Agenda Package - PC_May03_2022PLANNING COMMISSION MEETING
AGENDA
Tuesday, May 3, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
Please click the link below to join the Zoom Meeting:
https://us02web.zoom.us/j/83255848846
Webinar ID: 832 5584 8846
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly
Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act,
Planning Commission meetings will be conducted by video/teleconferencing through Zoom Webinar until
further notice. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-
span.org. Members of the public may participate and provide public comment on agenda items during the
meeting by joining the Zoom meeting or by submitting written public comments to the Clerk of the Commission
at pc-publiccomment@arroyogrande.org.
1.CALL TO ORDER
2.ROLL CALL
3.FLAG SALUTE
Vice Chair Schiro
4.AGENDA REVIEW
The Commission may revise the order of agenda items depending on public interest and/or special
presentations.
5.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the Planning Commission. Members of the public may
provide public comment remotely by joining the Zoom meeting utilizing one of the methods provided
below. Please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to join the webinar:
• https://us02web.zoom.us/j/89129208197; Webinar ID: 891 2920 8197
• Or Telephone Attendee: 1-669-900-6833; 1-346-248-7799; 1-253-215-8782; Press * 9 to “raise
hand” for public comment
The Brown Act restricts the Commission from taking formal action on matters not published on the
agenda. In response to your comments, the Chair or presiding official may:
• Direct City staff to assist or coordinate with you.
• A Commissioner may state a desire to meet with you.
• It may be the desire of the Commission to place your issue or matter on a future agenda.
Please adhere to the following procedures when addressing the Commission:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Commission as a whole and not directed to an individual
Commissioner.
• Slanderous, profane or personal remarks against any Commissioner or member of the audience
shall not be permitted.
6.WRITTEN COMMUNICATIONS
Correspondence or supplemental information for the Planning Commission received after Agenda
preparation. In compliance with the Brown Act, the Commission will not take action on
correspondence relating to items that are not listed on the Agenda, but may schedule such matters
for discussion or hearing as part of future agenda consideration.
7.CONSENT AGENDA
7.a.Approval of Minutes
(HOLUB)
Recommended Action:
Approve the Minutes of the March 1, 2022 Regular Meeting.
7.b.Consideration Of Time Extension 22-001 For Conditional Use Permit No. 16-005; One Year
Time Extension In Accordance With The Arroyo Grande Municipal Code; Location – 1495
El Camino Real; Applicant – Scott Pace; Representative – Greg Soto
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 22-001.
8.PUBLIC HEARINGS
8.a.Consideration Of Development Code Amendment 21-002 To Implement Senate Bill 9;
Location – Citywide
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution recommending the
City Council adopt amendments to the Municipal Code to implement the provisions of
Senate Bill 9 (Attachment 1).
9.NON-PUBLIC HEARING ITEMS
9.a.Election of Chairperson and Vice Chairperson
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission elect a Chairperson and a Vice
Chairperson to serve effective the second meeting May 2022, and continuing until its
second regular meeting in March 2023.
10.NOTICE OF ADMINISTRATIVE ITEMS SINCE MARCH 1, 2022
Item No. 1: Plot Plan Review 21-045; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 129 Allen Street; Applicant – Jobie Brigham
Page 2 of 86
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Multi-Family (MF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4,
2022.
Item No. 2: Plot Plan Review 22-004; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 1503 El Camino Real; Applicant – Robert Hudson
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Office Mixed-Use (OMU) zoning district. The deadline to appeal this project is at 5:00 pm on May
4, 2022.
Item No. 3: Plot Plan Review 22-006; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 528 Ide Street; Applicant – Samantha Engleman
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4,
2022.
Item No. 4: Plot Plan Review 22-008; Establishment Of A Medical Services Business In An Existing
Commercial Tennant Space; Location – 152 West Branch Street; Applicant – Patrick Voegele
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a medical
services business in the Village Mixed USe (WMU) zoning district. The deadline to appeal this
project is at 5:00 pm on May 4, 2022.
Item No. 5: Architectural Review 22-002; Exterior Alterations To An Existing Residential Structure;
Location – 251 Larchmont Drive; Applicant – Kathy Sherman
After making the findings specified in Section 16.16.130 of the Municipal Code, the Community
Development Director approved the above referenced project for the exterior alterations to an
existing residential structure in the Single Family (SF) zoning district. The deadline to appeal this
project is at 5:00 pm on May 4, 2022.
Item No. 6: Temporary Use Permit 22-002; South County Historical Society Annual Rummage Sale
On Saturday April 2nd And Sunday April 3rd, 2022; Location – 128 Bridge Street; Applicant – Jan
Scott
After making the findings specified in Section 16.16.090 of the Municipal Code, the Community
Development Director approved the above referenced project for the South County Historical Society
to conduct their annual rummage sale on Saturday, April 2nd, 2022 from 7:00am until 2:00pm and
Sunday, April 3rd, 2022 from 11:00am until 2:00pm. The deadline to appeal this project is at 5:00 pm
on May 4, 2022.
Item No. 7: Plot Plan Review 22-009; Establishment Of A Vacation Rental In An Existing Single
Family Residence; Location – 1565 Blackberry Avenue; Applicant – Linda Drummy
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Page 3 of 86
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 8: Plot Plan Review 22-007; Establishment Of A Vacation Rental In An Existing Single
Family Residence; Location – 506 Ide Street; Applicant – Samantha Engleman
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 9: Plot Plan Review 22-011; Establishment Of A Vacation Rental In An Existing Single
Family Residence; Location – 520 South Elm Street; Applicant – Luis Quintana
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 10: Architectural Review 22-001; Construction Of A New 3,667 Square Foot Single Family
Residence And Attached 891 Square Foot Garages; Location – 331 Rodeo Court; Applicant – Chris
Mccall; Representative – Jennifer Martin, Jm Architecture And Design
After making the findings specified in Section 16.16.130 of the Municipal Code, the Community
Development Director approved the above referenced project for the exterior alterations to an
existing residential structure in the Planned Development – 1.3 (PD-1.3) zoning district. The deadline
to appeal this project is at 5:00 pm on May 4, 2022.
11.COMMISSION COMMUNICATIONS
Correspondence/Comments as presented by the Planning Commission.
12.STAFF COMMUNICATIONS
Correspondence/Comments as presented by the City Manager.
13.ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the Planning Commission within 72 hours of a regular meeting, relating to each item of
business on the agenda are available for public inspection during regular business hours in the City
Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the Americans
with Disabilities Act. To make a request for disability-related modification or accommodation, contact
the Legislative and Information Services Department at 805-473-5400 as soon as possible and at
least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda
reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you
would like to subscribe to receive email or text message notifications when agendas are posted, you
can sign up online through the “Notify Me” feature.
Planning Commission Meetings are cablecast live and videotaped for replay on Arroyo Grande’s
Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.
Page 4 of 86
1
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
March 1, 2022, 6:00 p.m.
Zoom Virtual Meeting
Webinar ID: 832 5584 8846
ByTelephone: 1-669-900-6833; 1-346-248-7799
Commission Members Present: Chair Glenn Martin, Commissioner Jamie
Maraviglia, Commissioner Jim Guthrie and
Commissioner Kevin Buchanan. Vice Chair
Schiro was absent.
Staff Present: Associate Planner Andrew Perez, Assistant
Planner Patrick Holub, Community
Development Director Brian Pedrotti
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1.CALL TO ORDER
Chair Martin called the Planning Commission meeting to order at 6:02p.m.
2.ROLL CALL
Vice Chair Schiro absent.
3.F LAG SALUTE
Chair Martin led the flag salute.
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
None.
6.WRITTEN COMMUNICATIONS
None.
7.CONSENT AGENDA
ATTACHMENT 1
Page 5 of 86
2
7.a APPROVAL OF MINUTES
Chair Martin moved and Commissioner Guthrie seconded the motion to approve the minutes of
the December 21, 2021 regular meeting.
Moved by Chair Martin
Seconded by Commissioner Guthrie
8. PUBLIC HEARINGS
None.
9. NON-PUBLIC HEARING ITEMS
9.a General Plan Annual Report for 2021
Acting Planning Manager Perez presented the staff report and responded to Commissioner
questions regarding affordable housing, new housing units created and implementation status of
housing element goals.
Chair martin invited public comment. Hearing none, Chair Martin closed the public comment
period.
Vice Chair Schiro joined the meeting at 6:20p.m.
The Commission unanimously agreed to receive and file the 2021 General Plan Annual Report
for final acceptance by the City Council.
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE FEBRUARY 1, 2022
Item No. 1: Plot Plan Review 22-003; Establishment Of A Vacation Rental In An Existing Single Family
Residence; Location – 847 Meadowlark Drive; Applicant – Elvin And Nellie Kauffman
After making the findings specified in Section 16.16.080 of the Municipal Code, the
Community Development Director approved the above referenced project for the
establishment of a Vacation Rental in the Planned Development – 1.1 (PD-1.1) zoning
district. The deadline to appeal this project is at 5:00 pm on March 2, 2022.
Item No. 2: Viewshed Review 22-001; Two-Story Addition To An Existing Single Family Residence;
Location: 305 Short St; Applicant: Ryan Buckley; Representative: Andrew Goodwin
After making the findings specified in Section 16.16.110 of the Municipal Code, the
Community Development Director, with a recommendation from the Architectural Review
Committee, approved the above referenced project for the construction of a two-story
addition to an existing single family residence. The deadline to appeal this project is at
5:00 pm on March 7, 2022.
Received.
11. COMMISSION COMMUNICATIONS
Vice Chair Schiro asked a question about the Commission's return to in-person meetings.
Page 6 of 86
3
Community Development Director Pedrotti informed the Commission that public meetings will be
offered in a hybrid format including in-person and Zoom participation options beginning with the March
8, 2022 City Council meeting.
12. STAFF COMMUNICATIONS
Community Development Director Pedrotti provided the Commission with an update regarding the
City's ADU Ordinance.
13. ADJOURNMENT
The Meeting adjourned at 6:25p.m.
_________________________
Patrick Holub
Assistant Planner
_________________________
Glenn Martin, Chair
Page 7 of 86
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Acting Planning Manager
SUBJECT: Consideration Of Time Extension 22-001 For Conditional Use Permit
No. 16-005; One Year Time Extension In Accordance With The Arroyo
Grande Municipal Code; Location – 1495 El Camino Real; Applicant –
Scott Pace; Representative – Greg Soto
DATE: May 3, 2022
SUMMARY OF ACTION:
Approval of Time Extension No. 22-001 for Conditional Use Permit No. 16-005 would
allow an additional twelve (12) months for the developer to obtain building permits to
construct a new professional office building, accessory warehouse space, and two (2)
second-floor residential units at 1495 El Camino Real. Approval of the time extension
application would extend the expiration of the approval to March 6, 202 3.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolu tion approving Time
Extension 22-001 (Attachment 1).
BACKGROUND:
On March 6, 2018, the Planning Commission adopted Resolution No. 18-2299 approving
Conditional Use Permit 16-005 for the construction of a new professional office building,
accessory warehouse space, and two (2) second-floor residential units on the property
located at 1495 El Camino Real. The applicant has been working toward obtaining
appropriate permits for the construction of the approved development, but has found it
necessary to request an extension of the approval to allow adequate time to address plan
check corrections on the building permit application. Therefore, the applicant submitted a
time extension request to extend the entitlement’s approval for one year, which was due
to expire on March 6, 2022.
