Chapter 17.33 — SPECIAL HOUSING REGULATIONS

The purpose of this chapter is to:

• A. Comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing.

• B. Facilitate the production of affordable housing consistent with Government Code Section 65915 on density bonus and other incentives.

• C. Implement the goals, policies and programs of the Housing Element of the Covina General Plan.

• D. Provide temporary shelter for homeless persons or others in need in a manner that protects the health, safety, and general welfare of nearby residents and businesses, consistent with California Government Code Section 65583 .

• (Ord. 20-10 § 11, 2020)

• A. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a site plan review, or tentative map or other land use entitlements that are required by this code. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the city council.

• B. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a site plan review or other land use entitlements that are required by this code.

• C. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

• D. For a housing development qualifying pursuant to the requirements of Government Code Section 65915 , the city shall grant a density bonus in an amount specified by Government Code Section 65915 , as that section may be amended from time to time. Except as otherwise required by Government Code Section 65915 , the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

• E. For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project.

• F. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

• G. The city shall grant the applicant the number of incentives and concessions required by Government Code Section 65915 . The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d) . Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code

Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

• H. Except as restricted by Government Code Section 65915 , the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

  1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

  2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5 , upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

  3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

  4. The waiver or reduction of the development standard would be contrary to state or federal law.

• I. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p) , as that section may be amended from time to time.

• J. The applicant shall comply with all requirements stated in Government Code Section 65915 .

• K. The applicant shall enter into an agreement with the city to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

• L. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

r benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

• M. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915 . If applicable, the applicant must certify that the proposed project meets the replacement unit requirements identified in subparagraph (c)(3) of Government Code Section 65915 or any comparable requirement in Government Code Section 65915 , as it may be amended from time to time.

• N. The provisions of this section shall be interpreted to fulfill the requirements of Government Code Section 65915 . Any changes to that Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

• (Ord. 20-10 § 11, 2020)

This section sets forth the requirements for the establishment and operation of emergency shelters.

• A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:

  1. Permit Required. Emergency shelters may be established and operated in the emergency shelter (ES) overlay district subject to nondiscretionary approval of a site plan review in compliance with Chapter 17.64 CMC;

  2. Management and Operations Plan. An application for a permit to establish and operate an emergency shelter shall be accompanied by a management plan, which should incorporate the following: hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior on-site waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.

• B. Development Standards. In addition to other standards set forth in this code for the underlying zone, emergency shelters shall conform to the following standards.

  1. Maximum of 100 beds.

  2. Minimum separation of 300 feet between emergency shelters.

3. One parking space per four beds, plus one space for each staff member on duty.

(Ord. 20-10 § 11, 2020)

• A. Purpose and Intent. This section sets forth the requirements for the establishment and operation of low barrier navigation centers.

• B. General Standards. A low barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

  1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

  2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

  3. It complies with Chapter 6.5 (commencing with Section 8255 ) of Division 8 of the Welfare and Institutions Code.

  4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

  5. Low barrier navigation centers shall also comply with the standards established for emergency shelters in CMC § 17.33.030 .

• C. Review Process. Low barrier navigation centers may be established and operated subject to nondiscretionary approval of a site plan review in compliance with Chapter 17.64 CMC.

• D. Repeal. This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

• (Ord. 20-10 § 11, 2020)

• [1] CMC § 17.33.040 shall remain in effect until January 1, 2027, per subsection (D) of this section as enacted by Ord. 20-10, at which date it shall be repealed.

• A. Specific Purpose. In conformance with state and federal fair housing laws, this section establishes the city's procedures related to requests for reasonable accommodation from the strict application of the city's land use and zoning regulations to allow disabled persons an equal opportunity to use and enjoy a dwelling.

• B. Definitions.

"Disabled; disabled person"

means a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

"Eligible person"

means a disabled person, a disabled person's representative, or a real estate developer building housing for disabled persons.

"Fair housing laws"

means the "Fair Housing Act" (42 U.S.C. § 3601 et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.

"Major life activity"

means physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

"Physical or mental impairment"

means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc., does not qualify as a physical or mental impairment.

"Reasonable accommodation"

means any deviation requested and/or granted from the city's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

• C. Requesting Reasonable Accommodation.

