Article 23-21 — CONSISTENCY WITH COUNTY HAZARDOUS WASTE MANAGEMENT PLAN

All applicable zoning, conditional use permit and variance decisions and determinations by the City shall be consistent with the applicable portions of the approved County of Orange Hazardous Waste Management Plan which identify general areas or siting criteria for hazardous waste facilities.

(Ord. #92-405, § 1)

ARTICLE 23-22. - ACCESSORY DWELLING UNITS[[5]]

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Footnotes:

Editor's note— Ord. No. 2023-629, § 3, adopted June 27, 2023, repealed the former Article 23-22, §§ 2322.1—23-22.4, and enacted a new Article 23-22 as set out herein. The former Article 23-22 pertained to similar subject matter and derived from Ord. No. 95-430 and Ord. No. 2005-514; and Ord. No. 2018-608, § 4, adopted May 22, 2018.

In accordance with California Government Code §§ 65852.1, 65852.2, and 65852.22, the City intends for this article to provide for the creation of accessory dwelling units on properties zoned for residential and mixed use. The purpose of this article is to provide for additional housing opportunities for development of low- and moderate-income housing for the community in keeping with the Housing Element of the Villa Park General Plan and State law.

(Ord. #2023-629, § 3)

a.

The following definitions shall apply to this Article:

1.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

(a)

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

(b)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

2.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

3.

"Junior accessory dwelling unit" means a unit that is at least one hundred fifty (150) square feet and no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A

junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

4.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics but does not include a garage or any accessory structure.

5.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.

6.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

7.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes.

8.

"Tandem parking" means that one (1) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

b.

An accessory dwelling unit that conforms to the requirements of this Article shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use that is consistent with the existing general plan and zoning designations for the lot.

c.

In accordance with State law, this Article shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(Ord. #2023-629, § 3)

Applications for accessory dwelling units that are consistent with the provisions of this Article will be considered as ministerial actions requiring the issuance of a building permit. The Planning Department shall approve or disapprove an application for an accessory dwelling unit permit within sixty (60) days after receiving the complete application except when the accessory dwelling unit is proposed in conjunction with a proposed new single-family dwelling unit, in which case the Planning Department may delay acting on the

accessory dwelling unit until the single-family dwelling is approved. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay. A building permit shall only be issued upon finding that the plan for the accessory dwelling unit complies with all requirements of this Article.

(Ord. #2023-629, § 3)

The applicant for an accessory dwelling unit shall be the owner of the primary dwelling of the lot on which the accessory dwelling unit is proposed to be established, or his/her/their authorized agent. Additionally, the lot on which the accessory dwelling unit is proposed to be established shall:

a.

Be located in a zoning district allowing for residential dwelling units.

b.

Contain, or propose to establish, one (1) residential dwelling unit, which is the primary dwelling, and which conforms to all applicable zoning regulations for the zoning district in which the lot is located except as modified herein. However, per State law, between January 1, 2020 and January 1, 2025, the City shall not require the correction of nonconforming zoning issues as a condition for approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

c.

Have no more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit located on it at any time.

(Ord. #2023-629, § 3)

Sec. 23-22.5. - Standards and Criteria for Accessory Dwelling Units within Existing Structures.

a.

The following standards and criteria shall apply to all accessory dwelling units to be located within the proposed or existing space of a single-family dwelling, or within existing accessory structures, including garages, storage areas, or similar uses:

1.

The accessory dwelling unit is located within the proposed space of a new single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the physical dimensions as of the existing structure to accommodate ingress and egress only;

2.

Maintains independent exterior access from the proposed or existing single-family dwelling;

3.

Maintains sufficient side and rear setbacks for fire and safety as determined by the Building Official. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

(Ord. #2023-629, § 3)

Sec. 23-22.6. - Standards and Criteria for Accessory Dwelling Units.

The following standards and criteria shall apply to all proposed accessory dwelling units. Notwithstanding these requirements, all residential lots shall be permitted to develop at least one (1) attached or detached accessory dwelling unit.

a)

Location on Lot. An accessory dwelling unit may be permanently attached or detached from the primary dwelling.

b)

Height, Setback, and Building Separation. Unless otherwise specified in this Article, an accessory dwelling unit, including conversion of existing space within a primary dwelling, shall comply with the height, setback, and building separation standards of the applicable zoning district in which the lot is located.

c)

Size Limitations and Lot Coverage.

1.

Accessory dwelling units shall not exceed the following size restrictions:

(a)

For properties under one (1) acre in size, one thousand two hundred (1,200) square feet for detached accessory dwelling units. One thousand two hundred (1,200) square feet for attached accessory dwelling units, or fifty (50) percent of the primary unit, whichever is less.

(b)

For properties one (1) acre and larger in size, one thousand five hundred (1,500) square feet for detached accessory dwelling units. One thousand five hundred (1,500) square feet for attached accessory dwelling units, or fifty (50) percent of the primary unit, whichever is less.

(c)

Five hundred (500) square feet for junior accessory dwelling units.

(d)

Attached ADUs shall be subject to relevant zoning height restrictions. Detached one (1) story ADUs shall be no taller than sixteen (16) feet in height, however ADUs within one-half (½) mile walking distance of a major transit stop or high-quality transit corridor may be permitted to a height of eighteen (18) feet, including ADUs with a roof pitch matching the existing or proposed primary dwelling unit.

(e)

Two (2) story detached ADUs shall be permitted to a maximum roof height of thirty (30) feet.

(f)

Roof overhangs for detached ADUs may project up to thirty (30) inches into any required setback area.

2.

