Baldwin Park City Zoning Code
PART 5
URBAN DEVELOPMENT UNITS AND URBAN LOT SPLITS
§ 153.040.200 INTENT AND PURPOSE.
The purpose of this section is to regulate the development and use of urban development units, as defined in § 153.220 and urban lot splits in the R-1 zone in accordance with Cal. Gov’t Code §§ 65852.21 and 66411.7. The purpose also is to regulate the design of urban development units in a manner that preserves the low-density character of neighborhoods in the R-1 zone, promotes site planning and architectural design that add value to the property and neighborhood, and allows for creativity while establishing baseline standards.
(Ord. 1503, passed 7-5-23)
§ 153.040.210 RELATIONSHIP TO OTHER STANDARDS AND REQUIREMENTS.
The standards and limitations set forth in this section shall apply to urban development units and urban lot splits within R-1 zone, notwithstanding any other conflicting provisions of this chapter or title. In the event of a conflict between the provisions of this section and any other provision of this chapter, title, or other provisions of this code, the provisions of this section shall prevail.
(Ord. 1503, passed 7-5-23)
§ 153.040.220 INTERPRETATIONS.
The provisions of this section shall be interpreted to be consistent with the provisions of Cal. Gov’t Code §§ 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. Any requirement or development standard of this code shall not apply to the extent it is prohibited by any provision of state law for urban development units and urban lot splits.
(Ord. 1503, passed 7-5-23)
§ 153.040.230 APPLICATION AND REVIEW.
(A) Application. An applicant for an urban development unit or units or an urban lot split shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
(B) Review. Consistent with state law, the director will consider and approve or disapprove a complete application for an urban development unit or units or an urban lot split ministerially, without discretionary review or public hearing.
(C) Nonconforming conditions. An urban development unit application may only be approved if all nonconforming zoning conditions are first corrected prior to such approval. The correction of nonconforming zoning conditions is not a requirement for ministerial approval of an urban lot split.
(D) Effectiveness of approval. The ministerial approval of an urban development unit or units or an urban lot split does not take effect until the city has confirmed that all required documents have been recorded.
(E) Hold harmless. Approval of an urban development unit or units or an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify, and hold harmless the city, its officers, agents, employees, and/or consultants from all claims and damages (including attorney’s fees) related to the approval and its subject matter.
(F) Specific, adverse impacts. Notwithstanding anything else in this section, the director may deny an application for an urban development unit or units or an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in Cal. Gov’t Code § 65589.5.
(G) 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.
(Ord. 1503, passed 7-5-23)
§ 153.040.240 GENERAL REQUIREMENTS.
(A) Proposed urban development units and urban lot splits must satisfy all the following general requirements to be considered eligible for ministerial review. The applicant shall demonstrate to the reasonable satisfaction of the Director that each of these requirements are satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the director, attesting to all facts necessary to establish that each requirement is satisfied. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties, and the city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.
(B) Single-family zone. The subject property shall be located within the R-1 zone.
(C) Limited zones. The proposed development shall not be located on any site identified in Cal. Gov’t Code § 65913.4(a)(6)(B) through (K), unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Cal. Gov’t Code § 65913.4.
(D) Historic district. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Cal. Public Resources Code § 5020.1, or within a site that is designated or listed as a city landmark or historic property pursuant to any city ordinance.
(E) Housing demolition. The proposed development shall not require the demolition or alteration of housing that is subject to the following:
(1) A recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Any form of rent or price control.
(3) Has been occupied by a tenant within the last three years.
(4) Involves the demolition of more than 25% of the existing exterior structural walls of any housing unit on the lot, if any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three years.
(5) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Cal. Gov’t Code § 7060 through 7060.7) at any time in the 15 years prior to submission of the two-unit project.
(F) Ownership. The subject property shall be owned solely by one or more individual property owners or entity.
(G) Existing improvements. The subject property shall not contain improvements that required issuance of a building permit at the time of construction, unless plans are submitted for approval, fees and permits are obtained for such improvements, including final inspection, prior to application for any residential development subject to this section.
(H) Urban lot split. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split, nor shall such lot be adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
(Ord. 1503, passed 7-5-23)
§ 153.040.250 LOCATION.