  1. In order to make housing available to disabled persons, any eligible person may request a reasonable accommodation from the strict application of land use, zoning and building regulations, policies, practices and procedures.

  2. Requests for a reasonable accommodation shall be submitted on an application form established by the community development director.

3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by state or federal law.

   4. A request for a reasonable accommodation from the strict application of the city's regulations, policies, practices or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect a person's obligations to comply with other applicable regulations not at issue in the requested accommodation.

• D. Reviewing Authority.

  1. Requests for a reasonable accommodation shall be reviewed by the community development director using the criteria set forth in subsection (C) of this section. The community development director may, in his or her discretion, refer applications to the planning commission for consideration.

  2. The community development director may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection (E) of this section.

  3. If necessary to reach a determination on the request for reasonable accommodation and consistent with fair housing laws, the community development director may request additional information from the applicant.

• E. Required Findings. The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following findings can be made:

  1. The dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person;

  2. The requested accommodation is necessary to make housing available to a disabled person;

  3. The requested accommodation will not impose an undue financial or administrative burden on the city; and

  4. The requested accommodation will not require a fundamental alteration in the nature of the city's zoning ordinance.

• F. Written Decision.

  1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings required by subsection (E) of this section. All written decisions shall give notice of the applicant's right to appeal and to request a reasonable accommodation in the appeals process. The notice of decision shall be sent to the applicant by certified mail.

  2. The written decision shall be final, unless the applicant appeals the decision pursuant to CMC § 17.64.080 .

  3. While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property shall remain in full force and effect.

• G. Expiration.

  1. A reasonable accommodation shall lapse if the exercise of rights does not occur within 180 days after the issuance of the final decision.

  2. The rights conferred by an approved accommodation shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the director makes either of the following findings:

• a. That such accommodation is physically integrated with the property and cannot feasibly be removed or altered; or

  - b. The property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling. The community development director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within 30 days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. 
  

• (Ord. 20-10 § 11, 2020)

• A. Purpose – Applicability – Definitions – Interpretation.

  1. Purpose. The purpose is to comply with California Government Code Sections 65852.21 and 66411.7 and appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones.

  2. Applicability. The standards and limitations outlined in this section shall apply to SB 9 twounit residential developments and urban lot splits within a single-family residential zone in the city, notwithstanding any other conflicting provisions of the Covina Municipal Code ("CMC"). In case of conflicts between the provisions of this section and any other provisions of the CMC, the provisions of this section shall prevail. If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

  3. Definitions. The following terms shall have the following meanings:

     • a. "ADU" and "JADU" shall have the meanings ascribed to these terms in Chapter 17.69 CMC (Accessory Dwelling Units and Junior Accessory Dwelling Units).

     • b. "New primary dwelling unit" shall mean creating a new, additional dwelling unit or expanding an existing dwelling unit. ADU or a JADU does not constitute a new primary dwelling unit.

     • c. "Single-family residential zone" includes the A-1, A-2, E-1, E-1/2, E-2-1/2, R-1-20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts.

     • d. "SB 9"

means Senate Bill No. 9, Statutes of 2021, Chapter 162 (2021). The bill amended Government Code Section 66452.6 and added Government Code Sections 65852.21 and 66411.7 .

• e. "SB 9 two-unit residential development"

  • shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21 . A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.

• f. "Urban lot split"

shall mean a parcel map subdivision permitted according to the regulations outlined in Government Code Section 66411 that creates no more than two parcels of approximately equal size.

  - g. **"Lot area"** 

     - shall mean the total area measured horizontally within the lot lines and shall not have a slope steeper than 4:1 (four feet horizontal to one foot vertical). 

4. Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The city shall not apply any requirement or development standard provided for in this section to the extent prohibited by any provision of state law.

• B. Permit Application and Review Procedures.

1. Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

   2. Review. Consistent with state law, the chief planning official will consider and approve or disapprove a complete application for an SB 9 two-unit residential development, or an urban lot split ministerially, without discretionary review or public hearing.

   3. Nonconforming Conditions.

      • a. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected.

      • b. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

   4. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until all required documents have been recorded and submitted to the city.

   5. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the city, its officers, agents, employees, and consultants from all claims and damages (including attorneys' fees) related to the approval and its subject matter.