Page 8 of 86
Planning Commission
Consideration Of Time Extension 22-001 For Conditional Use Permit No. 16-005; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location
– 1495 El Camino Real; Applicant – Scott Pace; Representative – Greg Soto
May 3, 2022
Page 2
ANALYSIS OF ISSUES:
Municipal Code Subsection 16.12.140.C allows the Planning Commission to grant a
project up to three (3) one-year time extensions, only if it is found that there have been
no significant changes in the General Plan, Municipal Code, or character of the area within
which the project is located that would cause the approved project to be injurious to the
public health, safety, or welfare. No such changes have been identified that would cause
the proposed project to be injurious to the public health, safety, or welfare. The applicant
states that the need for a time extension is the result of delays associated with the COVID -
19 pandemic. The pandemic has made coordinating with consulting firms more time
consuming and cumbersome than pre-pandemic times. If approved, the one-year time
extension would extend the expiration date of the project to March 6, 2023. This is the
final extension available for this entitlement.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving Time Extension 22-001;
2. Modify and adopt the attached Resolution approving Time Extension 22-001;
3. Do not adopt the attached Resolution, provide specific findings and direct staff to
return with a Resolution denying the time extension; or
4. Provide direction to staff.
ADVANTAGES:
Approving the requested time extension will maintain the viability of an approved project
and will allow the applicant to continue to work toward obtaining building permits to
construct the project.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
Review of Conditional Use Permit 16-005 for compliance with the California
Environmental Quality Act (CEQA) determined that the project was categorically exempt
from environmental review pursuant to Section 15322 of the CEQA Guidelines regarding
infill development in urban areas. The granting of a time extension in not anticipated to
have any effect on that determination.
PUBLIC NOTIFICATION AND COMMENTS:
Pursuant to Municipal Code Table 16.12.030-B, a public hearing is not required for
approval of a time extension. The Agenda was posted at City Hall and on the City’s
website in accordance with Government Code Section 54954.2
Page 9 of 86
Planning Commission
Consideration Of Time Extension 22-001 For Conditional Use Permit No. 16-005; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location
– 1495 El Camino Real; Applicant – Scott Pace; Representative – Greg Soto
May 3, 2022
Page 3
Attachments:
1. Draft Resolution
Page 10 of 86
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR
TIME EXTENSION FOR CONDITIONAL USE PERMIT NO.
16-005 (TIME EXTENSION 22-001); APPLIED FOR BY
SCOTT PACE; LOCATED AT 1495 EL CAMINO REAL
WHEREAS, the Planning Commission adopted Resolution No. 18-2299 approving
Conditional Use Permit 16-005 for the construction of a new professional office building,
accessory warehouse space, and two (2) second-floor residential units (the “Project”)
WHEREAS, the effective date of the decision was March 6, 2018; and
WHEREAS, the approval remained valid for two (2) years from the effective date of decision;
and
WHEREAS, the Planning Commission approved Time Extension 20-001 to extend the
expiration date of the Project by one (1) year to March 6, 2021; and
WHEREAS, the Planning Commission approved Time Extension 21-002 to extend the
expiration date of the Project by one (1) year to March 6, 2022; and
WHEREAS, an application for Time Extension 22-001 was submitted to extend the
expiration date of the Project by one (1) more year; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the
request for Time Extension 22-001 on May 3, 2022; and
WHEREAS, the Planning Commission reviewed Conditional Use Permit 16-005 for compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA, and
determined that the project was categorically exempt pursuant to Section 15322 of the CEQA Guidelines regarding in-fill development in urban areas; and
WHEREAS, the categorical exemption pursuant to Section 15322 of the CEQA Guidelines
also applies to the application for a time extension; and
WHEREAS, the Planning Commission finds, after due study and deliberation, the following circumstances exist:
1.There have been no significant changes in the General Plan, Municipal Code or
character of the area within which the project is located that would cause the
approved project to be injurious to the public health, safety or welfare.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Time Extension 22-001 for the third of three (3) available one-year
extensions, subject to the above findings and the conditions as set forth in Exhibit "A”
attached hereto and incorporated herein by this reference. Conditional Use Permit No. 16-
ATTACHMENT 1
Page 11 of 86
RESOLUTION NO.
PAGE 2
005 shall now expire on March 6, 2023.
Page 12 of 86
RESOLUTION NO.
PAGE 3
On motion by Commissioner _________, seconded by Commissioner _________ and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 3rd day of May 2022.
Page 13 of 86
RESOLUTION NO.
PAGE 4
_______________________________________
GLENN MARTIN, CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT: ______________________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR
Page 14 of 86
RESOLUTION NO.
PAGE 5
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 22-001 FOR
CONDITIONAL USE PERMIT NO. 16-005
1495 EL CAMINO REAL
This approval authorizes a one (1) year time extension for Conditional Use Permit 16-
005, which was originally approved by the Planning Commission on March 6, 2018.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements that are applicable to this project.
2. Conditional Use Permit No. 16-005 shall expire on March 6, 2023, unless a building
permit is issued prior to this date.
3. The developer shall comply with all conditions of approval for Conditional Use
Permit No. 16-005.
Page 15 of 86
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Acting Planning Manager
SUBJECT: Consideration Of Development Code Amendment 21-002 To
Implement Senate Bill 9; Location – Citywide
DATE: May 3, 2022
SUMMARY OF ACTION:
A recommendation to City Council to adopt an ordinance to implement Senate Bill 9 (SB
9).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution recommending the
City Council adopt amendments to the Municipal Code to implement the provisions of
Senate Bill 9 (Attachment 1).
BACKGROUND:
SB 9 was signed by Governor Newsom on September 16, 2021, and became effective
January 1, 2022 (Attachment 2). This bill is intended to streamline housing development
by requiring a proposed housing development containing no more than two 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. SB 9 also requires a local agency to ministerially approve a parcel map fo r
an urban lot split in a single-family residential zone if it meets certain requirements,
including minimum lot size requirements and certain objective standards. Cities may deny
an SB 9 project or subdivision that otherwise meets the requirements of SB 9 only if the
Building Official determines it will result in a specific, adverse impact on health and safety
and there is no feasible way to mitigate the impact.
A study session at City Council was held on March 22, 2022 to provide a forum for
community comments and discuss implications of SB 9 to aid staff in refining the draft
Page 16 of 86
Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 2
ordinance. Council expressed concerns with the effects of the unplanned density
associated with potential SB 9 development. To mitigate the concerns, Council directed
staff to present the draft objective design standards to the Architectural Review
Committee (ARC) for review and recommendation to the Planning Commission.
ANALYSIS OF ISSUES:
SB 9 can be broken into two primary components: 1) provisions that allow subdivisions
of a single-family zoned lot into two lots (“subdivisions”); and 2) provisions that allow
construction of two units on a single-family zoned property (“two-unit projects”). These
provisions can be used in concert, so that an applicant could subdivide an existing parcel
and build two units on each parcel.
Qualifying Properties
Parcels located in any zoning district allowing single family residential uses are eligible
for SB 9 development. This includes the Residential Estate, Residential Hillside,
Residential Rural, Residential Suburban, Village Residential, Single-Family zones, and
the Planned Development districts, which all allow single-family residences as an allowed
use. In the draft ordinance presented to Council at the study session, only parcels in the
Single Family zone would have been eligible for development under the SB 9 ordinance.
This was based on staff’s interpretation and guidance from the City Attorney. Subsequent
to the study session, the California Department of Housing and Community Development
released a SB 9 Fact Sheet with information about the legislation (Attachment 3). Based
on the information in that document, the zoning districts eligible for SB 9 development
has been broadened to include all zones that permit single family residential as an allowed
use.
Regardless of zoning, properties are excluded from using SB 9 for two -unit projects
and/or subdivisions if they are located in any of the following areas:
Prime farmlands or farmlands of statewide importance, or farmlands protected by
a local ordinance
Wetlands, as defined in the United States Fish and Wildlife Service Manual
A hazardous waste site
Lands identified for conservation in an adopted conservation plan or under a
conservation easement
Habitat for protected species
Within a historic district or on a site that is designated as historic
As indicated above, SB 9 does not apply to parcels 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.” Under Public Resources Code Section 5020.1, “Historic
district” means “a definable unified geographic entity that possesses a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development.” Studies were conducted by
Page 17 of 86
Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 3
the City that confirm the Historic Character Overlay District (D-2.4) possesses a high
concentration of historically relevant sites and structures which supported creation of th e
district. Therefore, parcels in the overlay district would be ineligible for purposes of SB 9.
Prime farmland and farmlands of statewide importance are present within the City, most
of which is found near Fair Oaks Avenue between Woodland Drive and Highway 101 and
in the areas near Branch Mill Road. None of these sites have a single family zoning
designation, so they would be ineligible for SB 9 projects regardless of their status as
prime farmland.
Three other areas are identified as conditionally excluded from SB 9. These areas
include:
Within a very high fire hazard severity zone
Within a delineated earthquake fault zone, unless the project is designed to meet
building code requirements for building within such zone
Within a special flood hazard area or regulatory floodway, unless certain
requirements are met
SB 9 development is allowed in the areas listed above, but only when applicable building
code and measures for hazard mitigation are met. For example, a property in the flood
zone is required to provide a no-rise certification, prepared in accordance with Federal
Emergency Management Agency guidelines, to indicate that the construction of a building
will not increase flood hazards downstream. Certain building techniques and materials
measures are required for SB 9 developments on properties in an earthquake or high fire
zone.
A property can only be subdivided pursuant to SB 9 once. SB 9 also precludes the same
applicant, or someone working in concert with the applicant, from subdividing adjac ent
properties. SB 9 does not override covenants, conditions, and restrictions (CC&Rs) or
other private governing documents for homeowner’s associations (HOA) or common -
interest developments, meaning these developments may impose further restrictions on
subdivision of parcels and two-unit developments. The City would process an SB 9
application, but because the City is not a party to private governing documents,
enforcement of such documents is left to the HOA. The application for SB 9 projects will
include a disclaimer for the applicant to acknowledge notification of their HOA when
applicable.
Urban Lot Splits
Lot splits proposed under the provisions of SB 9 are referred to as Urban Lot Splits (ULS).
The legislation requires that a parcel map for an ULS shall be approved ministerially,
without discretionary review. Parcels developed with affordable housing, or residential
units that have been occupied by a tenant within three (3) years of the ULS application
may not be split if the application proposes to alter or demolish the residential units.
Page 18 of 86
Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 4
Under the subdivision provisions of SB 9, the City must also allow a single -family zoned
property to be subdivided into two roughly proportional lots. To ensure rough
proportionality, SB 9 specifies that one lot cannot be less than 40 percent the size of the
other. The bill also establishes a minimum lot size of 1,200 square feet for lots created
through an urban lot split. Provisions of SB 9 include the following allowances and
restrictions on subdivisions:
Cannot require dedication of right-of-way or construction of off-site improvements
(such as installation of a sidewalk where there is none);
May require that parcels have access to a public right -of-way;
May require easements for the provision of public services and facilities; and
Must require the applicant to sign an affidavit stating that the applicant intends to
live on one of the properties as their primary residence for at least three years after
the date of the subdivision. This requirement does not apply to an urban land trust
or qualified non-profit.
Units built on lots created through an ULS are reserved for residential uses, may not be
permitted for short term rentals, and requires owner occupancy for at least three years
from the date of the approval of the ULS. An owner affidavit will be required with the
application for a ULS and in addition to the owner occupancy statement, must include a
clause stating that a unit located on a lot created through an ULS will not be used as a
short term rental.
Two-unit Development
A housing development consisting of two residential units within a single-family residential
zone shall also be considered ministerially, without discretionary review or hearing if
developed pursuant to the provisions in SB 9. A two-unit development may include the
construction of two new units, or the addition of a new unit to a property already developed
with a single-family dwelling. A two-unit development would be subject to the following
requirements, among others:
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;
The proposed housing development would not require demolition or alteration of
housing that has been occupied by a tenant in the last three years;
The proposed housing development does not allow for the demolition of more than
25% of the existing exterior structural walls of an e xisting residential unit on the
property unless the site has not been occupied by a tenant in the last three years;
and
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.
