§ 9312.08. RESIDENTIAL ZONES PROPERTY DEVELOPMENT STANDARDS.

• (a) Specific Development Standards. Tables 9.3.3 and 9.3.4 identify the development standards for all of the Residential Zones.

Table 9.3.3. R-1 Zone Property Development Standards

Notes:

• a Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources, for a maximum FAR of 0.50, in accordance with the provisions of Section 9312.08(b)(2).

• b Porch features, such as, but not limited to, entry porches, covered patios, and porte-cocheres, must have a top-of-plate height equal to or less than the first floor top-of-plate height of the main structure, not to exceed 12 feet. Top-of-peak height must be equal to or less than the top-of-peak height of the main structure, not to exceed 16 feet. Slope and pitch must be equal to main structure.

• c Unless the property is identified on the prevailing setback map, as adopted by the Commission, in which case the greater of the two setbacks shall apply.

• d Garage setbacks are subject to Sections 9710 and 9534.22.

• e Any decimal fraction shall be rounded up to the nearest inch.

• f 1st floor side yard setbacks may be reduced subject to Section 9534.

• g Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.

• h Building separation for rear detached garages is also subject to back up triangle requirements located in Section 9710.

Table 9.3.4. R-2, R-3, R-3-O Zone Property Development Standards

Notes:

• a When abutting R-1 or R-2 zoned property, the variable height requirement shall apply in accordance with Section 9534.24.

• b When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: 20 feet for a one story building, 30 feet for a two story building, and 46 feet for a three story building. When the rear yard area abuts a fully dedicated public alley, the following minimum setbacks are required: no setback required for a one story building, 10 feet for a two story building, and 26 feet for a three story building. When the rear yard area abuts another R-3 Zone the following minimum setbacks are required: 10 feet for a one story building, 15 feet for a two story building, and 20 feet for a three story building.

• c When abutting the R-1 Zone, the minimum setback shall be 10 feet.

• d Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.

• e Each additional bedroom over four shall be a minimum of 130 square feet.

• NA = Not Applicable

(b) General Development Standards.

• (1) Residential Uses. No lot, building, or structure shall be used or appear to be used for commercial purposes and shall not involve the conduct of a business nor contain commercial or industrially rated equipment not customarily used in connection with a residential occupancy, nor be used for the storage of vehicles, equipment, or materials not customarily incidental to the residential use.

• (2) Alternative Energy FAR Bonus in the R-1 Zone. Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources. The maximum FAR for the R-1 Zone with the renewable energy bonus is 0.50. The renewable energy sources must provide 50% or greater of a parcel's annual energy requirements.

  • (i) Renewable energy sources include at least one component from (A) and one component from (B) below:

    • (A) Either solar water heating or tankless water heater; and

    • (B) On-site solar photovoltaic or small wind energy applications to provide the remaining renewable energy requirement.

  • (ii) The FAR bonus area shall be incorporated as a one story element in the form of either, but not limited to, a detached accessory building, or incorporation of a front wing, rear wing, side wing, or combination of wings.

• (3) Architecture. The architecture and general appearance of the building shall be in keeping with the character of the neighborhood and such as not to be detrimental to the general welfare of the neighborhood in which they are located. For R-1 zoning, all construction shall utilize Design Guidelines for considerations and recommendations regarding characteristic architectural styles and prevailing neighborhood character.

• (4) Massing. All residential additions, alterations, and modifications shall to the greatest extent possible, avoid excessive massing of the primary structure, through means of varying rooflines, elevations, and other architectural elements (see Figure 9.3.1). Review and approval of massing of buildings shall be subject to the provisions of Section 9820. For R-1 zoning, see Design Guidelines for considerations and recommendations regarding massing and modulation.

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Figure 9.3.1. Mass and Scale

• (5) Multiple-Family Building Placement and Design.

  • (i) Multiple-family buildings shall be designed and located on the site in a manner that avoids long, continuous building walls or "barracks-like" rows of structures that create a "canyon effect." Where multiple units share a common driveway, parking court, or alley, ample space shall be provided to provide vegetation, i.e., shrubs and trees where feasible. Rows of adjacent garages shall be enhanced by architecturally recessing some or all of the garage doors, adding vegetation, or using some other means to lessen the undesirable visual effect of long unbroken planes of garage doors especially where visible from a public right-of-way (see Figure 9.3.2).

• (ii) No multifamily buildings shall exceed 50 feet in any dimension without architectural articulation of the building façade or mass in order to avoid large, unbroken areas.

• (iii) Significant wall articulation (i.e., insets, canopies, wing walls, trellises etc.) and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables shall be used to avoid the box-like appearance of long and unbroken façades, flat walls, and roofs of excessive visual prominence.