   6. Denial Based on Specific, Adverse Impacts. Notwithstanding anything else in this section, the building official may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes both of the following written findings, based on a preponderance of the evidence, that: (a) the project would have a

specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5 , upon either public health and safety or on the physical environment and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

• C. Qualifying Requirements. A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements to qualify for a ministerial review according to the provisions of this section. The applicant shall be responsible to demonstrate to the reasonable satisfaction of the chief planning official that each of these requirements is satisfied. The applicant and each property owner shall provide a sworn statement, in a form approved by the chief planning official, attesting to all facts necessary to establish that each requirement is met.

  1. The subject property shall be located within a single-family residential zone.

2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4 , unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4 .

   3. The proposed development shall not be located within a historic district or on the property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.

   4. The proposed development shall not require the demolition or alteration of 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.

   5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

   6. The proposed development shall not involve the demolition of more than 25 percent of the exterior walls of an existing dwelling.

   7. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.

   8. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.

   9. In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.

   10. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.

   11. Except where superseded by this section, development shall comply with the objective standards of the zone in which the lot is located.

• D. Number of Dwelling Units Permitted on a Lot.

  1. Notwithstanding any other provisions of the CMC, state law requires the city to permit a lot located within a single-family residential zone to contain up to two primary dwelling units. The two units must be developed and maintained to comply with the requirements outlined in this section.

2. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subsection, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. Examples are as follows:

   • a. One primary dwelling unit and one ADU (detached or attached); or

   • b. One primary dwelling unit and one JADU; or

   • c. Two dwelling units.

The combination of two dwelling units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.

• E. Separate Conveyance.

  1. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.

  2. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.

• F. Residential Use Only. Nonresidential use is not permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.

• G. No Short-Term Rentals Permitted. The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.

• H. Housing Crisis Act Replacement Housing Obligations. If the proposed development results in the demolition of protected housing, as defined in California Government Code Section 66300 , the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed according to subsection (d) of Government Code Section 66300 .

• I. Development and Objective Design Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the development and design standards outlined in this section. In addition, except as modified or provided by this section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as outlined in this section and all applicable objective standards and criteria contained in standard plans and specifications, policies, and standard conditions duly promulgated and adopted by the city, and the Los Angeles County fire department.

  1. Development Standards.

2. Setbacks.

   • a. The following are minimum setbacks from the property lines for each new primary dwelling unit and new detached garage and accessory structures:

• b. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.

  • c. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:

    • i. No increased setback is required for an existing structure or for a new primary dwelling unit that is constructed in the same location and to the same dimensions as an existing structure.

    • ii. A required minimum setback may be reduced if it would physically preclude the development or maintenance of two dwelling units on a lot, or physically preclude any new primary dwelling unit from being 800 square feet in floor area, but must comply with building codes.

    • iii. Permitted Projections Into Required Yards. The following architectural features may project into any required setback a maximum of two feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and similar architectural projections with no floor area, including, but not limited to, windows and pilasters. Architectural projections must comply with distance separation from building walls or property lines as required by building codes.

3. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private open space of 200 square feet. The private open space area shall be open and unobstructed from the ground to the sky. The private open space may be located within the interior side or rear setback areas.

4. Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. Each development shall comply with Chapter 17.82 CMC, Water-Efficient Landscape Regulations.

5. Perimeter Block Walls. Each development shall provide a perimeter wall with a maximum height of six feet, as measured from the finished grade next to the wall, including any

retaining wall portion and up to the top of the wall. Perimeter block walls shall comply with the following requirements:

• a. All perimeter walls shall comply with the requirements as contained in CMC § 17.26.180 through 17.26.210 (walls, fences, and hedges).

• b. The property owner shall work with the adjoining property owners to design and construct the perimeter block walls to avoid double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.

• c. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or splitface block, or a combination of said materials.

• d. Perimeter walls within the 25 feet front yard setback area shall not exceed three feet in height from the finished surface.

6. Off-Street Parking.

   • a. Required Parking. Provide one off-street parking space for each new primary dwelling unit unless one of the following applies:

• i. The lot is located within one-half mile walking distance of either (A) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, including Covina Metrolink Station, or (B) a major transit stop as defined in Section 21064.3 of the California Public Resources Code, including Foothill Transit Center.

