GTYEOEE BRADBURY  AGENDA  Adjourned Meeting of the Bradbury City Council To be held on Monday, February 7, 2022 at the Bradbury Civic Center 600 Winston Avenue, Bradbury, CA 91008  6:00 PM  Pursuant to Governor Newsom's Executive Order N-25-20, the City is allowing Council Members, Staff and the public to participate in this City Council meeting by means of a Zoom video or telephone call. You will be able to hear the entire proceedings (other than the Closed Session) and to speak during Public Comment, Public Hearing, and other authorized. times. Members of the public must maintain silence and mute their microphones and telephones except during those times. The Zoom information is: ntps/S02webzcomus/8639594219, One tap mobile +16699009128, 86395942191# or dial 1-669-900-9128 and enter code 863 95942191#. Mayor Bruny, Mayor Pro-Tem Lathrop, Councilmembers Barakat, Hale and Lewis  CALL TO ORDERIROLL CALL PUBLIC COMMENT  STUDY SESSION - THE CITY COUNCIL WILL DISCUSS PLANNING MATTERS RELATED TO THE HOUSE ELEMENT AND DEVELOPMENT CODE  ADJOURNMENT  The City Council will adjourn to a Regular Meeting at the Bradbury Civic Center, 600 Winston Avenue, Bradbury, CA 91008 on Tuesday, February 15, 2022 at 7:00 p.m. ", Claudia Saldana, City Clerk, hereby certify that / caused this agenda to be posted at the Bradbury City Hall entrance gate on Thursday, February3, 2022 at5:00 p.m."  Claudia SAhana CITY CLERK -( CITY OF BRADBURY    Elizabeth Bruny, Mayor (District 5) Bruce Lathrop, Mayor Pro-Tem (District 4) Richard G. Barakat, Council Member (District 3) Richard T.. Hale, Jr., Council Member (District 1) D. Montgomery Lewis, Council Member (District 2)  CITYOB BRADBURY City of Bradbury City Council Agenda Report  TO: FROM: DATE:  Honorable Mayor and Council Members Kevin Kearney, City Manager By: Jim Kasama, City Planner February 7, 2022  SUBJECT: STUDY SESSION - PLANNING MATTERS RELATED TO THE HOUSING  ELEMENT AND DEVELOPMENT CODE  SUMMARY  At the January 18, 2022, Regular City Council Meeting, the Council scheduled a a study session on February 7, 2022, for planning matters related to the Housing Element and other Development Code items, including a regular ordinance to replace Urgency Ordinance No. 380 (attached) that was adopted to comply with Senate Bill 9 that took effect on January 1, 2022, and other planning, land use and development code issues.  DISCUSSION Housing Element  The current Housing Element (6th Cycle) was due October 15, 2021. The State has extended this deadline to October 15, 2022. To meet this deadline, the Housing Element consultant, Veronica Tam and Associates, Inc. has outlined the following schedule:  Administrative Draft to staff by Friday, March 11, 2022  30-Day Public Review of Initial Draft - Friday, March 18 to Sunday, April 17, 2022 City Council Review of Initial Draft at the April 19 Regular Meeting Revise Draft based on public review and City Council review- - Monday, May 2, 2022 Submit Draft to State for 90-day Review - May 3 to August 1, 2022 Revise Housing Element based on State comments and post for 30-day public  review by Friday, September 2, 2022.  City of Bradbury City Council Agenda Report - Study Session - February 7, 2022 Planning Matters Related to the Housing Element and Development Code  Agenda Item No. 1    City Council and Planning Commission to review and adopt Revised Housing Element at a Joint Special Meeting during the first week of October 2022 Submit adopted Housing Element to State by Tuesday, October 15, 2022 A significant issue required for the new Housing Element is the designation of at least one site that will allow for multiple-family housing at a density of at least 20 units per acre. The purpose of this requirement is to enable diverse types of housing, which tends to be Another issue is the standards for singe-Rcom.occupan, (SRO) Units. For these to be considered dwelling units, the State is requiring that such units have cooking facilities. Concurrent with the adoption of the new Housing Element, the City is required to update  relatively affordable in comparison to single-family, detached housing.  The City's current standards do not allow cooking facilities.  its Safety Element.  Urgency Ordinance No. 380 and Senate Bill 9  Senate Bill 9 (SB 9) was signed by the Governor on September 16, 2021, and took effect on January 1, 2022. SB 9 added two new sections to the Government Code requiring cities to ministerially approve the development of up to two units on single-famiy-zoned lots and requiring cities to ministerially approve certain lot splits. The approval of such developments are subject to certain requirements, but without a local ordinance in place, those standards are based on the State legislation and not local standards. In order to have such developments comply with local standards, the City Council adopted Urgency Ordinance No. 380 at the December 21, 2021, meeting. As an urgency ordinance, it was adopted without public hearings by the Planning Commission and City Council, and should be replaced by a regular ordinance that is reviewed through public hearings.  Family Child Care Homes  Senate Bill 234 prohibits cities from requiring any type of zoning permit or business license for all family childcare homes for up to 14 children. This has been a requirement for many years, but the legislation now requires that these family childcare homes be considered residential uses by all local ordinances and be listed as allowed uses.  