372-U_SB9_UrgencyOrdinance_ExecutedURGENCY ORDINANCE NO. 372-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROLLING IDLLS ADDING CHAPTERS 16.50
(SB 9 URBAN LOT SPLITS) AND 17.45 (SB 9 TWO-UNIT
PROJECTS) TO THE ROLLING HILLS MUNICIPAL
CODE; AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA
RECITALS
A. The City of Rolling Hills, California ("City") is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
B. In 2021, the California Legislature approved, and the Governor signed into law,
Senate Bill 9 ("SB 9"), which among other things, adds Government Code section 65852.21 and
66411. 7 to impose new limits on local authority to regulate urban lot splits and two-unit projects;
and
C. SB 9 allows local agencies to adopt objective design, development, and subdivision
standards for urban lot splits and two-unit projects and, among other things, exempts property
located in the Very High Fire Hazard Severity Zone unless the site complies with fire-safety
mitigation measures; and
D. SB 9 takes effect on January 1, 2022, and preempts any conflicting city ordinance;
and
E. The City desires to amend its local regulatory scheme to comply with Government
Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
F. There is a current and immediate threat to the public health, safety, and welfare
based on the passage of SB 9 because if the City does not adopt appropriate objective standards
for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would
thereafter be limited to applying the few objective standards that already exist in its code, which
did not anticipate and were not enacted with ministerial urban lot splits and two-unit projects in
mind; and
G. The approval of urban lot splits and two-unit projects based solely on the City's
default standards, without appropriate regulations governing lot configuration, unit size, height,
setback, landscape, and architectural review, among other things, would threaten the character of
existing neighborhoods, and negatively impact property values, personal privacy, and fire safety;
and
Ordinance No. 372-U
H. These threats to public safety, health, and welfare justify adoption of this ordinance
as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the
City Council in accordance with Government Code section 3693 7, subdivision (b ).
NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings
by the City Council.
Section 2. Title 16 (Subdivisions) of the City of Rolling Hill's Municipal Code is hereby
amended to add Chapter 16.50 (SB 9 Urban Lot Splits) to read as follows:
CHAPTER 16.50 SB 9 URBAN LOT SPLITS
Section 16.50.010 Purpose
The purpose of this chapter is to allow and appropriately regulate urban lot splits in accordance
with Government Code section 66411. 7.
Section 16.50.020 Definition
An "urban lot split" means a subdivision of an existing, legally subdivided lot into two lots in
accordance with the requirements of this section.
Section 16.50.030 Application
(1) Only individual property owners may apply for an urban lot split. "Individual
property owner" means a natural person holding fee title individually or jointly in
the person's own name or a beneficiary of a trust that holds fee title. "Individual
property owner" does not include any corporation or corporate person of any kind
(partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as
defined by Rev. & Tax Code § 402.1 (a)(l 1 )(C)(ii)) or a qualified nonprofit
corporation (as defined by§ 214.15).
(2) An application for an urban lot split must be submitted on the city's approved
form. Such application shall include, but not be limited to, the following
documents: a certificate of compliance with all applicable fire-hazard mitigation
measures in accordance with this Chapter; copies of the unrecorded easement
agreements for public utilities in accordance with this Chapter; a survey from a
qualified biologist showing that there are no protected species on site; and an
affidavit certifying compliance with all requirements of this Chapter. Only a
complete application will be considered. The city will inform the applicant in
writing of any incompleteness within 30 days after the application is submitted.
(3) The city may establish a fee to recover its costs for adopting, implementing, and
enforcing this section of the code, in accordance with applicable law. The city
Ordinance Mo. 372-U 2
council may establish and change the fee by resolution. The fee must be paid with
the application.
Section 16.50.040 Approval
(1) An application for a parcel map for an urban lot split is approved or denied
ministerially, by the planning director or his or her designee, without
discretionary review.
(2) A tentative parcel map for an urban lot split is approved ministerially if it
complies with all the requirements of this section. The tentative parcel map may
not be recorded. A final parcel map is approved ministerially as well, but not until
the owner demonstrates that the required documents have been recorded, such as
the deed restriction and easements. The tentative parcel map expires three months
after approval.
(3) The approval must require the owner and applicant to hold the city harmless from
all claims and damages related to the approval and its subject matter.
(4) The approval must require the owner and applicant to reimburse the city for all
costs of enforcement, including attorneys' fees and costs associated with
enforcing the requirements of this code.
