The purpose of these standards is to establish procedures and standards for SB 9 housing developments in single-family residential zoning districts (R-R, R-R-O, R-1, R-D, and R-A) pursuant to Government Code Section 65852.21. These standards supplement and are in addition to the zoning standards in Title 9 of the Jurupa Valley Municipal Code.

Except as expressly provided in this chapter or Government Code Section 65852.21, all other regulations of the underlying zone of a property shall apply, along with all other applicable regulations from the Jurupa Valley Municipal Code. If a conflict occurs between this chapter and other provisions contained within the Jurupa Valley Municipal Code, this chapter shall govern.

(Ord. No. 2023-17, § 6(Exh. B), 12-7-2023)

A.

Proposed SB 9 housing developments shall be permitted by right subject to ministerial review, with no hearing, by the Community Development Director or his or her designee to determine whether the criteria for approval have been met.

B.

Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations.

C.

The city may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

(Ord. No. 2023-17, § 6(Exh. B), 12-7-2023)

All SB 9 housing developments shall comply with the following standards:

(1)

The parcel must be located within a single-family residential zone. For purpose of this chapter, single-family residential zoning districts include: R-R, R-R-O, R-1, R-D, and R-A.

(2)

A SB 9 housing development shall not be permitted on a parcel located in:

(a)

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 State Department of Conservation.

(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 Government Code Section 51178, or within the state responsibility area, as defined in Public Resources Code Section 4102. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (i) Public Resources Code Section 4291 or Section 51182, as applicable; (ii) Public Resources Section 4290; (iii) California Building Code Chapter 7A (Title 24 of the California Code of Regulations).

(d)

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

(e)

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 I of Title 2 of the Government Code.

(f)

A special flood hazard area subject to inundation by the one (1) percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the city, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(g)

A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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.

(k)

A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the city.

(3)

Short term rentals for periods less than thirty (30) days of any units on the site shall be prohibited.

(4)

One (1) off-street parking space is required for each unit, unless the parcel upon which the unit is created is within one-half (½) mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one (1) block of the project. Required parking for an urban lot split lot shall be accessed via an alley, if there is an alley adjacent to the lot.

(5)

Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way.

(6)

All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

(7)

Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. Access to the public right-of-way shall be maintained in perpetuity.

(8)

One (1) driveway per street frontage with a minimum three-foot-wide on-site landscape strip between the driveway and side lot line for the entire length of the driveway. The maximum width of any driveway shall not be more than thirty (30) feet. More than one (1) driveway may be permitted per street frontage for multi-family development or on a property that has a street frontage width of eighty (80) feet or more. The total width of driveway approach(es) shall be less than forty-five (45) percent of the lot frontage. Multiple family developments shall provide a commercial driveway approach in accordance with County Standard No. 207A. Where two (2) or more driveways serve a residential development, the minimum distance between the nearest points of the two (2) driveways shall be at least twenty (20) feet measured from the full height top of curb of each driveway.

(9)

More than twenty-five (25) percent of the exterior structural walls of a primary dwelling shall not be demolished if the primary dwelling has been occupied by a tenant in the three (3) years prior to the submission of an SB 9 housing development application.

(10)

A setback of four (4) feet from the side and rear lot lines is required for all units, except that no setback shall be required for an existing structure or a structure constructed in the same area and to the same dimensions as an existing structure.

(11)

No ADU or JADU shall be allowed on parcels that use both the authority contained within the Government Code Section 65852.21 and the authority contained in Government Code Section 66411.7.

(12)

A SB 9 housing development shall not require the demolition or alteration of any of the following:

(a)

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

(b)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

(c)

Housing that has been occupied by a tenant in the three (3) years prior to the submission of an SB 9 housing development application.

(d)

Housing units removed from the rental market under the Ellis Act within the fifteen (15) years prior to the submission of an SB 9 housing development application.

(13)

For residential units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

(14)

An urban lot split processed in accordance with Jurupa Valley Municipal Code Chapter 7.85 shall comply with SB 9 and the standards set forth in this chapter.

(15)

Except as expressly provided in this chapter or Government Code Section 65852.21, all other applicable regulations from the Jurupa Valley Municipal Code, including Titles 7 (Subdivisions), 8 (Buildings and Construction) and 9 (Planning and Zoning) and any regulations of the underlying zoning district, shall apply, along with all objective requirements of other applicable state law.

(Ord. No. 2023-17, § 6(Exh. B), 12-7-2023; Ord. No. 2025-23, § 3, 10-16-2025)

The Community Development Director shall approve an exception to any of the standards specified in this chapter upon determining that complying with the standard would physically preclude the construction of up to two (2) residential units per lot or would physically preclude either of the two (2) residential units from being eight hundred (800) square feet in floor area.

(Ord. No. 2023-17, § 6(Exh. B), 12-7-2023)

The Building Official may deny an application for an SB 9 housing development upon making both of the following findings in writing based upon a preponderance of evidence:

(1)

The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2); and

(2)

There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 2023-17, § 6(Exh. B), 12-7-2023)