Page 19 of 86
Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 5
When an application for a two-unit development is submitted that proposes the demolition
of an existing unit, staff will confirm the subject parcel complies with the State mandated
requirements listed above. Staff maintains a database of deed -restricted affordable
housing units that will be referenced to verify an affordable unit is not proposed for
demolition. Furthermore, staff can obtain water billing information to verify whether a unit
has been rented in the previous three years.
Objective Design Standards
The City may adopt objective development standards for SB 9 projects, but those
standards cannot preclude construction of at least two units of 800 square feet in size
each. Objective standards are those standards that involve no exercise in judgement to
apply, such as numeric setback requirements. These design standards can regulate
specific standards such as unit size, height limits; aesthetics; and function.
SB 9 already includes the following mandatory development standards:
Cannot require more than four-foot side and rear setbacks for SB 9 developments;
Cannot require more than one parking space per unit. Cannot require any parking
for projects within a half-mile walking distance of high-quality transit or major transit
stops, as defined by state law, or if there is a car share vehicle located within one
block;
Must allow construction of attached units; however, attached units must be
designed to meet all requirements for selling each unit individually;
No setback can be required for existing structures, and
The City shall not require the correction of non-conforming zoning conditions on a
property as a condition of approval of a project or deny a project due to existing
non-conformities.
A high-quality transit stop is defined as a stop on a fixed route bus service with service
intervals no longer than 15 minutes during peak commute hours. Every bus route serving
Arroyo Grande has service intervals exceeding 15 minutes, therefore the parking
exemption described above is not available for SB 9 projects in the City unless bus service
changes to meet the state definitions. Beyond the mandatory development standards, the
City may incorporate standards for floor-area ratios, height, lot coverage, and building
separation, among others. Just as with units that are constructed on parcels created
through a ULS, two-unit developments may not be short term rentals.
On April 18, 2022, the ARC reviewed the proposed objective design standards
(Attachment 4). As a result of that meeting, standards for maximum unit size, height,
rooftop decks, color, and materials were revised. T he standards in the following bulleted
lists below are included in the draft ordinance:
Page 20 of 86
Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 6
Massing and Articulation
o Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in Section
16.32.050.
o Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
o Height: 16-foot maximum for portions of structures located within the
setback of the underlying zoning district. The remainder of the structure
located outside of the setbacks of the underlying zoning district shall
conform to the height requirements of that district.
o Rooftop Decks shall be permitted in accordance with Section 16.48.180.
The ARC found the maximum unit size to be too restrictive for the larger single family lots,
and was also concerned that the previously proposed maximum unit size of 1,200 square
feet would discourage SB 9 development. Using the floor-area ratios already established
in the Municipal Code was determined to be a solution that is both equ itable and maintains
neighborhood character. The floor-area ratios found in AGMC 16.32.050 are summarized
in Table 1.
Table 1: Floor-Area Ratio Maximums
Lot Size Floor Area Ratio Maximum
0-4,000 sq. ft. 0.35
4,001-7,199 sq. ft. 0.40
7,200-11,999 sq. ft. 0.50
12,000-39,999 sq. ft. 0.45
Greater than 40,000 sq. ft.
At the study session, Council was undecided about whether the 16 -foot height limit would
be overly restrictive. To provide some flexibility, staff revised the height limitation so that
the 16-foot height limit would only apply to the portion of structures built within the
setbacks of the underlying zone. Portions of the structure that comply with the setbacks
of the underlying district would be subject to the height limit of that district. The building
separation standard is proposed to maximize privacy and outdoor space for inhabitants
of SB 9 units. Initially, staff proposed a prohibition of rooftop decks, but the ARC felt that
rooftop decks provide an opportunity for outdoor living space.
Colors and Materials
o The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
o Color schemes shall consist of one primary color and at least one secondary
color, at a minimum. The roof color shall not be considered a color for
purposes of this standard.
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Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 7
Standards for colors and materials are intended to ensure a minimal amount of aesthetic
quality. The cladding materials are commonly found throughout the city, and prevent the
use of less durable materials that would deteriorate over time and become unsightly.
Multiple colors are required to ensure more visual appeal than a simple, single color.
Parking and Circulation
o Parking areas shall not be located between a structure and a public
sidewalk within the front setback, with the exception of permitted driveways.
When parking areas are located in the front yard, outside of the front
setback, a landscape buffer of at least 10 feet between the sidewalk and
parking area shall be provided.
o All parking areas serving more than one unit shall be internally connected
and shall use shared driveways.
As many as four units can be developed on a single-family lot that was planned to
accommodate just a single unit. One parking space is required per unit under SB 9,
potentially creating the need for as many as four uncovered parking spaces on the original
parcel. Arroyo Grande Municipal Code Section 16.56.030 already prohibits parking in a
front setback, but makes an exception for parking spaces on a lawfully established
driveway. The requirement to provide a landscape buffer is intended to prevent parking
from dominating the most publicly visible area of a property. Shared driveways ar e a way
to minimize the amount of paving on a property for both aesthetic and stormwater
management purposes.
Utility and Service Areas
o All new dwelling units must connect to City utilities in accordance with
AGMC 13.12.060
o Areas for the storage of trash, recycling, and green waste receptacles shall
not be visible from the public right of way.
o All mechanical equipment shall be either screened or hidden from view from
the public street.
Requiring connection to City utilities (water and sewer) ensures that units developed
under SB 9 will remain livable without relying on private water wells or septic systems,
which have a finite lifespan. The standards applicable to service areas are intended to
maintain neighborhood character through aesthetics.
Accessory Dwelling Units
ADUs are allowed with SB 9 projects; however, SB 9 states that an agency shall not be
required to permit more than two units on a parcel created by an ULS. In addition, SB 9
states that the City is not required to permit an ADU on parcels that propose both a two-
unit residential development and an ULS. Staff recommends that ADUs not be allowed
Page 22 of 86
Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 8
on parcels created through an ULS. Staff also recommends restricting ADUs and JADUs
to two-unit developments as allowed under SB 9. As a result of this recommendation, for
each primary unit allowed, an ADU or JADU would be allowed, but no ADUs would be
allowed on new parcels created through a ULS. Objective design standards may apply
to ADUs as well as two-unit developments.
SB 9 does not allow the City to require dedication of rights-of-way or the construction of
off-site improvements as a condition of approval for an ULS. The City may impose Arroyo
Grande Municipal Code Chapter 16.68 requiring the undergrounding of utilities at the time
of building permit issuance. Development impact fees, such as those for fire protection,
police facilities, park improvements, and traffic signalization, and connection fees for
water and wastewater may be collected with building permit fees for new residential units
proposed with the provisions of SB 9.
Next Steps
A recommendation for adoption to the Planning Commission will allow the ordinance to
return to Council for introduction and adoption.
ALTERNATIVES:
The following alternatives are provided for the Planning Commission’s consideration:
1. Adopt the Resolution, as prepared, recommending that the City Council adopt the
ordinance to implement SB 9; or
2. Adopt the Resolution, as revised by the Planning Commission, recommending that
the City Council adopt the ordinance to implement SB 9; or
3. Provide other direction to staff.
ADVANTAGES:
A recommendation to City Council to adopt an ordinance to implement SB 9 will allow the
City to regulate development pursuant to the State legislation. The objective design
standards contained in the draft ordinance will ensure orderly development of SB 9
projects that are consistent with the character of existing single-family neighborhoods.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the adoption of an ordinance to implement
Senate Bill 9 creates a ministerial review process and therefore is exempt from the
requirements of CEQA pursuant to Division 13 (commencing with Section 21000) of the
Public Resources Code.
PUBLIC NOTIFICATION AND COMMENTS:
Page 23 of 86
Planning Commission
Consideration Of Development Code Amendment 21 -002 To Implement Senate Bill 9;
Location – Citywide
May 3, 2022
Page 9
A notice of public hearing was published in the Tribune and posted at City Hall and on
the City’s website on April 22, 2022. The meeting Agenda was posted at City Hall and on
the City’s website in accordance with Government Code Section 54954.2.
Attachments:
1. Resolution
2. Senate Bill 9
3. HCD SB 9 Fact Sheet
4. Draft Minutes from the April 18, 2022 Regular Meeting
5. Draft Ordinance – Urban Lot Splits
6. Draft Ordinance – Two-Unit Residential Development
Page 24 of 86
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL ADOPT AN ORDINANCE APPROVING
DEVELOPMENT CODE AMENDMENT NO. 21-002 TO
IMPLEMENT SENATE BILL 9; LOCATION- CITYWIDE
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9
that, among other things, added Government Code Sections 65852.21 and 66411.7
and amended Government Code Section 66452.6 allowing additional housing units on
properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides
ministerial approval of 1) no more than two housing units on a lot within a single-family
residential zoning district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC)
implement the requirements of SB 9 and add local regulations that within the scope of
the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt Ordinances approving
Development Code Amendment 21-002 amending Title 16 of the Arroyo Grande
Municipal Code as attached hereto as Exhibit “A” and incorporated herein by this
reference.
On motion by Commissioner ________, seconded by Commissioner _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
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RESOLUTION NO.
PAGE 2
the foregoing Resolution was adopted this 3rd day of May, 2022.
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RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 27 of 86
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9
that, among other things, added Government Code Sections 65852.21 and 66411.7
and amended Government Code Section 66452.6 allowing additional housing units on
properties within residential zoning districts; and
WHEREAS, SB 9 went into effect on January 1, 2022; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides
ministerial approval of 1) no more than two housing units on a lot within a single-family
residential zoning district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC)
implement the requirements of SB 9 and add local regulations that within the scope of
the State law; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and
WHEREAS , the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on May 3, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the case as presented; and
WHEREAS, on May 3, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council adding Sections 16.20.180 and 16.32.060 to the
Arroyo Grande Municipal Code; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice
thereof as required by law, held a public hearing on __________, 2022, concerning the
addition of AGMC Sections 16.20.180 and 16.32.060; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on __________, 2022 introduced this Ordinance to add Section
16.20.180 to Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report, its attachments and all supporting materials referenced therein or offered in
the matter as presented at the public hearing.
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RESOLUTION NO.
PAGE 5
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 16.20.180 is hereby added to Title 16, Chapter 20 of the Arroyo
Grande Municipal Code to read as follows:
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner
of property in the Single Family zoning district an additional method to subdivide
the parcel for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in the Single
Family zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction
with a concurrently submitted application for building permits for two-unit
residential development pursuant to Section 16.32.060. Development on the
resulting parcels is limited to the residential development approved in the
concurrently submitted building permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil
engineer or licensed land surveyor in accordance with Government Code
sections 66444 – 66450 and this Section, and submitted for approval to the City
Engineer. A fee in an amount established by City Council resolution must be paid
concurrently with the submission of the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section.
The City Engineer shall approve a parcel map for an urban lot split if the
Engineer determines that it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map
to establish compliance with the construction plans and all provisions of this Code and
applicable State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot.
b. Location and dimensions of existing and proposed property lines;
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RESOLUTION NO.
PAGE 6
c. Zoning District;
d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes,
or systems;
h. The location of any proposed easements for access or public utilities to
serve a lot created by the subdivision;
i. The location of any existing trees larger than four inches in diameter
measured four feet six inches above the base and any such trees proposed
for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of
contours at 5-foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public
and private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
n. Location of existing or proposed driveway dimensions, materials, and
slope (including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public
right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
a. The proposed urban lot split would not require or authorize 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 Section 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code to withdraw
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RESOLUTION NO.