Section 16.50.050 Requirements
(a) An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements
of the Subdivision Map Act (Gov. Code§ 66410 et. seq., "SMA"),
including implementing requirements in this code, except as otherwise
expressly provided in this section.
(B) If an urban lot split violates any part of the SMA, the city's subdivision
regulations, including this section, or any other legal requirement:
Ordinance No. 372-U
(i) The buyer or grantee of a lot that is created by the urban lot split
has all the remedies available under the SMA, including but not
limited to an action for damages or to void the deed, sale, or
contract.
(ii) The city has all the remedies available to it under the SMA,
including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the
property.
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(II) An action for other legal, equitable, or summary remedy,
such as declaratory and injunctive relief.
(111) Criminal prosecution, punishable by imprisonment in
county jail or state prison for up to one year, by a fine ofup
to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
(C) Notwithstanding section 66411.1 of the SMA, no dedication ofrights-of-
way or construction of offsite improvements is required for an urban lot
split.
(2) Zone. The lot to be split is in a single-family residential zone.
(3) Lot Location. The lot is not located on a site that is any of the following:
(A) 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, or land zoned or designated for agricultural
protection or preservation by a local ballot measure that was approved by
the voters of that jurisdiction.
(B) Wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
(C) Within a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section 51178 of
the Government Code, 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
subparagraph does not apply to sites excluded from the specified hazard
zones by a local agency, pursuant to subdivision (b) of Section 51179 of
the Government Code, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation
measures applicable to the development.
(D) A hazardous waste site that is listed pursuant to Section 65962.5 of the
Government Code 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 Department of Toxic Substances Control has
cleared the site for residential use or residential mixed uses.
Ordinance No. 372-U 4
(E) Within a delineated earthquake fault zone as determined by the State
Geologist in any official maps published by the State Geologist, unless the
development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission under
the California Building Standards Law (Part 2.5 ( commencing with
Section 18901) of Division 13 of the Health and Safety Code), and by any
local building department under Chapter 12.2 (commencing with Section
8875) of Division 1 of Title 2 of the Government Code.
(F) Within a flood plain as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development has been issued
a flood plain development permit 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.
(G) Within a floodway as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development has received a
no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of
the Code of Federal Regulations.
(H) Lands 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.
(I) 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).
(J) Lands under conservation easement.
(4) Not Historic. The lot to be split must not be a historic property or within a
historic district that is included on the State Historic Resources Inventory. Nor
may the lot be or be within a site that is designated by ordinance as a city or
county landmark or as a historic property or district.
(5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split.
Ordinance ~-Jo. 372-U 5
(B) The lot to be split is not adjacent to any lot that was established through a
prior urban lot split by the owner of the lot to be split or by any person
acting in concert with the owner.
(6) No Impact on Protected Housing. The urban lot split must not require or include
the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households 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, or a lot that used to have housing, that has been withdrawn from
rental or lease under the Ellis Act (Gov. Code§§ 7060-7060.7) at any
time in the 15 years prior to submission of the urban lot split application.
(D) Housing that has been occupied by a tenant in the last three years. The
applicant and the owner of a property for which an urban lot split is sought
must provide a sworn statement as to this fact with the application for the
parcel map. The city may conduct its own inquiries and investigation to
ascertain the veracity of the sworn statement, including but not limited to,
surveying owners of nearby properties; and the city may require additional
evidence of the applicant and owner as necessary to determine compliance
with this requirement.
(7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet.
(B) The resulting lots must each be at least 1,200 square feet.
(C) Each of the resulting lots must be between 60 percent and 40 percent of
the original lot area.
(8) Easements.
(A)
(B)
(C)
Ordinance t'1o. 372-U
The owner must enter into an easement agreement with each public-
service provider to establish easements that are sufficient for the provision
of public services and facilities to each of the resulting lots.
Each easement must be shown on the tentative parcel map.
Copies of the unrecorded easement agreements must be submitted with the
application. The easement agreements must be recorded against the
property before the final map may be approved, in accordance with
Section 16.50.040
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(D) If an easement is recorded and the project is not completed, making the
easement moot, the property owner may request, and the city will provide,
a notice of termination of the easement, which the owner may record.
(9) Lot Access.
(A) Each resulting lot must adjoin the right of way.
(B) Each resulting lot must have frontage on the right of way of at least 50
feet.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a
lot that results from an urban lot split. For purposes of this paragraph,
"unit" means any dwelling unit, including, but not limited to, a primary
dwelling unit, a unit created under Chapter 17 .45 of this code, an ADU, or
aJADU
(B) Unit Size.
