a lot or physically preclude either of the two units from being at
least 800 square feet in floor area.
The proposed ordinance would establish the development standards and review procedures for
an interim period until the HBZSO is amended to incorporate permanent standards and
procedures. Government Code section 65858 authorizes the City Council by a 4/5 vote to adopt,
as an urgency measure, an interim ordinance for the immediate preservation of the public peace,
health or safety. Urgency ordinances do not require public hearings and may become effective
immediately upon adoption.
B. BACKGROUND:
SB 9 was signed into law by Governor Newsom on September 16, 2021, and became effective on
January 1, 2022. SB 9 was part of the California Senate's 2021 Housing Production Package, a
group of housing laws aimed at increasing housing supply throughout the state.
Summan/ of SB 9
To qualify for ministerial approval under S13 9, a two-unit development or urban lot split must satisfy
specified criteria. These qualifying criteria include, but are not limited to the following:
• The property must be located within a single-family residential zone.
• The proposed development cannot be located within a historic district or on property included on the
State Historic Resources Inventory, or within a site designated or listed as a city landmark or historic
property pursuant to a city ordinance.
• The development site cannot be prime farmland, wetlands, a site identified for conservation or habitat
preservation, or a regulatory floodway and the development must meet specified standards if it is
located in high or very high fire hazard severity zone, the flood zone, or within an earthquake fault
zone.
• The proposed development cannot require the demolition or alteration of housing occupied by a tenant
within the last three years.
• The proposed development cannot require the demolition or alteration of housing subject to a recorded
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covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate,
loNv, or very-low income.
• The proposed development cannot require the demolition or alteration of housing subject to any form of'
rent or price control.
• An owner of the property cannot have removed residential units on the property from the rental market
under the Ellis Act within the last 15 years.
• If the site has been occupied by a tenant within the last three years, the proposed development cannot
allow for the demolition of more than 25% of the existing exterior structural walls (unless allowed by
local ordinance).
In addition, in the case ol'an urban lot split:
• The parcel map must subdivide an existing lot to create no more than two new lots of approximately
equal lot area, provided that one lot shall not be smaller than 40% of the lot area of the original lot;
• Unless the city otherwise allows, both newly created lots must be no smaller than 1,200 square feet;
• The lot proposed to be subdivided must not have been established through a prior urban lot split;
• The subject lot cannot be adjacent to any lot established through an urban lot split by the owner of the
subject lot or by any person acting in concert with the owner of the subject lot; and
Except as otherwise provided in S13 9, the proposed subdivision must comply .with all objective
requirements of the Subdivision Map Act.
In limited circumstances, a city may deny an application for an S13 9 two-unit development or urban lot
split where the proposed project would have a specific, adverse impact upon health and safety or the
physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
SB 9 also outlines what types of regulations a local jurisdiction can and cannot impose on an SB
9 project:
Regulation Permitted Not Permitted
Subdivision - Easements for provision of public services - - Dedication of right-of-way - Construction
Requirements Easements to ensure subdivided lots have of off-site improvements - Correction of
access to the public right-of-way nonconforming zoning conditions
Objective - Objective zoning, subdivision, and design - No setback can be required if unit is built
Standards standards within the footprint of existing structure -
Otherwise maximum 4' setback from side
and rear yards - Standards cannot
physically prevent the development of an
800 s.f_ unit on each lot
Parking - Can require one space per unit - Cannot require parking if site is within '/2
mile of a high quality transit corridor or
major transit stop or if there is a car share
vehicle within a block of the project
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Rental - Can prohibit short term rental of any units - No additional owner occupancy
Restrictions created through SB 9 - For lot splits, applicants requirements are allowed
must submit an affidavit that they intend to
occupy one of the units as a principal
residence for at least 3 years
C. URGENCY ORDINANCE CONTENT:
The proposed urgency ordinance amending the HBZSO has been developed pursuant to the
regulations contained in SB 9 and reflect the minimum standards to protect the public health,
safety and welfare and ensure SB 9 projects do not have a detrimental impact on single-family
neighborhoods within the City. Below is a summary of the provisions of the proposed urgency
ordinance.
Applicability and General Requirements
• Permitted in the Residential Low Density (RL) zoning district and specific plans with RL
districts
• SB 9 project shall comply with all other applicable requirements laws, including the
HBZSO and Municipal Code
• Applicant must affirm the SB 9 project meets the eligibility requirements of SB 9 (as
listed in the Background section of this report)
• Application must include written approval from Homeowners' Association (HOA), if any
• New rental units created as a result of SB 9 shall be rented at a maximum rent
affordable to low income tenants; a copy of the lease or rental agreement shall be provided
to the City
• Applicant is required to record a covenant on the property with the following provisions:
o Non-residential uses, short-term rentals, and accessory dwelling units shall be
prohibited
o Property owner intends to occupy one of the housing units as their principal
residence for three years
o A subsequent urban lot split on land previously subdivided via an urban lot split
shall be prohibited
o Parking for any existing units shall be maintained
o Access to the public right-of-way shall be maintained in perpetuity
o Residential units on a single lot cannot be sold separately
Review procedures
• Applications for SB 9 projects shall be approved ministerially
• During the City's review, if the City identifies a potential issue with respect to adequate
water, sewer, traffic flow, or public safety, the City may require the applicant to submit an
Administrative Permit application
• A SB 9 project may be denied if the project, based on a preponderance of the evidence,
would have a specific, adverse impact with no feasible method to mitigate or avoid the
impact
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Objective Standards
All development standards not specified in the ordinance shall apply the standards of
the base zoning district
• Maximum size: 800 square feet
• Max number of bedrooms: one
• Maximum height: 16 feet/one story
• Side and rear setback: four feet (no encroachments would be permitted)
• Parking: one enclosed or partially enclosed space (i.e. - carport) per new unit; no
parking is required for new units within one-half mile of a high quality transit corridor or a
major transit stop or if there is a car share vehicle within one block of the project
• Design: all new units shall be architecturally consistent with the existing unit with
respect to architectural style, roof pitch, and color
• All new units shall have solar panels
• No rooftop decks shall be permitted
• Additional Lot Split Standards: minimum lot width: 20 feet; access to public right-of-way
must be maintained; flag lots are not permitted for corner lots, through lots, and lots with
alley access.
