Lancaster Municipal Code § 17.41.056 Approval

The purpose of this article (Sections 17.41.050 through 17.41.058) is to allow and appropriately regulate two-unit projects in single-family residential zones (rural residential RR-2.5, rural residential RR-1, semi-rural residential SRR, residential R-15,000, residential R-10,000, and residential R-7,000) in accordance with Government Code Section 65852.21.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A. "Accessory dwelling unit" (ADU) shall have the same meaning as specified in Section 17.41.012.

B. "Dwelling unit" shall have the same meaning as specified in Section 17.04.240.

C. "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, limited partnership, limited liability company, C corporation, S corporation) except for a community-based land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified non-profit corporation (as defined by Section 214.15).

D. "Junior accessory dwelling unit" (JADU) shall have the same meeting as specified in Section 17.41.012.

E. "Primary dwelling unit" means a single-family residence on the parcel and is the larger of the 2 if there is an existing accessory dwelling unit on the parcel.

F. "Two-unit project" means the development of 2 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.

G. "Urban lot split" shall have the same meaning as specified in Section 16.17.020.A.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A. Only an individual property owner may apply for a two-unit project.

B. An application for a two-unit project must be submitted on the city's approved form. Only a complete application will be considered.

C. The applicant must obtain a certificate of compliance pursuant to the subdivision map act for the lot and provide the certificate with the application for a two-unit project.

D. 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 submittal.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A. An application for a two-unit project is approved or denied ministerially by the community development director without discretionary review.

B. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents, including but not limited to, deed restrictions and easements, have been recorded.

C. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A two-unit project must satisfy each of the following requirements:

A. Subdivision Map Act Compliance. The lot must have been legally subdivided.

B. Zone. The lot is in a single-family residential zone (rural residential RR-2.5, rural residential RR-1, semi-rural residential SRR, residential R-15,000, residential R-10,000, and residential R-7,000).

C. Lot Location. Two-unit project lot shall not be located on a site that is any of the following:

1. Prime farmland, farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring program of the department of conservation, or land that is zoned or designated for agricultural protection or preservation by a local ballot measure.

2. A wetland that would prevent development of the two-unit project lot.

3. Within a high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or as indicated on maps adopted by the said department pursuant to Public Resources Code Section 51179(b), unless the site complies with all fire hazard mitigation measures required by existing building standards or state fire mitigation measures applicable to development.

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

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

6. Within a 100-year flood hazard area as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. However, a development may be located on a lot described herein if the lot is otherwise eligible for approval under the provisions of this code and the applicant is able to satisfy all applicable federal qualifying criteria demonstrating the site has either:

a. Been subject to a letter of map revision prepared by FEMA and issued to the city; or

b. Meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 and Part 60 of Subchapter 8 of Chapter 1 of Title 44 of the Code of Federal Regulations.

7. Within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with § 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

8. Encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the Federal Endangered Species Act, or other adopted natural resource protection plan.

9. Containing habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act, the State Endangered Species Act, or the Native Plant Protection Act that would prevent development of the site.

10. Areas encumbered by a recorded easement that would prevent development of the site.

11. Containing a residential use in a zone other than those stated herein.

D. No Impact on Protected Housing.

1. 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, as defined by the state.

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

c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060—7060.7) at any time in the 15 years prior to submission of the two-unit project.

d. Housing that has been occupied by a tenant in the last 3 years.

2. As part of the two-unit project application, the applicant and the owner of the property must provide a sworn statement by affidavit representing and warranting that this subsection 17.041.058.D is satisfied. The sworn statement must state that:

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

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

c. 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.

d. No housing that has been occupied by a tenant in the last 3 years will be demolished or altered.

3. 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. The city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.

E. Existing Structures. The proposed dwelling unit development shall not include the demolition of more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last 3 years.

F. Unit Standards. The two-unit project shall comply with all of the following standards. Notwithstanding any provisions in this subsection, and with the exception of side and rear yard setbacks, any of the following development or design standards that physically preclude the development of 2 dwelling units from each being 800 square feet in floor area, as determined by the director of community development shall be waived.

1. Quantity.

a. No more than 2 dwelling units of any kind may be built as part of a two-unit project.

b. The following development is permitted on each lot, including each of the 2 lots resulting from an urban lot split:

1. One attached duplex unit; or

2. Two primary dwelling units; or

3. A primary dwelling unit and an ADU; or

4. A primary dwelling unit and a JADU.

2. Structures. Structures shall not be located in areas encumbered by a recorded easement.

3. Unit Size.

a. The total floor area of each primary dwelling that is developed under this section must be less than or equal to 800 square feet and more than 500 square feet.

b. A primary dwelling that was legally established prior to the two-unit project and that is larger than 800 square feet is limited to the maximum floor area allowed for that zone at the time of the urban lot split. It shall 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 but no greater.

d. Basements shall not be permitted.

e. The combined maximum floor area on the lot, inclusive of both units, shall be 1,700 square feet.

f. If the lot is fully developed with the number of units permitted under this article, then the applicant or property owner shall record a deed restriction in a form approved by the city attorney's office stipulating that no further development on the lot is permitted.