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Figure 9.3.2. Building Placement and Design

• (6) Landscaping. Landscaping is required in the front, side, street side and rear yards for all areas not covered by an approved driveway or pedestrian walkway, including but not limited to quantity of trees and three tiered system design, pursuant to Section 9520.

• (7) Front and Street Side Yards. In all residential zones, the front and street side yards shall be landscaped and maintained in good condition and shall be kept free and clear of all construction and automotive materials and parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, junk, equipment, car cover structures or similar materials and shall not be paved except for approved pedestrian walkways, driveways, and patios. Only temporary parking of vehicles pursuant to Section 9710.02(h) shall be allowed in the front yard.

• (i) For properties with a width of 60 feet or greater, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 40% of the area within the total front setback or street side setback.

  • (A) An additional 10% of hardscape shall be allowed in the front setback or street side setback, provided permeable paving surfaces are used. Pervious concrete may not be used as permeable paving.

    • a. A minimum of 50% of the total front setback or street side setback shall remain live vegetation landscape surfaces.

  • (ii) For properties that are less than 60 feet wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 50% of the total front setback or street side setback.

• (9) Privacy. The following techniques are encouraged in residential zones to maximize privacy between adjacent properties (see Figure 9.3.3).

  • (i) Offset or stagger windows facing neighbor's windows;

  • (ii) Use clerestory windows or locate windows high enough in areas with privacy impacts;

  • (iii) Use translucent glass where appropriate;

  • (iv) Use landscaping to provide a buffer between properties;

  • (v) Screen second story balconies and decks from neighboring property by incorporating architectural elements such as opaque balcony railings;

  • (vi) Locate second story balconies and decks to avoid direct sight lines into main windows, yards, or patio area of adjacent property;

  • (vii) Incorporate screening devices such as trellises or awnings to increase privacy where appropriate.

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Figure 9.3.3. Privacy Techniques

• (i) In the R-3 Zone, every lot shall have not less than 200 square feet of usable open space per dwelling unit. Usable open space for the purposes of this section shall mean a consolidated common open area or recreational facility which is designated and intended to be used for outdoor living and which excludes primary walkways, perimeter landscaping, and required setbacks except the rear yard, and said area shall not have a depth or width of less than 15 feet. No portion of off-street parking spaces; driveways; covered pedestrian access ways; or utility areas such as laundries, clothes drying yards, or trash areas shall constitute usable open space.

• (ii) Except for the conditions set forth in Section 9312.08(B)(8)(d), a minimum of 50% of required usable open space shall consist of one or more of the following amenities:

  • (A) Playgrounds, play equipment, and/or tot lots;

  • (B) Recreational facilities – fountains, sculptures, etc.;

  • (C) Swimming pools;

  • (D) Tennis courts, basketball courts, and similar sports courts;

  • (E) Recreational building(s)/room(s);

  • (F) Putting greens;

    • (G) Game areas;

    • (H) Picnic/barbecue areas; and

    • (I) Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.

  • (iii) The remaining required usable open space may be fulfilled by providing one or more of the following amenities:

    • (A) Landscaping;

    • (B) Gardens;

    • (C) Benches; and

    • (D) Secondary walkways or walks.

    • (E) Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.

  • (iv) Up to one-half of the usable open space for each unit may be provided in a private patio or balcony having direct access from the unit; provided, however, no dimension thereof shall be less than 10 feet with a minimum area of 100 square feet. Apartments having seven units or less may provide all of the required open space within private patios provided no dimension is less than 10 feet with a minimum area of 200 square feet.

  • (v) Where usable open space abuts driveways, there shall be provided between such recreational area and the abutting driveway a decorative masonry wall or wrought iron fence not less than three feet in height; where abutting parking areas, there shall be a decorative masonry wall or wrought iron fence with a minimum height of five and one-half feet between such recreational area and the parking area.

  • (vi) Usable open space shall not include any portion of a required yard abutting a street, interior side yard area abutting a main building, off-street parking space, required access, walkway, driveway turn-around area, top roof level of any building, or landscaped area between any accessory buildings, except those portions of any accessory building used for recreational purposes.

• (vii) Usable open space, when abutting R-1 or R-2 Zones, shall provide irrigated landscape planter areas not less than five feet in width. Such planter areas shall be maintained with trees and shrubs not less than six feet in height, when planted, which shall obtain a mature height of not less than 15 feet. At maturity, such landscaping shall provide an uninterrupted screen between the R-3 development and the R-1 and R-2 Zones.

• (11) Site Plan Review. Site Plan Review is required in accordance with the provisions of Section 9820 in the R-3 and the R-3-O Zones.