(i) The total floor area of each primary dwelling that is developed on a
resulting lot must be
(I) less than or equal to 800 and
(11) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban
lot split and that is larger than 800 square feet is limited to the
lawful floor area at the time of the urban lot split. It may not be
expanded.
(iii) A primary dwelling that was legally established prior to the urban
lot split and that is smaller than 800 square feet may be expanded
to 800 square feet after the urban lot split.
(C) Height Restrictions.
(i) No new primary dwelling unit may exceed a single story or 16 feet
in height, measured from grade to peak of the structure.
(ii) No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot resulting from an urban lot split.
(D) Proximity to Stable and Corral Site. A primary dwelling unit is a
residential structure that shall be located a minimum of thirty-five feet
from any stable, corral, and related animal keeping uses and structures as
Ordinance r\Jo. 372-U 7
required in Chapter 17 .18. This standard is only enforced to the extent that
it does not prevent two primary dwelling units on the lot at 800 square feet
each.
(E) Lot Coverage. All structures as defined in Section 17 .16.070 on a lot shall
not cover more than twenty percent of the net lot area. All structures and
all other impervious surfaces as defined in Section 17.16.070 on a lot shall
not cover more than thirty-five percent of the net lot area. These lot
coverage standards are only enforced to the extent that they do not prevent
two primary dwelling units on the lot at 800 square feet each.
(F) Open Space. No development pursuant to this Chapter may cause the total
percentage of open space of the lot fall below fifty percent. This open
space standard is only enforced to the extent that it does not prevent two
primary dwelling units on the lot at 800 square feet each.
(G) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks
that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (l0)(G) above:
(I) Existing Structures. No setback is required for an existing
legally established structure or for a new structure that is
constructed in the same location and to the same
dimensions as an existing legally established structure.
(II) 800 sf; four-foot side and rear. The setbacks imposed by
the underlying zone must yield to the degree necessary to
avoid physically precluding the construction ofup to two
units on the lot or either of the two units from being at least
800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property
line.
(iii) Front Setback Area. Notwithstanding any other part of this code,
dwellings that are constructed after an urban lot split must be at
least 30 feet from the front property lines. The front setback areas
must:
(I) be kept free from all structures greater than three feet high;
(II) be at least 50 percent landscaped with drought-tolerant
plants, with vegetation and irrigation plans approved by a
licensed landscape architect;
(III) allow for vehicular and fire-safety access.
Ordinance No. 372-U 8
(H) Parking. Each new primary dwelling unit that is built on a lot after an
urban lot split must have at least one off-street parking space per unit
unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either
(I) a corridor with fixed route bus service with service
intervals no longer than 15 minutes during peak commute
hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit
service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location.
(I) Architecture.
(i) Architecture is limited to white California ranch style homes
rambling in character with low profile silhouette and exterior
three-rail fences.
(ii) If there is a legal primary dwelling on the lot that was established
before the urban lot split, any new primary dwelling unit must
match the existing primary dwelling unit in exterior materials,
color, and dominant roof pitch. The dominant roof slope is the
slope shared by the largest portion of the roof.
(iii) If there is no legal primary dwelling on the lot before the urban lot
split, and if two primary dwellings are developed on the lot, the
dwellings must match each other in exterior materials, color, and
dominant roof pitch. The dominant roof slope is the slope shared
by the largest portion of the roof.
(iv) All exterior lighting must be limited to down-lights.
(v) No window or door of a dwelling that is constructed on the lot
after the urban lot split may have a direct line of sight to an
adjoining residential property. Landscaping, or privacy glass may
be used to provide screening and prevent a direct line of sight.
Ordinance No. 372-U 9
{J) Landscaping.
Evergreen landscape screening must be planted and maintained between
each dwelling and adjacent lots (but not within rights of way and bridle
trails) as follows:
(i) At least one 15-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one 24" box size
plant shall be provided for every ten linear feet of exterior wall.
(ii) Plant specimens must be at least eight feet tall when installed.
(iii) All landscaping must be drought-tolerant.
(iv) All landscaping must be from the city's approved plant list.
(K) Nonconforming Conditions. An urban lot split is approved without
requiring a legal nonconforming zoning condition to be corrected.
(L) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct
utility connection to the utility service provider. Each primary
dwelling unit shall have its own water, electrical, and gas meters.
(ii) Each primary dwelling unit must have its own separate direct
utility connection to an onsite wastewater treatment system or
sewer in accordance with this paragraph and the City's code. Each
primary dwelling unit on the lot that is or that is proposed to be
connected to an onsite wastewater treatment system must first have
a percolation test completed within the last five years or, if the
percolation test has been recertified, within the last 10 years.
