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AGENDA
ITEM NO. 1
DATE: January 14, 2025
 

PLANNING DEPARTMENT STAFF REPORT

SUBJECT

CONSIDERATION OF PLANNING COMMISSION INITIATION OF CODE AMENDMENT NO. 25-01 

BACKGROUND

On September 16, 2021, Governor Gavin Newsom signed Senate Bill 9 (SB 9) which took effect on January 1, 2022. Some have characterized the bill as “the end of single-family zoning.”  

SB 9 mandates cities to allow the following development on Single-Family Residential (R-1) zoned lots:
  • Subdivision of R-1 lots to create two separate lots; the subdivision may be as small as 1,200 square feet per lot with each lot being approximately equal in size and each parcel not being smaller than 40-percent of the area of the original lot (Urban Lot Split).
  • Cities must allow the development of at least an 800-square foot unit on each lot with 4-foot minimum side and rear setbacks (no setback is required if the structure is existing and being converted into a unit). 
  • Cities must allow the construction of at least two units per R-1 lot (including accessory dwelling units and junior accessory dwelling units).
  • Cities must require applicants for an urban lot split to sign an affidavit requiring the applicant to reside on the site within one of the units for at least three years following the approval of the Urban Lot Split.   
  • Cities may adopt objective design standards.
In September 2024, the California Department of Housing and Community Development (HCD) released an SB-9 Fact Sheet/Guidelines (Attachment No. 2) which clarified their interpretation of the law. The following items clarified in the SB-9 Fact Sheet have changed/impacted the way the City is reviewing applications for SB-9 projects:
  • Urban Lot Splits (SB-9 subdivisions) are not a requirement/mandatory for urban dwelling unit (SB-9 unit) construction.
  • Cities/municipalities are required to allow the construction of two primary residential units (i.e. existing single-family residence house plus urban dwelling unit, or two SB-9 units) and one accessory dwelling unit for each primary unit for a total of four residential units per lot (see example diagram below).




The Development Code Update Clean Up Draft Ordinance that was reviewed by the Planning Commission in December 2024 and is scheduled to be reviewed by the City Council on January 21, 2025 addresses these clarifications made in the latest SB-9 Fact Sheet. 

On December 7, 2021, the City Council adopted Ordinance No. 2493, which adopted standards to make the West Covina Municipal Code consistent with the State's SB 9 law. 

On September 19, 2024, Governor Newsom signed SB 450 (effective January 1, 2025) which amended Government Code sections 65852.21 and 66411.7 to clarify the State’s vision for SB-9 and to impose additional mandates on municipalities with regard to development in single-family residential zones.

SB 450 made the following changes to SB 9:
  • The previous law contained confusing language which prohibited the ministerial approval of a two-unit development if it would demolish 25 percent of the existing exterior structural walls when certain conditions exist. That language has been removed.
  • The two-unit development or urban lot split was also not allowed if the project was located in one of the areas enumerated in § 65913.4(a)(6)(B-K) (high fire area, prime farmland, etc.). While that still applies, both sections have been amended to clarify that it is the language in § 65913.4(a)(6)(B-K) as it read on September 16, 2021 (the date SB 9 was originally adopted). 
  • SB 9 allowed cities to impose objective zoning standards, objective subdivision standards, and objective design review standards on a housing development that do not conflict with the provisions of § 65852.21. SB 450 clarified this provision by adding a new subsection which provides that the objective standards may not be applied unless they are uniformly applied to development within the underlying zone.
  • Previous law allowed a building official to deny an SB 9 project for both the housing development and lot split based on specific written findings that the project will have specific, adverse impact upon public health and safety or the physical environment. SB 450 has removed “physical environment” as a basis for denial under both sections.
  • SB 450 has added time frames for approval of the two-unit development and urban lot split. Upon receipt of a completed application, a city has 60 days in which to approve or deny the application. Failure to act within the 60 days will result in an approval. If the city is going to deny the project (within 60 days) the city must return in writing a full set of comments with a list of items that are defective or deficient and a description of how they can be remedied by the applicant.

DISCUSSION

Following initiation of the code amendment, staff will work with the City Attorney's office to prepare a draft ordinance and schedule a Planning Commission public hearing during which the Commission will make a formal recommendation to the City Council.

ENVIRONMENTAL DETERMINATION

The proposed code amendment initiation is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment to the sign section of the Municipal Code, which does not have the potential for causing a significant effect on the environment.

LEGAL REVIEW:

Staff is recommending that the Planning Commission adopt Resolution No. 25-5167 and provide staff direction on the content of the code amendment. 


 
Submitted by:
Jo-Anne Burns, Deputy Community Development Director

Attachments