Ordinance Number 1094' URGENCY ORDINANCE NO. 1094
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO AMENDING
CHAPTER 4 (SUBDIVISIONS) OF TITLE 9 (LAND USE) TO
ADD ARTICLE 7 (URBAN LOT SPLITS ALLOWED BY SB 9)
AND AMENDING ARTICLE 5 (SUPPLEMENTAL DISTRICT
REGULATIONS) OF TITLE 9 (LAND USE) TO ADD
SECTION 9-3.538 (RESIDENTIAL TWO -UNIT PROJECTS
ALLOWED BY SB 9); AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of San Juan Capistrano, California ("City") is a municipal
corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, 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
' WHEREAS, SB 9 allows local agencies to adopt objective design, development,
and subdivision standards for urban lot splits and two -unit projects; and
WHEREAS, SB 9 takes effect on January 1, 2022, and preempts any conflicting
city ordinance; and
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
I
threaten the character of existing neighborhoods, and negatively impact property values,
personal privacy, and fire safety. These threats to public safety, health, and welfare justify
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adoption of this ordinance as an urgency ordinance to be effective immediately upon
adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may
adopt this ordinance as an urgency measure in accordance with Government Code
section 36937, subdivision (b).
NOW, THEREFORE, the City Council of the City of San Juan Capistrano does
ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as
findings by the City Council.
Section 2. Under California Government Code sections 65852.21, subd. Q), 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 Act ("CEQA"). Therefore, the proposed ordinance is statutorily
exempt from CEQA in that the proposed ordinance implements these new laws enacted
by SB 9.
Section 3. Chapter 4 (Subdivisions) of Title 9 (Land Use) of the City of San Juan '
Capistrano's Municipal Code is hereby amended to add Article 7 (Urban Lot Splits
Allowed by SB 9) to read as follows:
ARTICLE 7. URBAN LOT SPLITS ALLOWED BY SB 9
Section 9-4.701 Purpose
The purpose of this article is to allow and appropriately regulate urban lot splits in
accordance with Government Code section 66411.7.
Section 9-4.703 Definitions
An "urban lot split" means a subdivision of an existing, legally subdivided lot into two lots
in accordance with the requirements of this article.
"Building height" means the vertical distance from finished grade or flood protection
elevation to the topmost point of the roof of a building or to the highest point of a
structure other than a building. Chimneys, finials, and other rooftop architectural
projections are not included in determining building height.
For structures in hillside areas, allowable building height shall be determined by '
connecting an imaginary line, at the applicable building height standard, between a
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' series of vertical lines drawn at the uppermost and the lowermost finish grades of a
building (typically measured at a point five (5) feet away from the vertical building wall),
as shown in Figure 3-1 b. For purposes of this definition, "hillside area' means an area in
which the average slope of the building footprint area is ten (10) percent or more. For
structures in hillside areas that are constructed on a foundation system that include one
or more retaining walls or other retaining system, the measurement to establish
allowable building height shall be measured from five (5) feet outside of the retaining
wall or system used to support the building.
Figure 3-1a Building Height on Level Lot
fat]
Figure 3-1b Building Height on Hillside
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Section 9-4.705 Application
(a) 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)(1 1)(C)(ii)) or a qualified nonprofit
corporation (as defined by § 214.15).
(b) An application for an urban lot split must be submitted on the city's approved
form. 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.
(c) The city may establish a fee to recover its costs for adopting, implementing, and
enforcing this article 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.
Section 9-4.707 Approval.
(a) An application for a parcel map for an urban lot split is approved or denied '
ministerially, by the Director of Development Services, without discretionary
review.
(b) A tentative parcel map for an urban lot split is approved ministerially if it complies
with all the requirements of this article. The tentative parcel map may not be
recorded until a final parcel map is approved. 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.
(c) 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.
(d) 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 9-4.709 Requirements.
