HomeMy WebLinkAbout2021-21 - SB9 HousingURGENCY ORDINANCE NO. 2021-21
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA ADOPTING CHANGES TO TITLE 13 (ZONING) RELATING TO THE
IMPLEMENTATION OF SENATE BILL 9 FOR THE CREATION OF TWO (2)
RESIDENTIAL UNITS PER LOT AND URBAN LOT SPLITS IN SINGLE FAMILY
RESIDENTIAL ZONES; AND DECLARING THE ORDINANCE TO BE AN URGENCY
MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION
WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact
regulations for the public peace, morals, and welfare of the City; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom approved Senate
Bill 9 (SB 9, Chapter 162) relating to the creation of two residential units per lot which
requires local agencies to ministerially approve housing development containing no more
than two residential units per lot and ministerially approve an urban lot split; and
WHEREAS, SB 9 takes effect on January 1, 2022; and
WHEREAS, SB 9 allows local agencies to impose limited objective zoning,
subdivision, and design review standards in compliance with Government Code Sections
65852.21 and 66411.7; and
WHEREAS, given that SB 9 was not signed until mid -September, there was
insufficient time to process this Ordinance through noticed hearings before the Planning
Commission and City Council and have an ordinance (Zoning Code amendment) in place
by January 1, 2022; and
WHEREAS, the public is already beginning to express interest in developing under
this new law and it is necessary to have standards in place by the time SB 9 becomes
effective for the benefit of the public health, safety and welfare of the City; and
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000
et seq.) and State CEQA Guidelines (Sections 15000 et seq., Title 14 the California Code
of Regulations) has determined that this Ordinance is statutorily exempt from the
provisions of CEQA because this Ordinance is not considered a "project" pursuant to
Government Code Section 65852.210) and because and it can be seen with certainty that
this Ordinance will not have an effect on the environment pursuant to Section 15061.
1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Article 7., Urban Lot Splits, hereby added to Chapter XI., Subdivisions, Title
13, Planning, Zoning and Development, of the Costa Mesa Municipal Code to read as
follows:
Article 7. URBAN LOT SPLITS
Section 13-265.5 Parcel Maps for Urban Lot Splits.
A. Definitions. For purposes of this section, the following definition shall apply:
1. "Urban lot split" means a lot split of a single-family residential lot into two parcels
that meets the requirements of this section.
B. The city shall ministerially approve a parcel map for a lot split that meets the
following applicable requirements:
1. The parcel is located within a single-family residential zone.
2. The parcel is located at least partially in an urbanized area or urban cluster as
designated by the United States Census Bureau.
3. The parcel map divides 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.
4. Both newly created parcels are no smaller than 1,200 square feet.
5. The parcel is not located in any of the following areas and does not fall within
any of the following categories:
a. 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 landmark or historic
property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined
in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service
Manual, Part 660 FW 2(June 21, 1993).
Urgency Ordinance No. 2021-21 Page 2 of 14
d. A very high fire hazard severity zone as further defined in Government
Code section 65913.4(a)(6)(D). This does not apply to sites excluded
from the specified hazard zones by a local agency, pursuant to
subdivision (b) of section 51179, or sites that have adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development.
e. A hazardous waste site that is listed pursuant to Government Code
section 65962.5 or a hazardous waste site designated by the
Department of Toxic Substances Control pursuant to section 25356 of
the Health and Safety Code, unless the State Department of Public
Health, State Water Resources Control Board, or Department of Toxic
Substances Control has cleared the site for residential use or residential
mixed uses.
f. A delineated earthquake fault zone as determined by the State Geologist
in any official maps published by the State Geologist, unless the
development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission
under the California Building Standards Law and by the city's building
department.
g. A special flood hazard area subject to inundation by the 1 percent annual
chance flood (100-year flood) as determined by the Federal Emergency
Management Agency (FEMA) in any official maps published by FEMA.
If an applicant is able to satisfy all applicable federal qualifying criteria in
order to provide that the site satisfies this subparagraph and is otherwise
eligible for streamlined approval under this section, the city shall not
deny the application on the basis that the applicant did not comply with
any additional permit requirement, standard, or action adopted by the
city that is applicable to that site. A development may be located on a
site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared
by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum
flood plain management criteria of the Nation Flood Insurance
Program as further spelled out in Government Code section
65913.4(a)(6)(G)(ii);
h. A regulatory floodway as determined by FEMA in any of its official maps,
published by FEMA unless the development has received a no -rise
Urgency Ordinance No. 2021-21 Page 3 of 14
certification in accordance with section 60.3(d)(3) of Title 44 of the Code
of Federal Regulations. If an applicant is able to satisfy all applicable
federal qualifying criteria in order to provide that the site satisfies this
subparagraph and is otherwise eligible for streamlined approval under
this section, the city shall not deny the application on the basis that the
applicant did not comply with any additional permit requirement,
standard, or action adopted by the city that is applicable to that site.