Accessory dwelling units shall be a minimum of one hundred fifty (150) square feet.

3.

ADUs eight hundred (800) square feet and smaller shall not count towards lot coverage or FAR requirements. ADUs exceeding eight hundred (800) square feet in size shall count towards lot coverage and FAR requirements for their applicable zone.

d.

Parking. One (1) parking space shall be required for attached and single story detached accessory dwelling units. Existing parking may count toward this requirement, and the parking space may be provided as tandem parking on a driveway. One (1) additional parking space shall be required for detached two-story accessory dwelling units. Notwithstanding this parking requirement, the City shall not impose parking standards for an accessory dwelling unit in any of the following instances:

1.

The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.

2.

The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

3.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

4.

When there is a car share vehicle located within one (1) block of the accessory dwelling unit.

Additionally, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, no off-street replacement parking spaces shall be required.

e.

Setbacks. All attached accessory dwelling units shall maintain the front yard setback for the applicable zoning district in which the lot is located. Attached ADUs and single story detached ADUs shall maintain a minimum four-foot setback on the side and rear yards for an accessory dwelling unit not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. Two story detached accessory dwelling units shall maintain a ten-foot side and rear yard setback. All detached ADUs shall maintain fifty-foot front yard setbacks, however the front yard setback shall not unduly constrain the creation of ADUs. The Planning Department shall determine if a front yard setback is unduly constraining the creation of an ADU.

f.

Same owner-occupancy requirements shall not be required as provided by California Government Code Section 65852.2.

g.

Rental Term. No portion of a property containing an accessory dwelling unit may be rented for a term of less than thirty (30) days.

h.

Mobile Homes/Recreational Vehicles. Neither the primary dwelling nor the proposed accessory dwelling unit shall be a mobile home or recreational vehicle, unless as otherwise specified herein.

i.

Exterior Design. The design of the accessory dwelling unit, including, but not limited to, building form, materials, exterior finishes, color scheme, and landscaping shall be substantially similar to the primary dwelling.

j.

Unless otherwise specified by this Article or State law, accessory dwelling units shall comply with all provisions of the underlying zoning district and all regulations required for the primary single-family dwelling unit, including but not limited to all applicable building and construction requirements. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

k.

An address shall be obtained for all new ADUs separate from the main dwelling, with the exception of junior ADUs.

l.

Sale of ADUs. The City of Villa Park does not allow the separate sale of ADUs under AB 1033.

(Ord. #2023-629, § 3; Ord. #2023-630, § 2)

Sec. 23-22.7. - Standards and Criteria for Junior Accessory Dwelling Units.

The following requirements shall apply to junior accessory dwelling units:

a.

Only one (1) junior accessory dwelling unit may be constructed per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

b.

Same owner-occupancy shall not be required in the single-family residence in which the junior accessory dwelling unit will be permitted.

c.

A junior accessory dwelling unit may only be permitted to be constructed within the walls of a proposed or existing residence.

d.

A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing residence.

e.

A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

f.

No additional parking is required for a junior accessory dwelling unit.

g.

The following are perpetual requirements that run with the land, and a restrictive covenant establishing the following requirements shall be recorded, with proof of recordation presented to the Planning Department, prior to issuance of a final building permit for the junior accessory dwelling unit:

1.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future owners.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Article.

(Ord. #2023-629, § 3; Ord. #2023-630, § 2)

a.

Accessory dwelling units shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities unless the accessory dwelling unit was constructed with a new single family dwelling.

b.

The City shall not impose any impact fee upon the development of an accessory dwelling unit that is less than seven hundred fifty (750) square feet in size. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

c.

The Planning Department shall waive all planning processing and building plan check fees for an accessory dwelling unit or junior accessory dwelling unit in any of the following situations:

1.

The applicant voluntarily records a perpetual restrictive covenant running with the land that establishes that the owner of the property on which the accessory dwelling unit and/or junior accessory dwelling unit is located shall reside in one (1) of the dwelling units on the property as the principal residence as long as the condition of the accessory dwelling unit and/or junior accessory dwelling unit remains on the property. This covenant shall be recorded, with proof of recordation presented to the Planning Department, prior to issuance of a final building permit for the accessory dwelling unit.

2.

When an existing garage or carport is converted to an accessory dwelling unit and/or junior accessory dwelling unit and the applicant voluntarily provides replacement parking spaces for at least two (2) on-site covered parking spaces for the primary residence in conformance with Article 23-15.

(Ord. #2023-629, § 3)

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ARTICLE 23-23. - SITE PLAN REVIEW

Sec. 23-23.1. - Purpose.

The site plan review procedure enables the Planning Director to check development proposals for conformity with the provisions of this article and for the manner in which they are applied, when no other application is required under this title.

(Ord. #2002-482, § 9; Ord. #2005-515, § 1)

a.

Unless otherwise specified in this article, a site plan review application shall be required for all new development. The applicant shall submit the site plan review application to the Planning Director and shall pay a fee as established by resolution of the City Council. If, after review, it is determined by the Planning Director that the development is required to be processed with a Conditional Use Permit or Variance, the fee paid by the applicant shall be applied to any application required under a Conditional Use Permit or Variance. The Planning Director shall determine the number of site plan copies required.

b.

No building or grading permit shall be issued until all applicable site plans have been approved in accordance with this section and no building permit shall be finalized or certificate of occupancy issued unless the development complies with the approved site plan as conditioned.

c.

The site plan shall indicate the following information clearly and with full dimensions, unless the Planning Director waives the requirement for particular information:

1.

Lot dimensions;

2.

The location, size, height, proposed use and location of doors on all buildings and structures;

3.