A lot on which an urban development unit or units or an urban lot split is proposed must be located within the R-1 zone. A lot located within a multiple-family or mixed-use zone shall not be eligible to be developed with an urban development unit or units or subdivided through an urban lot split pursuant to this section.
(Ord. 1503, passed 7-5-23)
§ 153.040.260 NUMBER OF DWELLING UNITS.
The following development is permitted on each lot, as follows:
(A) No lot split.
(1) Two primary dwelling units;
(2) If the two primary dwellings are detached from each other: one junior accessory dwelling unit and one accessory dwelling unit associated with one of the two primary dwellings, up to four units on the lot; or
(3) If the two primary dwellings are attached to each other: one converted accessory dwelling unit and two detached accessory dwelling units associated with the multifamily dwelling structure, up to five units on the lot.
(B) Lot split. Up to two units are allowed on each newly created lot, consisting of at least one primary unit and either a second primary unit, an accessory dwelling unit, or junior accessory dwelling unit.
(Ord. 1503, passed 7-5-23)
§ 153.040.270 SEPARATE CONVEYANCE.
(A) Same lot. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.
(B) Two lots. Separate conveyance of the two lots resulting from an urban lot split is permitted, subject to any applicable provisions of Ch. 152 for such conveyance.
(C) Limitation on conveyance. Condominium airspace divisions and common interest developments are not permitted for urban development units or on a lot or lots created through an urban lot split.
(Ord. 1503, passed 7-5-23)
§ 153.040.280 USE LIMITATIONS.
(A) Residential use only. Non-residential use of any lot containing an urban development unit or units or created through an urban lot split is prohibited. Only those uses allowed by right in the R-1 zone, as applicable, shall be permitted.
(B) Short-term rental prohibited. The rental of any dwelling unit on a lot containing an urban development unit or units or created through an urban lot split is restricted to a term of 30 consecutive days or longer duration.
(C) Deed restriction required. If a lot is fully developed with the number of dwelling units permitted pursuant to this section, 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.
(Ord. 1503, passed 7-5-23)
§ 153.040.290 HOUSING REPLACEMENT REQUIREMENTS.
If the proposed urban development unit or units or urban lot split will result in the demolition of protected housing, as defined in Cal. Gov’t Code § 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements of Cal. Gov’t Code § 66300(d).
(Ord. 1503, passed 7-5-23)
§ 153.040.300 DEVELOPMENT STANDARDS.
(A) Development standards. An urban development unit or units and the development of a lot created through an urban lot split shall be subject to the development standards set forth in the table below.
Development standards for urban development units and urban lot splits
| ||
Standard | Requirement | Notes |
Development standards for urban development units and urban lot splits
| ||
Standard | Requirement | Notes |
Dwelling unit size for new unit on a lot with existing unit | Maximum size of the new unit shall be limited by maximum lot coverage standard, below. | |
Minimum | 500 square feet | In any circumstance, the new unit is allowed to be at least 800 square feet in size. |
Dwelling unit size (each) where two new units are proposed | Maximum size of each unit shall be limited by maximum lot coverage standard, below. | |
Minimum | 500 square feet | In any circumstance, each unit is allowed to be at least 800 square feet in size. |
Dwelling unit height (maximum) for: (1) new unit on lot with an existing unit; and (2) lot where two new units are proposed | 16 feet | Limited to one story at ground level, measured to the highest point on roof. |
Dwelling unit setbacks for: (1) new unit on lot with an existing unit; and (2) lot where two new units are proposed | Setbacks also apply to an attached or detached garage. Rear setback may be reduced to 5 feet minimum for a detached garage. | |
Minimum front minimum | 20 feet | |
Interior side minimum | 4 feet | |
Street side | 4 feet | |
Minimum rear | 4 feet | |
Minimum building separation | 6 feet | Applies also to all detached structures on the lot. |
Maximum lot coverage | 45% of lot area | Includes all buildings, primary and accessory. |
Minimum number of parking spaces | 1 space per dwelling unit | Parking for an existing primary dwelling unit shall be maintained for that unit as required by § 153.150. Parking for a new dwelling unit or units may be provided in an attached or detached garage, or may be an unenclosed space on the same lot. Tandem parking is not allowed; all spaces must be individually accessible and unobstructed by another space. |
Minimum private open space area | 20% of lot area, divided equally per unit | Area shall be continuous, with a minimum length and width dimension of 15 feet. Shall be located within the interior side, street side, or rear yard area of the lot. |
(B) Exceptions to required setbacks. The required setbacks in the table above do not apply, or shall be modified, under the following circumstances:
(1) Any street adjacent setback shall be measured from the ultimate right-of-way line.