D. SUMMARY:
Staff recommends the City Council adopt the proposed urgency ordinance as an interim
ordinance, which provides a ministerial process for SB 9 projects in accordance with state law
while ensuring objective standards are in place to protect the City's single-family residential
neighborhoods from adverse impacts.
Environmental Status:
The proposed ordinance is exempt from CEQA pursuant to Government Code Section 65852.210) effective January 1,
2022. Furthermore, the ordinance is exempt from CEQA based on the following reasons. The proposed ordinance is not a
project within the meaning of Section 15378 of the CEQA Guidelines, because it has no potential for resulting in a
physical change in the environment, directly or ultimately. The proposed ordinance is categorically exempt from CEQA
under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in
accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the
evaluation and adoption of contemplated local legislation, regulation and policies. The ordinance is also not subject to
CEQA under the general rule in CEQA Guidelines Section 15061(b)(3), which exempts where it can be seen with
certainty that the project will not result in significant environmental effects. Additionally, any development contemplated
under the proposed ordinance must be treated ministerially, and any such projects would be subject to environmental
review requirements pursuant to CEQA.
Strateqic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Urgency Ordinance No. 4249, An interim Ordinance of the City Council of the City of Huntington Beach Adding
Chapter 237 to Title 23 of the Huntington Beach Zoning and Subdivision Ordinance to Provide Objective
Standards for Urban Lot Splits and Housing Units Built in Accordance with Senate Bill 9. Declaring the Urgency
Thereof, and Making a Finding of Exemption Under CEQA
2. Legislative Draft of Urgency Ordinance No. 4249
3. SB 9 statute (available at: https://Ieginfo.legislature.ca.gov/faces/biIINavCIient.xhtml?bill_id=202120220SB9)
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URGENCY ORDINANCE NO. 4249
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF TI-fE
CITY OF HUNTINGTON BEACH ADDING CHAPTER 237
TO TITLE 23 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TO PROVIDE OBJECTIVE
STANDARDS FOR URBAN LOT SPLITS AND HOUSING
UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9,
DECLARING THE URGENCY THEREOF, AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the Cite of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
WHEREAS, the State California has said that it is experiencing a housing supply crisis, which
has particularly exacerbated the need for affordable homes at prices below market rates.
WHEREAS, the California Legislature has declared a statewide housing emergency, to be in
effect until January 1, 2025.
WHEREAS, In response to the State's declared housing crises, the legislature enacted Senate
Bill 9 (SB 9), effective January I, 2022, which requires local agencies, including charter cities, to
ministerially approve urban lot splits and development of two residential units in single family
residential zoning districts provided that the projects meet certain criteria in order try to provide
more housing in the State..
WHEREAS, SB 9 projects have the potential to impact the health, safety, and welfare of
residents in the City. and particularly on the character of single family residential neighborhoods,
vehicular and pedestrian safety, on-street parking demand and impacts, and housing affordability.
As such. and notwithstanding any argument concerning the applicability of SB 9 to charter cities,
that the City Council finds that there is an immediate need to establish objective zoning and
subdivision standards for SB 9 projects in order to protect the public health, safety, and welfare
while it studies permanent land use regulations for such projects and to ensure SB 9 does not have
a detrimental impact on single family residential neighborhoods within the City. This process may
be lengthy and therefore the City Council wishes to adopt an interim ordinance that will take effect
immediately to ensure that the health, safety and welfare is not impacted by SB 9 projects.
WHEREAS; in order to address issues of affordability in the City, it is necessary for the City
to limit the size of'units developed pursuant to SB 9 and to require that some units be affordable
to low income families, as an interim measure to ensure that SB 9 developments do not conflict
with forthcoming permanent regulations.
WHEREAS, the City intends to study and formulate permanent regulations for the
implementation of SB 9 projects in the City. "Thus. the City Council wishes to adopt an interim
ordinance that will take effect immediately and preserve limits on development and rental rates for
units constructed under SB 9 while permanent standards are studied and formulated.
21.10639n76686
Ordinance No. 4249
WHEREAS, pursuant to Government Code Section 65858, the City Council may adopt, as an
urgency measure, an interim ordinance that prohibits certain developments that may be in conflict
with a contemplated zoning proposal that the City Council is considering, studying or intends to
study within a reasonable period of time.
WHEREAS, as described above, the City Council finds and determines that there is an
immediate threat to the public health, safety, or welfare and that urban lot splits and additional unit
development pursuant to SB 9 that do not conform with the objective standards established by the
City constitutes a threat to the public health, safety; or welfare.
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Notwithstanding any other ordinance or provision of' the Huntington Beach
N4unicipal Code or Huntington Beach Local Coastal Program, SB 9 Development Projects, as
defined herein, are prohibited unless the project complies with the following requirements, which
although interim, shall be codified as a new Chapter 237 of Title 23 of the Huntington Beach
Nfunjcipal Code, to read as follows:
"Chapter 237 OBJECTIVE STANDARDS FOR SB 9 DEVELOPMENT PROJECTS
237.02 Purpose
The provisions of this Chapter establish standards and procedures for projects developed pursuant
to the regulations included in Senate Bill 9 (SB 9) in order to qualify for ministerial approval.
237.04 Definitions
The following terms used in this Chapter shall have the meanings indicated below:
"Primary Residence" means the original dwelling on the property.
"Senate Bill 9 (SB 9)" means a state law passed by the California State Senate and approved by
the Governor on September 16. 2021. The legislation amends Government Code Section 66452.6
and adds Government Code Sections 65852.21 and 66411.7.
"Senate Bill 9 (SB 9) Development Project" consists of an Urban Lot Split or Single Family
Residential Duplex project approval pursuant to SB 9.
"Single Family Residential Duplex" means a proposed housing development containing no more
than two residential units on a single lot within an RL Low Density Residential District or other
identified low density residential area located within a Specific Plan. 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.
"Gross Floor Area" means the total enclosed area of a Single Family Residential Duplex, measured
to the outside face of the structural members in exterior walls, and including halls, stairways,
Ordinance No. 4249
elevator shafts at each floor level, service and mechanical equipment rooms, and habitable
basement or attic areas, but excluding area for vehicle parking and loading, consistent with
Huntington Beach Zoning Code Section 203.06.