Yards and space between buildings;

4.

The location, height and materials of walls, fences, and landscaping;

5.

The location, dimensions of parking area, number of spaces, arrangement of spaces, and internal circulation pattern of off-street parking;

6.

Pedestrian, vehicular and service access and definitions of all points of ingress and egress;

7.

The location, size, height and method of illumination of signs;

The location, dimensions, number of spaces, internal circulation and access from public streets of loading facilities;

9.

The general nature, location, and hooding devices of lighting;

Proposed street dedications and improvements;

11.

Landscaping, if required by the provisions of this Article;

12.

The type, location, and height of screen devices of outdoor storage and activities, if permitted in the zone;

13.

Drainage and grading;

14.

Waste disposal facilities;

Location of utility poles;

16.

Location of any easements;

17.

Elevations from which to determine architectural style; and

18.

Such other data as may be required by the Planning Director to assist in review of the plan.

(Ord. #2002-482, § 9; Ord. #2005-515, § 1)

Sec. 23-23.3. - Review.

a.

Unless otherwise specified in this article, the site plan shall be reviewed by the Planning Director for conformity with the provisions of this Article.

b.

The Planning Director shall review each application for conformity with applicable Villa Park Municipal Code provisions.

c.

The Planning Director shall review each application for architectural considerations in order to preserve the architectural integrity of a predominant style and/or to consider compatibility with surrounding homes within a neighborhood. The Planning Director may seek third party advice or counsel, to include subcommittees as created by the City Council, to determine architectural integrity and that the style is compatible with the predominant style of the subject neighborhood. When this chapter or any other provision of law requires a ministerial review process, the review of architectural style and neighborhood compatibility shall be limited to a determination whether the materials and design of the proposed structure would substantially comply with applicable design standards and shall not constitute a "project" for purposes of Section 21000 et seq. of the Public Resources Code.

d.

If the proposal, with any changes noted by the City, is fully consistent with the provisions of this Article, the Planning Director or a staff member, authorized by the Director, shall sign the site plan to indicate site plan review approval and shall notify the applicant of such.

e.

If the proposal, as determined by the Planning Director, is not consistent with the provisions and intent of this Article, the Planning Director shall request modifications as deemed necessary in order to conform the application to said Article. Noncompliance by the applicant shall be deemed as a withdrawal of the Site Plan Review Application.

(Ord. #2005-515, § 1; Ord. #2018-608, § 3)

Sec. 23-23.4. - Appeal to City Council.

a.

A Site Plan Review Application determined to require modifications for architectural consideration may be appealed to the City Council.

b.

As set by City Council resolution, a fee shall be paid and an application for appeal shall be made within ten (10) calendar days of the request for modification by the Planning Director.

(Ord. #2005-515, § 1)

Sec. 23-23.5. - Public Hearing.

The City Council shall hold at least one (1) public hearing on each application for appeal. The hearing shall be set and notice given as prescribed in subsection 23-23.6. At the public hearing, the Council shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the application, its consistency with the objectives of this Code and the General Plan, and conditions under which it would preserve the architectural integrity of a predominant style and/or compatibility with surrounding homes within a neighborhood, particularly with respect to the findings prescribed in subsection 23-23.8.

(Ord. #2005-515, § 1)

The City Clerk shall set the time and place of public hearings required by this chapter to be held by the City Council, provided that the Council may change the time or place of a hearing. However, the Council shall hold a public hearing within forty (40) days after the application for an appeal has been filed unless the applicant shall consent to an extension of time. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by posting the subject property and posting a public notice in a conspicuous place at City Hall. When the hearing concerns a matter other than an amendment to the text of this Chapter, notices of public hearings before the City Council shall be mailed to all persons whose names appear on the latest adopted Tax Roll of Orange County as owning property within three hundred (300) feet of the exterior boundaries of the property that is the subject of the hearing.

(Ord. #2005-515, § 1)

Sec. 23-23.7. - Action of the City Council on Appeals.

Within thirty-one (31) days following the closing of the public hearing on an appeal application, the City Council shall act on the application. The Council may grant by resolution, adopted by at least three (3) affirmative votes, a Site Plan Review as it was applied for or in a modified form, or the application may be denied. Appeals may be granted subject to such conditions as the Council may deem necessary to insure the preservation of the architectural integrity of a predominant style and/or compatibility with surrounding homes within a neighborhood, compatibility of the use with surrounding developments and uses, and to preserve the public health, safety and welfare.

(Ord. #2005-515, § 1)

Sec. 23-23.8. - Findings—Site Plan Review Appeals.

The City Council may grant an appeal prescribed by this Chapter if, on the basis of application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in paragraphs a., b., or c. below do apply.

a.

The architectural integrity of an established neighborhood is not diminished or substantially changed based on the proposed application.

b.

The proposed development is in general conformity with the predominant style or is reasonably compatible with a theme of styles present in the neighborhood.

c.

The neighborhood is deemed to be of transitory nature in which the proposed architectural style, if reasonably believed to be replicated within the neighborhood, may lead to a subsequent predominant style.

(Ord. #2005-515, § 1)

ARTICLE 23-24. - URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS PURSUANT TO CALIFORNIA SENATE BILL 9 (SB 9)

Sec. 23-24.1. - Urban Lot Splits Pursuant to SB 9.

Sec. 23-24.1.1. - Purpose.

The purpose of this article is to allow and appropriately regulate urban lot splits in accordance with California Government Code Section 66411.7.

(Ord. #2022-624, § 4)

Sec. 23-24.1.2. - Definition.