PAGE 7
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.
b. The parcel has not been established through prior exercise of an urban lot
split under this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel under
the provisions of this Section.
d. The owner intends to occupy one of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of three
years from the date of the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than
31 consecutive days, nor shall rental terms allow termination of the tenancy
prior to the expiration of at least one thirty-one (31) day period of occupancy
by the same tenant.
f. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two
parcels of approximately equal lot area. One parcel shall not be smaller than 40
percent of the lot area of the original parcel proposed for subdivision and neither
parcel shall be smaller than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate
sewer connection.
3. Each parcel shall either drain a developed drainage easement or in accordance
with the City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as
necessary for flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section
66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three
years before the date of the parcel map;
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RESOLUTION NO.
PAGE 8
b. A structure designated as a historic structure or a candidate structure
under any City ordinance or included on the State Historic Resources
Inventory;
c. A dwelling 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.
d. Existing easements if the resulting lot would create a developable area
that would interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage
requirements of the Development Code; a flag lot, or a lot with a narrow
projecting strip of land extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth,
consistent with the minimum lot sizes described in subsection D, above. Lot
depth shall be measured at the midpoint of the front lot line. Lot width shall be
measured by a line connecting two points on opposite interior lot lines that
will result in a line parallel to the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environment in which case the line may be not
be straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the
minimum public street frontage is provided, the lot line dividing the two
parcels must be parallel to and not less than 50 feet from an existing front lot
line, or outside the front half of the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular
to the street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the
top of creek banks, at appropriate topographical changes (top or bottom of
slopes etc.) or at locations which clearly separate existing and proposed land
uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or
accessory use on a lot without a main building or primary use on the same
lot, as defined in the Development Code.
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RESOLUTION NO.
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i. Lot lines shall not render an existing structure as nonconforming in any
respect (e.g., setbacks, Floor Area Ratio, parking), nor increase the
nonconformity of an existing nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an
access easement serving no more than two lots. Access shall be provided in
compliance with these standards:
a. Vehicle access easements serving a maximum of two units shall meet the
following standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet,
unless a wider driveway is required by the California Fire Code due to
distance of the structure from the easement, or as needed to meet the
driveway and parking standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the
following standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No
maximum easement length shall be set. If easement length is more than
75 feet, a vehicle turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile
parking spaces are required or proposed for the residential development, a
vehicle access easement is not required. An easement providing pedestrian
access to a street from each lot shall be provided meeting the following
standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an
intersection.
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RESOLUTION NO.
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3. Access and provisions for fire protection consistent with the California Fire Code
shall be provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code,
the City’s Design Standards, and the parking design standards in the
Development Code.
5. Lots taking access by an easement must record a shared maintenance
agreement for the driveway. The agreement shall be recorded prior to or
concurrently with the final map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of
Government Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve
each lot created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with
access to the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential
dwellings;
b. That no more than two residential dwelling units may be permitted on
each lot. As used in this subsection residential dwelling unit includes a unit
created pursuant to Government Code section 65852.21, a primary dwelling
unit, an accessory dwelling unit as defined in Government Code section
65852.2, or a junior accessory dwelling unit as defined in Government Code
section 65852.22.
c. That rental of any dwelling unit on a lot created by the parcel map shall
not be less than 31 consecutive days, nor shall rental terms allow termination
of the tenancy prior to the expiration of at least one 31-day period occupancy
by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on
either lot, concurrent or subsequent to an urban lot split, unless it is approved
with a valid building permit for the construction of a housing development and
complies with all the objective development and design standards outlined for
two-unit residential development or accessory dwelling units in this Code, or any
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RESOLUTION NO.
PAGE 11
other adopted objective design standards in effect at the time a complete
application is submitted.
2. A building permit for development on an urban lot split cannot be issued until the
parcel map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made 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 of the
Government Code, 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.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
SECTION 3. Section 16.32.060 is hereby added to Title 16, Chapter 32 of the Arroyo
Grande Municipal Code to read as follows:
Sample Draft Ordinance – For Discussion Purposes
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one
legal parcel, consistent with state law and local regulations. In the event of an
inconsistency between this Section and Government Code Section 65852.21,
Government Code Section 65852.21 shall prevail. Provided that Government
Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit
residential development in the single family zoning districts shall be located,
developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit
residential development shall not be permitted under this Section in any of the
following circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
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prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for
residential use;
v. Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has
been subject to a FEMA Letter of Map Revision issued to the City or the
site meets FEMA requirement necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program;
vii. A regulatory flood way identified in a FEMA map, unless the development
has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource
protection plan, habitat for protected species, or under a conservation
easement; and
ix. A historic district or property designated pursuant to a local ordinance or
included on the State Historic Resources Inventory.
b. The proposed development would 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 moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent controlled unit.
c. The proposed development would result in the demolition of 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.
d. The building official finds that the proposed development would have a specific,
adverse impact on public health and safety or the physical environment that cannot be
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feasibly mitigated or avoided, as defined and determined in paragraph (2) of subdivision
(d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following
restrictions:
1. The development and use of the dwelling units shall only be valid and
permitted based on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty-one
(31) consecutive days, nor shall rental terms allow termination of the
tenancy prior to the expiration of at least one thirty-one (31) day period
of occupancy by the same tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the
following configurations, provided that no more than two attached residential
units are in any one building on a lot. For the purpose of this section, “unit”
means any dwelling unit, including, but not limited to, two-unit residential
development, additional residential unit, primary residential unit, accessory
dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building,
including garages.
3. One new unit attached to and increasing the size of an existing residential
unit or an existing accessory building.
4. One new unit detached from and located on the same lot as an existing
unit. A unit that is attached to another detached accessory building,
but not another residential unit, or is attached by a breezeway or
porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential
units on a vacant lot.
6. A two-unit residential development in any of the configurations described
above may be added to a newly created lot concurrently with an
approval for a parcel map for an urban lot split, pursuant to AGMC
Section 16.20.180, Parcel Maps for Urban Lot Splits; however, the
provisions of that Chapter shall not be used to permit more than two
units on a lot.
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7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150,
Accessory Dwelling Units, may be proposed in addition to the two units
constructed pursuant to this Section on a lot that is not the result of an
urban lot split.
D. Parking.
1. Pursuant to Government Code Section 65852.21(c), one off-street parking
space is required per dwelling unit, unless the parcel is located within
one-half mile of 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 or
there is a car share vehicle located within one block of the parcel.
2. The location of the required parking space(s) shall not obstruct the
required parking of each Dwelling Unit.
3. The parking facilities shall comply with Section 16.56.070.
4. Required parking spaces for separate dwelling units shall not be provided
in a tandem configuration.
5. The required parking spaces must be covered.
E. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures
constructed in the same location and to the same dimensions as an
existing structure.
2. For projects not meeting the requirements of subsection 1 above, a
minimum four-foot setback shall be provided from side and rear lot
lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Government Code Section 65852.21 permits the imposition of objective zoning
standards and objective design standards, provided the standards do not physically
preclude the construction of up to two units of at least 800 square feet. Accordingly, the
follow objective standards shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in
Section 16.32.050 of this Title.
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b. Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
c. Height: The maximum height shall be 16-feet for any structure, or portions
thereof, located within the setback of the underlying zoning district.
Structures, or any portion thereof, located outside of the setbacks of the
underlying zoning district shall conform to the height requirements of that
district.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of
this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one
secondary color, at a minimum. The roof color shall not be considered a
color for purposes of this standard.
3. Parking and Circulation
a. Parking shall not be located between a structure and a public sidewalk
within the front setback, with the exception of permitted driveways. When
parking areas are located in the front yard, outside of the front setback, a
landscape buffer of at least 10 feet between the sidewalk and parking
area shall be provided.
b. All parking areas serving more than one unit shall be internally connected
and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with
Section 13.12.060 of Title 13.
b. Areas for the storage of trash, recycling, and green waste receptacles
shall not be visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view
from the public street.
Ministerial Approval of Two-Unit Residential Development Projects.
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1. The Community Development Director or his/her designee shall ministerially
review and approve a two-unit residential development application and shall not
require a public hearing, provided that the submitted application is complete and
demonstrates that the two-unit residential development project complies with the
requirements contained in this Title 16 and qualifies under Government Code
Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential
development project, the applicant shall be required to obtain a building permit,
and other applicable construction permit requirements prior to the construction of
the dwelling units.
SECTION 4. The adoption of this Ordinance is not considered a project, therefore is
statutorily exempt from the requirements of California Environmental Quality Act
(CEQA) pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code. The City Clerk shall file a Notice of Exemption from CEQA review in
accordance with CEQA Guidelines.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022.
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___________________________________
CARON RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
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SHARE THIS:Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals.(2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government
Code, relating to land use.
[ Approved by Governor 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
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.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
ATTACHMENT 2
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This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot
split that meets certain requirements, including, but not limited to, that the urban lot split would not require the
demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located
within a single-family residential zone, and that the parcel is not located within a historic district, is not included
on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or
county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but
not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards,
and objective design standards, as defined, unless those standards would have the effect of physically precluding
the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2
units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under
certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would
require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their
principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the
applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a
local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to
sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described
above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out
or approve that may have a significant effect on the environment. CEQA does not apply to the approval of
ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of
projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal
development permit process, within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
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.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-
family residential zone shall be considered ministerially, without discretionary review or a hearing, if the
proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which
include some portion of either an urbanized area or urban cluster, as designated by the United States Census
Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
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(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not
require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police
power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real
property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development
proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing
exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years.
(6) The development is not located within a historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed
as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose
objective zoning standards, objective subdivision standards, and objective design review standards that do not
conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and
objective design standards that would have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may
require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any
of the following conditions when considering an application for two residential units as provided for in this
section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking
requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined
in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(2) For residential units connected to an onsite wastewater treatment system, a percolation test completed
within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the
building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which
there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
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(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer
than 30 days.
(f ) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory
dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this
section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected
solely because it proposes adjacent or connected structures provided that the structures meet building code
safety standards and are sufficient to allow separate conveyance.
(h) Local agencies shall include units constructed pursuant to this section in the annual housing element report
as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new
units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review
standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the
development applicant or proponent and the public official prior to submittal. These standards may be embodied
in alternative objective land use specifications adopted by a local agency, and may include, but are not limited
to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to
implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of
the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public hearings for coastal development permit
applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall
ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency
determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal
lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square
feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this
subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include
some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or,
for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as
designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4.
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(D) The proposed urban lot split would not require demolition or alteration of any of the following types of
housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police
power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under
Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or
lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed
as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has
previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the following
requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially
without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of
the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided
in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of
rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a
parcel map for an urban lot split pursuant to this section.
(c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective
zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel
created by an urban lot split that do not conflict with this section.
(2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective
design review standards that would have the effect of physically precluding the construction of two units on
either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency
may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a
written finding, based upon a preponderance of the evidence, that the proposed housing development project
would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this section, a local agency may require any of
the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities.
(2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
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(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 housing units as their principal residence for a minimum of three years
from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of
subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is
a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this
subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer
than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the
creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (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.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this
section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a)
of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards”
mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable
by reference to an external and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative
objective land use specifications adopted by a local agency, and may include, but are not limited to, housing
overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to
implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of
the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application
of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public hearings for coastal development permit
applications for urban lot splits pursuant to this section.
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SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or
conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to
exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six
thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of the tentative map, excluding
improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are
reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1
shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date
of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The
extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.
However, a tentative map on property subject to a development agreement authorized by Article 2.5
(commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for
in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be
filed shall be determined by the advisory agency at the time of the approval or conditional approval of the
tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six
thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to
the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the
State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after
the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways,
freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities,
water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to
subdivision (e), shall not include any period of time during which a development moratorium, imposed after
approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond
January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that
approved or conditionally approved the tentative 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
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4/21/22, 12:17 PM Bill Text - SB-9 Housing development: approvals.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB9 8/8
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.