"Urban Lot Split" means a parcel map subdivision permitted pursuant to SB 9 that creates no more
than two new parcels of approximately equal lot area, subject to the requirements of this Chapter.
"Unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to
Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in
Government Code Section 65852.2, or ajunior accessory dwelling unit as defined in Government
Code Section 65852.22.
237.06 Applicability
Notwithstanding any other provision of the Huntington Beach Municipal Code or Local Coastal
Program, the provisions of this Chapter shall apply to SB 9 Development Projects. Except as
expressly provided in SB 9 or in this Chapter, all other regulations of the underlying zone of a
property developed pursuant to SB 9 shall apply, along with all other applicable regulations from
the City of Huntington Beach Municipal Code and Local Coastal Program.
237.08 i\7inisterial Compliance Review Procedure
A. Proposed SB 9 Development Projects shall be subject to ministerial review by the
Community Development Department to determine whether the criteria for approval have been
met. The applicant shall also obtain a building permit, in addition to any and all other permits
required by the Code. An Urban Lot Split shall be processed as a parcel map, but no discretionary
review or public hearing shall be conducted, and with ministerial approval if all required criteria
have been met.
B. .Application Processing: Applicants are required to submit a General Planning application,
accompanied by a fee set by City Council Resolution, and including submittal requirements
designated by the Community Development Director. The applicant and the owner of a property,
for which an SB 9 Development Project is souglit, must provide a sworn statement affimling
eligibility with SB 9 regulations.
C. Urban Lot Splits: In addition to the General Planning Application,an Urban Lot Split shall
require submittal of a Tentative Parcel Map pursuant to Chapter 250. Urban Lot Splits shall be
subject to all submittal requirements and findings for approval of a tentative parcel map pursuant
to Title 25 and the Subdivision Map Act, except no public hearing shall be required for approval.
D. S13 9 Development Projects in the Coastal "Lone: An application for any SB 9 Development
Project in the coastal zone shall require submittal of a Coastal Development Permit pursuant to
Chapter 245. SB 9 Development Projects shall be subject to the findings for approval of a coastal
development permit and the noticing requirements in Chapter 245, except no public hearing shall
be required for approval.
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Ordinance No. 4249
E. In the event that the property upon which the proposed SB 9 Development Project is located
within a Homeowners Association ("HOA"), the applicant shall submit to the City written
evidence of the HOA's approval of the proposed Project concurrent with their application.
I,. The City, at the applicant's expense, may conduct independent inquiries and investigation
to ascertain the veracity of any or all portions of the sworn statement.
237.10 General Requirements
A property owner seeking approval of an S13 9 Development Project shall comply with the
following general requirements:
A. SB 9 and all objective requirements of other applicable state laws including the
Subdivision Ntap Act.
B. The i\4unicipal Code, including Title 17 (Buildings and Construction) and the Huntington
Beach Zoning Code, except as expressly provided in SB 9 or in this Ordinance.
C. Execution and recording of a covenant; supplied by the City and subject to the approval
of the City Attomey that contains the following provisions:
1. Non-residential uses on the site shall be prohibited:
2. The short term rental for periods less than 30 days of any units and accessory dwelling
units (ADUs) on the site shall be prohibited;
3. Any subsequent Urban Lot Split of land that was previously_ subdivided with an Urban
Lot Split shall be prohibited:
4. Except as provided in Government Code Section 6641 1.7 for community land trusts
and qualified nonprofit corporations, the owner of the property for which an Urban Lot
Split is proposed shall sign an affidavit stating that the owner intends to occupy one of
the housing units as their principal residence for at least three years from the date of
the approval of the Urban Lot Split;
5. Ongoing compliance with all SB 9 requirements and restrictions shall be required;
6. Access to the public right-of-way shall be maintained in perpetuity; and
7. All required parking for existing units shall be maintained.
D. Existing Non-Conforming Structure or Use. SB 9 Development Projects shall not be
located on any lot with an existing development that is non-conforming with respect to the City's
current use or development standards without obtaining an approval pursuant to Chapter 236.
E. In addition to the foregoing; the City shall review each application for any other issues
related to adequacy of water or sewer services, and/or the impact of the proposed SB 9
Development Project on traffic flow,or public safety. In the event that the City identifies a specific
adverse issue with respect to adequate water/sewer, traffic (low, or public safety, the City may
deny the Application and/or require the applicant to submit an Administrative Permit.
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Ordinance No. 4249
237.12 Objective Development Standards
All SB 9 Development Projects shall comply with the following objective standards. For any
development standard not explicitly identified below, the requirements of the underlying zoning
district shall apply, unless superseded by State Law.
A. Maximum Unit Size. No unit constructed pursuant to SB 9 regulations shall have a Gross
Floor Area in excess of 800 square feet and 1 bedroom.
B. Maximum I-leight/Stories. No detached unit constructed pursuant to S13 9 regulations shall
exceed sixteen (16) feet and/or exceed more than one stony in height.
C. Setbacks.
1. Any units constructed pursuant to the provisions of SB 9 shall have a minimum four
foot setback from all side and rear lot lines.
2. Front setbacks shall be as required pursuant to Chapter 210.
3. No portion of any unit constructed pursuant to the provisions of' SB 9, including but
not limited to FIVAC equipment, staircases, and patio covers, shall project into the
required rear, side, or front yard setback.
4. No additional setbacks shall be required if a unit is constructed within the footprint of
an existing structure on a lot.
D. Parking.
1. One enclosed or partially enclosed parking space is required for each unit created
pursuant to SB 9, unless the parcel upon which the unit is created is within one-half
mile walking distance of a high quality transit corridor or a major transit stop or there
is a car share vehicle located within one block of the project.
2. Except as provided herein, parking spaces shall comply with Chapter 231 of the Zoning
Code.
3. Any garage that serves and is located within the same structure as an SB 9 Development
Project may be permitted no closer than four feet from a side or rear property line, or
shall otherwise conform to the applicable setbacks within the zoning district.
4. New driveways proposed for parcels created by SB 9 Development Projects on interior
lots without alley access are limited to a maximum width of 10 feet if the proposed
frontage of the new parcel is 30 feet or less.