An "urban lot split" means the subdivision of an existing, legally subdivided lot into two (2) lots in accordance with the requirements of this article.

(Ord. #2022-624, § 4)

Sec. 23.24.1.3. - Application.

A.

Only individual property owners may apply for an urban lot split. "Individual property owner" means a 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 Tax Code § 402.1(a)(11)(C)(i)) or a qualified nonprofit corporation (as defined by § 214.15).

B.

An application for an urban lot split shall be submitted on the city's approved form.

C.

The applicant shall provide evidence to the city that the subject lot has been legally subdivided as part of the application submittal.

D.

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(Ord. #2022-624, § 4)

Sec. 23-24.1.4. - Approval.

A.

An application for a parcel map for an urban lot split is approved or denied ministerially by the City Engineer, without discretionary review.

B.

A tentative parcel map for an urban lot split is approved ministerially, if it complies with all of the requirements of this article. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the individual property owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three (3) months after approval, if not recorded.

C.

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

D.

The approval shall require the individual property owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this article.

(Ord. #2022-624, § 4)

An urban lot split shall satisfy each of the following requirements:

A.

Subdivision Map Act Compliance.

1.

The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et. seq., "SMA"), including implementing requirements in this article, except as otherwise expressly provided in this section.

2.

If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

a.

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

b.

The city has all the remedies available to it under the SMA.

3.

Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

B.

Zone. The lot to be split shall be located in the single-family residential zones.

C.

Lot Location. The lot to be split shall not located on a site that is described by any of the subparagraphs of the California Government Code Section 65913.4(a)(6)(B)-(K).

D.

No Prior Lot Split.

1.

The lot to be split was not established through a prior urban lot split.

2.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the individual property owner of the lot to be split or by any person acting in concert with the individual property owner.

E.

No Impact on Protected Housing.

1.

Housing that is income-restricted for households of moderate, low, or very low income or housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

2.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7067.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

3.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying the owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F.

Lot Size.

1.

The lot to be split shall be a minimum of two thousand four hundred (2,400) square feet in size.

2.

The resulting lots shall each be a minimum of one thousand two hundred (1,200) square feet in size.

3.

Each of the resulting lots shall be between sixty (60) percent and forty (40) percent of the original lot area.

G.

Easements.

1.

The individual property owner shall enter into an easement agreement with each public service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2.

Each easement shall be shown on the tentative parcel map.

3.

Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property prior to the final map is approved.

H.

Lot Access. Each resulting lot shall have access to or adjoin the public right-of-way and each shall have at least ten (10) feet of frontage on a public right-of-way.

I.

Separate Conveyance.

1.

Within a resulting lot.

a.

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

c.

All fee interest in a lot and all dwelling units on the lot shall be held equally and undivided by all individual property owners.

2.

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwelling units or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that are necessary to allocate rights and responsibilities between the owners of the two lots.

(Ord. #2022-624, § 4)

Sec. 23-24.2. - Two-Unit Developments Pursuant to SB 9. Sec. 23-24.2.1. - Purpose.

The purpose of this article is to allow and appropriately regulate two-unit developments in accordance with Government Code Section 65852.21.

(Ord. #2022-624, § 4)

Sec. 23-24.2.2. - Definition.

A "two-unit project" means the development of two (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 article.

(Ord. #2022-624, § 4)

Sec. 23.24.2.3. - Application.

A.

Only individual property owners may apply for an urban lot split. "Individual property owner" means a 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 Tax Code § 402.1(a)(11)(C)(i)) or a qualified nonprofit corporation (as defined by § 214.15).

B.

An application for a two-unit project shall be submitted on the city's approved form.

C.

The applicant shall provide evidence to the city that the subject lot has been legally subdivided as part of the application submittal.

D.

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(Ord. #2022-624, § 4)

Sec. 23-24.2.4. - Approval.

A.

An application for a two-unit project is approved or denied ministerially by the Planning Manager, 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 have been recorded, such as the deed restriction and easements.

C.

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

D.

The approval shall require the individual property owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this article.

(Ord. #2022-624, § 4)

Sec. 23-24.2.5. - Requirements.

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

A.

Subdivision Map Act Compliance. The lot shall have been legally subdivided.

B.

Zone. The lot to be split shall be located in the single-family residential zones.

C.

Lot Location. The lot to be split shall not located on a site that is described by any of the subparagraphs of the California Government Code Section 65913.4(a)(6)(B)-(K).

D.

No Prior Lot Split.

1.

The lot to be split was not established through a prior urban lot split.

2.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the individual property owner of the lot to be split or by any person acting in concert with the individual property owner.

E.

No Impact on Protected Housing.

1.

Housing that is income-restricted for households of moderate, low, or very low income.

2.

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

3.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7067.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

4.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying the owners of nearby properties;

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

F.

Dwelling Unit Standards.

1.

Quantity.

a.

No more than two (2) dwelling units of any kind shall 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 article, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).

b.

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall not be permitted in association with lots or units created pursuant to SB 9, if three (3) units on that lot would result.

2.

Unit Size.

a.

The total floor area of each primary dwelling unit that is developed under this article shall be less than or equal to eight hundred (800) square feet and more than five hundred (500) square feet.

b.

A primary dwelling unit that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The dwelling unit shall not be expanded.

c.

A primary dwelling unit that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two-unit project.

3.

Setbacks.

a.

Generally. All setbacks shall comply with the minimum setback requirements of the applicable zoning district that the lot is located in except as follows.

b.

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.

c.

Interior Side Yard and Rear Yard Setbacks. Dwelling units shall provide a minimum of four (4) feet interior side yard and interior rear yard setbacks from the property line.

d.