An urban lot split must satisfy each of the following requirements:
(a) Map Act Compliance. I
16110141,
' (1) The urban lot split must conform to all applicable objective requirements of
the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA") and
implementing requirements in Chapter 4 of Title 9 of this code, except as
otherwise expressly provided in this section.
(2) If an urban lot split violates any part of the SMA, the city's subdivision
regulations, including this article, or any other legal requirement:
(A) 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.
(B) 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.
(ii) An action for other legal, equitable, or summary remedy,
such as declaratory and injunctive relief.
(iii) Criminal prosecution, punishable by imprisonment in county
' jail or state prison for up to one year, by a fine of up to
$10,000, or both; or a misdemeanor.
(iv) Record a notice of violation.
(v) Withhold any or all future permits and approvals.
(3) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-
way or construction of offsite improvements is required for an urban lot
split.
(b) Zoning District. The lot to be split is in a single-family residential zoning district.
For purposes of this section, a single-family residential zoning district is a zoninc
district where the only residential use that is allowed as a primary use is a single
residential dwelling on a lot.
(c) Lot Location. The lot to be split is not located on a site that is any of the
following:
(1) 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
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protection or preservation by a local ballot measure that was approved by
the voters of that jurisdiction. '
(2) Wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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
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' federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or
other adopted natural resource protection plan.
(9) 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).
(10) Lands under conservation easement.
(d) 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.
(e) No Prior Urban Lot Split.
(1) The lot to be split was not established through a prior urban lot split.
(2) The lot to be split is not adjacent to any lot that was established through a
prior urban lot split pursuant to this Article 7 by the owner of the lot to be
split or by any person acting in concert with the owner. "Any person acting
in concert with the owner" here includes any third -party that coordinates or
assists the owners of adjacent lots with their respective urban lot splits.
(f) 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:
(1) Housing that is income -restricted for households of moderate, low, or very
low income.
(2) Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its police power.
(3) 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.
(4) 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
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(g)
(h)
0)
evidence of the applicant and owner as necessary to determine
compliance with this requirement. I Lot Size.
(1) The lot to be split must be at least 2,400 square feet in gross area.
(2) The resulting lots must each be at least 1,200 square feet in gross area.
(3) Each of the resulting lots must be between 60 percent and 40 percent of
the original lot area.
Easements.
(1) 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.
(2) Each easement must be shown on the tentative parcel map.
(3) 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 this
article.
(4) 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.
Lot Access.
(1) Each resulting lot must adjoin the public right of way.
(2) Each resulting lot must have frontage on the public right of way of at least
20 feet.
Unit Standards.
(1) 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 section 9-3.538 of this code, an ADU, or I a JADU
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' (2) Unit Size.
(A) 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
(ii) more than 500 square feet.
(B) 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 and may not be
expanded.
(C) 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.
(3) Height Restrictions.
' (A) On a resulting lot that is larger than 2,000 square feet of gross
area, the maximum building height, as defined in this article, of the
new primary dwelling is 16 feet in height and may not exceed a
single story.
(B) On a resulting lot that is smaller than 2,000 square feet of gross
area, the maximum building height, as defined in this article, of the
new primary dwelling is 22 feet in height and shall not exceed two
stories. Any portion of a new primary dwelling footprint that exceeds
one story must be stepped back five feet from the ground floor
footprint; no balcony deck or other portion of the second story may
project into the required 5 -foot stepback area.
(C) No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot resulting from an urban lot split.
(4) Lot Coverage. The lot coverage requirements established in Table 3-2
(Development Standards for Residential Districts) in Section 9-3.301 of
this code apply. 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.
' (5) Ridgelines. No construction, along with any associated grading, may
occur within 200 feet (horizontal) of a General Plan designated ridgeline,
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or as designated on a final City subdivision map in accordance with
required development conditions. 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.
(6) Setbacks.
(A) Generally. All setbacks must conform to those setbacks that are
imposed through the underlying zone.
(B) Exceptions. Notwithstanding subparagraph Q)(5)(A) above:
(i) Existing Structures. No setback is required from the new
lot split property line 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 I line.