E. Design of Unit.
1. Any unit constructed pursuant to the provisions of' SB 9 shall be constructed upon a
permanent foundation.
2. Any unit of an SB 9 Development Project shall include sufficient permanent provisions
for living. sleeping, eating, cooking, and sanitation, including but not limited to washer
dryer hookups and kitchen facilities.
3. Any unit of an SB 9 Development project shall be connected to the public sewer. and
that connection shall be subject to a connection fee, or capacity charge, or both.
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Ordinance No. 4249
4. Any unit of an SB 9 Development Project shall have separate utility connections and
separate utility meters. \ion-public utility electrical elements such as wires, conduits,
junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed
from view from adjacent public rights-of-way.
5. Any unit of an SB 9 Development Project shall be architecturally consistent with the
existing residential dwelling. In addition, and except as provided in this Section, all
units shall be designed and sited to be similar to the existing dwelling with respect to
architectural style, roof pitch, color, and materials.
6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent
roof or wall material.
7. Any unit of an SB 9 Development Project shall include solar panels.
S. Any unit of an SB 9 Development Project shall not include roof decks or balconies
above or upon the unit.
9. Refuse storage areas shall be enclosed or semi-enclosed in a structure and concealed
from view from adjacent public rights-of-way and located outside of required setbacks.
F. Additional Standards Relating to Projects in the Coastal Zone. In addition to the above,
SB 9 Development Projects located within the Coastal Zone shall be designed and sited to:
1. Protect public access to and along the shoreline areas.
2. Protect public views to and along the ocean and scenic coastal areas.
J. Protect sensitive coastal resources.
4. Minimize and, where feasible, avoid shoreline hazards.
G. Affordable Rental Rate. If, pursuant to SB 9, more than one unit is developed on a lot,
such units shall be rented or leased at a maximum rate affordable to low income tenants, if they
are rented. Upon request from the City, the property owner shall furnish a copy of the rental or
lease agreement of any unit that is rented or leased and has resulted from an SB 9 Development
Project.
H. Additional Standards Relating to Urban Lot Splits. In addition to the above, Urban Lot
Splits shall comply the following standards:
I. No flag lots shall be created as a result of an Urban Lot Split if the subject property is
adjacent to an alley, located on a corner, or on a through lot. Provided however, that
this provision shall not apply to through lots abutting arterial highways.
2. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet
wide.
I The proposed parcel map shall demonstrate ability to access the public right-of-way in
perpetuity.
4. Development of both lots shall occur concurrently with the Urban Lot Split.
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Ordinance No. 4249
237.14 Exceptions
The Community Development Director shall approve an exception to any of the standards
specified in this Chapter upon determining that complying with the standard would physically
preclude the construction of up to two residential units per lot or would physically preclude either
of the two residential units from being 800 square feet in floor area.
237.16 Denial
The Community Development Director may deny an application for an SB 9 Development Project
upon making both of the following findings in writing based on the preponderance of the evidence:
1. The proposal would have a specific, adverse impact, as defined and determined in
Government Code Section 65589.5(d)(2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
237.18 Enforcement and Remedies
A. Criminal Fines and Penalties. Any person responsible for violating any provision of this
Chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney and/or
district attorney. Upon conviction, the person shall be punished as prescribed in Chapter 1.16.
13. Administrative Fines and Penalties. Whenever an officer charged with the enforcement of
any provision of this Municipal Code determines that a violation of this Chapter has occurred, the
officer shall have the authority to issue an administrative citation to any person responsible for the
violation in accordance with Chapter 1.16.
C. Public Nuisance and Lien on Property. Any use or condition caused, or permitted to exist,
in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance
and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or any
other remedy available at law. In accordance with Chapter 17.10, the City may also collect any
fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid
fee, cost or charge a lien against the property that is the subject of the enforcement activity.
D. Civil Action. In addition to any other enforcement permitted by the City's Zoning and/or
Municipal Codes, the City Attorney may bring a civil action for injunctive reliefand civil penalties
against any person who violates any provision of this Chapter. In any civil action that is brought
pursuant to this Chapter, a court of competent jurisdiction may award civil penalties and costs to
the prevailing party.
E. Revocation. Any violation of this Chapter may result in revocation of SB 9 Development
Project permit.
Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in
this Section shall prevent the City from initiating civil, criminal or other legal or equitable
proceedings as an alternative to any of the proceedings set forth above."
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Ordinance No. 4249
SECTION 2. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (`CEQA"), the State CEQA Guidelines,
and the environmtental regulations of the City. The City Council hereby finds and determines that
the Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210)
effective January 1. 2022. Furthermore, this Ordinance is exempt from CEQA based on the
following reasons. This Ordinance is not a project within the meaning of Section 15378 of the
State CEQA Guidelines, because it has no potential for resulting in physical change in the
environment, directly or ultimately. This Ordinance is categorically exempt from CEQA under
Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its
police power and in accordance with Government Code Section 65858 to assure maintenance and
protection of the environment pending the evaluation and adoption of contemplated local
legislation, regulation and policies. This Ordinance is not subject to CEQA under the general rule
in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Any development that would be
contemplated under this Ordinance must be treated ministerially, and any such projects would be
exempt from the environmental review requirements. For the reasons set forth herein above, it can
be seen with certainty that there is no possibility that this Ordinance will have a significant effect
on the environment.
SECTION 3 Authority. Pursuant to Government Code Section 65858, the City Council may,
to protect the public safety. health, and welfare, adopt, as an urgency measure, an interim ordinance
that prohibits certain developments that may be in conflict with a contemplated zoning proposal
that the City Council is considering, studying or intends to study within a reasonable period of time.
The City Council finds and determines that there is a potential for an immediate threat to public
health, safety, and welfare from SB 9 Development Projects that do not conform with certain
objective standards established by the City because of the potential of SB 9 Development Projects
to have a detrimental impact on single-family residential neighborhoods in the City, as mentioned
in the foregoing recitals, which are incorporated herein by referenced. Therefore, under the
authority of Government Code Section 65858, the City Council seeks to establish interim objective
standards to protect the public health, safety, and welfare, while the City studies permanent
standards for SB 9 Development Projects.