Exterior Side Yard and Rear Yard Setbacks (abutting public rights-of-way, i.e., streets, sidewalks, etc.). Dwelling units shall provide a minimum of ten (10) feet exterior side yard and exterior rear yard setbacks from the property line.

4.

Building Separation. The horizontal distance required between structures shall be in accordance with the most current California Building Code requirements and regulations.

5.

Lot Coverage. Two-unit developments shall comply with the maximum allowable lot coverage requirement of the applicable zoning district that the lot is located in.

6.

Floor Area Ratio (FAR). Two-unit developments shall comply with the maximum allowable floor area ratio requirement of the applicable zoning district that the lot is located in.

7.

Building Height. Maximum building height/stories shall be sixteen (16) feet and shall be limited to one (1) story.

No rooftop deck, balcony or similar construction on any new or remodeled dwelling unit or structure shall be permitted on a lot with a two-unit project.

8.

Parking. SB 9 housing developments shall provide one (1) parking space, accessed by a minimum 12-foot wide by 20-foot-long driveway, unless the parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor, a major transit stop, or within one block of a car share vehicle. A covered parking space, i.e., garage, carport, is preferred, but not required.

9.

Demolition Cap. The two-unit project shall not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the lot has not been occupied by a tenant in the last three (3) years.

10.

Nonconforming Conditions. A two-unit project shall only be approved if all nonconforming zoning conditions are corrected.

11.

Utilities. Each primary dwelling unit on the lot shall have its own direct utility connection to the utility provider.

G.

Objective Design Standards. The following objective design standards shall apply to all SB 9 single-family dwelling units, and to associated on-site improvements:

1.

Housing units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other.

2.

Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color palate. Firewalls are not exempt from the required design elements.

3.

At least two (2) building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least twenty (20) percent of the building frontage.

4.

At least two (2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

5.

Trash receptables locations shall be identified on the project plans and shall demonstrate screening from public view via equivalent height landscaping, or a solid wall or fence.

The main entry shall not be the garage door and shall be prominently placed on the building elevation facing the street.

7.

Linear streetscape appearance in the building façade shall be avoided by providing variations in horizontal place in a minimum of fifty (50) percent of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two (2) feet or greater. Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight (8) feet in height and project a minimum of eight (8) inches from the building face.

8.

Units shall include a minimum of three (3) elements from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms:

a.

Eaves;

b.

Cornices;

c.

Trellises;

d.

Overhangs;

e.

Exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.

9.

Primary interior living spaces (bedrooms and living areas) shall be offset a minimum of eight (8) feet from a facing neighboring primary interior space on the same story.

10.

A minimum of eight (8) feet shall be maintained between any primary interior living space (bedroom and living area) and an existing neighboring primary living space on the same story.

11.

Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two (2) inches in depth.

No building façade may extend in a continuous plane for more than twenty (20) feet without a window, door, variation in horizontal plane, or vertical architectural element.

13.

A minimum of three (3) foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway and the subject site. For flag lots, the planter shall only be required adjacent to the property not part of the project. Within the planter area, landscaping shall be maintained at a height of no greater than forty-two (42) inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.

14.

Driveways to required parking shall not be asphalt, shall be a minimum of twelve (12) feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on-site covered parking space and are not electing to included covered parking. Controlled or restricted entrances to required, or provided parking are prohibited.

15.

Solar panels shall be required for any SB 9 housing development to an extent sufficient to meet the electrical load demand of each unit.

16.

Mobile homes and recreational vehicles shall not be used as an SB 9 housing development.

H.

Fire Prevention Measures. All dwelling units on the lot shall comply with current fire code requirements.

I.

Separate Conveyance.

1.

Primary dwelling units on the lot shall not be owned or conveyed separately from each other.

2.

Condominium airspace divisions and common interest developments shall not be permitted within the lot.

3.

All fee interest in the lot and all the dwelling units shall be held equally and undivided by all individual property owners.

J.

Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:

1.

Owner of the property shall occupy one (1) of the dwelling units constructed upon a parcel created by an SB 9 urban lot split for a period of three (3) years from the date of approval of the SB 9 lot split as his or her primary residence.

2.

Expressly prohibits any rental of any dwelling unit on the lot for a period of less than thirty (30) days.

3.

Expressly prohibits any non-residential use of the lot.

4.

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

5.

States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling unit size and development.

K.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this article, 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 two-unit project would have a specific, adverse impact on either public health and safety or 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 § 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 of 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).

(Ord. #2022-624, § 4)

ARTICLE 23-25. - WALL AND FENCE REQUIREMENTS[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. #2024-632, §2, adopted Aug. 27, 2024, amended Art. 23-25 in its entirety to read as herein set out. Former Art. 23-25, §§ 23-25.1—23-25.7, pertained to general fence requirements, and derived from Ord. #2009-538, § 1; Ord. #2009-545, § 1.

Sec. 23-25.1. - Intent.

The intent and purpose of the Wall and Fence Requirements Article is to ensure safe sight lines and to minimize the potential negative visual impact or hazards of tall or unsightly fences, walls and/or retaining walls.

(Ord. #2024-632, §2)

Sec. 23-25.2. - Permit Required.

Prior to commencing construction a wall or fence, plans shall be submitted and approved by the Planning, Engineering, and Building Departments, if necessary. Any new wall and fence over three (3) feet in height shall require review through the site plan review process. All construction of walls and fences must meet applicable requirements of the Villa Park Municipal Code.

(Ord. #2024-632, §2)

Sec. 23-25.3. - Exceptions.

The provisions of this article may not apply to:

a.