(2) The projection into a required setback shall be subject to the provisions of § 153.130.030.
(C) Exceptions to required number of parking spaces. The required number of parking spaces in the table above do not apply under the following circumstances:
(1) The lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Cal. Public Resources Code § 21155(b), or a major transit stop, as defined in Cal. Public Resources Code § 21064.3.
(2) There is a car share vehicle located within one block of the lot.
(D) Other applicable regulations. In addition to the requirements contained in this section, regulations and standards for development within the R-1 zone contained in other sections of this chapter may be applied to a qualifying two-unit residential development and the development of a lot created through an urban lot split, unless specifically modified in this section, or unless it would preclude any new primary dwelling unit from being at least 800 square feet in floor area.
(E) Priority to consideration of other exceptions to standards. Any required standard that would have the effect of physically precluding the construction of up to two primary residential units on a lot or that would physically preclude each new unit from being at least 800 square feet in floor area shall be modified or waived to the extent necessary, as determined by the Community Development Director or designee, to allow the development of two primary residential units on a lot. In order to waive or modify certain standards, the city has established the following priorities and procedures for allowances for exceptions and has established the following limits to the development standards as indicated.
(1) The following development standards, in descending order of priority, with the first development standard listed having the highest priority, shall be applied to exceptions:
(a) Lot coverage up to 60%;
(b) Dwelling unit front setback, exclusive of garage front, up to within 10 feet of the front property line; the garage front shall be set back at least 20 feet in all circumstances;
(c) For lots less than 2,000 square feet in size, dwelling unit height up to 22 feet;
(d) Building separation to the minimum separation required by the Building Code;
(e) Private open space area of 15% of lot area.
(2) In applying any exception, an urban development unit or units or urban lot split shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If each lot can accommodate two 800-square-foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied.
(3) Allowing an exception shall not be interpreted to permit the construction of new garages or accessory structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two 800-square-foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures.
(4) As part of the application for an exception, the applicant shall provide a written explanation that specifically lists every development standard the applicant seeks to modify and waive, describes why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area, and demonstrates that the requested modifications and/or waivers are consistent with the prioritization hierarchy.
(F) Nonconforming conditions. A two-unit project may be approved without requiring a legal nonconforming zoning condition to be corrected.
(G) 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.
(Ord. 1503, passed 7-5-23)
§ 153.040.310 OBJECTIVE DESIGN STANDARDS.
An urban development unit project that creates two new dwelling units and the development of a lot created through an urban lot split for which two new dwelling units are proposed shall be subject to the following objective design standards.
(A) Site design.
(1) The unit located closest to the street shall have the front door oriented toward the street. On a corner lot, both units may be oriented toward the same street.
(2) On lots 50 feet or less in width, a common driveway shall be used to access both units. For urban lot splits, reciprocal access via the driveway shall be required and recorded via a deed for both properties. No parking shall be permitted on such common driveways.
(3) For any unit oriented toward an adjacent street, a pedestrian walkway separate from the driveway shall be provided to the primary entry. Such entries may also provide connection to any accessory dwelling unit, junior accessory dwelling unit, or other infill development unit located on the site.
(4) Driveway approaches (curb cuts) shall be permitted only to provide access to approved garages, carports, and parking spaces.
(5) All driveways that lead to a front-facing garage shall have a minimum five foot wide landscaped area between the driveway and the adjacent side property line. For lots less than 50 feet in width, the required landscaped area shall be a minimum of 10% of the lot width or three feet, whichever is greater.
(6) All garage faces shall be set back a minimum distance of 20 feet from the front lot line or, on a corner lot, from the side lot line.