SECTION 4. Effective Date. This Ordinance is adopted as an urgency ordinance for the
immediate preservation of the public peace, health and safety pursuant to Government Code
Section 65858, and therefore shall be passed immediately upon its introduction and shall become
effective immediately upon its adoption by a minimum 4/5 vote of the City Council and shall
continue in effect for a period of no longer than forty- five (45) days. After notice pursuant to
Section 65090 of the California Government Code and public hearing, the City Council may
extend the effectiveness of-this Interim Ordinance as provided in Government Code Section 65858.
SECTION 5. Severability. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be considered a separate, distinct and independent
provision and such holding shall not affect the validity and enforceability of the other provisions
of this Ordinance.
8
Ordinance No. 4249
SECTION 6. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner
required by la«v.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of march ; 2022.
&OU :t✓
Mayor
ATTEST: APPROVED'AS TO POI-\9:
City Clerk jt ttomey hU1
REVIEI I AN APPROVED: INITIATED AND APPROVED:
City Manager Dtrectgr of Community Development
9
Interim Urgency Ord. No. 4249
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on March 1, 2022 and was passed and
adopted by at least six affirmative votes of said City Council.
AYES: Peterson, Bolton, Posev, Delgleize, Carr, Aloser, Kalmcik
NOES: None
ABSENT: None
ABSTAIN: None
I,ROBIN ESTANISLAU,CITY CLERK of the City of
Huntington Beach and es-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
11'aceon: March 10,2022.
In accordance with the Citv Charter of said Cin.
Robin Estanislau. Citv Clerk City Clerk and ex-officio Clerk
Deputv City Clerk of the City Council of the City
of Huntington Beach, California
Ltof&c-WCV OALD/n.rRnJCE No
LEGISLATIVE DRAFT
HBMC CHAPTF_B_237
"Chanter 237 WECTIVE STANDARDS FOR SB 9 DEVELOPMENT PRO]ECTS
237.02 Purpose
The provisions of this hapter establish standards and_procsdures for projects developed pursuant to the
regulations_includedij Senate Bill 9(SB 9)in order to guafify for ministerial approval.
237.04 Definitions
The followingterms used in this Chapter shall have the meanings indicatetbelow:
" unary Residence"means the original dwelling on the property.
"Senate Bill 9 (SB 9)" means a state law passed by the California State Senate and approved by the
Governor on September 16, 202I. The legislation amends Government Code Section 66452.6 and adds
Ctovernment Code Sections--65852,21 and 66411.1
"senate (sill ) (SB41_J?evelopmentfxgt ct consists_oLan Urban Lot Split or Sincle_Farnily Residential
Dsrplcx project approval pursuant to SB 9.
'Single Famih Rc,idcntial Duple,\" means a proposed housing development_containingno more than two
residential unit,on a,ingle lot \%ithin an RL Loss Dcnsit) Re,idential District_piotheridentiLed lower
residential area located within a Specific Plan. A housing development contains-LwQresidential uniU jLl m
developmcnt proposes no more than two new units or ifitprolposes to add one new unitto one existin¢unit.
rm loor Area" means the total enclosed area of a5ingle Family Residential Duplex,measuredtQtt
otuside-face of the structural members in exterior wallss and_induding halls, stairways, elevator shafts a4
cash oor_level, service and mechanical equipment-room . and habitable basement or attic areas, but
exchrd_m�_.area for vehicle parking and loading consistent with Huntington Beach Zoning Code Section
203.06.
� ban Lot Spl,"cans a parcel map subdivision permitted.pursuant to W -that creates n=ore than
O n_ew parcels proximately equal lot area,subject to the_[[iguinments of thisChapter.
knit'means any dwelling unit, including,but not limited to,a unit or units created pursuant to Government
Ckde Section 085'.21, a primary dwelling, an accessor) dwelling unit as defined in Government Code
Sccliog 5852.Z gLaiunior acces welling u efined in Government—Code Section 65&57 ?2
237.06 Applicability
Not"ithstanding any other provision of the I Iuntington Beach Municipal Code or Local Coastal Program,
the provisions of this Chapter shall apply to SB 9 Development Projects. Except as expressly provided in
SB9 or in this ChaptcL all other regulations of the underlyingzone of a property developed pursuant to SB
9 shall apply, along with all other applicable regulations from the City of Huntington Beach Municipal
Code and Local Coastal Program.
237.09 Ministerial Compliance Review Procedure
A. Proposed SB 9 Development projects shall be subject to ministerial review by the Commune y
Dgvclopment Department to determine whether the criteria for approval have been met. The applicant shall
also_obtain a building permit, in addition to any and all other permits required by the Code. An Urban Lot
S lit shall be processed as a parcel map,but no discretionary review or public hearing shall be conducted,
and withministerial approval if all required criteria have been met.
B. Application Processing: Applicants are required to submit a General Planning application
accompanied by a fee set by City Council Resolution,and including submittal requirements designated by
the Community Development Director. the applicant and the o"roer of a property, for which an SB9
Development Project is sought.must proN ide a s"orn statement affirming eligibility with SB 9 regulations.
C. Urban Lot Splits; In addition to the General Planning Application.an Urban Lot Splitshall Maui
submittal of a Tentative Parcel Map pursuant to Chapter 250. Urban Lot Sulit _shall4pt sullcQLAQ=aH
submittal requirement and findings for approval of a tentative parcel map ptu5uant to_.Titic_25 and-the
Subdi%i.ion Map Act, except no public hearing shall be required for approval.
D. SB 9 Development Projects in the.Coastal Zone: An application for.anX__SB_912evelopmentFrgiNt
in the coastal zone shall require submittal of a Coastal Development Permit pursuant to Chapter 245. SB_9
Development Projects,shall be subject to the findings for approval of a coastal development permit and-the
noticing requirements in Chapter 245.excepLno publichearing shall be required for approval,
E. In the event that the property upon which the proposed SB 9 Development Project is located within
aHomeowners Association("HOA"), the applicant shall submit to the City written evidence of the HOA's
approval of the proposed Project concurrent w ith their application.