(C) Front Setback Area. Notwithstanding any other part of this code,
dwellings that are constructed after an urban lot split must meet the
required minimum front setbacks identified in Table 3-2
(Development Standards for Residential Districts). 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; and
(iii) allow for vehicular and fire -safety access to the front
structure.
(7) 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. No
off-street parking spaces are required for new primary dwelling units that
are built on a lot that meets the following:
(A) The lot is located within one-half mile walking distance of either I
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' (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
(1) an existing rail or bus rapid transit station,
(II) a ferry terminal served by either a bus or rail transit
service, or
(III) 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.
(B) The site is located within one block of a car -share vehicle location.
(8) Architecture.
(A) 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.
(B) If there is no legal primary dwelling on the lot before the urban lot
split, and if two primary dwellings are developed on Mot, 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.
(C) All exterior lighting must be limited to down -lights.
(D) 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. Fencing, landscaping, or privacy glass may be
used to provide screening and prevent a direct line of sight.
(E) If a dwelling is constructed on a lot after an urban lot split and any
portion of the dwelling is less than 30 feet from a property line that
is not a public right-of-way line, then all windows and doors in that
portion must either be (for windows) clerestory with the bottom of
the glass at least six feet above the finished floor, or (for windows
and for doors) utilize frosted or obscure glass.
I(9) Landscaping.
(A) Tree Removal.
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(i) Notwithstanding the provisions of Section 9-2.349 (Tree
Removal Permit), no mature tree may be removed on a lot '
for development under this article unless removal is
necessary for constructing a minimum size dwelling unit that
must be allowed under state law.
(ii) "Mature tree" means a tree with a diameter of six inches or
more measured three feet above grade.
(iii) A tree may only be removed under subparagraph (j)(8)(A)(i)
above if it is replaced with at least two 24 -inch box size trees
of the same tree species as the removed tree.
(iv) If a qualified tree expert, as defined in Section 9-2.349 (Tree
Removal Permit), determines that there is not enough space
on the lot for the replacement trees that is required under
subparagraph (j)(8)(A)(i) above, then a 1:1 replacement
ratio, 15 -gallon size trees, or different tree species may be
used.
(B) Evergreen landscape screening must be planted and maintained
between each dwelling and adjacent lots (but not rights of way) 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 -
inch box size plant shall be provided for every ten linear feet
of exterior wall.
(ii) Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least six feet in height
may be installed.
(iii) All landscaping must be drought -tolerant.
(10) Nonconforming Conditions. An urban lot split is approved without
requiring a legal nonconforming zoning condition to be corrected.
(11) Utilities.
(A) Each primary dwelling unit on the lot must have its own direct utility
connection to the utility service provider.
(B) Notwithstanding paragraph (j)(1 1)(A) above, a primary dwelling unit '
may have a direct utility connection to an onsite wastewater
treatment system in accordance with this paragraph and the city's
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' 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.
(C) All utilities for new dwelling units must be underground.
(12) 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.
(k) Fire -Hazard Mitigation Measures.
(1) A lot in a very high fire hazard severity zone must comply with each of the
following fire -hazard mitigation measures in order to be eligible for an
urban lot split:
(A) It must have direct access to a public right of way with a paved
street with a width of at least 40 feet. The public right of way must
have at least two independent points of access for fire and life
safety to access and for residents to evacuate.
(B) All dwellings on the site must comply with current fire code
' requirements for dwellings in a very high fire hazard severity zone.
(C) All enclosed structures on the site must have fire sprinklers.
(D) All sides of all dwellings on the site must be within a 150 -foot hose -
pull distance from either the public right of way or of an onsite fire
hydrant or standpipe.
(E) If the lot does not have a swimming pool, the lot must have a water
reservoir of at least 5,000 gallons per dwelling, with fire -authority
approved hookups compatible with fire -authority standard pump
and hose equipment.
(2) Prior to submitting an application for an urban lot split, the applicant must
obtain a certificate of compliance from the city demonstrating that the
developed or vacant lot proposed for an urban lot split complies with all
the applicable fire -hazard mitigation measures identified in this subpart.
