Article 8 STANDARDS FOR QUALIFIED SB 9 DEVELOPMENT

The purpose of this article is to establish objective standards and regulations to govern the development of qualified subdivisions and development on residentially zoned properties as allowed under Government Code Section 65852.21(j) and exempted from the California Environmental Quality Act by Government Code Section 65852.21(j). The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill No. 9, Statutes of 2021, Chapter 162, (2021) (“SB 9”) projects while ensuring that the new units are consistent with the character of the City, and do not create any significant impacts with regard to public infrastructure or public safety. The regulations are established to implement the requirements under California Government Code Section 65852.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.020 Definitions.

For purposes of this article, the following definitions apply:

“Accessory dwelling unit” or “ADU” shall have the same meaning as specified in SPMC 36.700.020.

“Conservation easement” means restrictive covenants that run with the land and bind upon successive owners that protect against future development such as preservation of open space, scenic, riparian, historical, agricultural, forested, or similar conditions. Open space and riparian easements are included in this definition.

“Dwelling unit” includes an ADU, JADU, a primary dwelling unit, and an SB 9 dwelling unit and is consistent with SPMC 36.700.020.

“Existing dwelling unit” means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50 percent of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50 percent of the exterior wall framing has been removed is considered a new dwelling for purposes of this article.

“Flag lot” shall have the same meaning as specified in SPMC 36.700.020.

“Junior accessory dwelling unit” or “JADU” shall have the same meaning as specified in SPMC 36.350.200.

“Panhandle” means the narrow strip of land on a flag lot, typically less than 30 feet in width, that provides access to a public or private road.

“Primary dwelling unit” means a single-family residence on the parcel and is the larger of the two if there is an existing accessory dwelling unit on the parcel.

“Private road” means a road, way, or street in private ownership and under private maintenance, not offered for dedication as a public road, way, place, or street, which affords the principal means of access to three or more lots or parcels which do not have frontage on a public street.

“SB 9 dwelling unit” or “SB 9 unit” means a dwelling unit that is developed using the provisions in this article and the provisions identified in California Government Code Section 65852.21.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.025 Allowed Development.¹

A. SB 9 dwelling units may be constructed within the RS (Residential Single-Family) and RE (Residential Estate) zoning districts only. Parcels in the RM, RH, CS, CO, BP, CF, OS, MSSP, and HFSP zoning districts are not eligible for use of this article.

B. SB 9 dwelling units shall be approved upon review by the City of compliance of such proposed development with the standards and requirements under Government Code Section 65852.21, this article, and the South Pasadena Municipal Code.

C. The objective standards and regulations herein apply to all dwellings on a parcel and development under the provisions of this article and SB 9 on a parcel that is not being subdivided under SB 9 as part of the same application or has already been subdivided under SB 9, including zoning clearances for primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary dwelling.

D. The following development is permitted on a parcel not utilizing an urban lot split (maximum dwelling unit count of two):

1. A primary dwelling unit and an SB 9 unit; or

2. Two SB 9 units; or

3. A primary dwelling unit and an ADU; or

4. A primary dwelling unit and a JADU.

E. Pursuant to Government Code Section 65852.21(f), and notwithstanding Government Code Section 65852.2 or 65852.22, an accessory dwelling unit or a junior accessory dwelling unit shall not be permitted on parcels that use both the authority contained within this article and Article 9 relating to the authority pursuant to Government Code Section 66411.7 allowing urban lot splits.

F. Maximum square footage. The maximum floor area permitted for each SB 9 unit shall be 850 square feet. The combined maximum new floor area on the parcel, inclusive of both units, shall be 1,700 square feet. If there is an existing dwelling unit on the parcel, then the floor area of the existing residence cannot be increased under this article, and any added SB 9 dwelling unit shall not exceed 850 square feet. Basements and bunkers are not permitted.

G. Notwithstanding anything in this division, standards herein that physically preclude up to two SB 9 dwelling units from being at least 800 square feet in floor area shall be waived to the minimal extent to allow construction of two units of up to 800 square feet each.

H. The proposed housing development may not result in the demolition of more than 25 percent of the exterior walls of an existing structure.

I. The proposed housing development may not take place on a parcel requiring demolition of a housing unit that has been occupied by a tenant within the three years prior to application.