RECOMMENDATION  Itisr recommended that the City Council discuss the above matters and any others that the Council wishes to raise, and direct staff as to how to proceed. If the City is to meet the October 15, 2022 deadline for its Housing Element, the Council will need to provide direction for the Housing Element at the February 7,2022 meeting, or at another meeting  before the end of the month. ATTACHMENT  Urgency Ordinance No. 380  City of Bradbury City Council Agenda Report - Study Session = February 7,2022 Planning Matters Related to the Housing Element and Development Code  Page2of2    URGENCY ORDINANCE NO. 380  AN URGENCY ORDINANCE OF THE CITY OF BRADBURY, CALIFORNIA ADOPTING CHANGES TOTITLE IX OF THE BRADBURY MUNICIPAL CODE RELATING TO THE MPLEMENTAION OF SENATE BILL 9 FOR THE CREATION OF URBAN LOT SPLITS AND TWO  RESIDENTIAL UNITS PER LOT  WHEREAS, on September 16, 2021 Governor Gavin Newsom approved Senate Bill 9 (SB 9, Chapter 162) relating to the creation of residential units, which requires local agencies to ministerially approve housing developments containing no more than two residential units per lot and to ministerially approve an urban lot split; and  WHEREAS, SB 9 takes effect on January 1, 2022; and  WHEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and WHEREAS, given that SB 9 was not signed into law until mid-September, there was insufficient time to process this Ordinance through noticed hearings before the Planning Commission and City Council sO as to have the Ordinance in place by. January 1, 2022; WHEREAS, the public is already beginning to express interest in developing under this new law and it is necessary to have standards in place by the time SB 9 becomes NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRADBURY DOES SECTION1. Chapter 75 is hereby added to Part V of Title IX of the Bradbury Municipal  development standards; and  and  effective.  HEREBY ORDAIN AS FOLLOWS: Code to read as follows:  Chapter 75. Two-unit Housing Development  Sec. 9.75.010-1 Definitions.  For purposes of this Chapter, the following definitions shall apply:  (a) "Housing development" shall mean no more than two residential units on a lot within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit. (b) Single-family residential zone" shall mean the R-7,500 Single-Family Residential Zoning District, the R-20,000 Single-Family Residential Zoning District, the A-1 Agriculture Residential Estate Zoning District, the A-2 Agriculture Residential Estate Zoning District, and the A-5 Agriculture  Residential Estate Zoning District.    (c) "Unit" shall mean any dwelling unit, including but not limited to a primary dwelling unit, an accessory dwelling unit, a junior accessory dwelling unit, or (d) "Urban lot split" means al lot split ofa a single-family residential! lot into two parcels that meets the requirements of Chapter 164 of Part' VII of Title IX.  any unit created pursuant to this section.  Sec. 9.75.020 - Housing Development Approval residential units ifitr meets the following requirements:  The City shall ministerially approve a housing development containing no more than two  (a) The parcel is located within a single-family residential zone.  (b) The parcel is not located in any of the following areas and does not fall within 1. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic 2. Wetlands as defined in the Unites States Fish and Wildlife Service 3. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)6)D). This does not apply to sites excluded from the specified hazard: zones by a local agency, pursuant tos subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation 4. 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 and by the city's building 5. Aspecial flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for ministerial approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that  any of the following categories:  property or district pursuant to a city ordinance. Manual, Part 660 FW2(June 21, 1993).  measures applicable to the development.  department.  -2-  Urgency Ordinance No. 380    is applicable to that site. A development may be located on a site described in this subparagraph if either oft the following are met: The site has been subject to a Letter of Map Revision prepared by ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code section  FEMA and issued to the city; or  65913.44/6)(6)00;  6. Ar regulatory floodway as determined by FEMA in any of its official maps, published by FEMA 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. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for ministerial approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable toi that site. 7. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code 8. 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  section 65913.4(a)(6)0).  Code).  9. Lands under a conservation easement. of any of the following types of housing:  (c) The proposed housing development would not require demolition or alteration 1. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, 2. Housing that has been occupied by a tenant in the last three years. (d) Unless demolition or alteration is prohibited pursuant to subsection (c) above, up to 25 percent of the existing exterior structural walls may be demolished.  low, or very lowi income;  -3-  Urgency Ordinance No. 380    Sec. 9.75.030 - Standards and Requirements.  