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 and issuance of the certificate of compliance. Failure to pay
is grounds for denying the application.
' (1) Separate Conveyance.
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(m)
(1) Within a resulting lot.
(A) Primary dwelling units on a lot that is created by an urban lot split '
may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban
lot split.
(C) All fee interest in a lot and all dwellings on the lot 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.
(2) 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.
Regulation of Uses.
(1) Residential -only. No non-residential use is permitted on any lot created
by urban lot split.
(2) No Short Term Rentals. 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.
(3) 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.
(n) Notice of Construction.
(1) 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 of record of each of the adjacent residential
parcels, which notice must include the following information: ,
(A) Notice that construction has been authorized,
14
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' (B) The anticipated start and end dates for construction,
(C) The hours of construction,
(D) Contact information for the project manager (for construction -
related complaints), and
(E) Contact information for the Building & Safety Department.
(2) 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.
(o) 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:
(1) Expressly prohibits any rental of any dwelling on the property for a period
of less than 30 days.
I(2) Expressly prohibits any non-residential use of the lots created by the
urban lot split.
(3) Expressly prohibits any separate conveyance of a primary dwelling on the
property, any separate fee interest, and any common interest
development within the lot.
(4) States that:
(A) The lot is formed by an urban lot split and is therefore subject to the
city's urban lot -split regulations, including all applicable limits on
dwelling size and development.
(B) Development on the lot is limited to development of residential units
under section 9-3.538 of this code, except as required by state law.
Section 9-4.711 Specific Adverse Impacts.
(a) 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.
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(b) "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).
(c) The building official may consult with and be assisted by planning staff and
others as necessary in making a finding of specific, adverse impact.
Section 4. Article 5 (Supplemental District Regulations) of Title 9 (Land Use) of
the City of San Juan Capistrano's Municipal Code is hereby amended to add Section 9-
3.538 (Residential Two -Units Projects Allowed by SB 9) to read as follows:
Section 9-3.538 Residential Two -unit Projects Allowed by SB 9
(a) Purpose. The purpose of this section is to allow and appropriately regulate two -
unit projects in accordance with Government Code section 65852.21.
(b) Definitions.
(1) 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.
(2) "Building height' means the vertical distance from finished grade or flood
protection elevation to the topmost point of the roof of a building or to the
highest point of a structure other than a building. Chimneys, finials, and
other rooftop architectural projections are not included in determining
building height.
For structures in hillside areas, allowable building height shall be
determined by connecting an imaginary line, at the applicable building
height standard, between a series of vertical lines drawn at the uppermost
and the lowermost finish grades of a building (typically measured at a
point five (5) feet away from the vertical building wall), as shown in Figure
3-1 b. For purposes of this definition, "hillside area" means an area in
which the average slope of the building footprint area is ten (10) percent or
more. For structures in hillside areas that are constructed on a foundation
system that include one or more retaining walls or other retaining system,
the measurement to establish allowable building height shall be measured
from five (5) feet outside of the retaining wall or system used to support
the building. I
16 01094
pAULSFAQ,
Figure Ma Building Height on Level Lot
rid
Figure 3-1b Building Height on Hillside
(c) 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 § 402.1 (a)(1 1)(C)(ii)) or a qualified nonprofit corporation (as defined
by Rev. & Tax Code § 214.15).
17 01094
(d)
(e)
(2) An application for a two -unit project must be submitted on the city's
approved form. '
(3) The applicant must obtain a certificate of compliance with the Subdivision
Map Act and the implementing regulations in code for the lot and provide
the certificate with the application.
(4) 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.
(5) 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.
Approval.
(1) An application for a two -unit project is approved or denied ministerially, by
the Director of Development Services, without discretionary review.
(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.
Requirements. 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 zoning district. For purposes
of this section, a single-family residential zoning district is a zone where
the only residential use that is allowed as a primary use is a single
residential dwelling on a lot.