4. Height Restrictions.

a. No new primary dwelling unit shall exceed a single story.

b. No new primary dwelling unit shall exceed 22 feet in height measured from natural grade to peak of the structure.

c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from the provisions of this article.

5. Lot Coverage. Development shall not exceed 50% lot coverage.

6. Setbacks. All setbacks must conform to those objective setbacks of the underlying zone, except for the following:

a. 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.

b. Side and Rear Setbacks. Setback areas shall be a minimum 4 feet from a side or rear property line.

c. Front Setback. Notwithstanding any other part of this code, dwellings that are constructed pursuant to this article shall be at least 25 feet from the front property line. The front setback area must:

1. Be kept free from all structures higher than 3 feet;

2. Be at least 50% 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 dwelling unit; and

4. All portions of the dwelling units constructed pursuant to this article, including eave overhangs and other projections, shall meet the required setbacks as set forth in this section.

7. Parking. At least one off-street parking space shall be provided per dwelling unit, unless either of the following applies:

a. The lot is located within one-half mile walking distance of either a high-quality transit corridor according to subdivision (b) of Section 21155 of the Public Resources Code with fixed route bus service with service intervals of no longer than 15 minutes during peak commute hours, or a major transit stop consisting of an existing rail or bus rapid transit station, as defined in Section 21064.3 of the Public Resources Code.

b. There is a car share vehicle located within one block of the lot.

8. Driveways.

a. Driveway access to all new units shall comply with city standard details and specifications for driveways and turnarounds.

b. A two-unit project shall be constructed on a lot that has access to, provides access to, or adjoins, a public right-of-way. Any urban lot split created shall ensure that each lot has access to, provides access to, or adjoins a public right-of-way.

9. Design Standards. The objective design standards in Article IV of this Chapter (Chapter 17.41) shall apply to all dwellings except accessory dwelling units. If there is a conflict between this Article and Article IV, this Article shall prevail. Accessory dwelling units are subject to Chapter 17.41, Article I.

10. Landscaping. Evergreen landscape screening shall be planted and maintained between each detached dwelling unit and adjacent lots, but not rights-of-way, as follows:

a. At least one 15-gallon size plant or tree shall be provided for every 5 linear feet of exterior wall, or at least one 24-inch box size plant or tree shall be provided for every 10 linear feet of exterior wall, or a solid fence of at least 6 feet in height shall be installed.

b. All landscaping shall be drought tolerant.

c. All landscaping shall be from the city's approved plant list.

G. Nonconforming Conditions. A two-unit project may be approved without requiring a legal nonconforming zoning condition to be corrected.

H. Utilities.

1. All dwelling units shall be connected to public water utilities and to either public sewer or an onsite wastewater treatment system.

2. Each primary dwelling unit must have its own direct utility connection to the utility service provider.

3. Each dwelling unit that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.

4. All electric and utility services to a new dwelling unit shall be underground.

I. Building and Safety. All structures built on the lot must comply with all current city building standards.

J. Regulation of Uses.

1. Residential Only. No non-residential use shall be permitted on the lot except home occupations pursuant to Lancaster Municipal Code Section 17.08.200 (Home Occupations).

2. Short-Term Rentals. No dwelling unit on a lot shall be rented for a period of less than 30 days.

3. Owner Occupancy. The 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. In the case of an urban lot split, the property owner shall occupy at least one of the units for a period of not less than 3 years.

K. Notice of Construction.

1. At least 30 business days before starting any construction of a two-unit project, the property owner shall provide written notice to all the owners of record of each adjacent lot that is zoned for residential use, which notice shall include the following information:

a. Statement that construction has been authorized;

b. Anticipated construction start and end dates;

c. Hours of construction;

d. Contact information for the project manager for construction related complaints; and

e. Contact information for the building and safety department.

2. The notice requirement is solely for informational purposes and does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

L. Deed Restriction. The owner shall record a deed restriction, acceptable to the city, on each two-unit project lot that provides each of the following:

1. Expressly prohibits any rental of any dwelling unit on the property for a period of less than 30 days.

2. Expressly prohibits any non-residential use of the lots.

3. Expressly prohibits any separate conveyance of a primary dwelling unit on the property, any separate fee interest, and any common interest development within the lot.

4. States that development on the lot is limited to the dwelling units under Section 17.41.058.F.1 except as required by state law.

M. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in 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 either (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

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

N. Remedies. If a two-unit project violates any part of this code or any other legal requirement, the following apply:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to avoid the deed, sale, or contract.

2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

b. Bring an action for other legal, equitable, or summary remedy, including but not limited to, 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 $10,000.00, 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.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)