Lands identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan as further spelled out in Government Code
section 65913.4(a)(6)(1).
j. Habitat for protected species identified as candidate, sensitive, or
species of special status by state or federal agencies, fully protected
species, or species protected by the federal Endangered Species Act of
1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species
Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the
Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with section 1900) of Division 2 of the Fish and Game
Code).
k. Lands under a conservation easement.
6. The proposed lot split would not require demolition or alteration of any of
the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income;
b. Housing that is subject to any form of rent or price control by the city;
c. A parcel or parcels on which an owner of residential real property
exercised rights under Government Code section 7060 et seq. to
withdraw accommodations from rent or lease within 15 years before the
date of the application; or
d. Housing that has been occupied by a tenant in the last three years.
7. The lot split does not create more than two units on a parcel, including any
accessory dwelling units or junior accessory dwelling units.
Urgency Ordinance No. 2021-21 Page 4 of 14
C. Standards and Requirements. Except where superseded by the following
provisions or state law, Parcel Maps for Urban Lot Splits pursuant to
Government Code Section 66411.7 shall comply with the development
standards applicable to the R1 Single -Family Residential District including but
not limited to Section 13-32 of this code:
1. The lot split conforms to all applicable objective requirements of the
Subdivision Map Act and Title 13 of this code, except as the same are
modified by this section.
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.
3. Except for those circumstances described in section C2 above, the setback
for side and rear lot lines shall be four feet. The front setback shall be as set
forth in the R-1 Single -Family Residential District standards.
4. The applicant shall provide easements for the provision of public services
and facilities as required.
5. Units constructed on sites created pursuant to Government Code Section
66411.7 shall adhere to the following:
a) All new development shall be constructed, in accordance with code
standards and design guidelines applicable to the R1 Single -Family
Residential District.
b) Each unit which is attached to an existing or proposed dwelling shall have
the same design, materials, finishes, and colors as the attached dwelling
and shall be in accordance with code standards and design guidelines
applicable to the R1 Single -Family Residential District.
c) Any proposed detached units on the same lot shall be compatible in
exterior appearance with an existing unit in terms of design, materials,
finishes, and colors within the same property on which it is proposed to
be constructed, in accordance with code standards and design guidelines
applicable to the R1 Single -Family Residential District.
6. All lots shall have a minimum street frontage of ten feet to provide for
vehicular access, or 16-foot frontage if the driveway serves two units. For a
lot without physical street frontage, access to street frontage shall be
Urgency Ordinance No. 2021-21 Page 5 of 14
provided by the granting of a duly recorded permanent easement for ingress
and egress purposes in favor of the lot without physical street frontage.
7. In order to preserve the City's inventory of on -street parking, existing and
proposed development pursuant to Government Code section 66411.7 shall
be limited to one driveway ingress/egress.
8. Required off-street parking shall be limited to one garage parking space per
unit and the location and configuration of such parking shall be in compliance
with the standards set forth in this code, except that no parking requirements
shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a
high -quality transit corridor as defined by Public Resources Code section
21155(b) or a major transit stop as defined in Public Resources Code
section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.
D. The city shall not deny an application based on any of the following:
1. The city shall not 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.
2. The city shall not impose any objective zoning, subdivision, or design
standards that would have the effect of physically precluding the creation of
two units on either of the resulting parcels or that would result in a unit size
of less than 800 square feet. If the city determines that the strict application
of objective zoning, subdivisions or design standards would physically
preclude the development of two units on a lot each with a minimum unit
size of 800 square feet, the city may ministerially allow deviations from
development standards generally applicable to the R-1 zoning district
pursuant to city policies and/or regulations implementing this section if such
deviation is in compliance with applicable building and fire code standards
and regulations and if there are no other feasible means of complying with
state law.
3. The city shall not require the correction of nonconforming zoning provisions
as a condition for the lot split.
Urgency Ordinance No. 2021-21 Page 6 of 14
4. The city shall not deny an application solely because it proposes an adjacent
or connected structure provided that all building code safety standards are
met and they are sufficient to allow a separate conveyance.
E. An applicant for an urban lot split shall be required to sign an affidavit in a form
approved by the City Attorney to be recorded against the property stating the
following:
1. That applicant intends to occupy one of the housing units as their principal
residence for a minimum of three years from the date of approval. This
requirement does not apply when the applicant is a "community land trust"
or a "qualified nonprofit corporation" as the same are defined in the Revenue
and Taxation Code.
2. That the uses shall be limited to residential uses.
3. That any rental of any unit created by the lot split shall be for a minimum of
thirty-one days.