(3) Lot Location.
(A) The lot is not located on a site that is any of the following: I
18
01094
' (i) 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.
Wetlands, as defined in the United States Fish and Wildlife
Service Manual, Part 660 FW 2 (June 21, 1993).
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.
(iv) 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.
(v) 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.
(vi) 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
19 01094
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.
(vii) 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.
(viii) 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.
(ix) 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).
(x) 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.
(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
20 01094
' §§ 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 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
(1) less than or equal to 800 and
(11) 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.
21 01094
(C) Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet of
gross area, the maximum building height, as defined in this
section, of the new primary dwelling is 16 feet in height and
may not exceed a single story.
(ii) On a resulting lot that is smaller than 2,000 square feet of
gross area, the maximum building height, as defined in this
section, of the new primary dwelling is 22 feet in height and
shall not exceed two stories. Any portion of a new primary
dwelling footprint that exceeds one story must be stepped
back five feet from the ground floor footprint; no balcony
deck or other portion of the second story may project into the
required 5 -foot stepback area.
(iii) 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. The lot coverage requirements established in Table
3-2 (Development Standards for Residential Districts) in Section 9-
3.301 of this code apply. 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)
Ridgelines. No construction, along with any associated grading, may
occur within 200 feet (horizontal) of a General Plan designated ridgeline,
or as designated on a final City subdivision map in accordance with
required development conditions. 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.
(G) Setbacks.
(i) Generally. All setbacks must conform to those setbacks that
are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subparagraph (e)(6)(F)(i)
above:
22 01094
' (1) Existing Structures. No setback is required from the
new lot split property line 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.
(11) 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 after an urban lot split
must meet the required minimum front setbacks identified in
Table 3-2 (Development Standards for Residential Districts).
The front setback areas must:
(1) be kept free from all structures greater than three feet
' high;
(11) 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 to the front
structure.
(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. No off-street parking spaces are required for new primary
dwelling units that are built on a lot that meets the following:
(i) The lot is located within one-half mile walking distance of
either
(1) 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,
23 01094
(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.
Architecture.
(i) 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.
(ii) If there is no legal primary dwelling on the lot before the two -
unit project, and if two primary dwellings are developed on a
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.
(iii) All exterior lighting must be limited to down -lights.
(iv) 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. Fencing, landscaping, or privacy glass may be
used to provide screening and prevent a direct line of sight.
(v) If any portion of a dwelling is less than 30 feet from a
property line that is not a public right-of-way line, then all
windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at least six
feet above the finished floor, or (for windows and for doors)
utilize frosted or obscure glass.
Landscaping.
(i) Tree Removal.
(1) Notwithstanding the provisions of Section 9-2.349
(Tree Removal Permit), no mature tree may be '
removed on a lot for development under this article
unless removal is necessary for constructing a
24 01094
' minimum size dwelling unit that must be allowed
under state law.
(II) Mature tree means a tree with a diameter of six
inches or more measured three feet above grade.
(III) A tree may only be removed under subparagraph
(e)(6)(1)(i) above if it is replaced with at least two 24 -
inch box size trees of the same tree species as the
removed tree.
(IV) If a qualified tree expert, as defined in Section 9-2.349
(Tree Removal Permit), determines that there is not
enough space on the lot for the replacement trees
that is required under subparagraph (e)(6)(1)(i) above,
then a 1:1 replacement ratio, 15 -gallon size trees, or
different tree species may be used.
(ii) Evergreen landscape screening must be planted and
maintained between each dwelling and adjacent lots (but not
rights of way) as follows:
' (1) 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 six feet tall when
installed. As an alternative, a solid fence of at least 6
feet in height may be installed.
(III) All landscaping must be drought -tolerant.
(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) Notwithstanding paragraph (e)(6)(L)(i) above, a primary
dwelling unit may have a direct utility connection to an onsite
wastewater treatment system 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
25 01094
;O]
percolation test completed within the last five years or, if the
percolation test has been recertified, within the last 10 years. ,
(iii) All utilities for new dwelling units 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.