(iii) All utilities must be undergrounded.
(M) Building & Safety. All structures built on the lot must comply with all
current local building standards. An urban lot split is a change of use.
(11) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of
the following fire-hazard mitigation measures:
(i) Water Sources
(D Fire Hydrants.
(ia) Public fire hydrants shall be spaced no more than
600 feet (182.88 m) apart. For properties with more
Ordinance No. 372-U 10
(B)
Ordinance r,Jo. 372-U
than one dwelling unit per acre, no portion of lot
frontage should be more than 360 feet away, via fire
apparatus access, from a hydrant. For properties less
than one dwelling unit per acre, no portion of a fire
apparatus access road shall be farther than 600 feet
away, via fire apparatus access, from a properly
spaced hydrant that meets the required fire-flow.
(ib) When any portion of a proposed structure exceeds
the allowable distances from a public hydrant, via
fire apparatus access, on-site hydrants shall be
provided. The spacing distance between on-site
hydrants shall be 300 to 400 feet (91.44 to 121.92
m). All on-site fire hydrants shall have, at a
minimum, a fire-flow of 1,250 gallons per minute
(4,732 L/min) at 20 psi (137.895 kPa) for a duration
of two hours. If more than one on-site fire hydrant
is required, the fire flow shall be 2,500 gallons per
minute (9,463.53 L/min) at 20 psi (137.895 kPa) for
a duration of two hours. All on-site hydrants shall
be installed a minimum of 25 feet (7,620 mm) from
a structure or protected by a two-hour firewall.
(II) Sprinklers. All enclosed structures on site must have
automatic sprinkler systems installed.
(ii) Access
(I) A lot must have direct access through its own paved
driveway with a width of at least 30 feet connecting with
direct access to a paved right of way or fire apparatus
access road with a width of at least 40 feet, exclusive of
shoulders. A lot must access such paved right of way or fire
apparatus access road with at least two independent paved
points of access for fire and life safety to access and for
residents to evacuate.
(II) No dwelling unit shall be within 30 feet of any other
dwelling unit or any other enclosed structure on such lot.
(iii) All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone.
Prior to submitting an application for an urban lot split, the applicant must
obtain a certificate of compliance with all applicable fire-hazard
mitigation measures in accordance with this subpart. The city or its
authorized agent must inspect the site, including all structures on the site,
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and certify as to its compliance. The certificate must be included with the
application. The applicant must pay the city's costs for inspection. Failure
to pay is grounds for denying the application.
(12) Separate Conveyance.
(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split
may not be owned or conveyed separately from each other.
(ii) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban
lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held
equally and undivided by all individual property owners.
(iv) No timeshare, as defined by state law or this code, is permitted.
This includes any co-ownership arrangement that gives an owner
the right to exclusive use of the property for a defined period or
periods of time
(B) Between resulting lots. Separate conveyance of the resulting lots is
permitted. If dwellings or other structures (such as garages) on different
lots are adjacent or attached to each other, the urban lot split boundary
may separate them for conveyance purposes if the structures meet building
code safety standards and are sufficient to allow separate conveyance. If
any attached structures span or will span the new lot line, the owner must
record appropriate CC&Rs, easements, or other documentation that is
necessary to allocate rights and responsibility between the owners of the
two lots.
(13) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created
by urban lot split.
(B) No STRs. No dwelling unit on a lot that is created by an urban lot split
may be rented for a period of less than 30 days.
(C) Owner Occupancy. The applicant for an urban lot split must sign an
affidavit stating that the applicant intends to occupy one of the dwelling
units on one of the resulting lots as the applicant's principal residence for a
minimum of three years after the urban lot split is approved.
Ordinance No. 372-U 12
(14) Notice of Construction.
(A) At least 30 business days before starting any construction of a structure on
a lot created by an urban lot split, the property owner must give written
notice to all the owners ofrecord of each of the adjacent residential
parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction,
(iii) The hours of construction,
(iv) Contact information for the project manager (for construction-
related complaints), and
(v) Contact information for the Building & Safety Department.
(B) This notice requirement does not confer a right on the noticed persons or
on anyone else to comment on the project before permits are issued.
Approval is ministerial. Under state law, the City has no discretion in
approving or denying a particular project under this section. This notice
requirement is purely to promote neighborhood awareness and
expectation.