F. The City, at the applicant'. cvpenw, ma% condtist_.indepcndcnt inquiries and investigation to
ac _ � orn statement.
a _o
237.10 General Requirements
A_property--ownerseeking approval of an SB 9_1Xydopmcnt-gject shall comply "ith the following
A. SB 9 and all objective requirements of other applicable state laws including the Subdivision Map
B. The Municipal Code,includine Title 17(Buildings ad onstructialerid the Huntington Beach
Zanin dc.except as expressly provided in SB 9 ori�this Ordinance,
C. Execution and recording of a covenant. supplied by the City and subject to the approval of the
Cb rney that contains the following provisions:
I. Non-residential uses on the site shall be prohibited;
2. the=short term rental for periods less than_30 days=of any units and a_cessM dwelling uni c
l_ADUs)on the site shall be prohibited;
3. Any subsequent Urban Lot Split of land that was-previous_Y SUbdivided lyjtlLaaUrban_ of
lit shall be prohibited;
4. Except as provided im—Government Code Section 66411.7 for community land trusts and
qualified nonprofit corporations, the owner of the property for which an I rhan I of `plit is
proposed shall sign an at'ida%it stating that the owner intends to occupy one of the housing
units as their principal residence for at ]cast three )cars from the date ol'the approval of the
Urban Lot Split;
5. Qn_going compliance withAU 513 9 requirements and restrictions shall be required;
6. Amss to the Public right-of-wav_shall be maintained in perpetuity;and
7. All required parking for existing units shall bemaintained.
D. Existing Non-Conforming Structure or Use. SB 9 Development Projects shall not be located on
any lot with an existing development that is non-conforming with respect to-the_.City's-current_use—or
development standards without obtaining an approval pursuant to Chapter 236.
F. In addition to the foregoing, the City, review each application for My othet_ sues rclatcd_tg
adequacy of w ater or sewer sen ices,and/or the impact of the proposed SB 9 Development Project on traffic
Ilow,or public safety. In the event that the City identifies a specific adverse issue with respect to adequate
watcrscwcr, traffic tlow, or public safet), the City may den) the Application and/or require the applicant
to submit an Administrative—Permit,
237.12 Ohiecbve Development Standards
All SB 9 Development Projects shall comply with the following objective standards. Fsrauv development
standard not explicitly identified below, the requiremontsoflhe underlying zoninz distriet shall apply,
unless superseded by—State—Lau,
A. Maximum Unit Size, No unit r nstructed pursuant to SB 9 regulations shall hayLA.Grm.EW
Area in excess of$00 sQuare feet and l bedroom.
B. Maximum HeightlStaria._No detached unit constructed pursuant to SB 9 regulations shall exceed
sixteen(16) feet and/or exceedmore than one story in height.
C. Setbacks,
I. Any units constructed pursuant to the prosisions2_SB 9 shall hasc a minimum foul
setback from all side and rear lot lines.
2. Front setbacks shall be as required pursuant to Chapter Za
3. No portion of any unit constructed pursuant to the provisions of SB 9.including but not limited
tp=HYAC.equipment, staircases, and patio covers, shall project into the required rear- side_or
l o Yard_setback.
4. No additional.setbacks shall be required if a unit is constructed within the footprint of an
existing structure on a lot.
D. Parking,
I. One enclosed or partially enclosed parking space is required for each unit created pursuant to
;Mess the parcel upon which the unit is created is within one-half mile walkingdistance
of ahigh quality transit corridor or a major transit stop or there is a car share vehicle located
within one block of the project.
2. Except as provided herein,parking spaces shall comply with Chapter 231011111 tZoningCode.
3. Any garage that serves and is located within the same structure as an-5B 9 Development Project
may be permitted no closer than four feet from a side or rear property line,or shall otherwise
conform to the applicable setbacks within the zoning district.
4. New driveways proposed for parcels created b) SB 9 Development Projects.on inn
without alley access are limited to a maximum width of 10 feet if the proposed frontage ofthe
new parcelia(I_f€etsrless.
E. Dssi>tn-ofllnit
1. &ny unit constructedpursuant to the provisions of SB 9 shall b"QWVucted upon a permanent
foundation.
2. Any unit of an SB 9 Development Project shall include sufficient permanent prop isions for
living, sleeping, eating, cooking, and sanitation, including but not limited to washer dger
bwkups and kitchen facilities.
3. Any unit of an 513 9 Development project shall be connected to the public sewer, and that
connection shall besubieclto a,connection fee, or capacity charge..
4. Any unit of an SB 4 Development Project shall haveparate utility connections and separate
utility meters. Noapubljc-utility electrical.elemen�such as wires, conduits,junction boxes,
transformers, ballasu Aa sz*Wb and panel boxes-sbAll be concealed from view from adjacent
public rights-of-way,
5. Any unit of an SB-2_D;velopment Project shall be architecturally consistent w ith the existing
residential dwellings. -1n addition, and except as provided in this scction, all units ,hall be
designed and sited to be simila[ -the existing dwelling with respect to architectural styh:'rW
pitch,color, and materials.
6. All flashing, sheet metal vents, and pipe stack, shall be painted to match the adjacent roof or
3yall material.
7. +r unit of an 5B 9 Development Project shall include solar panels.
8. Any unit of an 55 9 Development Prolecl shall not-include roof decks or balconies above or
tie unit.
9. Refuse storage areas shall-be enc Iosct or semi-encl - in a structure and concealed from view
from adjacent public rights-of-way 1wd ofrequired setbacks.
F. Additional Standards Relating to Prgiects in the Coastal Zone. In addition to the above.SB 9
DMIopment Projects located os ithin the Coastal Zone shall be designed and sited to:
I. Protect public access W and along the shoreline areas.
2. Erutect public views to mid along the ocean and scenic coastal areas.
3. Pmtect sensitive coastal resources.
4. Minimize andlW-here feasible, avoid shoreline hazards,
G. Affordable Rental Rate. If,pursuant to SB 9,more than one unit is dcscloped on a lot, 5 u_h urnis
shall be rented or leased at a maximum rate affordable to low income tenants, if they are rented.�n
request from the City, the property owner shall furnish a copy of the rental or lease agreement of any unit
that is rented or leased and has resulted from an SB 9 Development Project.