4. That the maximum number of units to be allowed on the parcels is two,
including but not limited to units otherwise allowed pursuant to density bonus
provisions, accessory dwelling units, junior accessory dwelling units, or units
allowed pursuant to section 13-36.
F. The city may deny the 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
Government Code section 65589.5(d)(2), upon the 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.
G. This section shall not apply to:
1. Any parcel which has been established pursuant to a lot split in accordance
with this section; or
2. Any parcel where the owner of the parcel being subdivided or any person
acting in concert with the owner has previously subdivided an adjacent
parcel in accordance with this section. For purposes of this section, it will be
assumed that where a lot owner purchased the property from an adjacent
owner who subdivided his property pursuant to this division within five years
Urgency Ordinance No. 2021-21 Page 7 of 14
of the lot split, the owner is acting in concert with the then owner of the
adjacent lot. However, acting in concert is not limited to this situation.
H. The provisions of this section supersede any contrary provisions contained
elsewhere in this code.
SECTION 2. Section 13-36 is hereby added to Article 1., Residential Districts, Chapter V.,
Development Standards, Title 13, Planning, Zoning and Development, of the Costa Mesa
Municipal Code, to read as follows:
Section 13-36 Two -unit Housing Development
A. For purposes of this section, the following definition shall apply:
1. "Housing development" shall mean no more than two residential units within a
single-family zone that meets the requirements of this section. The two units
may consist of two new units or one new unit and one existing unit.
B. The city shall ministerially approve a housing development containing no more
than two residential units if it meets the following requirements:
1. The parcel is located within a single-family residential zone.
2. The parcel is located at least partially in an urbanized area or urban cluster
as designated by the United States Census Bureau.
3. The parcel is not located in any of the following areas and does not fall
within any of the following categories:
a. 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 landmark or historic
property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined
in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service
Manual, Part 660 FW 2(June 21, 1993).
d. A hazardous waste site that is listed pursuant to section 65962.5 or a
hazardous waste site designated by the Department of Toxic
Substances Control pursuant to section 25356 of the Health and Safety
Code, unless the State Department of Public Health, State Water
Urgency Ordinance No. 2021-21 Page 8 of 14
Resources Control Board, or Department of Toxic Substances Control
has cleared the site for residential use or residential mixed uses.
e. A delineated earthquake fault zone as determined by the State Geologist
in any official maps published by the State Geologist, unless the
development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission
under the California Building Standards Law and by the city's building
department.
f. A special flood hazard area subject to inundation by the 1 percent annual
chance flood (100-year flood) as determined by the Federal Emergency
Management Agency (FEMA) in any official maps published by FEMA.
If an applicant is able to satisfy all applicable federal qualifying criteria in
order to provide that the site satisfies this subparagraph and is otherwise
eligible for streamlined approval under this section, the city shall not
deny the application on the basis that the applicant did not comply with
any additional permit requirement, standard, or action adopted by the
city that is applicable to that site. A development may be located on a
site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared
by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum
flood plain management criteria of the Nation Flood Insurance
Program as further spelled out in Government Code section
65913.4(a)(6)(G)(ii);
g. A regulatory floodway as determined by FEMA in any of its official maps,
published by FEMA unless the development has received a no -rise
certification in accordance with section 60.3(d)(3) of Title 44 of the Code
of Federal Regulations. If an applicant is able to satisfy all applicable
federal qualifying criteria in order to provide that the site satisfies this
subparagraph and is otherwise eligible for streamlined approval under
this section, the city shall not deny the application on the basis that the
applicant did not comply with any additional permit requirement,
standard, or action adopted by the city that is applicable to that site.
h. Lands identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan as further spelled out in Government Code
section 65913.4(a)(6)(1).
Urgency Ordinance No. 2021-21 Page 9 of 14
i. Habitat for protected species identified as candidate, sensitive, or
species of special status by state or federal agencies, fully protected
species, or species protected by the federal Endangered Species Act of
1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species
Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the
Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with section 1900) of Division 2 of the Fish and Game
Code).
j. Lands under a conservation easement.
4. The proposed housing development would not require demolition or
alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income;
b. Housing that is subject to any form of rent or price control by the city;
c. A parcel or parcels on which an owner of residential real property
exercised rights under Government Code section 7060 et seq. to
withdraw accommodations from rent or lease within 15 years before the
date of the application; or
d. Housing that has been occupied by a tenant in the last three years.
5. Demolition of an existing unit shall not exceed more than 25 percent of the
existing exterior structural walls unless the site has not been occupied by a
tenant in the last three years.
C. Standards and Requirements. Except where superseded by the following
provisions, two -unit housing development pursuant to Government Code Section
65852.21 shall comply with development standards applicable to the R1 Single -
Family Residential District including but not limited to Section 13-32 of this code:
1. 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.