Temporary construction fences.

b.

Fences utilized to surround or enclose public utility installations, public schools, or other public buildings used for city or city-sponsored utility purposes. However, public schools are strongly encouraged to meet the approved materials requirements as outlined in subsection 23-25.4 a. below.

c.

Existing nonconforming walls and fences that are damaged or in need of repair/replacement. A wall or fence may be located in the exact location with the same material and height as the previous wall or fence so long as no more than fifty (50) percent of the wall or fence is replaced, the proposed wall or fence receives approval from the necessary City Department(s), and obtains all necessary permits.

(Ord. #2024-632, §2)

Sec. 23-25.4. - Materials.

a.

The following is a list of approved materials:

1.

Masonry materials, such as brick, textured or split faced block, stucco, tile (as a veneer), or similar materials (manufactured stone, slate, stamped concrete, etc.).

2.

Stone or rock.

3.

Wrought-iron and associated pillars (so long as they meet the required materials as listed).

4.

Wood or wood alternatives specifically manufactured as a fencing material.

5.

Vinyl specifically manufactured as fencing material.

6.

Glass, including glass block or tempered glass panels manufactured as a fencing material.

7.

Ironcraft wire fencing and similar materials as deemed appropriate by the Planning Department.

b.

While the following materials are prohibited in the front yard area or adjacent to the public right-of-way, they are permitted along the interior and rear yard areas not adjacent to a public right-of-way:

1.

Chain link.

2.

Plywood.

3.

Smooth-faced block or concrete walls unless veneered with any of the approved building materials as listed in subsection a. above.

Fiberglass.

5.

Any materials not specifically identified in subsection a. above.

c.

The following materials are prohibited in all zones:

1.

Barbed wire, including concertina or razor wire.

2.

Electric fences; except where needed within the interior of a property for the keeping of large animals (where permitted).

d.

Design of Walls and Fences. Walls and fences shall be designed and constructed in a manner that incorporates offsets, varied textures, openings, recesses, and design accents to avoid long and unarticulated segments. The use of plant material and/or wall vines is acceptable if properly irrigated and maintained. All wall vines shall be maintained by the property owner.

(Ord. #2024-632, §2)

Clear view fencing requirements are intended to ensure safe sight line distances for both pedestrian and vehicular traffic in areas where such obstacles exist (i.e. fences, trees, landscaping). The following clear view requirements apply to all zones within the City:

a.

The maximum height of any wall or fence shall be three and one-half (3½) feet within twenty (20) feet of the point of intersection of two ultimate street right-of-way lines (see clear view illustration).

b.

Shrubs and hedges functioning like walls and fences shall be permitted within the clear view zone without height restrictions, however, shrubs and hedges functioning like a wall or fence may require review by a City Engineer to mitigate line of site issues (See Clear View Illustration: Exhibit A). Shrubs and hedges shall be properly maintained and irrigated by the property owner.

Clear View Illustration (Exhibit A):

==> picture [432 x 307] intentionally omitted <==

(Ord. #2024-632, §2)

a.

The maximum height shall be three and one-half (3½) feet within any required front setback area, to a depth of twenty (20) feet as measured from the front property line; and six (6) feet within any required rear or side setback area beyond the front yard area. However, this regulation shall not apply to that portion of a building site where vehicular access rights have been dedicated to a public agency, or where a higher fence is required by law.

b.

Properties fronting Taft Avenue, Santiago Boulevard between Cannon Street, Meats Avenue and Lemon Street, Center Drive between Lincoln Street to Serrano Avenue, and Villa Park Road shall be permitted walls and fences of up to six (6) feet in height within the front setback area, to a depth of twenty (20) feet as measured from the front property line, unless located within a portion of the clear view zone (See Clear View Illustration: Exhibit A).

c.

Rear and side yard walls and fences adjacent to Cannon Street, Wanda Road from Santiago Boulevard to Villa Park Road, Villa Park Road, Meats Avenue, Collins Avenue, and Santiago Boulevard, from Wanda Road to Meats Avenue, shall be permitted to a maximum of eight (8) feet in height. Wall modifications must be reviewed by the City Engineer and will be required to provide for appropriate sight distances at any access points.

d.

The maximum height of any wall or fence constructed on a sloped or terraced elevation shall measure a minimum as required by law and a maximum of six (6) feet from the high side elevation and shall be unlimited on the low side elevation.

e.

Any wall or fence constructed within five (5) feet of any ultimate street right-of-way shall be limited to a maximum of six (6) feet as measured from street side, unless otherwise exempted by this section.

f.

The maximum height of any retaining wall shall be ten (10) feet in height, as measured from the lowest adjacent finished grade.

g.

Exceptions and modifications may be permitted subject to the approval of a variance. In addition to the findings made in the process of review and approval of such variance, the following findings shall also be made:

1.

The height and location of the retaining wall, wall, or fence as proposed will not result in or create a traffic hazard.

2.

The location, size, design and other characteristics of the wall or fence will not create conditions or situations that may be objectionable or detrimental to the Zone in which it is located.

h.

Shrubs and hedges functioning like walls and fences shall be permitted within the 20-foot front yard setback without height restrictions, however, shrubs and hedges functioning like a wall or fence may require review by a City Engineer to mitigate line of site issues. Shrubs and hedges shall be properly maintained and irrigated by the property owner.

i.

Lighting fixtures up to two (2) feet in height shall be permitted atop walls and fences within the front 20-foot setback area. Lighting fixtures shall not be permitted atop rear and side yard property line walls and fences, unless approved by a variance. Lighting fixtures shall be reviewed by city staff to ensure light pollution will not negatively impact neighbors. Approval of lighting fixtures within any 20-foot corner clear view area is subject to review by the Planning and Engineering Departments to mitigate line of site concerns for vehicular traffic.

j.

