In accordance with California
Government Code Sections 65852.21,
66411.7, and 66452.6, the City intends for this Article to regulate
SB 9 urban lot splits and the ability to develop or create one or
two residential units within a single-family residential zone to the
greatest extent feasible as permitted under California housing laws,
while retaining the character of the City's single-family neighborhoods.
In doing so, and to ensure that no avoidable adverse impacts on the
public health, safety, and general welfare result from the creation
of multiple residential units on what previously only allowed a single-family
dwelling, this chapter prescribes standards for the approval of such
units and SB 9 related units and SB 9 urban lot splits that limit
the circumstances under which they may be permitted consistent with
the purpose and intent of this chapter. If there are any conflicts
between this local ordinance and California
Government Code Sections
65852.21, 66411.7, and 66452.6, then the state law preempts any local
law.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)
A proposed SB 9 housing development containing no more than
two residential units and/or a parcel map for an SB 9 urban lot split
of a parcel within the R-1 Residential Low Density Zone, R/HP Residential/Hillside
Protection Zone, Lagunita Zone and Three Arch Bay Zone shall be considered
ministerially, without discretionary review or hearing, if the proposed
SB 9 housing development and/or SB 9 urban lot split meet all of the
following requirements:
(A) The parcel is not located on a site that is any of the following:
(1) Within a high or very high fire hazard severity zone, unless the
subject site has adopted fire hazard mitigation measures pursuant
to existing building standards or state fire mitigation measures applicable
to the development.
(2) A hazardous waste site unless the site has been appropriately cleared
for residential use.
(3) Within a delineated earthquake fault zone, unless the development
complies with applicable seismic protection building code standards.
(4) Within 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, unless either of the following
are met:
(a) The site has been subject to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and issued to the City; or
(b) The site meets the Federal Emergency Management Agency requirements
necessary to meet minimum flood plain management criteria of the National
Flood Insurance Program.
(5) Lands identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, other adopted natural
resource protection plan, lands under conservation easement, or habitat
for protected species.
(6) Any other applicable requirements specified in subparagraphs (B)
to (K), inclusive of paragraph (6) of subdivision (a) of California
Government Code Section 65913.4.
(B) Notwithstanding any provision of this section or any other local
law, the proposed housing development would not require demolition
or alteration of any of the following types of housing:
(1) 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.
(2) Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
(C) 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
Government Code 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 and application.
(D) The development is not located within a historic district or property
included on the State Historic Resources Inventory, as defined in
Section 5020.1 of the
Public Resources Code, or within a site that
is designated or listed as a city or county landmark or historic property
or district pursuant to a city or county ordinance.
(E) Only individual property owners may apply for an urban lot split.
"Individual property owner" means a person holding fee title individually
or jointly in the person's own name or a beneficiary of a trust that
holds fee title. "Individual property owner" does not include any
corporation or corporate person of any kind (partnership, LP, LLC,
C corp, S corp, etc.) except for a community land trust (as defined
by
Rev. & Tax Code SS 402.1(a)(11)(C)(ii)) or a qualified nonprofit
corporation (as defined by SS214.15).
(F) Nothing in this chapter shall be construed to supersede or in any
way alter or lessen the effect or application of the City of Laguna
Beach Local Coast Plan (LCP) or California Coastal Act of 1976 (Division
20 (commencing with Section 30000) of the
Public Resources Code),
except that the City shall not be required to hold public hearings
for coastal development permit applications for a proposed housing
development or urban lot split pursuant to this chapter.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)
The following standards and criteria shall apply to all proposed
residential units permitted under this chapter. Notwithstanding these
requirements, single family residential lots located within the R-1
Residential Low Density Zone, R/HP Residential/Hillside Protection
Zone, Lagunita Zone and Three Arch Bay Zone shall be permitted to
construct up to two dwelling units which are no less than 800 square
feet and no greater than 1,000 square feet in floor area. For purposes
of this section, any existing dwelling including any accessory dwelling
unit or junior accessory dwelling unit, shall count towards the two
dwelling unit maximum.
(A) Setbacks. All SB 9 housing developments shall maintain the front
yard setback for the applicable zoning district in which the lot is
located. However, SB 9 housing developments shall maintain a minimum
four (4) foot setback on the side and rear yards. No setback shall
be required for an existing structure or structure constructed in
the same location and to the same dimensions as an existing structure.
Whenever a side yard or rear yard abuts a street, a minimum setback
of 10 feet shall be required on the street side yard and the setback
for the zone shall apply to the rear street-side lot line.
(B) Parking. A minimum of one parking space shall be required for each
SB 9 housing development.
(C) Building Separation, Landscaping and Lot Coverage Requirements. Unless
otherwise specified in this chapter, an SB 9 housing development shall
comply with the building separation, landscaping and lot coverage
standards of the applicable zoning district in which the lot is located.
The building lot coverage limitation shall include all structures,
including the main residence, any SB 9 housing development, any accessory
dwelling unit, garages, etc. The totality of the structure(s) on the
lot shall not exceed the allowable building lot coverage specified
in the zone in which the SB 9 housing development is proposed.
(D) Short-Term Rentals Prohibited. SB 9 housing developments shall only
be rented or leased for a term longer than 30 days. A deed restriction
prepared by the City shall be recorded on the subject property prior
to issuance of building permits of the SB 9 housing development stating
that any dwelling constructed upon property subject to the SB 9 housing
development shall only be rented or leased for a term longer than
30 days and that the deed restriction runs with the land, with the
provision that this will be enforced against future owners of the
property.