(7) A detached garage or carport is permitted to have access to an abutting alley if:
(a) The garage or carport entrance is set back a minimum of four feet from the rear property line;
(b) A 45 degree visibility triangle is provided on either side of the garage or carport; and
(c) The garage door does not cross the property line when opened or closed.
(B) Building design. In addition to the architectural standards set forth in § 153.130.050, the following shall apply.
(1) Massing and articulation. The purposes of regulating building massing and articulation are to ensure a building fits well on a site, respects the scale of the neighborhood, and avoids bulky appearance. The following shall apply.
(a) Street-facing facades on every floor shall not run in a continuous plane of more than ten feet without one of the following treatments included on the façade at every building story:
1. Window;
2. Entry door (ground floor only);
3. Change in plane (recess or projection) of at least one (1) foot in depth;
4. Change in material;
5. Shutters.
(b) Side and rear facades shall not run in a continuous plane of more than 15 feet without one of the following:
1. Window;
2. Change in plane (recess or projection) of at least one foot in depth;
3. Change in material;
4. Shutters .
(2) Architectural style.
(a) For the purpose of defining architectural styles as set forth in this section, the reference guide shall be the most currently published version of A Field Guide to American Houses: The Definitive Guide to Identifying and Understanding America’s Domestic Architecture by Virginia Savage McAlester, or American House Styles: A Concise Guide by John Milnes Baker, AIA. The Community Development Director or designee may identify an alternative source or sources, provided such source is made publicly available.
(b) Using the building design reference document identified above, projects shall identify an architectural design style and include at least five features in their design consistent with the description of the selected style:
1. Roof type and characteristic pitch (required);
2. Roof rake, eave overhang, and cornice detail;
3. Wall façade symmetry or asymmetry and detail;
4. Wall material and arrangement relative to roof;
5. Window type, relative proportion, shape, and detail;
6. Door type, relative proportion, shape, and detail;
7. Porch type, relative proportion, shape, and detail.
(c) Both primary units on a lot or in the circumstance of an urban lot split, each newly created lot, shall be designed and constructed in the same architectural style.
(d) Every façade of each primary unit shall have architectural detailing as directed by the provisions of this division.
(3) Entries. The primary entry to each unit shall be defined by a porch, stoop, or recessed area consistent with the selected architectural style of the unit. Columns used to frame the entry shall not extend more than above 12 feet from the ground floor. Recessed areas shall have a minimum depth of three feet for up to 30 square feet.
(4) Garage doors.
(a) Blank, flat garage doors shall not be allowed. Garage doors shall match the selected architectural style of the structure.
(b) Garage doors visible from a street shall be recessed at least three feet from the garage wall.
(5) Garage frontage.
(a) Where a garage is located on the front half of the lot and the garage door faces a street and the lot width is 50 feet or less in width, the garage frontage including the door width shall not exceed 50% of the width of the front façade of the building. For lots wider than 50 feet, the garage façade including the door shall not exceed 40% of the front façade of the building.
(b) Side-loaded garages may be used to diminish the impact of garages along the street frontage. The use of at least two of the following design elements shall be used on the street-facing side of the garage:
1. Landscaping with a mature height of at least 24 inches.
2. Raised planters with a minimum height of 12 inches and landscaping with a mature height of at least 12 inches.
3. Windows.
4. Decorative trellis.
5. Change in materials consistent with exterior materials of proposed unit.
(6) Roof treatments.
(a) Rooflines greater than 30 linear feet along a street-facing property line shall be vertically articulated with at least one of the following techniques.
1. A change in height of a minimum of four feet;
2. A change in roof form;
3. Dormers with a minimum length of eight feet of façade, and a consistent roof form.
(b) Rooflines greater than 50 linear feet along a side or rear property line shall be vertically articulated with at least one of the following techniques.
1. A change in height of a minimum of four feet;
2. A change in roof form;
3. Dormers with a minimum length of eight feet of façade, and a consistent roof form.
(7) Windows.
(a) Window trim or recess. Trim at least one inch in depth must be provided around all windows, or the window must be recessed at least two inches from the plane of the surrounding exterior wall. For double-hung and horizontal sliding windows, at least one sash shall achieve a two inch recess.
(b) Raw or clear anodized aluminum window frames are prohibited.