J. Rental terms longer than 30 days shall be prohibited for all dwelling units.

K. The proposed housing development may not take place on a parcel within a historic district, or is 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.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.030 Fire Standards.

A. The following objective fire standards and regulations apply to all new development on a parcel developed under the provisions of this article:

1. All new dwelling units are required to comply with Chapter 14 SPMC (Fire Prevention).

2. For the purpose of deploying industry-standard hose packs, all dwelling units must be located within 250 feet of the public right-of-way of a dry standpipe installed on the property with approval of the Fire Chief.

3. Where two SB 9 dwelling units are configured as sharing a common wall, a one-hour fire wall between the units is required.

4. All new dwelling units are required to have fire sprinklers.

5. All new dwelling units are required to use fire-resistant building materials.

6. New or modified detached dwelling units shall be separated from any other dwelling unit or building by 10 feet to prevent the spread of fire.

7. A hillside development permit may be required consistent with Division 36.340. Compliance with Chapter 9 SPMC (Buildings) is required.

8. Compliance with all other provisions of the South Pasadena Municipal Code not in conflict with the provisions of this article is required.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.040 Water and Sewer Standards.

All newly created dwelling units shall be connected to public sewer and water utilities. All dwelling units except JADU units shall have separate water utility metered connections. All other requirements relating to water (Chapter 35 SPMC) and sewer (Chapter 30 SPMC) shall be applicable.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.050 Parking and Driveway Standards.

A. Parking and driveway standards for all new dwellings developed under the provisions of this article and SB 9 shall comply with the following:

1. One covered off-street parking space is required for each new dwelling unit. The parking space shall be covered and the space shall be a dimension of at least 10 feet wide by 20 feet deep. All parking required for an existing primary dwelling on the parcel shall be retained.

2. If a new dwelling unit is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if there is a car share vehicle located within one block of the parcel, then off-street parking required pursuant to subsection (A)(1) of this section shall not be required.

B. In order to allow Fire Department access, no structure shall be closer than three feet to the driveway or access easement, except where such driveway or access easement enters a garage or carport.

C. Driveway access to all new units shall be compliant with City standard details and specifications for driveways and turnarounds.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.060 Height Limit Standards.

The maximum height of all new SB 9 dwelling units shall not exceed the maximum height limits of SPMC 36.350.200. If there is an existing primary dwelling on the parcel, then the maximum height of the existing residence cannot be increased under this article.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.070 Setback Standards.

A. The following objective setback standards and regulations apply to all new development on a parcel, including zoning clearances for primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached to the primary dwelling, that are developed under the provisions of this article and SB 9 on a parcel that is not being subdivided under SB 9 as part of this application or has already been subdivided under SB 9:

1. SB 9 dwelling units shall comply with the applicable front yard, side yard, and rear yard setback requirements for the district in which it is located; maximum side and rear yard setbacks shall be four feet.

2. No additional setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.

3. All portions of the SB 9 dwelling unit, including eave overhangs and other projections, shall meet the required setbacks as set forth in this article.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.080 Building and Design Standards.

1. For a detached unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2. For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.

3. No roof decks are permitted on SB 9 dwelling units.

4. All electrical and utility services to a new dwelling unit shall be undergrounded.

B. Structures shall not be located in the following locations:

1. In areas encumbered by a recorded easement, including, but not limited to, public utility easements, conservation easements, access easements, pedestrian pathway easements and open space easements;

2. In areas within 25 feet of the top of a creek bank;

3. Areas with slopes greater than 15 percent.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.090 Tree Protection Standards.

Development of dwelling units under SB 9 must comply with Chapter 34 SPMC (Trees and Shrubs).

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.100 Denial.

A proposed housing development project may be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon 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.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.110 Fees.

The City Council may establish and set by resolution all fees and charges, consistent with applicable law, as may be necessary to effectuate the purpose of this article.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

36.800.120 Permit review process.

A. All applications for new development using the standards within this division shall be ministerially approved without public hearings or discretionary review.

B. Notwithstanding the above, the Director may deny a proposed housing development under SB 9 if they determine that the proposed project will have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(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.

(Ord. No. 2361 § 4 (Exh. A), 2021.)

Code reviser’s note: Ord. 2361 adds this section as 2.36.800.020. It has been editorially renumbered to prevent duplication of numbering.