(f ) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water
and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the
provision of services to the land, including the public agency with the authority to approve or conditionally
approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.
A development moratorium shall also be deemed to exist for purposes of this section for any period of time
during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county
either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the
necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition of real property or any interest in real property from a public agency,
other than the city or county that approved or conditionally approved the tentative map, and that other public
agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in
this subdivision shall be construed to require any public agency to convey any interest in real property owned by
it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the
date of approval or conditional approval of the tentative map, if evidence was included in the public record that
the public agency that owns or controls the real property or any interest therein may refuse to convey that
property or interest, or on the date that the public agency that owns or controls the real property or any interest
therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever
is later. A development moratorium specified in this paragraph shall extend the tentative map up to the
maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency
that owns or controls the real property or any interest therein fails or refuses to convey the necessary property
interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be
deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a
written offer or commitment binding on the agency to convey the necessary property interest for a fair market
value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide
concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and
Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter
cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act or because costs that may
be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article
XIII B of the California Constitution.
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California Department of Housing and Community Development
SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes
of 2021)
Housing Policy Development Division
March 2022
ATTACHMENT 3
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California Department of Housing and Community Development – SB 9 Fact Sheet
1
This Fact Sheet is for informational purposes only and is not intended to implement or
interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9
may concurrently violate other housing laws where HCD does have enforcement
authority, including but not limited to the laws addressed in this document. As local
jurisdictions implement SB 9, including adopting local ordinances, it is important to keep
these and other housing laws in mind. The Attorney General may also take independent
action to enforce SB 9. For a full list of statutes over which HCD has enforcement
authority, visit HCD’s Accountability and Enforcement webpage.
Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a
housing development with no more than two primary units in a single-family zone, the
subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates
the creation of up to four housing units in the lot area typically used for one single-family
home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g.,
wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income
households, and the protection of historic structures and districts. Key provisions of the
law require a local agency to modify or eliminate objective development standards on a
project-by-project basis if they would prevent an otherwise eligible lot from being split or
prevent the construction of up to two units at least 800 square feet in size. For the
purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing
development” mean primary unit(s) unless specifically identified as an accessory dwelling
unit (ADU) or junior ADU or otherwise defined.
Single-Family Residential Zones Only
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A))
The parcel that will contain the proposed housing development or that will be subject to
the lot split must be located in a single-family residential zone. Parcels located in multi-
family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB
9 mandates even if they allow single-family residential uses as a permitted use. While
some zones are readily identifiable as single-family residential zones (e.g., R-1 “Single-
Family Residential”), others may not be so obvious. Some local agencies have multiple
single-family zones with subtle distinctions between them relating to minimum lot sizes or
allowable uses. In communities where there may be more than one single-family
residential zone, the local agency should carefully review the zone district descriptions in
the zoning code and the land use designation descriptions in the Land Use Element of
the General Plan. This review will enable the local agency to identify zones whose primary
purpose is single-family residential uses and which are therefore subject to SB 9.
Considerations such as minimum lot sizes, natural features such as hillsides, or the
permissibility of keeping horses should not factor into the determination.
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California Department of Housing and Community Development – SB 9 Fact Sheet
2
Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two
residential units (i.e., one or two). The law does not otherwise change the allowable land
uses in the local agency’s single-family residential zone(s). For example, if the local
agency’s single-family zone(s) does not currently allow commercial uses such as hotels
or restaurants, SB 9 would not allow such uses.
Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1))
An application made under SB 9 must be considered ministerially, without discretionary
review or a hearing. Ministerial review means a process for development approval
involving no personal judgment by the public official as to the wisdom of carrying out the
project. The public official merely ensures that the proposed development meets all the
applicable objective standards for the proposed action but uses no special discretion or
judgment in reaching a decision. A ministerial review is nearly always a “staff-level
review.” This means that a staff person at the local agency reviews the application, often
using a checklist, and compares the application materials (e.g., site plan, project
description, etc.) with the objective development standards, objective subdivision
standards, and objective design standards.
Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c))
The local agency may apply objective development standards (e.g., front setbacks and
heights), objective subdivision standards (e.g., minimum lot depths), and objective design
standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would
not physically preclude either of the following:
Up to Two Primary Units. The local agency must allow up to two primary units
(i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary
units on each of the resulting parcels.
Units at least 800 square feet in size. The local agency must allow each primary
unit to be at least 800 square feet in size.
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. Any objective standard that would
physically preclude either or both of the two objectives noted above must be modified or
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California Department of Housing and Community Development – SB 9 Fact Sheet
3
waived by the local agency in order to facilitate the development of the project, with the
following two exceptions:
Setbacks for Existing Structures. The local agency may not require a setback
for an existing structure or for a structure constructed in the same location and to
the same dimensions as an existing structure (i.e., a building reconstructed on the
same footprint).
Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board
maximum four-foot side and rear setbacks. The local agency may choose to apply
a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four
feet. The local agency cannot apply existing side and rear setbacks applicable in
the single-family residential zone(s). Additionally, the four-foot side and rear
setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd.
(b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A))
SB 9 requires the ministerial approval of either one or two residential units. Government
Code section 65852.21 indicates that the development of just one single-family home was
indeed contemplated and expected. For example, the terms “no more than two residential
units” and “up to two units” appear in the first line of the housing development-related
portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies
to modify development standards to facilitate a housing development. (Gov. Code, §
65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d))
SB 9 establishes a high threshold for the denial of a proposed housing development or
lot split. Specifically, a local agency’s building official must make a written finding, based
upon a preponderance of the evidence, that the proposed housing development would
have a specific, adverse impact, as defined in Government Code section 65589.5,
subdivision (d)(2), 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. “Specific, adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the application was deemed
complete. (Gov. Code, § 65589.5, subd. (d)(2).)
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California Department of Housing and Community Development – SB 9 Fact Sheet
4
Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E))
A proposed housing development or lot split is not eligible under SB 9 if the parcel
contains any of the site conditions listed in Government Code section 65913.4,
subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using
SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard
areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation
easements. SB 9 incorporates by reference these environmental site constraint
categories that were established with the passing of the Streamlined Ministerial Approval
Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s
Streamlined Ministerial Approval Process Guidelines for additional detail on how to
interpret these environmental site constraints.
Additionally, a project is not eligible under SB 9 if it is located in a historic district or
property included on the State Historic Resources Inventory or within a site that is
designated or listed as a city or county landmark or as a historic property or district
pursuant to a city or county ordinance.
California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n))
Because the approval of a qualifying project under SB 9 is deemed a ministerial action,
CEQA does not apply to the decision to grant an application for a housing development
or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply
to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must
not require an applicant to perform environmental impact analysis under CEQA for
applications made under SB 9. Additionally, if a local agency chooses to adopt a local
ordinance to implement SB 9 (instead of implementing the law directly from statute), the
preparation and adoption of the ordinance is not considered a project under CEQA. In
other words, the preparation and adoption of the ordinance is statutorily exempt from
CEQA.
Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D))
A site is not eligible for a proposed housing development or lot split if the project would
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; or (3) housing that has been occupied by a tenant in the last three years.
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California Department of Housing and Community Development – SB 9 Fact Sheet
5
Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the
creation of more than two lots and more than two units on a lot resulting from a lot split
under Government Code section 66411.7. A local agency may choose to allow more than
two units, but it is not required to under the law. A parcel may only be subdivided once
under Government Code section 66411.7. This provision prevents an applicant from
pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9
also does not require a local agency to approve a lot split if an adjacent lot has been
subject to a lot split in the past by the same property owner or a person working in concert
with that same property owner.
Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f))
SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The
requirements of each can be implemented in ways that result in developments with both
“SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State
ADU Law only to a limited extent on a relatively small number of topics. Treating the
provisions of these two laws as identical or substantially similar may lead a local agency
to implement the laws in an overly restrictive or otherwise inaccurate way.
“Units” Defined. The three types of housing units that are described in SB 9 and related
ADU Law are presented below to clarify which development scenarios are (and are not)
made possible by SB 9. The definitions provided are intended to be read within the context
of this document and for the narrow purpose of implementing SB 9.
Primary Unit. A primary unit (also called a residential dwelling unit or residential
unit) is typically a single-family residence or a residential unit within a multi-family
residential development. A primary unit is distinct from an ADU or a Junior ADU.
Examples of primary units include a single-family residence (i.e., one primary unit),
a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.
Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons
and is located on a lot with a proposed or existing primary residence. It includes
permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel on which the single-family or multifamily dwelling is or will be situated.
Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500
square feet in size and contained entirely within a single-family residence. A Junior
ADU may include separate sanitation facilities or may share sanitation facilities
with the existing structure.
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California Department of Housing and Community Development – SB 9 Fact Sheet
6
The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean
primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise
defined. This distinction is critical to successfully implementing SB 9 because state law
applies different requirements (and provides certain benefits) to ADUs and Junior ADUs
that do not apply to primary units.
Number of ADUs Allowed. ADUs can be combined with primary units in a variety of
ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to
four units to be built in the same lot area typically used for a single-family home. The
calculation varies slightly depending on whether a lot split is involved, but the outcomes
regarding total maximum unit counts are identical.
Lot Split. When a lot split occurs, the local agency must allow up to two units on
each lot resulting from the lot split. In this situation, all three unit types (i.e., primary
unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit
could be reached on each lot by creating two primary units, or a primary unit and
an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the
overall maximum of four units required under SB 9 is achieved. (Gov. Code, §
66411.7, subd. (j).) Note that the local agency may choose to allow more than two
units per lot if desired.
No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs
and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is
proposed following a lot split, the local agency must allow, in addition to one or two
primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the
scope of this document to identify every combination of primary units, ADUs, and
Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9
require a local agency to allow more than four units on a single lot, in any
combination of primary units, ADUs, and Junior ADUs.
See HCD’s ADU and JADU webpage for more information and resources.
Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the
production of homes across California. The following represent some, but not necessarily
all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is
implemented locally.
Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s
regional housing need allocation, the housing element must: 1) include a site-specific
inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites
analysis demonstrating the likelihood of redevelopment and that the existing use will not
constitute an impediment for additional residential use, 3) identify any governmental
constraints to the use of SB 9 in the creation of units (including land use controls, fees,
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California Department of Housing and Community Development – SB 9 Fact Sheet
7
and other exactions, as well as locally adopted ordinances that impact the cost and supply
of residential development), and 4) include programs and policies that establish zoning
and development standards early in the planning period and implement incentives to
encourage and facilitate development. The element should support this analysis with local
information such as local developer or owner interest to utilize zoning and incentives
established through SB 9. Learn more on HCD’s Housing Elements webpage.
Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend
its general plan, specific plans, or zoning code in a way that would improperly reduce the
intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies
to residential uses in all zones, including single-family residential zones. “Reducing the
intensity of land use” includes, but is not limited to, reductions to height, density, or floor
area ratio, new or increased open space or lot size requirements, new or increased
setback requirements, minimum frontage requirements, or maximum lot coverage
limitations, or any other action that would individually or cumulatively reduce the site’s
residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).)
A local agency should proceed with caution when adopting a local ordinance that would
impose unique development standards on units proposed under SB 9 (but that would not
apply to other developments). Any proposed modification to an existing development
standard applicable in the single-family residential zone must demonstrate that it would
not result in a reduction in the intensity of the use. HCD recommends that local agencies
rely on the existing objective development, subdivision, and design standards of its single-
family residential zone(s) to the extent possible. Learn more about Designated
Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.
