Fortuna City Zoning Code

Specific Adverse Impacts. If the applicant contends that specific adverse impacts of the proposed project can be satisfactorily mitigated or avoided, then the appeal must set forth in detail how the applicant will mitigate or avoid such specific adverse impacts. If the applicant contends that there are no specific adverse impacts, the applicant shall submit all information to rebut the director's finding with the appeal.

Evidence that the applicant is an individual property owner of the lot to be split.

If applicable, compliance with the consent and subordination requirements provided in subsection (A)(1) of this section.

A signed affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

A signed affidavit indicating that the applicant acknowledges and agrees that each lot created by the urban lot split will be used for residential purposes only and that the applicant intends to use the lots for that purpose.

A signed affidavit stating that there are no conditions, covenants or restrictions on the property that prohibit subdivision of the property, and if requested by city, any supporting documentation showing that there are no such conditions, covenants or restrictions on the property.

If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.

Proof that none of the circumstances set forth in subsection (C)(6) of this section (Prior Urban Lot Split) are present.

Proof that none of the circumstances set forth in subsections (C)(5) (Grounds for Denial) and (C)(7) (Impact on Protected Housing) of this section are present.

Proof of any inspections required under subsection (C)(4) of this section (Inspection).

A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.

Exception. No dedication of rights-of-way or construction of off-site improvements shall be required for an urban lot split. This exception shall only apply to the extent that Government Code Section 66411.7 precludes the city from requiring dedications of rights-of-way or construction of off-site improvements. This section shall not preclude denial of an urban lot split if the project would have a specific adverse impact on either public health and safety or on the physical environment unless the applicant dedicates rights-of-way or constructs off-site improvements.

Very High Fire Hazard Severity Zone. For lots within a very high fire hazard severity zone, the application does not include proof of an inspection by the city's building official or other city designee confirming full compliance with all existing fire and building code standards.

Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the city's building official or other city designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard city requirements for development within an earthquake fault zone.

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

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

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.

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

The lot to be split is smaller than 2,400 square feet.

Either resulting lot is less than 1,200 square feet.

Either resulting lot is more than 60 percent or less than 40 percent of the original lot area.

A specific adverse impact includes, but is not limited to, the following:

Because Government Code Section 66411.7 precludes the city from requiring any dedication of rights-of-way or construction of off-site improvements, the director shall deny any application where either dedication of rights-of-way and/or construction of off-site improvements is necessary to satisfactorily mitigate a specific adverse impact, including but not limited to where a subdivision or development of property would otherwise require a dedication for sidewalk, parkways, curbs, gutters, street and road improvements or other traffic improvements.

The city council may establish additional guidelines that set forth circumstances where a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the director's discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

The total floor area of each residential unit developed on a lot to be split must be less than or equal to 800 square feet and more than 500 square feet.

A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet in floor area is limited to the lawful floor area and structural footprint at the time of the urban lot split. It may not be expanded.

A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after the urban lot split.

Subject to subsections (D)(5)(b) and (c) of this section, development on either or both of the resulting lots does must comply with all standard setbacks and building coverage for its location.

Only to the extent necessary to avoid a conflict with Government Code Section 66411.7, 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.

A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of two units of up to 800 square feet on a resulting parcel, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet. However, in no event may any unit be constructed without at least providing a four-foot setback from the side and rear lot lines. The front setback includes any property boundary that has frontage on a public or private street.

For each dwelling unit on the resulting lots that is or that is proposed to be connected to an on-site wastewater treatment system, the applicant must: (i) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (ii) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. This section shall not be interpreted to allow an on-site water treatment system where a sewer connection is available or where the property is required to connect to sewer.

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

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

All fee interest in a lot must be held equally and undivided by all individual property owners.

Gives notice that the parcel was created through an urban lot split.

Gives notice of any site limitations resulting from the urban lot split, including but not limited to the size of units on the parcel and the allowable uses for the parcel.

Expressly prohibits any development or construction on the parcel that would be inconsistent with this chapter.