  - ii. The lot is located within one block of a car-share vehicle location. 
  

  • b. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.

  • c. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking. Open parking spaces may be located within the side or rear setbacks.

  • d. All required parking spaces shall be nine feet in width and 19 feet in depth, unobstructed.

  • e. Each enclosed garage shall maintain the minimum interior parking dimensions of nine feet in width by 19 feet in depth, unobstructed. No storage cabinets or mechanical equipment, including, but not limited to, water heaters, utility sinks, washers and dryers, solar power battery pack, or similar equipment, shall encroach into the required parking area.

7. Unit Design Standards.

   • a. If the lot contains an existing primary dwelling that was legally established prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional 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 dominant feature of the roof.

   • b. If two new primary dwelling units are to be developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

   • c. Each new primary dwelling unit shall have the main entry clearly defined, and to the extent possible, shall orient directly toward the street(s) to provide consistency with the neighborhood. Provide a covered entry to the dwelling unit with a minimum depth of

three feet. Each covered entry shall be proportionate to the building and incorporate architectural features consistent with the overall building design.

8. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area.

9. Water Heaters. Each new primary dwelling unit shall have a separate hot water facility. No exterior water heater enclosures shall be permitted.

10. Mechanical Equipment, Metering Devices. Roof-mounted mechanical equipment is not permitted. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan and, to the extent possible, be placed outside the required front setback area. If mechanical equipment or metering devices are located between a structure and the property line, provide an unobstructed three-foot-wide path.

11. Access and Circulation.

• a. Provide adequate on-site vehicular access, circulation, back-up, and turn-around areas that comply with applicable city standards.

• b. The minimum street frontage for a flag lot is 20 feet. If the lot depth of the new parcel in the rear (flag lot) is more than 150 feet, the minimum street frontage must be 25 feet.

• c. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.

• d. Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Los Angeles County fire department must confirm that all applicable fire and emergency access requirements are met before the city will approve an application.

12. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and nonrecyclable solid waste ("trash containers") and shall be stored within designated storage areas only.

13. Utilities.

• a. Each primary dwelling unit on a lot must have its direct utility connection to the utility/public service provider. However, all new utilities must be undergrounded.

• b. The property owner/applicant must obtain all necessary and required easements for providing electricity, gas, water, sewer, and other utility or public service to the lot before issuing any permits for any dwelling unit, in compliance with subsections (J) , (K) and (L) of this section.

• c. Submitted plans shall show the location and dimension of all proposed above-ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.

14. Building and Safety. All structures built on the lot must comply with current local building standards.

15. Grading. Grading, filling, excavating and construction activities must comply with health and safety requirements of California Building and Grading Standards. The maximum encroachment into any four to one (4:1) or greater slopes shall not exceed a distance of six feet.

16. Drainage and Stormwater Management. Each lot will drain to the street or an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to city-maintained storm drains within the city right-of-way shall comply with applicable city standards. SB 9 two-unit residential developments and the development on lots created through an urban lot split are subject to Chapter 8.50 CMC ("Storm Water Quality and Urban Runoff Control"). They must comply with all applicable, related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.

17. Exceptions to Objective Standards.

  - a. The chief planning official shall approve an exception to any of the standards specified in this section or any applicable objective zoning, subdivision, or design standards upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area to the extent necessary to allow the development of two primary residential units (800 square feet each) on a lot according to this section. The city prioritizes some objective development standards over others, as provided in the priority below. In applying the exceptions required by this section, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two 800-square-foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. The city prioritizes the following standards in the following descending order of priority, with the first development standard listed having the highest priority: 

     - i. Lot width; 

     - ii. Building height; 

     - iii. Front setback; 

     - iv. Maximum front setback coverage (50 percent); 

     - v. Open space (200 square feet); 

     - vi. Lot coverage (50 percent). 

  - b. The following standards and requirements of this section will not be waived or modified: 

     - i. Building code requirements; 

     - ii. Federal requirements; and 

     - iii. Other standards imposed by state law, including but not limited to SB 9.

• c. As part of its application, the applicant shall provide a written explanation that (i) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (ii) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area, and (iii) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.

• J. Additional Requirements for Urban Lot Splits.

  1. Approval. An application for a parcel map for an urban lot split is approved or denied ministerially, by the chief planning official, without discretionary review.