(15) Deed Restriction. The owner must record a deed restriction, on each lot that
results from the urban lot split, on a form approved by the city, that does each of
the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period
of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban
lot split.
(C) Expressly prohibits any separate conveyance of a primary dwelling on the
property, any separate fee interest, and any common interest development
within the lot.
(D) States that:
(i)
Ordinance No. 372-U
The lot is formed by an urban lot split and is therefore subject and
limited to the city's urban lot split regulations under this Chapter,
including all applicable limits on dwelling size and development
pursuant to this Chapter.
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(ii) Development on the lot is limited to development of residential
units under Chapter 17.45 of this Code, except as required by state
law.
(b) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for
an urban lot split if the building official makes a written finding, based on a
preponderance of the evidence, that the project would have a "specific, adverse
impact" on either public health and safety or on the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact.
(2) "Specific adverse impact" has the same meaning as in Gov. Code
§ 65589.5(d)(2): "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" and
does not include (1) inconsistency with the zoning ordinance or general plan land
use designation or (2) the eligibility to claim a welfare exemption under Revenue
and Taxation Code section 214(g).
(3) The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
( c) Remedies. If an urban lot split project violates any part of this code or any other legal
requirement:
( 1) The buyer, grantee, or lessee of any part of the property has an action for damages
or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property.
(B) Bring an action for other legal, equitable, or summary remedy, such as
declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or
state prison for up to one year, by a fine ofup to $10,000, or both; or a
misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are
allowed by law or the city's code.
Ordinance No. 372-U 14
Section 3. Title 17 (Land Use) of the City of Rolling Hills Municipal Code is hereby
amended to add Chapter 17.45 (SB 9 Two-Unit Projects) to read as follows:
CHAPTER 17.45 (SB 9 TWO-UNIT PROJECTS)
17.45.010 Purpose
The purpose of this section is to allow and appropriately regulate two-unit projects in accordance
with Government Code section 65852.21.
17 .45.020 Definition
A "two-unit project" means the development of two primary dwelling units or, if there is already
a primary dwelling unit on the lot, the development of a second primary dwelling unit on a
legally subdivided lot in accordance with the requirements of this section.
17.45.030 Application
(1) Only individual property owners may apply for a two-unit project. "Individual
property owner" means a natural person holding fee title individually or jointly in
the person's own name or a beneficiary of a trust that holds fee title. "Individual
property owner" does not include any corporation or corporate person of any kind
(partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as
defined by Rev. & Tax Code§ 402. l(a)(l l)(C)(ii)) or a qualified nonprofit
corporation (as defined by Rev. & Tax Code§ 214.15).
(2) An application for a two-unit project must be submitted on the city's approved
form. The application must include, but not be limited to, the following: a
certificate of compliance with the Subdivision Map Act for the lot; a certificate of
compliance with all applicable fire-hazard mitigation measures in accordance
with this Chapter; a survey from a qualified biologist showing that there are no
protected species on site; and an affidavit certifying compliance with all
requirements of this Chapter.
(3) Only a complete application will be considered. The city will inform the applicant
in writing of any incompleteness within 30 days after the application is submitted.
(4) The city may establish a fee to recover its costs for adopting, implementing, and
enforcing this section of the code, in accordance with applicable law. The city
council may establish and change the fee by resolution. The fee must be paid with
the application.
17 .45.040 Approval
(1) An application for a two-unit project is approved or denied ministerially, by the
planning director or his or her designee, without discretionary review.
Ordinance No. 372-U 15
(2) The ministerial approval of a two-unit project does not take effect until the city
has confirmed that the required documents have been recorded, such as the deed
restriction and easements.
(3) The approval must require the owner and applicant to hold the city harmless from
all claims and damages related to the approval and its subject matter.
(4) The approval must require the owner and applicant to reimburse the city for all
costs of enforcement, including attorneys' fees and costs associated with
enforcing the requirements of this code.
17 .45.050 Requirements
(a) A two-unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided.
(2) Zone. The lot is in a single-family residential zone.
(3) Lot Location. The lot is not located on a site that is any of the following:
(A) 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, or land zoned or designated for agricultural
protection or preservation by a local ballot measure that was approved by
the voters of that jurisdiction.
(B) Wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
(C) Within a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section 51178 of
the Government Code, 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
subparagraph does not apply to sites excluded from the specified hazard
zones by a local agency, pursuant to subdivision (b) of Section 51179 of
the Government Code, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation
measures applicable to the development.