Housing Accountability Act. Protections contained in the Housing Accountability Act
(HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under
SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of
“housing development project” includes projects that involve no discretionary approvals
and projects that include a proposal to construct a single dwelling unit. (Gov. Code, §
65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s
Housing Accountability Act Technical Assistance Advisory.
Rental Inclusionary Housing. Government Code section 65850, subdivision (g),
authorizes local agencies to adopt an inclusionary housing ordinance that includes
residential rental units affordable to lower- and moderate-income households. In certain
circumstances, HCD may request the submittal of an economic feasibility study to ensure
the ordinance does not unduly constrain housing production. For additional information,
see HCD’s Rental Inclusionary Housing Memorandum.
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1
ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
April 18, 2022, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
Committee Members Present: Jon Couch, Kristin Juette, Warren Hoag,
Bruce Berlin
Committee Members Absent: Lori Mainini Hall
Staff Present: Community Development Director Brian
Pedrotti, Associate Planner Andrew Perez,
Assistant Planner Patrick Holub
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1.CALL TO ORDER
Chair Hoag called the meeting to order at 2:30 pm.
2.ROLL CALL
Chair Hoag performed the roll call. Committee Member Hall was absent.
3.FLAG SALUTE
Chair Hoag led the flag salute.
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
Chair Hoag opened the public comment period. No public comment was received.
6.WRITTEN COMMUNICATIONS
Chair Hoag acknowledged the two Supplemental Memos containing public comment for Item 8.b.
7.CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
This item was continued to the next Regular Meeting due to a lack of quorum of Committee
Members that attended the March 21, 2022 Regular Meeting.
ATTACHMENT 4
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3
8.b Review of Objective Design Standards for Projects Proposed Under Senate Bill 9 (SB 9)
Committee Member Couch rejoined the meeting at 2:37 pm.
Acting Planning Manager Perez presented the staff report, explained the legislation and what it
permits. He summarized the objective design standards proposed by staff and the reasoning
behind each of them. He also answered questions from the Committee related to where parking
is permitted on residential properties.
Chair Hoag opened public comment.
Kevin Buchanan, Arroyo Grande Planning Commissioner, advocated for taller maximum heights
and larger unit sizes. He also wanted to ensure that the standards do not discourage SB 9
development.
Chair Hoag closed the public comment.
The Committee was not supportive of a one sizes fits all approach to the maximum units size
and felt that 1,200 square feet would be too restrictive for larger lots. The Committee suggested
using a sliding scale based on lot size to determine the maximum allowable unit size. The
Committee was in favor of a tiered approach to the maximum height limit depending on whether
the unit was located in the setback of the underlying setback for the district. The Committee was
not supportive of a prohibition of rooftop decks.
The Committee found the color and material standards proposed too restrictive and do not allow
for creativity. The Committee suggested revising the parking standards to specify that parking in
a driveway is allowed and adding a landscape buffer requirement to maintain aesthetics and
neighborhood character.
Moved by Bruce Berlin
Seconded by Kristin Juette
Recommendation to the Planning Commission to recommend adoption of the objective design
standards as revised by the ARC.
AYES (4): Jon Couch, Kristin Juette, Warren Hoag, and Bruce Berlin
ABSENT (1): Lori Mainini Hall
Passed (4 to 0)
9.DISCUSSION ITEMS
9.a Election of Chair and Vice Chair
Vice Chair Berlin nominated Chair Hoag to remain Chairperson for the next year. Committee
Member Juette made a motion, seconded by Vice Chair Berlin, to serve as Chairperson until the
first regular meeting in March 2023. The motion passed unanimously.
Chair Hoag nominated Vice Chair Berlin to remain Vice Chair for the next year. Chair Hoag
made a motion, seconded by Committee Member Juette, to serve as Vice Chair until the first
regular meeting in March 2023. The motion passed unanimously.
Page 60 of 86
ATTACHMENT 5
Section 16.20.180 Parcel Maps for Urban Lot Spits
A. Purpose and Scope
1. This Section implements Government Code section 66411.7 to provide an owner of
property in the Single Family zoning district an additional method to subdivide the parcel
for the purpose of housing development.
2. Urban lot split means the subdivision of an existing legal parcel in the Single Family
zoning district to create no more than two new parcels.
B. Application and Approval
1. A parcel map for an urban lot split may not be approved except in conjunction with a
concurrently submitted application for building permits for two-unit residential
development pursuant to Section 16.32.060. Development on the resulting parcels is
limited to the residential development approved in the concurrently submitted building
permit applications.
2. A parcel map for an urban lot split must be prepared by a registered civil engineer or
licensed land surveyor in accordance with Government Code sections 66444 – 66450
and this Section, and submitted for approval to the City Engineer. A fee in an amount
established by City Council resolution must be paid concurrently with the submission of
the parcel map.
3. The City Engineer is the approval authority for parcel maps under this Section. The City
Engineer shall approve a parcel map for an urban lot split if the Engineer determines that
it meets all of the requirements of this Section.
C. The following supplemental information is required to be submitted with a parcel map to
establish compliance with the construction plans and all provisions of this Code and applicable
State law:
1. A map of appropriate size and to scale showing all of the following:
a. Total area (in acreage and square feet) of each proposed lot.
b. Location and dimensions of existing and proposed property lines;
c. Zoning District;
d. The location and use of all existing and proposed structures;
e. All required zoning setbacks for the existing and proposed lots;
f. The location of all existing water, sewer, electricity, storm drain, or gas service lines,
pipes, systems, or easements;
g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;
h. The location of any proposed easements for access or public utilities to serve a lot
created by the subdivision;
Page 61 of 86
i. The location of any existing trees larger than four inches in diameter measured four
feet six inches above the base and any such trees proposed for removal;
j. Any area of the parcel that has a slope of 25% or greater by way of contours at 5-
foot intervals;
l. Name and dimensions, including right-of-way and improved area, of public and
private streets or public alleys adjoining the parcel;
m. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
n. Location of existing or proposed driveway dimensions, materials, and slope
(including cross slope); and
o. Location of existing or proposed pedestrian pathway access to the public right of
way.
2. A statement of the owner, signed under penalty of perjury under the laws of California,
that:
a. The proposed urban lot split would not require or authorize 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 Section 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code 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.
b. The parcel has not been established through prior exercise of an urban lot split under
this Section;
c. Neither the owner of the parcel being subdivided nor any person acting in concert
with the owner has previously subdivided an adjacent parcel under the provisions of
this Section.
d. The owner intends to occupy one of the housing units located on a lot created by the
parcel map as their principal residence for a minimum of three years from the date of
the recording of the parcel map.
e. Rental terms of any unit created by the subdivision shall not be less than 31
consecutive days, nor shall rental terms allow termination of the tenancy prior to the
expiration of at least one thirty-one (31) day period of occupancy by the same tenant.
Page 62 of 86
f. The uses allowed on a lot created by the parcel map shall be limited to residential
uses.
D. Design and Improvement Requirements
1. A parcel map may subdivide an existing legal parcel to create no more than two parcels
of approximately equal lot area. One parcel shall not be smaller than 40 percent of the
lot area of the original parcel proposed for subdivision and neither parcel shall be smaller
than 1,200 square feet.:
2. Each parcel must be served by a separate water service meter and a separate sewer
connection.
3. Each parcel shall either drain a developed drainage easement or in accordance with the
City’s Standard Specification and Engineering Standards.
4. Rights-of-way as required for access along all natural watercourses as necessary for
flood control, maintenance, and improvement shall be dedicated.
5. The parcel must satisfy the requirements of Government Code section 66411.7(a).
6. A lot line shall not bisect or be located within 4 feet of any of the following:
a. A dwelling that has been occupied by a tenant at any time during the three years
before the date of the parcel map;
b. A structure designated as a historic structure or a candidate structure under any City
ordinance or included on the State Historic Resources Inventory;
c. A dwelling 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.
d. Existing easements if the resulting lot would create a developable area that would
interfere with the use of the easement for its intended purpose.
7. The location and orientation of new lot lines shall meet the following standards:
a. Front lot lines shall conform to the minimum public street frontage requirements of
the Development Code; a flag lot, or a lot with a narrow projecting strip of land
extending along a street, is not permitted.
b. Each parcel shall have approximately equal lot width and lot depth, consistent with
the minimum lot sizes described in subsection D, above. Lot depth shall be
measured at the midpoint of the front lot line. Lot width shall be measured by a line
connecting two points on opposite interior lot lines that will result in a line parallel to
the front lot line.
c. New lot lines must be straight lines, unless there is a conflict with existing
improvements or the natural environment in which case the line may be not be
straight but shall follow the appropriate course.
d. Lot lines facing a street shall generally be parallel to the street. Unless the minimum
public street frontage is provided, the lot line dividing the two parcels must be parallel
Page 63 of 86
to and not less than 50 feet from an existing front lot line, or outside the front half of
the existing lot, whichever is greater.
e. Interior lot lines not facing the street shall be at right angles perpendicular to the
street on straight streets, or radial to the street on curved streets.
f. Lot lines shall be located within appropriate physical locations such as the top of
creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or
at locations which clearly separate existing and proposed land uses.
g. Lot lines shall be contiguous with existing zoning boundaries.
h. The placement of lot lines shall not result in an accessory building or accessory use
on a lot without a main building or primary use on the same lot, as defined in the
Development Code.
i. Lot lines shall not render an existing structure as nonconforming in any respect (e.g.,
setbacks, Floor Area Ratio, parking), nor increase the nonconformity of an existing
nonconforming structure.
E. Access Standards
1. Each lot shall front upon or have access to a public street, or be served by an access
easement serving no more than two lots. Access shall be provided in compliance with
these standards:
a. Vehicle access easements serving a maximum of two units shall meet the following
standards:
i. Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless
a wider driveway is required by the California Fire Code due to distance of the
structure from the easement, or as needed to meet the driveway and parking
standards in the City’s standards.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum
easement length shall be set. If easement length is more than 75 feet, a vehicle
turnaround shall be provided.
iii. No residential structure shall be closer than 3 feet to the easement.
b. Vehicle access easements serving three to four units shall meet the following
standards:
i. Easement width shall be a minimum of 20 feet.
ii. The minimum length for a vehicle access easement is 20 feet. No maximum
easement length shall be set. If easement length is more than 75 feet, a vehicle
turnaround shall be provided.
iii. No residential structure shall be closer than 5 feet to the easement.
c. Where a lot does not abut a public street, and where no automobile parking spaces
are required or proposed for the residential development, a vehicle access easement
Page 64 of 86
is not required. An easement providing pedestrian access to a street from each lot
shall be provided meeting the following standards:
i. Easement width shall be a minimum of five feet;
ii. Pedestrian access easements shall not exceed 200 feet in length.
2. Vehicle access easements shall not be located closer than 25 feet to an intersection.
3. Access and provisions for fire protection consistent with the California Fire Code shall be
provided for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and
turnaround dimensions shall meet the requirements of the California Fire Code, the
City’s Design Standards, and the parking design standards in the Development Code.
5. Lots taking access by an easement must record a shared maintenance agreement for
the driveway. The agreement shall be recorded prior to or concurrently with the final
map.
F. Map Requirements
1. The content and form of a parcel map shall meet all the requirements of Government
Code sections 66444 – 66450.
2. The parcel map shall show all easements for public utilities necessary to serve each lot
created by the subdivision.
3. The parcel map shall show all easements necessary to provide each lot with access to
the public or private street or alley abutting the original parcel.