All driveway and vehicular gates shall maintain a 16-foot front setback from the flow line and shall not open towards the street. If a property fronts a sidewalk or pedestrian trail, the minimum front setback shall be twenty (20) feet from the flow line. If deemed necessary, a City Engineer will review new driveway gates for safety concerns prior to permit issuance.

k.

The height of any wall or fence shall be measured from the highest adjacent finished grade to the top of said wall or fence. The measurement shall be taken within two (2) feet of the base of the wall or fence.

(Ord. #2024-632, §2)

Sec. 23-25.7. - Fencing Height Restrictions in Nonresidential Zones.

In nonresidential zones, walls and fences shall be approved as part of the required site plan review process. If existing nonconforming fences are damaged or in need of repair, the wall or fence may be located at the exact location, with the same height as the previous wall or fence so long as the wall or fence is constructed using construction materials as approved in this section. The following standards shall also apply:

a.

Fences adjacent to a residential zone shall comply with the height restrictions found in subsection 23-25.6 e.

b.

In the CN Zone, the AC "Architectural Supervision" regulations and procedures found in Article 23-9 shall apply.

(Ord. #2024-632, §2)

ARTICLE 23-26. - DENSITY BONUS REQUIREMENTS

The purpose of this Article is to establish procedures for implementing state density bonus requirements, as set forth in California Government Code Section 65915, as amended, and to increase the production of affordable housing, consistent with the City's goals, objectives and policies. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the City's jurisdiction, the City shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this Article.

(Ord. #2010-555)

The following definitions shall apply to this Article:

"Affordable Housing Cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code.

"Affordable Housing Unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low-income households, lower-income households, moderate-income households and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this Article.

"Affordable Rent" means that level of rent defined in Section 50053 of the California Health and Safety Code.

"Applicant" means a developer or applicant for a density bonus pursuant to Section 65915, Subdivision (b), of the California Government Code and Section 23-26.3 of this Article.

"Child Care Facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

"Common Interest Development" bears the same meaning as defined in Section 1351 of the California Civil Code.

"Density Bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the City.

"Development Standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution or regulation.

"Housing Development" means one or more groups of projects for residential units in the planned development of the City. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the City and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

"Lower Income Households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code.

"Maximum Allowable Residential Density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project.

"Moderate Income" or "persons and families of moderate income" means those middle-income families as defined in Section 50093 of the California Health and Safety Code.

"Qualified Mobile Home Park" means a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

"Senior Citizen Housing Development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code.

"Specific Adverse Impact" means any adverse impact as defined in Paragraph (2), Subdivision (d), of California Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households.

"Very-Low Income Household" bears the same meaning as defined in Section 50105 of the Health and Safety Code.

(Ord. #2010-555)

Sec. 23-26.3. - Qualifications for Density Bonus and Incentives and Concessions.

(a)

The City shall grant one (1) density bonus as specified in Section 23-26.7, and incentives or concessions as described in Section 23-26.5, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Article, that will contain at least any one (1) of the following:

(1)

Ten (10) percent of the total units of the housing development as affordable housing units affordable to lower income households;

(2)

Five (5) percent of the total units of the housing development as affordable housing units affordable to verylow income households;

(3)

A senior citizen housing development;

(4)

A qualified mobile home park; or

(5)

Ten (10) percent of the total units of a common interest development as affordable housing units affordable to moderate income households, provided that all units in the development are offered to the public for purchase subject to the restrictions specified in this Article.

(b)

As used in subsection (a) of this section, the term "total units" does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus.

(c)

Each applicant who requests a density bonus pursuant to this Article, shall elect whether the bonus shall be awarded on the basis of subsection (a)(1), (2), (3), (4) or (5) of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very-low income affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development or qualified mobile home park. Density bonuses from more than one category may not be combined.

(Ord. #2010-555)

(a)

An applicant shall agree to, and the City shall ensure, continued affordability of all low and very-low income units that qualified the applicant for the award of the density bonus for a period of thirty (30) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner-occupied affordable housing units shall be available at an affordable housing cost.

(b)

An applicant shall agree to, and the City shall ensure, that the initial occupant of moderate income units that are directly related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. The local government shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity sharing agreement:

(1)

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three (3) years for any of the purposes that promote homeownership as described in Subdivision (e) of Section 33334.2 of the California Health and Safety Code.

(2)

For purposes of this subsection, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale, the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

(3)

For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. #2010-555)

(a)

An applicant for a density bonus may also submit to the City a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this Article. The applicant may also request a meeting with the City to discuss such a proposal. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of either of the following:

(1)

The concession or incentive is not required in order to provide for affordable housing costs;

(2)

The concession or incentive would have a specific adverse impact; or

(3)

The concession or incentive would be contrary to state or federal law.

(b)

If the conditions of section 23-26.3 and subsection (a) of this section are met by an applicant, the City may grant the applicant the following number of incentives or concessions:

(1)

One (1) incentive or concession for housing developments that include: at least ten (10) percent of the total units affordable to lower-income households; or at least five (5) percent of the total units affordable to very low-income households; or at least ten (10) percent of the total units affordable to persons and families of moderate income in a common interest development;

(2)

Two (2) incentives or concessions for housing developments that include: at least twenty (20) percent of the total units affordable to lower-income households; or at least ten (10) percent of the total units affordable to very low-income households; or at least twenty (20) percent of the total units affordable to persons and families of moderate income in a common interest development;

(3)

Three (3) incentives or concessions for housing developments that include: at least thirty (30) percent of the total units for lower-income households; or at least fifteen (15) percent for very low-income households; or

at least thirty (30) percent for persons and families of moderate income in a common interest development.