  2. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing provisions in the CMC, except as otherwise provided in this section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of off-site improvements is required solely for an urban lot split.

  3. Lot Size and Lot Area. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area; provided, that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet. Lot area must comply with the definition contained in CMC § 17.04.360 .

  4. Easements.

     • a. The owner must enter into an easement agreement with each utility/public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the lots resulting from the urban lot split ("resulting lots").

     • b. Each easement must be shown on the tentative parcel map and the final parcel map.

     • c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel is approved and recorded with the office of the county recorder.

  5. Lot Access.

     • a. Each resulting lot must adjoin the public right-of-way.

     • b. Each resulting lot must have frontage on the public right-of-way of at least 20 feet. If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.

6. Improvements Required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the city, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the city's approval of such related improvement plans and all related entitlements or other approvals required by this code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the city in accordance with the applicable requirements of this code.

   7. Required Affidavit. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the applicant for a parcel map for an urban lot split must sign an affidavit provided by the city 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 final parcel map for the urban lot split is approved.

• K. Compliance with Emergency Access and Service Requirements. Development of a lot pursuant to this section must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Los Angeles County fire department intended to ensure sufficient emergency access is provided or maintained. Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide city with written confirmation from the Los Angeles County fire department that the proposed development complies with all such requirements.

• L. Deed Restriction. Prior to approval of a parcel map for an urban lot split or the issuance of a building permit, whichever comes first, for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the chief planning official, and that does each of the following:

  1. Rental Terms. Expressly requires that the rental of any dwelling unit on the property shall be for a term longer than 30 consecutive days.

  2. Expressly prohibits any nonresidential use of the lot.

  3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

  4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

  5. Expressly prohibits condominium airspace divisions and common interest developments on the property.

6. States that the property was formed and developed according to the provisions of SB 9 and this section and is therefore subject to the city regulations outlined in this section, including all applicable limits on dwelling size and development.

   7. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

   8. Expressly prohibits any subsequent urban lot split for lots that were previously created by an urban lot split under SB 9.

   9. States (a) that the deed restriction is for the benefit of and is enforceable by the city; (b) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (c) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (d) that, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys' fees and court costs; and (e) that the deed restriction may not be modified or terminated without the prior written consent of the chief planning official.

• M. Fees. Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the city.

• N. Objective Standard Conditions. The chief planning official is authorized to promulgate objective standard conditions implementing this section, which are consistent with applicable provisions of CMC and state law, that shall apply to the application and development of two-unit developments and urban lot splits, and to publish such standard conditions on the city's internet website. Applicants must comply with all objective standard conditions duly promulgated by the chief planning official and published on the city's internet website.

• O. Expiration of Approval. The approval of an SB 9 two-unit residential development shall become null and void if construction is not commenced within two years of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.

• (Ord. 23-02 § 13, 2023)

Chapter 17.34. C-P COMMERCIAL, ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE

The C-P commercial, administrative and professional office zone is intended to provide for the development of an integrated office and professional zone wherein all of the related types of uses and facilities may be located. (1964 Code Appx. A § 7.00)

Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following purposes, plus such other uses as the commission and council may deem (pursuant to Chapter 17.60 CMC) to be similar and not more obnoxious or detrimental to the public health, safety and welfare. Uses shall be subject to the property development standards of CMC § 17.34.050 through 17.34.220 :

• A. Office and service uses (which no chattels or goods, wares or merchandise are manufactured or sold):

  1. Administrative and professional offices,

  2. Ambulance service,

  3. Dental clinic,

  4. Emergency medical clinic,

  5. General research, not involving manufacturing, fabrication or processing or sale of products listed in any commercial or manufacturing zone,

  6. Hospitals,

  7. Laboratories, biological, medical, dental and X-ray,

  8. Dental and therapeutic clinics,

  9. Medical office or medical clinics, which, notwithstanding the gross floor area requirements set forth in subsections (C) and (D) of this section, may include the following ancillary uses, provided such ancillary uses are located on the same lot and are related to the medical office or medical clinic use: cafes, pharmacies, flower shops, gift shops, farmers' markets, and conference rooms,