(E) Occupancy. A deed restriction prepared by the City shall be recorded
on the subject property prior to issuance of building permits for
any SB 9 housing development stating that the property owner shall
occupy one of the dwelling units created by an SB 9 housing development
for a period of three years from the date of approval of the SB 9
housing development as his or her primary residence and that the deed
restriction runs with the land with the provision that this will be
enforced against future owners of the property for a period of three
years from the date of approval.
(F) Mobile Homes/Recreational Vehicles. SB 9 housing developments shall
not consist of a mobile home or recreational vehicle.
(G) Each housing unit must be a minimum of 800 square feet and no greater
than 1,000 square feet.
(H) Maximum Height. All SB 9 housing developments shall be subject to
a height limitation of sixteen (16) feet, and no new roof decks or
balconies shall be located on a new structure.
(I) Exterior design, including materials, finishes, colors and landscape
shall be compatible with existing buildings on the site (if any exist)
and if two units are proposed, shall be compatible with one another.
(J) Comply With All Provisions. Unless otherwise specified by the provisions
of this chapter or State law, SB 9 housing developments shall be required
to comply with all provisions of the underlying zoning designation
and all regulations required for a primary single-family dwelling
unit, including but not limited to all applicable building and construction
requirements.
(K) Additional Units. No accessory dwelling unit (ADU) or junior accessory
dwelling unit (JADU) shall be permitted on a lot which contains two
SB 9 housing development units.
(L) Non-Permitted Use. No SB 9 housing development shall be established
on any lot which has an existing non-permitted use with respect to
the City's current use standards.
(M) The City shall review each SB 9 housing development application for
any other issues related to adequacy of water or sewer services, and/or
the impact of the proposed development on traffic flow, or public
safety.
(N) Additional Requirements.
(1) All SB 9 housing developments shall be constructed upon a permanent
foundation.
(2) All SB 9 housing developments shall include sufficient permanent
provisions for living, sleeping, eating, cooking, and sanitation,
including but not limited to interior washer and dryer hookups and
kitchen facilities.
(3) All SB 9 housing developments must have separate utility connections
and separate utility meters.
(4) Each SB 9 housing development unit shall be connected to the public
sewer, and that connection shall be subject to a connection fee, or
capacity charge, or both.
(5) All SB 9 housing developments must meet the requirements of all Uniform
Codes, including but not limited to the
California Building Code and
the California Fire Code, as such codes have been adopted and amended
by the City of Laguna Beach Municipal Code.
(6) Two-unit developments created by SB 9 may be either freestanding
or attached. Internal connections between units are prohibited. Each
unit shall provide independent exterior entrance, kitchen, bathroom
and laundry facilities.
(7) All exterior mechanical equipment such as air conditioners, water
heaters and the like must meet Municipal Code requirements for setbacks,
noise and screening.
(8) If trees larger than six-inch diameter trunks are removed to construct
an SB 9 unit, the trees must be replaced with approved landscaping
at a two-to-one ratio.
(9) Screen all new and existing windows, doors, decks, patios or entrances
in direct line of sight to adjoining residences with fencing, walls,
landscaping, privacy glass or similar privacy methods to maintain
the greatest degree of privacy to adjacent residential units.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)
SB 9 urban lot splits must meet all the following requirements:
(A) 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.
(B) Both newly created SB 9 parcels shall be no less than 1,200 square
feet with no zig-zag lot lines and no flag lots. The Community Development
Director may waive these lot line standards when deemed technically
necessary.
(C) Lots created from an SB 9 urban lot split may not be further subdivided.
(D) Neither the owner of the parcel being subdivided nor any person acting
in concert with the owner may subdivide an adjacent parcel using an
SB 9 urban lot split as provided in this chapter.
(E) An SB 9 urban lot split shall comply with all applicable objective
requirements of the Subdivision Map Act unless otherwise specified
in this chapter or State law.
(F) No dedications of right-of-way or construction of off-site improvements
may be required for parcels being created by SB 9 urban lot splits.
However, the City may require easements for the provision of public
services and facilities.
(G) The street facing parcel of an SB 9 urban lot split shall contain
a minimum of 30 feet of street frontage with direct and compliant
vehicle access to the public right-of-way. The Community Development
Director may authorize shorter street frontages when adequate vehicle
access to both lots is demonstrated.
(H) Any lot created by an SB 9 urban lot split shall be limited to residential
uses.
(I) A deed restriction prepared by the City shall be recorded on the
subject property prior to issuance of the SB 9 urban lot split permit
stating the following:
(1) That rental of any dwelling constructed or existing upon property
subject to the SB 9 urban lot split shall be required to be rented
or leased for a term longer than 30 days;
(2) That the property owner shall occupy one of the dwelling units upon
a parcel created by an SB 9 urban lot split for a period of three
years from the date of approval of the SB 9 urban lot split as his
or her primary residence; and
(3) That the deed restriction runs with the land and each provision therein
may be enforced against future owners of the property.
(J) Associated Permits. If an application for a SB 9 urban split triggers the requirement for a discretionary or ministerial permit other than a SB 9 urban lot split and/or a building permit (including but not limited to a Design Review and/or Conditional Use Permit), those associated permits must be applied for and obtained prior to application for an SB 9 urban lot split application. The process for obtaining the associated permit(s) shall be as set forth in Chapter
25.05 of this title.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)