(8) Materials and colors. At least three materials or colors shall be used consistently on all building façades for both primary units and shall be appropriate to the selected architectural style of the building style referenced above in division(B)(2). Roof and glazing material or color are excluded and do not count towards this requirement. The following building elements with materials and colors count towards this requirement:
(a) Main building;
(b) Wainscoting;
(c) Trim work;
(d) Exterior doors;
(e) Garage doors;
(f) Decorative elements, including trellis, iron work, planter boxes, etc. with a minimum of ten square feet in surface area.
(9) Vents, gutters, and downspouts. All vents, gutters and downspouts, louvers, and exposed flashing shall be concealed within the wall or roof construction or if exterior, shall consist of materials and a style characteristic of the selected architectural design style referenced above in division(B)(2). Plastic material shall be prohibited.
(C) Site details.
(2) Fences and walls. Fences and walls shall comply with the standards for the R-1 zone in § 153.130.060.
(3) Utilities. Ground-level utilities and mechanical equipment directly serving either or both primary units shall not be located within any front yard area.
(Ord. 1503, passed 7-5-23)
§ 153.040.320 DEED RESTRICTION.
(A) Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an urban development unit or units, the owner of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form acceptable to the Director, that includes the following.
(B) No short-term rental. Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.
(C) Residential use only. Expressly prohibits any non-residential use of the lot.
(D) No separate conveyance. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.
(E) Equal ownership. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.
(F) No further subdivision of ownership. Expressly prohibits condominium airspace divisions and common interest developments on the property.
(G) Conformance with city requirements. States that the property was formed and/or developed pursuant to the provisions of this section and is therefore subject to the city regulations set forth in this section, including all applicable limits on dwelling size and development.
(H) Limits number of units. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.
(I) Benefit and enforcement by city. States all of the following:
(1) That the deed restriction is for the benefit of and is enforceable by the city.
(2) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns.
(3) That lack of compliance with the deed restriction shall be good cause for legal action against the owner of the property.
(4) That, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorney’s fees and court costs.
(5) That the deed restriction may not be modified or terminated without the prior written consent of the city.
(Ord. 1503, passed 7-5-23)
§ 153.040.330 FEES.
Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees and assessments duly adopted by the city.
(Ord. 1503, passed 7-5-23)
§ 153.040.340 EXPIRATION OF APPROVAL.
The approval of an urban development unit or units or urban lot split, where the parcel map has not been recorded, shall become null and void if construction is not commenced within 12 months of the approval, except in the case of an urban lot split, within one year of the recordation of the parcel map, 24 months. The Community Development Director or designee may extend or renew such approval for construction commencement one additional year. In the event construction has commenced, but not diligently advanced or completed, the rights granted pursuant to the approval shall expire upon expiration of the building permits.
(Ord. 1503, passed 7-5-23)
§ 153.040.350 ADDITIONAL REQUIREMENTS FOR URBAN LOT SPLITS.
(A) Conformance with subdivision regulations. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements of this section and Ch. 152. However, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.
(B) Lot size. The parcel map for an urban lot split is limited to subdividing an existing lot to create no more than two new lots of approximately equal area, where at least one newly created lot is at least 40% or more of the lot area of the original lot, with a minimum size of 1,200 square feet. The lot to be split must have an area of at least 2,400 square feet.
(C) Easements. Easements within a parcel map for an urban lot split shall comply with the following:
(1) The owner shall enter into an easement agreement with each utility/public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(2) Each easement shall be shown on the tentative parcel map and the final parcel map.
(3) Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved.
(D) Lot access. Access for each lot within a parcel map for an urban lot split shall have a minimum frontage to the adjacent public street as follows:
(1) Lot that is 50 feet or less in width: nine feet.
(2) Lot that is more than 50 feet in width: 12 feet.
(E) Improvements required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the city, showing the location and dimensions of all structures, driveways, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the city’s approval of such related improvement plans and all related approvals required by law.
(F) Required affidavit. The applicant for a parcel map for an urban lot split must include a signed affidavit on forms provided by the city stating that the owner of the original lot intends to occupy one of the dwelling units on one of the resulting lots as principal residence for a minimum of three years after the final parcel map for the urban lot split is recorded.
(Ord. 1503, passed 7-5-23)