  10. Notary public,

  11. Optometrists,

  12. Podiatrist,

  13. Real estate appraiser,

  14. Real estate broker,

  15. Stock exchange and broker,

  16. Surgery or surgical center – medical;

  17. Tax consulting and accounting services;

• B. Other:

  1. Churches,

  2. Libraries and reading rooms,

  3. Museum,

  4. Off-street parking facilities when operating in conjunction with a permitted use,

  5. Private dance only when conducted in conjunction with a church or public school;

• C. Related Uses, Including Limited Commercial. The following uses shall be permitted only when operated within a totally enclosed building having more than 5,000 square feet of gross floor area, when 90 percent of the gross floor area in a building having a gross floor area between 5,001 and 10,000 square feet is utilized for those uses permitted in subsections (A) and (B) of this section; when 80 percent of the gross floor area in a building having a gross floor area between 10,001 and 20,000 square feet is utilized for those uses permitted in subsections (A) and (B) of this section; or when 70 percent of a building having a gross floor area in excess of 20,001 square feet is utilized for those uses permitted in subsections (A) and (B) :

  1. Medical equipment and supplies,

  2. Orthopedic equipment and supplies,

  3. Pharmacy;

• D. Commercial Uses. The following uses shall be permitted only when operated within a totally enclosed building having more than 15,000 square feet of gross floor area, when 95 percent of the gross floor area in the building is utilized for those uses permitted in subsections (A) , (B) and (C) of this section; or when 85 percent of the building having a gross floor area in excess of 25,001 square feet is utilized for those uses permitted in subsections (A) , (B) and (C) of this section:

  1. Barber and/or beauty shop;

  2. Book and/or stationery shop;

  3. Coffee shop;

  4. Confectionery shop;

  5. Employment agency;

  6. Florist;

  7. Gift shop;

  8. Mimeographing;

  9. Office supply store;

10. Restaurant, tearoom, cafe; provided no dancing or theatrical performances are permitted. (Ord. 19-04 § 7, 2019; Ord. 19-01 §§ 6 – 8, 2019; Ord. 14-2031 § 1, 2014; Ord. 14-2030 § 2, 2014; Ord. 11-1997 § 3, 2011; Ord. 1693 §§ 1, 2, 1989; Ord. 1671 § 1, 1988; Ord. 1535 § 4, 1983; Ord. 1180 §§ 1, 2, 1972; 1964 Code Appx. A § 7.01)

The following uses may be permitted subject to a conditional use permit as provided for in Chapter 17.62 CMC:

• A. Call office for delivery of laundry and/or dry cleaning;

• B. Convalescent hospital, assisted living facility, memory care facility, skilled nursing care facility, and similar uses;

• C. Conversion of residential buildings to nonresidential uses subject to CMC § 17.76.010 through 17.76.040 ;

• D. Day nursery;

• E. Educational or health activities including private schools, trade schools and health spas;

• F. Electrical distribution and public utility substation;

• G. Hotel; or hotel with on-sale liquor as an ancillary use, subject to the provisions of CMC § 17.62.026 ;

• H. Liquor, on-sale in conjunction with a bona fide eating establishment;

• I. Off-sale beer and wine in conjunction with a gift shop or delicatessen, subject to the provisions of CMC § 17.62.026 ;

• J. Public parking lot.

(Ord. 19-04 §§ 8, 9, 2019; Ord. 19-01 § 9, 2019; Ord. 11-1997 § 4, 2011; Ord. 01-1884 § 3, 2001; Ord. 1712 § 1, 1990; Ord. 1671 § 1, 1988; Ord. 1597 § 1, 1985; Ord. 1535 § 5, 1983; 1964 Code Appx. A § 7.02)

The following uses are expressly prohibited in the C-P zone, except as otherwise provided in CMC § 17.34.020 :

• A. Residence;

• B. Any combination of residential and nonresidential uses in any building or structure or on any lot;

• C. Industrial uses;

• D. Retail and commercial uses other than those specifically listed or provided for in CMC § 17.34.020 and 17.34.030 ;

• E. Sale or consumption of alcoholic beverages;

• F. Adult bookstore, adult mini-motion picture theater, adult motion picture arcade, adult motion picture theater and massage establishment:

  1. Located within 500 feet of any area zoned for residential use,

  2. Located within 500 feet of the property line of any of the following uses or facilities:

     • a. Church or other facility used primarily for worship or other religious purposes,

     • b. City, county, state, federal or other governmental public buildings, including, but not limited to: city halls, schools, libraries, police and fire stations and post offices,

     • c. Hospital and convalescent facilities,

     • d. Parks and playgrounds,

     • e. Senior, youth or similar centers;

(Ord. 19-01 § 10, 2019; Ord. 1438 § 1, 1979; 1964 Code Appx. A § 7.03)

G. Massage establishment.

For residential uses the property development standards of the RD-1500 zone shall apply.