The following requirements shall apply in addition to all other objective standards pertaining to the underlying zone. In cases of conflict, the requirements set forth in this (a) No setback shall be required for an existing structure or a structure constructed int the same location and to the same dimensions as an existing structure. (b) Except for those circumstances described in subsection (a) above, for any new housing developed under this chapter, the setback from any lot line first created in an urban lot split shall not be less than four feet. The front setback shall be (c) The applicant shall provide easements for the provision of public services and (d) Driveways shall be provided in accordance with Chapter 103 of Title IX. Easements shall be provided as required to ensure pedestrian and vehicular (e) Required off-street parking shall be limited to one space per unit, except that no parking shall be required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within one block of the parcel. Parking spaces 1. Parking spaces may be covered or uncovered, but must be provided ini the  section shall prevail:  as set forth in the single-family residential zone.  facilities as required. access across lots.  shall meet the following requirements: paved portions of setback areas.  2. Tandem parking between units shall be prohibited.  (f) For residential units corinected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last 5 years, or if the percolation test has been recertified, within the last 10 years, which shows that the system meets acceptable infiltration rates. (g) The number of units allowed on a lot shall not exceed two.  (h) Square footage. The square footage of any new unit built under the provisions () Height. The height of a new unit shall not exceed 16 feet unless the unit is built in a previously existing permitted space above a permitted ground floor areaor Secondary Living Quarters. Guest houses orb bunk houses shall only be allowed in accordance with Section 9.85.030 based on the actual size of the lot,  of SB 9 shall not exceed 800 square feet.  garage.  -4-  Urgency Ordinance No. 380    regardless of the: zone. No single-room occupancy unit shall be located on any lot developed under the provisions oft this Chapter or Chapter 9.164. (k) If there is no existing unit on the original parcel prior to any lot split allowed pursuant to Chapter 9.164, one of the four allowed units may be built to the  standards of the applicable zone  Sec. 9.75.040 - Denials.  (a) The city shall not deny an application solely because it proposes adjacent or connected structures provided that all building code safety standards are met (b) The city may deny the housing development if the building official makes a written finding, based upon a preponderance oft 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 the 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.  and they are sufficient to allow a separate conveyance.  Sec. 9.75.050 - Affidavit Required.  An applicant for housing under this chapter shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:  (a) That the uses shall be limited to residential uses.  (b) Thatt the rental ofa any unit created pursuant tot this section shall bet forar minimum (c) That the maximum number of units tol be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, and units allowed (d) That the square footage of any new unit built under the provisions of SB 9 shall  of thirty-one days.  pursuant to this Chapter. not exceed 800 square feet.  Sec. 9.75.060 - Other Municipal Code Provisions  (a) Unless contrary to the provisions oft this Chapter, all other applicable objective provisions of Title IX, including the provisions of the underlying zone, shall (b) Notwithstanding: the above, the city shall not impose any zoning or design standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels under an urban lot split or that  apply.  would result in a unit size of less than 800 square feet.  Urgency Ordinance No. 380    SECTION2. Table 28-1 in Section 9.28.020 of the Bradbury Municipal Code is hereby  amended by adding a new row to read as follows: Type of Application City Planner Two-unit Housing Approval Development  Planning Commission City Council  Not Applicable  Not Applicable  SECTION3. Chapter 164 is hereby added to Part' Vilof Title IX oft the Bradbury Municipal  Code to read as follows:  CHAPTER 164-1 URBAN LOT SPLITS Sec. 9.164.010 - Definitions.  Definitions. For purposes of this Section, the following definition shall apply:  (a) "Urban lot split" means al lot split ofas single-family residential loti into two parcels  that meets the requirements of this section.  Sec. 9.164.020 - Urban Lot Split Approval  The City shall ministerially approve a parcel map for a lot split that meets the following  requirements:  (a) The parcel is located within a single-family residential zone. designated by the United States Census Bureau.  (b) The parcel is located at least partially in an urbanized area or urban cluster as (c) The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be  smaller than 40 percent of the lot area of the original parcel. (d) Both newly created parcels are no smaller than 1,200 square feet. (e) The parcel is not located in any of the following areas and does not fall within 1. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic 2. Wetlands as defined in the Unites States Fish and Wildlife Service  any of the following categories:  property or district pursuant to a city ordinance. Manual, Part 660 FW2(June 21, 1993).  Urgency Ordinance No. 380    3. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the: specified hazard zones by al local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation 4. Ad delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, uniess the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building 5. As special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: The site has been subject to a Letter of Map Revision prepared by ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code section  measures applicable to the development.  