H. Additional Standards Relating to Urban Lot Splits,In addition to the above, Urban Lot Splits shall
compLy-the follow ing standards;
I. No tlaglolS hall be created as a result of an Urban Lot S�L[if thesub& t propeny is adjacent
La an alleyjMated on a corner,or on a through lot. Provided however that this provision shall
Wapply-to throughlgts abuttingacterialhighways.
2. The width of any lot resulting frQmAnUrban Lot Split shall not be less than Z.Q_feet wide.
3. The proposed parcel map shall demonstrate ability to access in
perpetuity.
4. Development of both lots shall occur concurrently w ith the Urban Lot Split.
237.14 Exceptions
The Communit) Development Director shall approve an exception to any of the standards specified in this
Chapter upon determining that complying with the standard soould physically preclude the construction of
up to two residential units per lot or weuldphysically preclude either of the two residential units from being
800 square lest in floor area.
237.16 Denial
The.Cvmmunity Iksclopment Director-may degy an application for an SB9 Development Project upon
makjn&.bQtb-Qf3k follow in,, findings in writing based on the preponderance of the evidence:
1. 1he proposal would haoc a specific, adverse impact, as defined and determined n-Wycrnmcm
Code Section 65589.5(d)(2).
2. lhhcre is no feasible method tci satisfactorily mitigate or avoid the_Wecifc2adverw immpaaL
A. Criminal Fines and Penalties._ Anv cersonresponsible_for violating any provision of this Chapter
is guilty of an infraction or a misdemeanor at the discretion of the City Attomey and/or district attomey.
Upon com iction.the person shall be punished as prescribed in Chapter 1.16.
B. Administrative Fines and Penalties. WI=veranofticer_c_hargcd with the enforcement of any
provision of this Municipal Code determino_thaLaviolatimoflhis__Chapter has occurred,the officer shall
have the authority to_is5u€an administrative citation to anv_ rson responsible for the violation in
accordance with Chapter-LIA&
C. Pybliesltusance_and Lien on Property. Any use or condition caused, or permitted to exist. in
yjplation of any provision of this chapter AgLlcanddshcreby declared to be,a public nuisance and may
k-sumntarily abated by the City pursuant=to Code of Civil Procedure Section 731 or any other remedy
ayailablc at law. In accordance with Chapter 17.10, the City nrty abo collect any fee, cost, or charge
incurred in the abatement of such nuisance by making the amount ohny unpaid fee,cost or charge a lien
against the property that is the subject of the enforcement activity.
D. CkilAction. In addition to any other enforcement permitted bytheCity's Zoning and/or Municipal
Codes,the City Attorney may bring a civil action for injunctive relief and civil penalties against any person
who violates any pro\ision of this Chapter. In any civil action that is brought pursuant to this Chapter,#
MW of competent jurisdiction may a\.ard civil penalties andsgsts to the geyailingparty,
E. Revocation. Any s iolation of this Chapte y result in revocation of SD 9 Development_PJgjW
2MR116
t!� one gmore of these remedies shall be at the sole discretion of the City and nothing in this
mall prevent the City from initiatin¢ civil- criminal or other legal or equitable_ rro"T itgs a_spn
la 1t =ti've_to_a�the proceedings set forth above."
'P�� tm�o,cuirowu
� r AUTHENTICATED
W[tOl Y4 LRW
Senate Bill No.9
CHAPTER162
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
331
Ch. 162 —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 n 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.
9e
332
—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 Stare of California do enact as follows:
SECTION I. 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 taw
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 ofTitle I to withdraw accommodations from rent or lease within
15 years before the date that the development proponent submits an
application.
sa
333
Ch. 162 —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.I 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 21 155
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
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334
—5— Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific,adverse
impact.
(c) A local agency shall require that a rental of any unit created pursuant
to this section be for a term longer than 30 days.
(1) 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 (1) of
paragraph(2)of subdivision(a)of Section 65400.
(i) For purposes of this section,all of the following apply:
(I) 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 effector appl ication of the Cali fornia 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—
(I) 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 I 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 ofan urban
lot split as provided for in this section.
(0) 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 n 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.
(a) 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 units as their principal residence fora 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.
(! 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 (1) of paragraph (2) of
subdivision(a)of Section 65400.
(m) For purposes of this section,both of the following shall apply:
(I) "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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—9— Ch. 162
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 Califomia 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 ofpublic 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
I 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, ovemrossings, 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 -to-
(2) The length of time specified in paragraph (1)shall be extended for
up to three years, but in no event beyond January I, 1992, during the
pendency of any lawsuit in which the subdivider asserts,and the local agency
that approved or conditionally approved the tentative map denies, the
existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated,the map shall be valid
for the same period of time as was left to run on the map at the time that
the moratorium was imposed. However, if the remaining time is less than
120 days,the map shall be valid for 120 days following the termination of
the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision(e),shall not include the
period of time during which a lawsuit involving the approval or conditional
approval of the tentative map is or was pending in a court of competent
jurisdiction, if the stay of the time period is approved by the local agency
pursuant to this section.After service of the initial petition or complaint in
the lawsuit upon the local agency, the subdivider may apply to the local
agency for a stay pursuant to the local agency's adopted procedures.Within
40 days after receiving the application,the local agency shall either stay the
time period for up to five years or deny the requested stay.The local agency
may, by ordinance, establish procedures for reviewing the requests,
including, but not limited to, notice and hearing requirements, appeal
procedures,and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative
map shall terminate all proceedings and no final map or parcel map of all
or any portion of the real property included within the tentative map shall
be filed with the legislative body without first processing a new tentative
map. Once a timely filing is made,subsequent actions of the local agency,
including, but not limited to, processing, approving, and recording, may
lawfully occur after the date of expiration of the tentative map. Delivery to
the county surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the
approved or conditionally approved tentative map, the time at which the
map expires pursuant to subdivision(a)may be extended by the legislative
body or by an advisory agency authorized to approve or conditionally
approve tentative maps for a period or periods not exceeding a total of six
years. The period of extension specified in this subdivision shall be in
addition to the period of time provided by subdivision (a). Before the
expiration of an approved or conditionally approved tentative map, upon
an application by the subdivider to extend that map, the map shall
automatically be extended for 60 days or until the application for the
extension is approved,conditionally approved,or denied,whichever occurs
first. If the advisory agency denies a subdivider's application for an
extension,the subdivider may appeal to the legislative body within 15 days
after the advisory agency has denied the extension.
