Article 9 URBAN LOT SPLITS (SB 9 SUBDIVISIONS)

The purpose of this article is to establish objective standards and regulations to govern the development of qualified development on residentially zoned properties as allowed under Government Code Section 66411.7(n) and exempted from the California Environmental Quality Act by Government Code Section 66411.7(n). 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 66411.7. If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.020 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 66411.7.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.030 Eligibility of Properties for a Subdivision.

A. The following parcels are eligible for subdivision under this article:

1. Only parcels located in the following districts are eligible for subdivision: RE and RS pursuant to SPMC 36.200.020 (residentially zoned districts). Pursuant to Government Code Section 66411.7(a)(3)(A) only parcels located within single-family residential zones are eligible for urban lot split subdivision. Parcels in the RM, RH, CS, CO, BP, CF, OS, MSSP, and HFSP zoning districts are not eligible for use of this article.

2. Any parcel that was not established through a prior exercise of a subdivision as provided for in this article.

3. All resulting parcels will be used for residential use.

4. Any parcel proposing to be subdivided that is not adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this article. For the purposes of this article, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.

B. The following parcels are not eligible for subdivision under this article:

1. Any parcel within a historic district, or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or 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. Lot lines shall not bisect or be within four feet of a structure designated as a historic structure, or a contributing structure, or a candidate structure under any City ordinance or resolution or included on the State Historic Resources Inventory.

2. Any parcel where the subdivision would require the 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. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

d. Housing that has been occupied by a tenant in the last three years.

3. Any parcel encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

4. Any parcel that is designated 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, or land zoned or designated for agricultural protection or preservation by a local ballot measure.

5. Any parcel containing wetlands that would prevent the development of the parcel.

6. Any parcel within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the City of South Pasadena pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.

7. Any parcel with a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

8. Any parcel within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. However, a subdivision and/or development project may be located on a parcel described in this subsection if (a) the parcel is otherwise eligible for approval under the provisions of this article and (b) the project applicant is able to satisfy all applicable Federal qualifying criteria demonstrating either of the following are met:

a. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City.

b. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

9. Any parcel within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the subdivision and/or development project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

10. Any parcel containing habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

11. Residential use parcels in zones other than those stated herein.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.040 Lot Line Standards.

The following objective lot line standards and regulations apply to all subdivisions under this article and permissible with SB 9:

A. A parcel map and a subdivision application shall be submitted to the City for all proposed subdivisions and a zone clearance pursuant to Division 36.500.

B. The subdivision may only subdivide one existing parcel and shall create no more than two new parcels of approximately equal area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square feet in area.

C. All lot lines shall be contiguous to existing zoning boundaries.

D. The subdivision shall not result in a new parcel with an average width that is less than the average width of the original parcel.

E. If the parcel is fully developed with the number of units permitted under SB 9, then the applicant or property owner shall record a deed restriction in a form approved by the City Attorney’s Office stipulating that no further development of the parcel is permitted.

F. No dwelling unit on such new parcels shall be rented for a period of less than 30 days and cannot be occupied as a short-term rental unit.

G. Any development constructed in accordance with this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

H. Separate utility meters shall be provided for each parcel prior to recordation.

I. Upon receipt of a subdivision application using the provisions of this article, the City shall notify all owners and occupants within a 300-foot radius from the subject parcel that a parcel map has been filed with the City, at the applicant’s expense.

J. A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney’s Office shall be applied to all parcels resulting from the approval of a subdivision under this article indicating that each parcel was created using the provisions of this article and that no further subdivision of the parcels is permitted.

K. Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant intends to reside in one of the proposed or existing primary dwelling units or SB 9 units for three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 214.15 and 402.1 of the Revenue and Taxation Code.

L. Compliance with Chapter 14 SPMC (Fire Prevention).

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

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.050 Flag Lot Standards.

The following objective standards and regulations apply to all subdivisions of flag lots under this article and permissible with SB 9:

A. Any panhandle on a flag lot shall not be used to calculate the average width. However, this requirement shall be waived if the subdivision applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of SPMC 36.900.040(B).

B. Easements for access and public and private utilities shall be provided for any newly created parcel that does not front on a public or private street.

C. The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public or private road that serves the parcel.

D. An interior lot with no front lot lines is allowed as long as it is served by an access easement from a public street that serves no more than two parcels and:

1. The line separating the two parcels is parallel to and not less than 50 feet from an existing front lot line; or

2. Outside the front half of the existing lot, whichever is greater; and

3. Each parcel has approximately equal lot width and lot depth.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.060 Lot Standards.

The following objective lot size standards and regulations apply to all development on a parcel that has been subdivided or concurrently subdivided under the provisions of this article and SB 9:

A. The following development is permitted on each of the two resulting parcels (maximum dwelling unit count of two per parcel):

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.

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

C. Notwithstanding anything in this division, any development or design standards that physically preclude the development of two SB 9 dwelling units from being 800 square feet in floor area shall be waived.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.070 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.

8. Compliance with Chapter 9 SPMC (Buildings).

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

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.080 Water and Sewer Standards.

All newly created parcels 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) and sewer (Chapter 30) shall be applicable.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.090 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 SPMC 36.800.050(A)(1) 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.

D. All parcels created pursuant to this article and Government Code Section 66411.7 shall have access to, provide access to, or adjoin the improved public right-of-way.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.100 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 by virtue of use of this article.

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.110 Setback Standards.

The following objective setback standards and regulations apply to all zoning clearances for development on a parcel that has been subdivided or concurrently subdivided under the provisions of this article and SB 9:

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

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

C. 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. B), 2021.)

36.900.120 Building and Design Standards.

A. Applicant shall file an affidavit stating their intent to occupy one of the housing units to be placed on one of the parcels as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

B. The following objective design standards and regulations apply to all zoning clearances for development on a parcel that has been subdivided or concurrently subdivided under the provisions of this article and SB 9. The design of the dwelling unit shall be as follows:

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.

C. 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. B), 2021.)

36.900.130 Tree Protection Standards.

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

(Ord. No. 2361 § 4 (Exh. B), 2021.)

36.900.140 Denial.

A proposed urban lot split 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. B), 2021.)

36.900.150 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. B), 2021.)

36.900.160 Permit Review Process.

A. All applications for lot splits and 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. B), 2021.)