(D) A hazardous waste site that is listed pursuant to Section 65962.5 of the
Government Code 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 Department of Toxic Substances Control has
cleared the site for residential use or residential mixed uses.
Ordinance No. 372-U 16
(E) Within a delineated earthquake fault zone as determined by the State
Geologist in any official maps published by the State Geologist, unless the
development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission under
the California Building Standards Law (Part 2.5 ( commencing with
Section 18901) of Division 13 of the Health and Safety Code), and by any
local building department under Chapter 12.2 (commencing with Section
8875) of Division 1 of Title 2 of the Government Code.
(F) Within a flood plain as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development has been issued
a flood plain development permit 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.
(G) Within a floodway as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development has received a
no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of
the Code of Federal Regulations.
(H) Lands 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.
(I) 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).
(J) Lands under conservation easement.
(4) Not Historic. The lot must not be a historic property or within a historic district
that is included on the State Historic Resources Inventory. Nor may the lot be or
be within a site that is designated by ordinance as a city or county landmark or as
a historic property or district.
(5) No Impact on Protected Housing. The two-unit project must not require or
include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very
low income.
Ordinance r,Jo. 372-U 17
(B) Housing that is subject to any form ofrent or price control through a
public entity's valid exercise of its police power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from
rental or lease under the Ellis Act (Gov. Code§§ 7060-7060.7) at any
time in the 15 years prior to submission of the urban lot split application.
(D) Housing that has been occupied by a tenant in the last three years.
Optional: The applicant and the owner of a property for which a two-unit
project is sought must provide a sworn statement as to this fact with the
application for the parcel map. The city may conduct its own inquiries and
investigation to ascertain the veracity of the sworn statement, including
but not limited to, surveying owners of nearby properties; and the city may
require additional evidence of the applicant and owner as necessary to
determine compliance with this requirement.
(6) Unit Standards.
(A) Quantity.
(i) No more than two dwelling units of any kind may be built on a lot
that results from an urban lot split. For purposes of this paragraph,
"unit" means any dwelling unit, including, but not limited to, a
primary dwelling unit, a unit created under this section of this
code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a two-unit
project under this section, plus any ADU or JADU that must be
allowed under state law and the city's ADU ordinance.
(B) Unit Size.
(i) The total floor area of each primary dwelling built that is
developed under this section must be
(I) less than or equal to 800 and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to
the two-unit project and that is larger than 800 square feet is
limited to the lawful floor area at the time of the two-unit project.
The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the two-
unit project and that is smaller than 800 square feet may be
expanded to 800 square feet after or as part of the two-unit project.
Ordinance No. 372-U 18
(C) Height Restrictions.
(i) No new primary dwelling unit may exceed a single story or 16 feet
in height, measured from grade to peak of the structure.
(ii) No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot resulting from an urban lot split.
(D) Demo Cap. The two-unit project may not involve the demolition of more
than 25 percent of the existing exterior walls of an existing dwelling
unless the site has not been occupied by a tenant in the last three years.
(E) Lot Coverage. All structures as defined in Section 17 .16.070 on a lot shall
not cover more than twenty percent of the net lot area. All structures and
all other impervious surfaces as defined in Section 17.16.070 on a lot shall
not cover more than thirty-five percent of the net lot area. This lot
coverage standard is only enforced to the extent that it does not prevent
two primary dwelling units on the lot at 800 square feet each.
(F) Open Space. No development pursuant to this Chapter may cause the total
percentage of open space of the lot fall below fifty percent. This open
space standard is only enforced to the extent that it does not prevent two
primary dwelling units on the lot at 800 square feet each.
(G) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks
that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (a)(6)(G) above:
(I) Existing Structures. No setback is required for an existing
legally established structure or for a new structure that is
constructed in the same location and to the same
dimensions as an existing legally established structure.
(II} 800 sf; four-foot side and rear. The setbacks imposed by
the underlying zone must yield to the degree necessary to
avoid physically precluding the construction of up to two
units on the lot or either of the two units from being at least
800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property
line.
(iii) Front Setback Area. Notwithstanding any other part of this code,
dwellings that are constructed under this section must be at least 30
feet from the front property lines. The front setback area must:
Ordinance No. 372-U 19
(I) be kept free from all structures greater than three feet high;
(II) be at least 50 percent landscaped with drought-tolerant
plants, with vegetation and irrigation plans approved by a
licensed landscape architect;
(III) allow for vehicular and fire-safety access.
(H) Parking. Each new primary dwelling unit must have at least one off-street
parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either
(I) a corridor with fixed route bus service with service
intervals no longer than 15 minutes during peak commute
hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit
service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location.