• (12) Motor Vehicle Repair. Motor vehicle repair may be performed under the following conditions:

  • (i) Repair work shall be restricted to only those motor vehicles currently registered with the California Department of Motor Vehicles to the address in which the repair work is to be conducted.

  • (ii) In those instances where motor vehicles are not currently registered or are registered in states other than California, proof of ownership by the resident of the property shall be provided.

• (13) Recreational Vehicles. In the R-1 and R-2 Zones, self-propelled recreational vehicles, such as motor homes, campers, and vans, having a valid license and being in an operable condition, may be parked on a driveway area within the front yard or street side yard area provided vehicular access to a required garage or carport is not obstructed by such vehicles. Self-propelled and other types of recreational vehicles, including trailers and boats, may be parked or stored on a lot behind the front yard or street side yard area provided vehicular access to a required garage or carport is not obstructed by such vehicles, the vehicles are not parked within a side setback, and they are not parked within five feet of any window or door of a habitable structure. The use of recreational vehicle covers is permitted; however, the covers shall be kept in a well-maintained condition. For the purposes of this section, vehicular access to a required garage or carport shall mean that the garage is fully accessible by a vehicle, without requiring movement of the recreational vehicle (see Figure 9.7.2 for the garage backup triangle).

• (14) Storage Cabinets. In the R-3 Zone, personal property storage cabinets shall be provided for each dwelling unit within each carport and/or garage. Such cabinets shall have not less than 80 cubic feet of area, with a minimum depth of 24 inches, and shall be constructed of one-half inch plywood or other suitable material equipped with hinges and locking devices. The placement of such storage cabinet within the carport or garage shall not interfere with the space required to fully park a vehicle.

• (15) Temporary Structures. In all residential zones, temporary structures, such as canopies, awnings, and the like, shall only be allowed if completely to the rear of the main building. Temporary structures shall not exceed a maximum of 120 square feet or seven feet in height.

• (16) Other Applicable Regulations for Residential Zones. Other applicable regulations in the Residential Zones include, but are not limited to, the supplemental regulations identified in Chapters 4, 5, and 8.

• (i) Any new construction, alteration, and/or addition on a lot, including, but not limited to, a principal residence, second story, detached accessory structure, enclosed patios, and/or porte-cochere shall follow a singular architectural character and style that extends to all building features including faҫades, roof forms and pitches, materials, and detailing that are visible to the public right-ofway and/or abutting properties. An addition should utilize the characteristics of the style of the existing approved home. Portions of structures not visible to the public right-of-way shall incorporate complimentary elements.

• (18) Single Family Additions and Accessory Structures Design.

  • (i) New roofs shall be similar in form, pitch, slope and material with the existing permitted house.

  • (ii) Architectural design shall match style, form, color and material of the existing permitted house and extend to all the exterior portions of the structure that are visible to the public right-of-way and/or visible from adjacent properties. Portions not visible shall incorporate complimentary elements.

• (i) New architecture, front additions altering the entrance of the dwelling, and remodels altering the entrance of the dwelling shall be designed with the front door oriented towards the street.

(20) Flat Roofs.

• (i) For new architecture and alterations in architectural style, flat roof designs may be incorporated when the existing block is characterized by flat roof architectural styles for at least 30% of the houses on the block.

• (ii) For additions, flat roof elements may be incorporated when the existing home is entirely flat roof.

• (iii) Flat roofs shall be permitted for open patios.

• (i) Accessory buildings, including attached accessory uses, shall be limited to a maximum floor area of 700 square feet, and shall be comprised of one open space with no kitchen facilities or bedrooms. Closets shall be allowed, but each is limited to 50 square feet.

  • (ii) One bathroom, laundry facilities, and one wet sink are allowed.

  • (iii) Multiple accessory buildings, including attached accessory uses, shall be allowed.

  • (iv) A covenant and agreement regarding the maintenance of building and use shall be drafted by staff and recorded by the applicant with the Los Angeles County Registrar/Recorder's Office prior to building permit final inspection.

  • (v) This section shall not apply to garages and patio covers.

• (c) Two-Unit Projects.

  • (1) Purpose. The purpose of this section is to allow and appropriately regulate two unit projects in accordance with Government Code Section 65852.21.

  • (2) Definition. A "two unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

• (i) Owners.

  • (A) 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 Revenue and Taxation Code Section 214.15).

  • (B) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

• (ii) An application for a two unit project must be submitted on the City's approved form.

• (iii) The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this Code for the lot and provide the certificate with the application.

• (iv) 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.

• (v) 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.

• (i) An application for a two unit project is approved or denied ministerially, by the planning director, without discretionary review.

  • (ii) 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.

  • (iii) 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.

  • (iv) 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.