department.  FEMA and issued to the city; or  65913.42/6/0G)0);  6. Ar regulatory floodway as determined by FEMA in any of its official maps, published by FEMA 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. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. 7. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code  section 65913.4(a)(6)00.  -7-  Urgency Ordinance No. 380    8. 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).  9. Lands under a conservation easement.  (f) The proposed lot split would not require demolition or alteration of any of the 1. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, 2. Housing that has been occupied by a tenant in the last three years. (g) The lot split does not create more than two units as defined in Section 9.75.010 onap parcel, including any accessory dwelling units orj junior accessory dwelling.  following types of housing:  low, or very low income;  Sec. 9.164.030 = Standards and Requirements. The following requirements shall apply:  (a) The lot split conforms to all applicable objective requirements oft the Subdivision Map Act and Part VII of Title IX of the Bradbury Municipal Code, except as the (b) No setback shall be required for an existing structure or a structure constructed int the same location and to the same dimensions as an existing structure. (c) Except for those circumstances described in subsection (b) above, for any lot resulting from an urban lot split, the setback from any lot line first created in an urban lot split shall not be less than four feet. The front setback shall be as set (d) The applicant shall provide easements for the provision of public services and (e) Ifa lot does not have direct access to a street, appropriate access easements meeting the minimum size of the driveway requirements set forth in Chapter 103 () Development of the lots shall be in accordance with Chapter 75 of Part' Vo of Title  same are modified by this section.  forth int the single-family residential zone.  facilities as required.  of Title IX shall be provided on the tentative and parcel map.  IX oft this Code.  8-  Urgency Ordinance No. 380    Sec. 9.164.040 - Denials (a) The City shall not:  1. Require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a 2. Impose any objective subdivision standards that would have the effect of physically precluding the construction oft two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. 3. Require the correction of nonconforming zoning provisions as a condition 4. Deny an application solely because it proposes an adjacent or connected structure provided that that all building code safety standards are met and  parcel map.  for the lot split.  they are sufficient to allow a separate conveyance.  (b) The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety ort the physical environment and for which there is noi feasible method to satisfactorily mitigate or avoid the specific, adverse impact.  Sec. 9.164.050 - Affidavit  An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following: (a) That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" ora a "qualified nonprofit corporation" as the same are defined in the Revenue and  Taxation Code.  (b) That the uses shall be limited to residential uses.  (c) That any rental of any unit created by the lot split shall bet for ar minimum oft thirty- (d) That the maximum number of units, as defined in Section 9.75.010, to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to Chapter 75 of Part Vof Title IX.  one days.  -9-  Urgency Ordinance No. 380    (e) That the square footage of any new unit built under the provisions of SB 9 shall  not exceed 800 square feet.  Sec. 9.164.060 - Inapplicability of Chapter This Chapter shall not apply to:  (a) Any parcel which has been established pursuant to a lot split in accordance with (b) Any parcel where the owner oft the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, "acting in concert" shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, affiliated with, or connected by partnership toi the owner, buyer or seller of an adjacent lot (in each case, at any  this section; or  time within the last three years).  SECTION4. The adoption of this Ordinance is not a project under CEQA as specified in SECTION5. In accordance with Government Code section 36937, this Ordinance shall take effect immediately because of the need for the preservation of the public peace, health and safety as set forth in the Whereas clauses in the beginning of this Ordinance. PASSED, APPROVED AND ADOPTED this Rlot day of December, . 2021.  SB9.  EHAkhABewm  Mayoc)  ATTEST:  COaudis Baldana  City Clerk  -10-  Urgency Ordinance No. 380    STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) S. CITY OF BRADBURY  I, Claudia Saldana, City Clerk of the City of Bradbury, do hereby certify that the foregoing ordinance, being Urgency Ordinance No. 380 was duly passed by the City Council ofi the City of Bradbury, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 21st day of December, 2021, that it was duly posted, and that the same was passed and adopted by thet following vote, AYES: Mayor Bruny, MPT Lalirepwmdlmchn  to wit:  Bayakat  and Hale  NAYS: Nove ABSTAIN: Nowe  ABSENT: Councilmember Lewsis  Claudin Salloua Claudia Saldana City Clerk City of Bradbury  -11-  Urgency Ordinance No. 380