(I) Architecture.
(i) Architecture is limited to white California ranch style homes
rambling in character with low profile silhouette and exterior
three-rail fences.
(ii) If there is a legal primary dwelling on the lot that was established
before the two-unit project, any new primary dwelling unit must
match the existing primary dwelling unit in exterior materials,
color, and dominant roof pitch. The dominant roof slope is the
slope shared by the largest portion of the roof.
(iii) If there is no legal primary dwelling on the lot before the two-unit
project, and if two primary dwellings are developed on the lot, the
dwellings must match each other in exterior materials, color, and
dominant roof pitch. The dominant roof slope is the slope shared
by the largest portion of the roof.
Ordinance No. 372-U 20
(iv) All exterior lighting must be limited to down-lights.
(v) No window or door of a dwelling that is constructed on the lot may
have a direct line of sight to an adjoining residential property.
Landscaping, or privacy glass may be used to provide screening
and prevent a direct line of sight.
(J) Landscaping. Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not within rights
of way and bridle trails) as follows:
(i) At least one 15-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one 24" box size
plant shall be provided for every ten linear feet of exterior wall.
(ii) Plant specimens must be at least eight feet tall when installed.
(iii) All landscaping must be drought-tolerant.
(iv) All landscaping must be from the city's approved plant list.
(K) Nonconforming Conditions. A two-unit project may only be approved if
all nonconforming zoning conditions are corrected.
(L) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct
utility connection to the utility service provider.
(ii) Each primary dwelling unit must have its own separate direct
utility connection to an onsite wastewater treatment system or
sewer in accordance with this paragraph and the City's code. Each
primary dwelling unit on the lot that is or that is proposed to be
connected to an onsite wastewater treatment system must first have
a percolation test completed within the last five years or, if the
percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground.
(M) Building & Safety. All structures built on the lot must comply with all
current local building standards. A project under this section is a change of
use and subjects the whole of the lot, and all structures, to the city's
current code.
(7) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of
the following fire-hazard mitigation measures:
Ordinance No. 372-U 21
(i) Water Sources
(I) Fire Hydrants
(ia) Public fire hydrants shall be spaced no more than
600 feet (182.88 m) apart. For properties with more
than one dwelling unit per acre, no portion of lot
frontage should be more than 360 feet away, via fire
apparatus access, from a hydrant. For properties less
than one dwelling unit per acre, no portion of a fire
apparatus access road shall be farther than 600 feet
away, via fire apparatus access, from a properly
spaced hydrant that meets the required fire-flow.
(ib) When any portion of a proposed structure exceeds
the allowable distances from a public hydrant, via
fire apparatus access, on-site hydrants shall be
provided. The spacing distance between on-site
hydrants shall be 300 to 400 feet (91.44 to 121.92
m). All on-site fire hydrants shall have, at a
minimum, a fire-flow of 1,250 gallons per minute
(4,732 L/min) at 20 psi (137.895 kPa) for a duration
of two hours. If more than one on-site fire hydrant
is required, the fire flow shall be 2,500 gallons per
minute (9,463.53 L/min) at 20 psi (137.895 kPa) for
a duration of two hours. All on-site hydrants shall
be installed a minimum of 25 feet (7,620 mm) from
a structure or protected by a two-hour firewall.
(11) Sprinklers. All enclosed structures on site must have
automatic sprinkler systems installed.
(ii) Access
(I) A lot must have direct access through its own paved
driveway with a width of at least 30 feet connecting with
direct access to a paved right of way or fire apparatus
access road with a width of at least 40 feet, exclusive of
shoulders. A lot must access such paved right of way or fire
apparatus access road with at least two independent paved
points of access for fire and life safety to access and for
residents to evacuate.
(II) No dwelling unit shall be within 30 feet of any other
dwelling unit or any other enclosed structure on such lot.
(iii) All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone.
Ordinance No. 372-U 22
(B) Prior to submitting an application for development under this Chapter, the
applicant must obtain a certificate of compliance with all applicable fire-
hazard mitigation measures in accordance with this Chapter. The City or
its authorized agent must inspect the site, including all structures on the
site, and certify as to its compliance. The certificate must be included with
the application. The applicant must pay the City's costs for inspection.
Failure to pay is grounds for denying the application.
(8) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed
separately from each other.
(B) Condominium airspace divisions and common interest developments are
not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and
undivided by all individual property owners.