4. The parcel map shall contain a declaration that:
a. Each lot created by the parcel map shall be used solely for residential dwellings;
b. That no more than two residential dwelling units may be permitted on each lot. As
used in this subsection residential dwelling unit includes a unit created pursuant to
Government Code section 65852.21, a primary dwelling unit, an accessory dwelling
unit as defined in Government Code section 65852.2, or a junior accessory dwelling
unit as defined in Government Code section 65852.22.
c. That rental of any dwelling unit on a lot created by the parcel map shall not be less
than 31 consecutive days, nor shall rental terms allow termination of the tenancy
prior to the expiration of at least one 31-day period occupancy by the same tenant.
G. Concurrent Processing With Other Ministerial Permits for Housing Development
1. No development, including grading or vegetation removal, shall commence on either lot,
concurrent or subsequent to an urban lot split, unless it is approved with a valid building
permit for the construction of a housing development and complies with all the objective
development and design standards outlined for two-unit residential development or
accessory dwelling units in this Code, or any other adopted objective design standards
in effect at the time a complete application is submitted.
Page 65 of 86
2. A building permit for development on an urban lot split cannot be issued until the parcel
map is recorded.
3. The City Engineer shall deny an urban lot split if the building official has made 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 of the Government Code, 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.
H. Prohibition of Further Subdivision
A lot created by a parcel map under this Section shall not be further subdivided.
Page 66 of 86
ATTACHMENT 6
Section 16.32.060 Two-Unit Residential Development
A. Purpose and Intent.
1. It is the intent of these regulations to provide opportunities for two units on one
legal parcel, consistent with state law and local regulations. In the event of an
inconsistency between this Section and Government Code Section 65852.21,
Government Code Section 65852.21 shall prevail. Provided that Government
Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit
residential development in the single family zoning districts shall be located,
developed, and used in compliance with this Section.
2. In accordance with Government Code Section 65852.21(a)(2), two-unit residential
development shall not be permitted under this Section in any of the following
circumstances:
a. Parcels located in:
i. Wetlands;
ii. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation;
iii. Very high fire severity zones, except if the site has adopted fire hazard
mitigation measures pursuant to existing building standards or state fire
mitigation measures applicable to the development;
iv. A hazardous waste site, unless the site has been cleared by the State for
residential use;
v. Delineated earthquake fault zones, unless the development complies with
applicable seismic protection building code standards;
vi. Special flood hazard areas (100-year flood zones), unless the site has been
subject to a FEMA Letter of Map Revision issued to the City or the site
meets FEMA requirement necessary to meet minimum flood plain
management criteria of the National Flood Insurance Program;
vii. A regulatory flood way identified in a FEMA map, unless the development
has received a no-rise certification;
viii. Lands identified for conservation in an adopted natural resource protection
plan, habitat for protected species, or under a conservation easement; and
Page 67 of 86
ix. A historic district or property designated pursuant to a local ordinance or
included on the State Historic Resources Inventory.
b. The proposed development would 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 moderate, low, or very low incomes;
ii. A unit that has been occupied by a tenant within the past three years; and
iii. A rent controlled unit.
c. The proposed development would result in the demolition of 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.
d. The building official finds that the proposed development would have a specific,
adverse impact on public health and safety or the physical environment that
cannot be feasibly mitigated or avoided, as defined and determined in
paragraph (2) of subdivision (d) of Government Code Section 65589.5.
B. Restrictions.
A qualifying two-unit residential project shall be subject to the following restrictions:
1. The development and use of the dwelling units shall only be valid and permitted
based on the terms established in the Section.
2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31)
consecutive days, nor shall rental terms allow termination of the tenancy prior to
the expiration of at least one thirty-one (31) day period of occupancy by the same
tenants.
C. Unit Configurations
The new unit in a two-residential unit development may be permitted in the following
configurations, provided that no more than two attached residential units are in any
one building on a lot. For the purpose of this section, “unit” means any dwelling unit,
including, but not limited to, two-unit residential development, additional residential
unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit.
1. One new unit incorporated entirely within an existing residential unit.
2. One new unit incorporated entirely within an existing accessory building, including
garages.
Page 68 of 86
3. One new unit attached to and increasing the size of an existing residential unit or
an existing accessory building.
4. One new unit detached from and located on the same lot as an existing unit. A unit
that is attached to another detached accessory building, but not another residential
unit, or is attached by a breezeway or porch, is considered detached.
5. Two newly constructed attached units (duplex) or two detached residential units
on a vacant lot.
6. A two-unit residential development in any of the configurations described above
may be added to a newly created lot concurrently with an approval for a parcel
map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for
Urban Lot Splits; however, the provisions of that Chapter shall not be used to
permit more than two units on a lot.
7. Up to two accessory dwelling units pursuant to AGMC Section 16.52.150,
Accessory Dwelling Units, may be proposed in addition to the two units constructed
pursuant to this Section on a lot that is not the result of an urban lot split.
D. Parking.
1. Pursuant to Government Code Section 65852.21(c), one off-street parking space
is required per dwelling unit, unless the parcel is located within one-half mile of 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 or there is a car share vehicle located within one block
of the parcel.
2. The location of the required parking space(s) shall not obstruct the required
parking of each Dwelling Unit.
3. The parking facilities shall comply with Section 16.56.070.
4. Required parking spaces for separate dwelling units shall not be provided in a
tandem configuration.
5. The required parking spaces must be covered.
E. Rear and Side Setbacks.
1. No setback shall be applied to existing structures or structures constructed in the
same location and to the same dimensions as an existing structure.
2. For projects not meeting the requirements of subsection 1 above, a minimum four-
foot setback shall be provided from side and rear lot lines.
F. Objective Zoning and Design Standards for Two-Unit Residential Developments.
Page 69 of 86
Government Code Section 65852.21 permits the imposition of objective zoning standards
and objective design standards, provided the standards do not physically preclude the
construction of up to two units of at least 800 square feet. Accordingly, the follow objective
standards shall apply to two-unit residential development projects:
1. Massing and Articulation
a. Maximum Unit Size: The total gross floor area of the unit(s), excluding
garages, shall not exceed the floor-area ratios maximums found in Section
16.32.050 of this Title.
b. Building Separation: detached dwelling units shall have a minimum of 10
feet of separation whether the units are on one lot or adjacent lots.
c. Height: The maximum height shall be 16-feet for any structure, or portions
thereof, located within the setback of the underlying zoning district.
Structures, or any portion thereof, located outside of the setbacks of the
underlying zoning district shall conform to the height requirements of that
district.
d. Rooftop decks shall be permitted in accordance with Section 16.48.180 of
this Title.
2. Colors and Materials
a. The primary cladding shall be stone, brick, fiber cement, composite wood
or stone, wood, stucco, or other cementitious material. Plywood, such as
T1-11 siding, is prohibited.
b. Color schemes shall consist of one primary color and at least one secondary
color, at a minimum. The roof color shall not be considered a color for
purposes of this standard.
3. Parking and Circulation
a. Parking shall not be located between a structure and a public sidewalk
within the front setback, with the exception of permitted driveways. When
parking areas are located in the front yard, outside of the front setback, a
landscape buffer of at least 10 feet between the sidewalk and parking area
shall be provided.
b. All parking areas serving more than one unit shall be internally connected
and shall use shared driveways.
4. Utility and Service Areas
a. All new dwelling units must connect to City utilities in accordance with
Section 13.12.060 of Title 13.
Page 70 of 86
b. Areas for the storage of trash, recycling, and green waste receptacles shall
not be visible from the public right of way.
c. All mechanical equipment shall be either screened or hidden from view from
the public street.
Ministerial Approval of Two-Unit Residential Development Projects.
1. The Community Development Director or his/her designee shall ministerially
review and approve a two-unit residential development application and shall not
require a public hearing, provided that the submitted application is complete and
demonstrates that the two-unit residential development project complies with the
requirements contained in this Title 16 and qualifies under Government Code
Section 65852.21(a).
2. In addition to obtaining planning approval for the two-unit residential development
project, the applicant shall be required to obtain a building permit, and other
applicable construction permit requirements prior to the construction of the
dwelling units.
Page 71 of 86
MEMORANDUM
TO: PLANNING COMMISSION
FROM: ANDREW PEREZ, ACTING PLANNING MANAGER
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 8.A – MAY 3, 2022 PLANNING COMMISSION MEETING
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 21-002 TO
IMPLEMENT SENATE BILL 9; LOCATION – CITYWIDE
DATE: MAY 3, 2022
Attached are public comment letters received for the above referenced item after the
publication of the agenda.
cc: Community Development Director
City Website
Page 72 of 86
From:erin foote
To:pc publiccomment
Subject:City Municipal Codes and SB 9
Date:Monday, May 2, 2022 4:56:03 PM
Esteemed Council,
AG is where my parents live, but it's not a place I can afford to call home. "Missing
Middle" homes, like duplexes and ADUs, would allow young families like mine to find
a home in AG. Diverse housing is critical to the City Council's goals of diversity and
economic stability. Please tell all city staff, council, and advisory committees to
support more housing in Arroyo Grande!
Many thanks for your consideration,
Erin Foote
San Luis Obispo renter
Page 73 of 86
From:public comment
To:Andrew Perez; Patrick Holub; Brian Pedrotti
Subject:FW: Public Comment for 2022-05-03 Arroyo Grande Planning Commission on SB9 draft ordinance
Date:Tuesday, May 3, 2022 4:28:40 PM
Attachments:emaillogo_190eb98f-3dbf-4ac8-a0d6-5f778ed0ba4d1111111111111111111111111111111111111.png
Importance:High
public comment
Public Comment
Public Comment
Tel: 805-473-5400 | www.arroyogrande.org
300 E Branch St | Arroyo Grande | CA | 93420
City Hall Business Hours: M-Th 8:00 am - 5:00 pm; Closed Fridays
The information contained in this email pertains to City business and is intended solely for the use of the individual
or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or
agent responsible for delivering the message to the intended recipient and you have received this message in
error, please advise the sender by reply email or phone and delete the message. Please note that email
correspondence with the City of Arroyo Grande, along with attachments, may be subject to the California Public
Records Act, and therefore may be subject to disclosure unless otherwise exempt by law.
From: RL Mann <ms.rachel.mann@gmail.com>
Sent: Tuesday, May 3, 2022 1:20 PM
To: public comment <publiccomment@arroyogrande.org>
Subject: Public Comment for 2022-05-03 Arroyo Grande Planning Commission on SB9 draft
ordinance
Dear Commissioners,
My name is Rachel Mann and I live in Grover Beach. I'm writing today because
the choices Arroyo Grande makes about what kinds of housing is allowed impacts
the entire region. I also spend a lot of time with my friend Alice on upper Hillcrest
Dr.
At least two of those large detached homes on Residential Suburban zoned
parcels on Hillcrest Dr. have been sitting dusty and vacant for months. Both are
owned by very elderly gentlemen. One died alone in his home, but was not
discovered for several days. Another was found, injured but alive, on the concrete
driveway next to his car by passing neighbors. (He has since been moved to
nursing care.)
Large, detached single-unit homes with big yards are good for some folks in
certain stages of their lives. However, even the most able-bodied among us will
Page 74 of 86
likely find someday that a smaller, less maintenance-intensive home would be
more suitable. Gentle increases in density, like allowing duplexes, will allow more,
younger neighbors to live in every neighborhood to help their elders.
SB9 is a tool to help homeowners make inter-generational neighborhoods more
possible. That is the neighborhood character we should be most concerned about
protecting.
I am thankful to the staff and ARC members for greatly improving this SB9
ordinance over the past weeks. I urge the Planning Commission to review the
technical details with wisdom and care.
Sincerely,
Rachel Mann
Grover Beach
Page 75 of 86
From:Deirdre Rogers
To:pc publiccomment
Subject:Housing in AG
Date:Monday, May 2, 2022 3:35:52 PM
Hi
I'm writing to encourage the committee to ensure we have affordable housing in order to
preserve our community. Middle and low income housing allows those already in our
community to afford to stay, gives a path to home ownership for middle income families.