(c)

For the purposes of this Article, available concessions or incentives may include any of the following:

(1)

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions;

(2)

Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located;

(3)

Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions.

(d)

This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly-owned land, by the City or the waiver of fees or dedication requirements. Nor does any provision of this Section require the City to grant an incentive or concession found to have a specific adverse impact.

(e)

The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(f)

The application and review process for a proposal of incentives and concessions is set forth in section 2326.11.

(g)

The importance of views and adherence to height limits to residents Citywide precludes any consideration of height increases associated with this Code.

(Ord. #2010-555)

(a)

Applicants may, by submitting a letter of Justification/Explanation, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this Article. The applicant may also request a meeting with the City to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (i) the waiver or modification is necessary to make the housing units economically feasible, and (ii) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of section 2326.3(a), at the densities or with the concessions or incentives permitted by this Article.

(b)

Nothing in this section shall be interpreted to require the City to waive, modify or reduce development standards if the waiver, modification or reduction would have a specific adverse impact.

(c)

The application and review process for a waiver/modification of development standards is set forth in section 23-26.11.

Sec. 23-26.7. - Specified Density Bonus Percentages.

(a)

Only housing developments consisting of five (5) or more dwelling units are eligible for the density bonus percentages provided by this section. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in section 23-26.3(a).

(b)

For housing developments meeting the criteria of section 23-26.3(a)(1), the density bonus shall be calculated as follows:

(c)

For housing developments meeting the criteria of section 23-26.3(a)(2), the density bonus shall be calculated as follows:

(d)

For housing developments meeting the criteria of sections 23-26.3(a)(3) and (4), the density bonus shall be twenty (20) percent.

(e)

For housing developments meeting the criteria of Section 23.25.3(a)(5), the density bonus shall be calculated as follows:

(f)

An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this Article. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(g)

For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located.

(h)

The application and review process for a density bonus as provided by this section is set forth in section 23-26.1.

(Ord. #2010-555)

Sec. 23-26.8. - Land Donation.

(a)

When a developer of a housing development donates land to the City as provided for in this section, the applicant shall be entitled to a fifteen (15) percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows:

This increase shall be in addition to any increase in density mandated by section 23-26.3, up to a maximum combined mandated density increase of thirty-five (35) percent, if an applicant seeks both the increase required pursuant to this section and section 23-26.3. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the City's authority to require an applicant to donate land as a condition of development.

(b)

An applicant shall be eligible for the increased density bonus described in this section if the City is able to make all the following findings:

(1)

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;

(2)

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten (10) percent of the number of residential units of the proposed development;

(3)

The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least

forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

(4)

No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very-low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by Subdivision (i) of Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer;

(5)

The transferred land and the very low-income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this Article, which restriction will be recorded on the property at the time of dedication;

(6)

The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to such City-approved developer;

(7)

The transferred land shall be within the boundary of the proposed development or, if the City agrees in writing, within one-quarter (¼ mile of the boundary of the proposed development;

(8)

A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(c)

The application and review process for a donation of land and related density bonus is set forth in section 23-26.11.

(Ord. #2010-555)

(a)

When an applicant proposes to construct a housing development that includes affordable units as specified in section 23-26.3 and includes a child care facility that will be located on the premises of, as part of, or adjacent to such housing development, the City shall grant either of the following if requested by the developer:

(1)

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

(2)

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

(b)

A housing development shall be eligible for the density bonus or concession described in this section if the City, as a condition of approving the housing development, requires all of the following to occur:

(1)

The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to section 2326.4;

(2)

Of the children who attend the child care facility, the percentage of children of very low-income households, lower-income households, or moderate-income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low-income households, lower-income households, or moderate-income households;

(3)

Notwithstanding any requirement of this section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

(c)

The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in section 23-26.11.

(Ord. #2010-555)

Sec. 23-26.10. - By-Right Parking incentives.

(a)

Housing developments meeting any of the criteria of section 23-26.3(a), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer:

(1)

Zero to one (1) bedroom dwelling unit: One (1) onsite parking space;

(2)

Two (2) to three (3) bedroom dwelling unit: Two (2) onsite parking spaces;

(3)

Four (4) or more bedrooms: Two and one-half (2½) parking spaces.

(b)

If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking.

(Ord. #2010-555)

(a)

A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this Article shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:

(1)

Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;

(2)

Level of affordability of affordable housing units and proposals for ensuring affordability;

(3)

Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under section 23-26.5;

(4)

If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in section 23-26.8 can be made;

(5)

If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included in section 23-26.9 can be made.

(b)

An application for a density bonus, incentive or concession pursuant to this Article shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

(c)

For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subsection shall be heard by the City Council. A public hearing shall be held by

the City Council and the Council shall issue a determination. Pursuant to Government Code Section 65915, the City Council shall approve the requested waiver/modification or reduction of development standards, unless one (1) of the following conditions applies:

(1)

The waiver/modification is not required to make the proposed affordable housing units feasible; or

(2)

The waiver/modification will have a specific adverse impact.

The decision of the City Council may be appealed within fourteen (14) consecutive calendar days of the date the decision is made in the manner provided in Villa Park Municipal Code.

(d)

Notice of any City determination pursuant to this section shall be provided to the same extent as required for the underlying development approval.

(e)

The fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title shall be as set forth in the fee schedule adopted by resolution of the City Council.

(Ord. #2010-555)