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— [I— Ch. 162
(E) ror 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 Xl 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
94
341
Ch. 162 —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 XI II U of
the California Constitution.
O
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3/2/2022
SENATE BILL 9
INTERIM URGENCY ORDINANCE
LO
City Council Meeting
REQUEST
Adopt an Urgency Ordinance to amend the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) by adding Chapter
237— Objective Standards for SB 9 Development Projects
Establishes interim development standards and review procedures
for projects proposed pursuant to Senate Bill 9 (SB 9)
SB 9 requires ministerial approval of:
Two-unit developments in single-family residential zones
Parcel maps to subdivide an existing lot in single-family residential
zones ('urban lot split')
H.O.M.E.
C,'%r,!is 4 INICATION
►,�t,g 3/�/zz
Agenda Ikfl. asC -o9z)
3/2/2022
SB 9 QUALIFYING CRITERIA
Property must be located in a single- Proposed development cannot
family residential zone (RL) demolish or alter:
Property cannot be a historic site or Deed restricted affordable housing
in a historic district Housing subject to rent control
Property must be within an Housing removed from the rental
urbanized area as designated by the market pursuant to the Ellis Act
U.S.Census within the last 15 years
Property cannot be located one Housing occupied by a tenant in
Farmland the last 3 years (must maintain at
Wetlands least 75% of the existing exterior
walls)
Hazardous waste site
Conservation or habitat
gvavon area
Regulatory Floodway
URBAN LOT SPLIT CRITERIA
Two new lots of approx equal size
Min jot size. 1,200 s f
No prior or subsequent urban lot split
Same owner (or person acting 'in concert with owner) cannot split adjacent lots
I
40% 1 60
I
I
40% bolt
I I
I I
I I
I I
j 40%
1
2
3/2/2022
SB 9 REGULATIONS
The SB 9 law allows cities to adopt certain regulations on SB 9
developments:
Easements for provision of public services and access to right-of-way
Objective zoning,subdivision,and design standards
Parking requirement of one space per unit
Prohibition of short term rentals
Affidavit that the owner intends to occupy one of the units for at
least 3 years
Denial of SB 9 project must be based on specific,adverse health
and safety impact with no feasible mitigation
PROPOSED OBJECTIVE STANDARDS
Max size:800 s.f/one bedroom
Required parking:One space (garage or carport)
Max height: 16 feet (d detached)
Side and rear setback:4 feet
Design:architecture,roof pitch,color same as existing dwelling
Solar panels required
STRs and ADUs not allowed
Affordability requirements
Development must occur with concurrent lot split
All other standards of base zoning district and parcel map
requirements apply
3
3/2/2022
LOCAL ORDINANCE OBJECTIVE
STANDARDS
• Existing Regulations 4 up to 3 units
• 1 Single Family Residence + 1 ADU * 1 JADU
we
LOCAL ORDINANCE OBJECTIVE STANDARDS
SS 9 without ordinance
&objective standards
Up to 8 units ■
SB 9 with ordinance& --- "`
Qbjeccive standards ,
Up to 4 units
4
3/2/2022
RECOMMENDATION & NEXT STEPS
Recommend adoption of Urgency Ordinance to establish
interim standards for SB 9 developments
Staff will begin working on preparing permanent development
and design standards
More detailed analysis
Study lot configurations
Engage with design professional
Bring back amendments to the HBZSO
Planning Commission Public Hearing
City Council Public Hearing
Local Coastal Program Amendment t
7
Switzer, Donna
From: Steven C Shepherd Architect <steve@shepherdarchitects.com>
Sent: Tuesday, March 1, 2022 7:38 AM
To: supplementalcomm@surfcity-hb.org
Subject: YES ON AGENDA ITEM #25 - PLEASE Adopt Interim Urgency Ordinance No. 4249
Hello HB City Council!
In California and across much of the United States, housing is a hotly-debated, highly emotional, and often
misunderstood topic. States, regions, and local municipalities have often found understanding and addressing the
nuances of housing very challenging.
Anytime there's a discussion about housing, there always seems to be a flood of negative assumptions by those fighting
to maintain our failed status quo, and while their fears are genuine and should be met with human empathy and
compassion, the hyperbolic worst-case scenarios they imagine are more dystopian fantasy than factually accurate.
Rather than twist and turn in a world of assumptions, I prefer we examine the realities of housing in Huntington Beach.
You see, I am an architect,and designing housing has been my profession for the past 35 years.
Here are Huntington Beach's Housing Realities:
• Huntington Beach Housing Reality#1:
Huntington Beach needs a plan to provide more new local housing (13,368 new dwelling units) to meet our RHNA
allocation. The consequences for failing to meet this requirement would be dire. Further legal action seeking to avoid
our regional housing responsibility is both wasteful and damaging to the future of our community.
• Huntington Beach Housing Reality#2:
Generally speaking, two different approaches can be used to accommodate more future housing (dwelling units): 1)
large standalone mixed-use multi-family commercial developments along major streets and roadways, and/or 2) smaller
middle-density duplexes, triplexes, quadplexes and ADUs in existing single-family neighborhoods.
• Huntington Beach Housing Reality#3:
Without more housing, our community stands to lose its vibrancy, affordability and economic competitiveness. Quite
frankly, creating more housing is the straw that stirs the drink in most communities. Without an abundance of dwelling
units and a variety of housing options, we lose as a community.
These are the realities. Adopting Interim Urgency Ordinance No. 4249 amending the Huntington Beach Zoning and
Subdivision Ordinance to establish objective standards for urban lot splits and housing units constructed in accordance
with Senate Bill 9 is an appropriate step in addressing Huntington Beach's Housing Reality.
I strongly encourage that the Council vote in favor of Agenda Item #25.
Sincerel).
Steve Shepherd
Huntington Beach 92646 5QPPLEMENTAL
COMMUNICATION
M90rtp Date._ 31/ 12 2,
Agenda Item No, �J 1 •.2.� — �r21
1