It's critical that we allow for homes like duplexes and townhouses as they are also energy
efficient and condensed housing is climate friendly, especially when it's close to downtown
and shopping. Please allow these housing options.
Deirdre Rogers
AG resident
Page 76 of 86
MEMORANDUM
TO: Planning Commission
FROM: Andrew Perez, Acting Planning Manager
SUBJECT: Election of Chairperson and Vice Chairperson
DATE: May 3, 2022
SUMMARY OF ACTION:
Annual appointment of a Chairperson and Vice Chairperson to serve for the next one-
year period.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission elect a Chairperson and a Vice
Chairperson to serve effective the second meeting May 2022, and continuing until its
second regular meeting in March 2023.
BACKGROUND:
City Council Resolution No. 09-2077 established by-laws that govern the Planning
Commission organization and the conduct of its meetings. The by-laws state that at the
second regular meeting in March, the members of the Planning Commission shall elect a
Chairperson and Vice Chairperson, who shall hold office for one (1) year. The
Chairperson and Vice Chairperson shall carry ou t the duties for those positions as
described in the by-laws (Attachment 1).
For the Commission’s reference, an election protocol is outlined below. This is a
suggested procedure and the Commission can vary from it in whatever manner is deemed
appropriate, with the goal of having an orderly process to select the Chairperson and Vice
Chairperson.
1. The Presiding Officer shall conduct the election of Commission Officers.
2. Call to select all nominations for Chairperson (no second necessary). Presiding
Officer to repeat each nomination as it is made.
3. Call for motion to close nominations.
Page 77 of 86
Planning Commission
Election of Chairperson and Vice Chairperson
May 3, 2022
Page 2
4. The Commission will vote, beginning with the first nominee, until a nominee
receives a majority of votes and a Chairperson is selected.
5. Call to select all nominations for Vice Chairperson (no second necessary).
Presiding Officer to repeat each nomination as it is made.
6. Call for motion to close nominations.
The Commission will vote, beginning with the first nominee, until a nominee receives a
majority of votes and a Vice Chairperson is selected
ADVANTAGES:
The current process provides an orderly and fair procedure for electing a Chair person
and Vice Chairperson.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Resolution 09-2077 - Planning Commission by-laws
Page 78 of 86
I
I
I
RESOLUTION NO. 09-2077
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION AMENDING THE BY-LAWS
SECTION I
WHEREAS. the City Council of the City of Arroyo Grande, pursuant to Sections 65000
through 65906 of the Government Code, appointed the Planning Commission and
provided the powers and duties as outlined in Title 9, Chapter 1, Section 110 of the
Municipal Code; and
SECTION II
NOW, THEREFORE, the Planning Commission of the City of Arroyo Grande resolves
that the following amended By-laws are hereby adopted, governing the organization of
the Planning Commission and the conduct of Planning Commission meetings:
A.
B.
BY-LAWS
Attendance of Members:
Absence from three (3) consecutive regular meetings or 25% of the regular
meetings during any one-year period, without formal consent of the City Council
may be deemed to constitute the resignation of such member and the position
declared vacant.
Officers:
1. Selection
a. At its second regular meeting in March the members of the Planning
Commission (hereinafter the "Commission") shall elect a Chair and a
Vice-chair, who shall hold office for one year. Their duties shall be
such as are usually carried out by such officers.
2. Duties
a. Chair
The Chair shall:
1)
2)
3)
4)
Preside at all meetings;
Call special meetings except as provided in C.2.a.;
Appoint persons to all committees subject to confirmation by
the Commission;
Execute documents on behalf of the Commission;
Revised 02-03-09 1 of 7
ATTACHMENT 1
Item 9.b - Page 3Page 79 of 86
RESOLUTION 09-2077
PLANNING COMMISSION BY-LAWS
PAGE2
5) Ensure that all Commission business is conducted in
accordance with law;
6) Assist staff in determining agenda items: and
7) Perform such other duties as are assigned by the
Commission.
b. Vice-Chair
The Vice-Chair shall:
1) Preside at meetings in the absence of the Chair; and
2) Perform such other duties as are assigned by the Chair or
Commission.
c. Secretary to the Commission
The Secretary to the Commission shall:
1) Keep permanent and complete records of the proceedings of
the Commission;
2)
3)
Join with the Chair in executing all instruments of writing
requiring formal execution on the part of the Commission:
Post Commission agendas in the manner required by law.
d. Secretary to the Commission
C. Meetings:
The Secretary to the Commission may be designated by the
Community Development Director to fulfill such duties as assigned
by the Commission.
1. Regular Meetings
a. The regular meetings of the Commission shall be held on the first
and third Tuesday of each month at 6:00 p.m. in the City Council
Chambers, Arroyo Grande, California.
b. A motion will be required to continue discussion of agenda items
after 10:00 p.m.
2. Special Meetings
a.
Revised 02-03-09
A special meeting may be called by the Chair or by the Secretary to
the Commission at the written request of at least three members;
provided that written notice of such special meeting so called shall
be received by each member of the Commission at least 24 hours in
advance of the time fixed for the meeting, and which notice shall
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b.
contain the time, the place, and shall set out the business to be
transacted. Notice may be dispensed with by written waiver of each
member.
The Secretary of the Commission shall notify the public and the
press of all special meetings of the Commission, pursuant to the
Brown Act.
3. Adjournment
The Commission may at any meeting adjourn over to the next regular
meeting by a majority vote, or, may recess to a stated time, date and place
for continuance of the meeting.
The Commission may, by Resolution, amend these By-laws and designate
a different day, time or place on which to hold regular meetings; notice of
such change of regular meetings must be posted on the door of the present
hearing place and given to each local newspaper of general circulation,
radio or television station requesting written notice at least 5 days prior to
the next meeting.
D. Quorum:
1. Three members of the Commission shall constitute a quorum for the
transaction of Commission business.
2. Should there not be a quorum present, the members present may adjourn
to a later date, or adjourn to a Workshop/Study Session.
3. In the absence of both the Chair and Vice-Chair at any meeting, but a
quorum existing, a chair shall be selected Pro Tern by the Commissioners
present and the business transacted as though the regular officers were
present.
4. If an item is continued for more than two consecutive Commission meetings
due to a lack of a quorum, it may be referred to the City Council by the
Chair.
E. Committees:
F.
1. Special committees for particular purposes may be created by the presiding
officer with consent of the Commission.
Voting:
1. The Chair of the Commission, or presiding officer if another Commissioner
presides, shall be entitled to vote with the other Commissioners in the
transaction of any business and in all matters coming before the Commission.
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2. Commission action for adoption or amendment to the General Plan,
Development Code, Specific Plan, and Planned Development (PD)
Ordinance projects shall require the affirmative vote of at least three
members.
3. The affirmative vote of a majority of the Commission present shall be
required for the approval of all other Commission business.
4. One member may demand a roll call of the ayes and noes on any question.
5. When a member of the Commission abstains from voting on any matter
before it because of a potential conflict of interest, said abstention shall not
constitute nor be considered as either a vote in favor of or opposition to the
matter being considered.
6. The order of voting shall be that the motion maker shall vote first, the
Commissioner seconding the motion shall vote second, the remaining
Commissioners alphabetical with the Chair always voting last.
7. The minutes of the Commission's proceeding shall show the vote of each
member for roll call votes, including if they were absent or abstained to vote
on a matter considered.
8. A member shall disqualify himself/herself from voting in accordance with the
Conflict of Interest Law. When a person disqualifies himself/herself, he/she
shall state prior to the consideration of such matter by the Commission that
he/she is disqualifying himself/herself due to a possible conflict of interest,
state the general nature of the conflict of interest, and shall then leave the
voting area.
G. Minutes:
All motions. orders, and resolutions, and such other matters as the Commission
orders shall be entered into the minutes.
H. Conduct of Meetings:
All business of the Commission shall be conducted according to "Robert's Rules of
Order."
I. Resolutions:
J.
Resolutions shall be numbered consecutively and must be signed by the Chair and
Secretary to the Commission and shall be kept in a resolution file, and may be
referred to by number.
Order of Meetings:
1. Unless the Chair directs, the order of business shall be as follows:
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a. The Chair shall take the chair precisely at the time appointed for the
meeting and shall immediately call the Commission to order.
b. Members present and absent shall be recorded.
c. The minutes of any preceding meeting shall be submitted for
approval.
d. Any member of the audience may comment on any matter that is not
listed on the agenda. A time limit of 3 minutes may be imposed on
each individual speaker if the Chair so directs.
e. The public shall be advised of the procedures to be followed in the
meeting.
f. The Commission shall then hear and act upon those items outlined
on the agenda.
g. Agenda Item for Approved Minor Use Permits: All approved Minor
Use Permits listed on the Agenda for Commission and Public
Information shall be subject to a 10-day appeal period.
h. Planning Commission/Community Development Director Comments
and Items.
i. Adjournment
K. Presentation or Hearing of Proposals:
The following shall be the order of procedure for public hearings or other proposals
concerning City matters, unless the Chair in his/her discretion shall otherwise
direct
1. The Chair shall announce the item listed on the agenda.
2. If a request is made for continuance, a motion may be made and voted
upon to continue the item to a definite time and date, or continue
indefinitely. If a previously advertised public hearing item is continued
indefinitely, the item must be legally re-advertised.
3. The staff shall be asked to present the substance of the agenda item, staff
report, recommendation, and answer technical questions of the
Commission.
4. Order of Testimony:
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a. Applicant's statement
b. Statements from the public
c. If determined by the Chair to be necessary, a rebuttal from the
applicant
d. Public hearing closed
e. The Commission shall then deliberate and either take action on the
matter or continue the matter to another date and time certain, or
indefinitely.
L. Rules of Testimony:
1. Persons presenting testimony to the Commission are requested to give their
name and address for the record. They may also be requested to
voluntarily sign the attendance sheet.
2. If there are numerous people in the audience who wish to participate on an
issue, and it is known that all represent the same opinion, a spokesperson
should be selected to speak for the entire group. The spokesperson will
have the opportunity of speaking for a reasonable length of time and of
presenting a complete case.
3. To avoid unnecessary cumulative evidence, the Chair may limit the
individual and/or total amount of time allocated for public testimony on a
particular issue.
4. Irrelevant and off-the-subject comments will be ruled out of order.
5. The Chair will not permit personal remarks regarding the staff or individual
Commissioners during a public hearing. Complaints should be submitted in
writing or presented verbally as a separate item on the agenda.
6. No person shall address the Commission without first securing the
permission of the Chair to do so.
M. Review and Amendments Procedure:
1. These By-laws may be reviewed at the second meeting in July of each year
by a subcommittee with members appointed by the Chair with the consent
of the Commission. The review subcommittee shall present their
recommendation for amending or not amending these Rules to the
Commission.
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2. In addition, the By-laws may be amended at any meeting of the Planning
Commission by a majority (3 affirmative votes) of the Commission provided
that notice of the proposed amendment is received by each Commissioner
not less than five (5) days prior to said meeting.
BE IT FURTHER RESOLVED that the Community Development Director shall furnish
copies of this Resolution to the Planning Commission and copies of these By-laws shall
be available for public inspection at City Hall.
On motion by Commissioner Keen, seconded by Commissioner Ruth, and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
Commissioners Keen, Ruth and Chair Ray
Commissioners Barneich and Brown
None
the foregoing Resolution was passed and adopted this 3rd day of February 2009 and
becomes effective immediately.
LYN REARDON-SMITH
SECRETARY TO THE COMMISSION
AS TO CONTENT:
ROB STRONG --
COMMUNITY DEVEL
Revised 02-03-09
ENT DIRECTOR
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