2. Except for those circumstances described in section C1 above, the setback
for side and rear lot lines shall be four feet. The front setback shall be as set
forth in the R-1 Single -Family Residential District standards.
Urgency Ordinance No. 2021-21 Page 10 of 14
3. The applicant shall provide easements for the provision of public services
and facilities as required.
4. All lots shall have a minimum street frontage of ten feet to provide for
vehicular access, or 16-foot if the driveway serves two units. For a lot without
physical street frontage, access to street frontage shall be provided by the
granting of a duly recorded permanent easement for ingress and egress
purposes in favor of the lot without physical street frontage.
5. In order to preserve the City's inventory of on -street parking, existing and
proposed development pursuant to Government Code section 65852.21
shall be limited to one driveway ingress/egress.
6. Required off-street parking shall be limited to one garage space per unit and
the location and configuration of such parking shall be in compliance with
the provisions of this code, except that no parking requirements shall be
imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a
high -quality transit corridor as defined by Public Resources Code section
21155(b) or a major transit stop as defined in Public Resources Code
section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.
7. For residential units connected to an onsite wastewater treatment system
(septic tank), the applicant provides a percolation test completed within the
last 5 years, or if the percolation test has been recertified, within the last 10
years, which shows that the system meets acceptable infiltration rates.
D. The city shall not require or deny an application based on any of the following:
1. The city shall not impose any objective zoning, subdivision, or 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. If the city
determines that the strict application of objective zoning, subdivisions
or design standards would physically preclude the development of
two units on a lot each with a minimum unit size of 800 square feet,
the city may ministerially allow deviations from development
standards generally applicable to the R-1 zoning district pursuant to
city policies and/or regulations implementing this section if such
deviation is in compliance with applicable building and fire code
Urgency Ordinance No. 2021-21 Page 11 of 14
standards and regulations and if there are no other feasible means of
complying with state law.
2. The city shall not deny an application solely because it proposes
adjacent or connected structure provided that that all building code
safety standards are met and they are sufficient to allow a separate
conveyance.
E. An applicant shall be required to sign an affidavit in a form approved by the City
Attorney to be recorded against the property stating the following:
1. That the uses shall be limited to residential uses.
2. That the rental of any unit created pursuant to this section shall be for a
minimum of thirty-one days.
3. That the maximum number of units to be allowed on the parcels is two,
including but not limited to units otherwise allowed pursuant to density bonus
provisions, accessory dwelling units, junior accessory dwelling units, or units
allowed pursuant to section 13-35.
F. The city may deny the housing development 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 Government Code section 65589.5(d)(2), upon the 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.
G. The provisions of this section supersede any contrary provisions contained
elsewhere in this code.
SECTION 3. Urgency Declaration/Effective Date. The City Council declares this
Ordinance to be an urgency measure, to take effect immediately upon adoption pursuant
to California Government Code sections 36934 and 36937. The facts constituting the
urgency are as follows: On September 16, 2021 Governor Gavin Newsom approved
Senate Bill 9 (SB 9, Chapter 162) relating to the creation of two residential units per lot
which requires local agencies to ministerially approve housing development containing
no more than two residential units per lot and ministerially approve an urban lot split. SB
9 takes effect on January 1, 2022. SB 9 allows local agencies to impose objective zoning,
subdivision, and design review standards. Because SB 9 was not signed until mid -
September, there was insufficient time to process an ordinance as a Zoning Code
Urgency Ordinance No. 2021-21 Page 12 of 14
amendment through noticed hearings before the Planning Commission and City Council
and have such ordinance in place by January 1, 2022. Accordingly, an urgency measure
is necessary to protect the public, health, safety and welfare that would otherwise be
threatened by the unrestricted ability to develop property in the City as a matter of right
under SIB without regard to the land use regulations set forth in this Ordinance.
SECTION 4. Effective Date. This Ordinance shall be effective upon the date of adoption.
SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Costa
Mesa Municipal Code unless and until the City Council so ordains.
Section 6. Inconsistences. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such
inconsistencies and no further, are repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
Section 7. Severability. If any chapter, article, section, subsection, subdivision, sentence,
clause, phrase, word, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance as required by law.
Urgency Ordinance No. 2021-21 Page 13 of 14
PASSED, APPROVED AND ADOPTED this 7th day of December, 2021.
ATTEST:
4-W,OQ&
Brenda GreenUCity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
R&I
John Stephens, Mayor
APPROVED AS TO FORM:
Kimberly HMI Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Urgency Ordinance No. 2021-21 was duly adopted at a regular
meeting of the City Council of the City of Costa Mesa held on the 7th day of December,
2021, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, MARR, AND
STEPHENS
NOES: COUNCILMEMBERS: HARPER
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of December, 2021.
'�&� J1�&A)
Brenda Gree City Clerk
Urgency Ordinance No. 2021-21 Page 14 of 14