The property development standards contained in CMC § 17.34.060 through 17.34.220 shall apply to all nonresidential land and buildings in the C-P zone. (1964 Code Appx. A § 7.04)

There are no lot area provisions in the C-P zone. (1964 Code Appx. A § 7.04)

There are no provisions on this subject in the C-P zone. (1964 Code Appx. A § 7.04)

There are no population density provisions for the C-P zone. (1964 Code Appx. A § 7.04)

No building or structure erected in this zone shall have a height greater than 50 feet except by conditional use permit. (1964 Code Appx. A § 7.04)

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, roof signs when permitted in the zone, chimneys, water tanks or similar structures, when approved by the commission, may be erected above the height limits herein prescribed; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No penthouse or roof structures, or other space above the height limit, shall be allowed for the purpose of providing additional floor space. All roof equipment and machinery shall be entirely screened from view with a screening device utilizing materials which are compatible to the materials used on the building. (Ord. 11-1996 § 5, 2011; Ord. 1543 § 5, 1983; 1964 Code Appx. A § 7.04)

Yards shall be measured perpendicular to the property line or from the future right-of-way line as established by the general plan for an existing right-of-way.

• A. When the C-P zone fronts, sides or rears on a street, except as provided in subsection (C) of this section, there shall be a yard abutting the street of not less than 10 feet. The required yard shall be landscaped and maintained. If across a local street from a residential or agricultural zone, except as provided in subsection (C) of this section, a wall not less than five feet nor more than six feet in height shall be erected on the setback line where there is no building on the line and where there is parking, loading or storage to the rear of the line.

• B. When the C-P zone abuts a residential or agricultural zone, there shall be a yard of not less than 10 feet abutting the zone boundary, except where the C-P zone abuts a public park no yard shall be required. The required yard may be used for parking, loading, access or storage; provided, items are not stored higher than the required wall. A solid masonry wall not less than five feet nor more than six feet in height shall be erected on the zone boundary line.

• C. When the C-P zone fronts directly on a public park or fronts on a street which is a boundary with a public park, there shall be a yard abutting the street of not less than 10 feet. The required yard may be landscaped or used for parking; however, it shall not be used for loading or storage. A wall of not less than five feet nor more than six feet in height shall be erected on the setback line where there is loading or storage to the rear of the line.

• D. A swimming pool shall not be located in any required yard abutting a street, and in no case shall it be located less than five feet from any side or rear property line not abutting a street. It shall be entirely enclosed as required in CMC § 17.34.150 .

• E. All utility equipment and machinery located in yards shall be screened behind enclosures that are architecturally compatible with the adjacent building or shall be screened by landscaping.

• (Ord. 1543 § 6, 1983; 1964 Code Appx. A § 7.04)

There are no provisions on this subject for the C-P zone. (1964 Code Appx. A § 7.04)

Walls shall be erected as required in CMC § 17.34.110 in connection with yards when the zone adjoins a residential and/or agricultural zone. Walls shall be reduced to not more than three feet in height in any required yard abutting a street, in the area defined by a line which is the prolongation of the front yard required in the abutting residential or agricultural zone, and shall conform to corner cutback provisions, CMC § 17.34.160 and 17.34.170 . (1964 Code Appx. A § 7.04)

A fence or wall not more than six feet in height may be required along the perimeter of all areas which by reason of the conditions on the property or physical hazards, such as frequent inundation, erosion, excavation or grade separation, are considered by the commission to be dangerous to the health and safety.

(1964 Code Appx. A § 7.04)

Swimming pool areas shall be entirely enclosed by buildings or by fences or walls not less than five feet nor more than six feet in height around the deck area related to the pool. The fence or wall shall be equipped with self-closing and self-latching gates or doors, the latching device being located not less than four feet 10 inches above the ground. All fencing must be in place and approved before the water is run into the pool. All lighting of pool area shall be so arranged as to reflect the light away from adjoining properties.