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

Expressly prohibits any nonresidential use of the lots created by the urban lot split.

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

Identifies the city as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.

The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.

The director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.

If more than one year has elapsed since the lot was created and a building permit for residential development thereon has not been issued;

The holder of a building permit does not commence construction within 18 months of the date the permit was issued; or

The lot is otherwise subject to a reversion to acreage or a lot merger.

Evidence that the applicant is an individual property owner.

If applicable, compliance with the consent and subordination requirements provided in subsection (A)(1) of this section.

Proof that none of the circumstances set forth in subsections (C)(6) (Historic Properties and Districts) and (C)(7) (Impact on Protected Housing) of this section are present.

A signed affidavit indicating that the applicant acknowledges and agrees that the lot will be used for residential purposes only.

Proof of any inspections required under subsection (C)(5) of this section (Inspection).

Proof that the requirements of subsection (D)(5) of this section (Demolition Cap) are satisfied.

If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.

A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.

Very High Fire Hazard Severity Zone. For lots within a very high fire hazard severity zone, the application does not include proof of an inspection by the city's building official or other city designee confirming full compliance with all existing fire and building code standards.

Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the city's building official or other city designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard city requirements for development within an earthquake fault zone.

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

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

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.

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

A specific adverse impact includes, but is not limited to, the two-unit project would result in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.

The subdivision or development within an environmentally sensitive habitat area, which is based on specific and defined environmental impacts on protected species and habitat as established by federal, state, or local codes and regulations, as well as established procedures for mitigating and avoiding such impacts as set forth in the Fortuna general plan.

The city council may adopt, by resolution or ordinance, guidelines that set forth additional circumstances that create a rebuttable presumption that a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the director's discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

The total floor area of each unit that is developed under this chapter must be: (i) less than or equal to 800 square feet and (ii) more than 500 square feet.

A unit that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet in floor area is limited to the lawful floor area and structural footprint at the time of the two-unit project. The unit may not be expanded.

A unit that was legally established prior to the two-unit project and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after or as part of the two-unit project.

Subject to subsections (D)(6)(b) and (c) of this section, all setbacks and building coverage must comply with the standard setbacks for its location.

Only to the extent necessary to comply with Government Code Section 65852.21, 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.

A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of up to two units on the lot or that would result in a unit size of less than 800 square feet in floor area, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet in floor area. However, in no event may any unit be constructed without at least providing a four-foot setback from the side and rear lot lines. The front setback includes any property boundary that has frontage on a public or private street.

For each dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system, the applicant must: (i) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (ii) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. This section shall not be interpreted to allow an on-site water treatment system where a sewer connection is available or required.

Consistency with Existing Units. On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.

Consistency Between Multiple New Units. If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes.

Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings to match the existing exterior garage wall covering and detailing.

Entrance Orientation – Detached Units. The primary entrance to a detached dwelling unit shall face the front or interior of the parcel unless the dwelling unit is directly accessible from an alley or a public street.

Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use:

Second-Story Decks and Balconies. Second-story decks and balconies shall be set back a minimum of 10 feet from a side or rear property line adjoining a lot occupied by a single-family dwelling.

Outdoor Stairs. Outdoor stairs serving a second-story dwelling unit shall be oriented to the interior of the lot, rather than a side or rear property line immediately adjacent to the dwelling unit.

Architectural Details. The following architectural detail standards are required for SB 9 dwelling units located on historic properties:

The planning commission may allow exceptions to these design requirements through the use permit approval process for projects that utilize alternative designs that are found to continue to minimize privacy, noise, and aesthetic impacts to a comparable degree.

Gives notice that the two-unit project was created pursuant to this chapter.

Gives notice of any site limitations resulting from the two-unit project, including but not limited to restrictions on off-street parking, the size of units on the parcel and on the ability to obtain a standards modification for the parcel.

Expressly prohibits any development or construction on the parcel that would be inconsistent with this chapter.

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

Expressly prohibits any nonresidential use of the lot.

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

Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

Identifies the city as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.

The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.

The director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.