(D) No timeshare, as defined by state law or this code, is permitted. This
includes any co-ownership arrangement that gives an owner the right to
exclusive use of the property for a defined period or periods of time.
(9) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on the lot.
(B) No STRs. No dwelling unit on the lot may be rented for a period of less
than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the
individual property owners of a lot with a two-unit project must occupy
one of the dwellings on the lot as the owners' principal residence and legal
domicile.
(10) Notice of Construction.
(A) At least 30 business days before starting any construction of a two-unit
project, the property owner must give written notice to all the owners of
record of each of the adjacent residential parcels, which notice must
include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction,
(iii) The hours of construction,
Ordinance No. 372-U 23
(iv) Contact information for the project manager (for construction-
related complaints), and
(v) Contact information for the Building & Safety Department.
(B) This notice requirement does not confer a right on the noticed persons or
on anyone else to comment on the project before permits are issued.
Approval is ministerial. Under state law, the City has no discretion in
approving or denying a particular project under this section. This notice
requirement is purely to promote neighborhood awareness and
expectation.
(11) Deed Restriction. The owner must record a deed restriction, on a form approved
by the City, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period
of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot.
(C) Expressly prohibits any separate conveyance of a primary dwelling on the
property, any separate fee interest, and any common interest development
within the lot.
(D) If the lot does not undergo an urban lot split: Expressly requires the
individual property owners to live in one of the dwelling units on the lot as
the owners' primary residence and legal domicile .
(E) Limits development of the lot to residential units that comply with the
requirements of this section, except as required by state law.
(b) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for
a two-unit project if the building official makes a written finding, based on a
preponderance of the evidence, that the project would have a "specific, adverse
impact" on either public health and safety or on the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact.
(2) "Specific adverse impact" has the same meaning as in Gov. Code
§ 65589.5(d)(2): "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" and
does not include (1) inconsistency with the zoning ordinance or general plan land
use designation or (2) the eligibility to claim a welfare exemption under Revenue
and Taxation Code section 214(g).
Ordinance No. 372-U 24
(3) The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
( c) Remedies. If a two-unit project violates any part of this code or any other legal
requirement:
(1) The buyer, grantee, or lessee of any part of the property has an action for damages
or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property.
(B) Bring an action for other legal, equitable, or summary remedy, such as
declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or
state prison for up to one year, by a fine ofup to $10,000, or both; or a
misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are
allowed by law or the city's code.
Section 4. This ordinance takes effect immediately upon its adoption, but with the terms
of the ordinance becoming operative on January 1, 2022.
Section 5. If anyprovision of this ordinance or its application to any person or circumstance
is held to be invalid, such invalidity has no effect on the other provisions or applications of the
ordinance that can be given effect without the invalid provision or application, and to this extent,
the provisions of this resolution are severable. The City Council declares that it would have
adopted this resolution irrespective of the invalidity of any portion thereof.
Section 6. Under California Government Code sections 65852.21, subd. (j), and 66411.7,
subd. (n), the adoption of an ordinance by a city implementing the provisions of Government Code
sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily
exempt from the requirements of the California Environmental Quality A'ct ("CEQA"). Therefore,
City Council finds the proposed ordinance is statutorily exempt from CEQA in that the proposed
ordinance implements these new laws enacted by SB 9.
Section 7. The City Clerk shall certify as to the adoption of this ordinance and post a
certified copy of this ordinance, including the vote for and against the same, in the office of the
City Clerk, in accordance with Government Code Section 36933.
Ordinance No. 372-U 25
PASSED, APPROVED AND ADOPTED by the City Council of Rolling Hills, California, at an
adjourned regular meeting of the City Council held on the 14th day of December, 2021.
ATTEST:
CITY CLERK
Ordinance No. 372-U 26
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 372-U entitled as follows:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROLLING HILLS ADDING CHAPTERS 16.50
(SB 9 URBAN LOT SPLITS) AND 17.45 (SB 9 TWO-UNIT
PROJECTS) TO THE ROLLING HILLS MUNICIPAL
CODE; AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA.
was approved and adopted at an adjourned regular meeting of the City Council on December 14,
2021 by the following roll call vote:
A YES: COUNCILMEMBERS BLACK, PIEPER, MIRSCH, WILSON AND MAYOR
DIERINGER.
NOES: NONE.
ABSENT: NONE.
ABSTAIN: NONE.
and in compliance with the laws of California was posted at the following :
Administrative Offices.
(~
CHRISTIAN HORVATH
CITY CLERK
Ordinance No. 372-U 27