(1964 Code Appx. A § 7.04)

The following regulations shall apply to all intersections of streets, alleys and/or private driveways in order to provide adequate visibility for vehicular and pedestrian traffic. There shall be no visual obstruction within the cutback areas established herein:

• A. There shall be a corner cutback area at all intersecting and intercepting streets and/or alleys. The cutback line shall be in a horizontal plane, making an angle of 45 degrees with the side, front or rear property line, as the case may be. It shall pass through the closest intersection of yard setback lines at the corner of the lot where visibility is required;

• B. There shall be a corner cutback area on each side of any private driveway intersecting a street or alley. The cutback lines shall be in a horizontal plane, making an angle of 45 degrees with side, front or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway where it intersects the street or alley right-of-way;

• C. Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, the corner cutback shall be defined by a line drawn from a point on the front (or rear) property line that is not less than 17 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than 17 feet from the intersection of the side and front (or rear) property lines.

• (1964 Code Appx. A § 7.04)

• A. Fences, hedges, walls and retaining walls not greater than six feet in height shall be permitted on or within all property lines not abutting streets and on or to the rear of all yard setback lines of yards abutting streets.

• B. Fences, hedges, walls and retaining walls not over three feet in height shall be permitted in required yards abutting streets. In any required corner cutback area, only openwork fences shall be permitted. Walls, hedges and other visual obstructions are prohibited.

• C. To enclose tennis courts or other game areas located within the rear half of the lot, fences over six feet in height shall be permitted; provided, that portion of the fence which is higher than six feet shall be composed of wire mesh or other material whose vertical surface is not more than 10 percent solid.

(1964 Code Appx. A § 7.04)

The provisions of CMC § 17.72.010 through 17.72.120 shall apply. (1964 Code Appx. A § 7.04)

There shall be adequate vehicular access to off-street parking facilities from a dedicated street, service road or alley. The design of the access shall conform to all standards and specifications of the city.

(1964 Code Appx. A § 7.04)

The provisions of Chapter 17.74 CMC shall apply. (1964 Code Appx. A § 7.04)

• A. Each business shall be permitted one pedestrian-oriented sign per entrance, to be mounted flat against the building or suspended from an overhanging architectural feature which is an integral part of the building. Such sign may not exceed six square feet per face.

• B. Each business shall be permitted one sign per occupancy frontage when mounted flat or against the building or one projecting sign not more than two feet in to the public right-of-way and not to project above the roofline of the building. The overall area devoted to signs may not exceed 10 percent of the area of the first story height of the building. Each side of the projecting sign shall be included in the maximum overall area allowed.

• C. When the principal building rears onto a public entrance directly serving those areas, an additional sign may be erected at that entrance. The area devoted to such sign shall not exceed six percent of the rear face of the building to the first story height, and such sign must be mounted flat against the building.

• D. Each property with a building setback of at least 10 feet and having a lot frontage greater than 45 feet shall be permitted one monument sign. Such sign shall not be closer than 50 feet from any other sign on the same side of the street and shall not exceed an area of 15 square feet per face nor an overall height of four feet.

• E. Architectural projections and/or awnings attached to the building and extending into the public right-of-way will be allowed signing along the border trim. The maximum size of copy to be an eight-inch letter, but in no case can the copy exceed 40 percent of the border trim. Any border sign will be in place of the building face sign. Any border sign extending over public right-of-way perpendicular to the building face will be considered as a pedestrian sign.

• F. Each business shall be permitted two window signs per occupancy. Such signs shall not exceed 20 percent of the window space in which they are displayed. Each sign shall be of a permanent nature and not painted, pasted, taped or affixed in any way to the window surface except as allowed by CMC § 17.74.020 .

• (Ord. 01-1879 § 1, 2001; Ord. 1392 § 2, 1978; 1964 Code Appx. A § 7.04)

The provisions of CMC § 17.72.130 and 17.72.140 shall apply. (1964 Code Appx. A § 7.04)

The provisions of Chapter 17.64 CMC shall apply. (1964 Code Appx. A § 7.05)