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 in order to be
eligible for an urban lot split:
(i) It must have direct access to a public right of way with a
paved street with a width of at least 40 feet. The public right
of way must have at least two independent points of access
for fire and life safety to access and for residents to
evacuate.
(ii) All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity I zone.
(iii) All enclosed structures on the site must have fire sprinklers.
(iv) All sides of all dwellings on the site must be within a 150 -foot
hose -pull distance from either the public right of way or of an
onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a
water reservoir of at least 5,000 gallons per dwelling, with
fire -authority approved hookups compatible with fire -
authority standard pump and hose equipment.
(B) Prior to submitting an application for an urban lot split, the applicant
must obtain a certificate of compliance from the city demonstrating
that the developed or vacant lot proposed for an urban lot split
complies with all the applicable fire -hazard mitigation measures
identified in this subpart. 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
and issuance of the certificate of compliance. Failure to pay is '
grounds for denying the application.
26 01094
(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,
(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
27 01094
(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.
(i) 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 Short Term Rentals. 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,
(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
27 01094
(f)
(g)
has no discretion in approving or denying a particular project under
this section. This notice requirement is purely to promote I 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.
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).
(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.
Remedies.
If a two -unit project violates any part of this code or any other legal requirement: '
28
01094
' (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.
r
>(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 of up 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 5. This ordinance takes effect immediately upon its adoption, but with the
terms of the ordinance becoming operative on January 1, 2022.
Section 6. If any provision 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 7. The City Council hereby directs staff to prepare, execute, and file with
the County of Orange Clerk a notice of exemption within five (5) working days of the
adoption of this Ordinance.
Section 8. The Custodian of Records for this Ordinance is the City Clerk and the
records compromising the administrative record for this Ordinance are located at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675.
29 01094
PASSED, APPROVED AND ADOPTED by the City Council of San Juan Capistrano,
California, at a regular meeting of the City Council he o he 7th da f tuber 2021. I
I� A DEREK REEVE, MAYOR
ATTEST:
MARIA -RIS. CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Urgency Ordinance No. 1094 was duly I adopted and passed at the Regular Meeting of the City Council on the 71h day of
December 2021 by the following vote, to wit:
AYES COUNCIL MEMBERS
NOES COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
�V(
CLERK
Taylor, Farias, Bourne, Hart and Mayor Reeve
None
None
30 01094
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 2nd day of December 2021, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AMENDING CHAPTER 4 (SUBDIVISIONS) OF
TITLE 9 (LAND USE) TO ADD ARTICLE 7 (URBAN LOT SPLITS
ALLOWED BY SB 9) AND AMENDING ARTICLE 5 (SUPPLEMENTAL
DISTRICT REGULATIONS) OF TITLE,9 (LAND USE) TO ADD SECTION
9-3.538 (RESIDENTIAL TWO -UNIT PROJECTS ALLOWED BY SB 9);
AND DETERMINING THE ORDINANCt TOE EXEMPT FROM CEQA
This document was posted in the Office of the
MARIAIM�RF�IS, CITY CL
San Juan api rano, Calif
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 91h day of December 2021, 1 caused to be posted a certified copy of Urgency
Ordinance No. 1094, adopted by the City Council on December 7, 2021, entitled:
31
01094
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AMENDING CHAPTER 4 (SUBDIVISIONS) OF '
TITLE 9 (LAND USE) TO ADD ARTICLE 7 (URBAN LOT SPLITS
ALLOWED BY SB 9) AND AMENDING ARTICLE 5 (SUPPLEMENTAL
DISTRICT REGULATIONS) OF TITLE 9 (LAND USE) TO ADD SECTION
9-3.538 (RESIDENTIAL TWO -UNIT PROJECTS ALLOWED BY SB 9);
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
This document was posted in the Office of the C i4dlet� S
MARIAMORRIS, CITY CLER♦C
San Juan Capistrano, California
32 01094