• (5) Requirements. A two unit project must satisfy each of the following requirements:

  • (i) Map Act Compliance. The lot must have been legally subdivided.

  • (ii) Zone. The lot is in a single-family residential zone.

• (A) The lot is not located on a site that is any of the following:

  • a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

  • b. A wetland.

  • c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

  • d. A hazardous waste site that has not been cleared for residential use.

  • e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

  • f. Within a 100 year flood hazard area, unless the site has either:

    1. Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

    2. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

  • g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

  • h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

  • i. Habitat for protected species.

  • j. Land under conservation easement.

  • (B) The purpose of subsection (iii)(A) above is merely to summarize the requirements of Government Code Sections 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C).)

  • (C) The applicant must provide evidence that the requirements of Government Code Sections 65913.4(a)(6)(B)–(K) are satisfied.

• (iv) 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.

• (A) 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 policy power.

  • c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections7060–7060.7) 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.

• (B) As part of the two unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (5)(v)(A) above is satisfied.

  • a. The sworn statement must state that:

    1. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

    2. No housing that is subject to any form of rent or price control will be demolished or altered.

    3. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

    4. No housing that has been occupied by a tenant in the last three years will be demolished or altered.

  • b. 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.

(A) Quantity.

• a. 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.

• b. 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.

• a. 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

  2. More than 500 square feet.

• b. 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.

• c. 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.

• a. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

  • b. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor exterior walls; no balcony deck or other portion of the second story may project into the stepback.

  • c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two unit project.

• (D) Demo Cap. The two unit project may not involve the demolition of more than 25% 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. A maximum lot coverage of 45% is permitted. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

• (F) Open Space. Each unit shall be provided with 300 square feet of useable open space; with a minimum side of 10 feet. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

• a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

  • b. Exceptions. Notwithstanding subsection (5)(vi)(G)(a) above:

    1. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

    2. 800 Square Feet; 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.

  • c. Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

    1. Be kept free from all structures greater than three feet high;

    2. Be landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

    3. Allow for vehicular and fire-safety access to the front structure.

• (H) Parking. Each new primary dwelling unit must have at least one enclosed off-street parking space, within a garage, per unit unless one of the following applies:

  • a. The lot is located within one-half (0.5) 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

    2. A site that contains:

       • i. 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.

• a. 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.

  • b. If there is no legal primary dwelling on the lot before the two unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

  • c. All new residential development is subject to compliance with objective R-1 design standards within this chapter. All new residential development is subject to the guideline and objective architecture checklist.

  • d. All exterior lighting must be limited to down-lights.

  • e. 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.

  • f. 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.

• (J) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-ofway) as follows:

  • a. 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 10 linear feet of exterior wall.

  • b. 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.

  • c. All landscaping must be drought-tolerant.

  • d. All landscaping must be from the City's approved plant list.

• (K) Tree Preservation. In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove mature trees on site. A mature tree is defined as trees with a diameter-at-breast-height (DBH) of 19 inches or greater. A removal includes moving a tree or removing more than 1/3 of a tree's vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree.

• (L) Nonconforming Conditions. A two unit project may only be approved if all nonconforming zoning conditions are corrected.

• a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

  • b. Notwithstanding subsection (5)(vi)(M)(a) above, a primary dwelling unit may have a direct utility connection to an on-site 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 on-site 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 must be underground.

• (N) Building and 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.

• (O) LEED Platinum Certification. The property owner must demonstrate that the property has achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings.

• (P) Exceptions to Objective Standards. Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.

  • a. Lot coverage;

  • b. Floor area ratio;

  • c. Open space;

  • d. Tree preservation;

  • e. Articulation;

  • f. Second floor stepback.

• (A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

  • 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 hosepull distance from either the public right-of-way or of an on-site 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.

• (B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subsection. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

• (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.

  • a. 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.

• (A) Residential-Only. No non-residential use is permitted on the lot.

• (B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

• (C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

(x) 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:

  • a. Notice that construction has been authorized,

  • 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 and Safety Department.

  • (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

• (xi) 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.

    • a. Property owner must provide for an inspection by City officials every six months for the first three years to ensure the property owner is living on site. The property owner must pay the special inspection fee as set forth in the City's fee resolution.

  • (E) Limits development of the lot to residential units that comply with the requirements of this section, except as required by State law.

• (i) 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.

  • (ii) "Specific adverse impact" has the same meaning as in Government Code Section 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).

  • (iii) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

• (7) Remedies. If a two unit project violates any part of this Code or any other legal requirement:

  • (i) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

  • (ii) 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.

(Amended by Ord. 1248, adopted 7-28-09; Ord. 21-1462, adopted 5-25-21; Ord. 22-1479, adopted 3-22-22)