La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
85 URBAN DWELLINGS AND URBAN LOT SPLITS
§ 11.85.010 Purpose.
§ 11.85.020 Definitions.
As used in this section, terms are defined as follows:
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons as defined in Chapter 11.33 of the La Cañada Flintridge Municipal Code.
means a residential unit as defined in Chapter 11.33 of the La Cañada Flintridge Municipal Code.
(Ord. 503 § 3, 2022)
§ 11.85.030 General requirements.
Urban dwellings shall be subject to the following requirements:
A.
Applicability.
1.
R-1 Zoning. Any proposed urban dwelling must be located within the R-1 Single-Family Residential Zone.
2.
Historic Designation. Any proposed urban dwelling must not be located on property included on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources Code), or within a site that is designated or listed on the city's official register as a historic resource pursuant to the historic preservation ordinance.
3.
Very High Fire Hazard Severity Zone. Any proposed urban dwelling located within any of the areas identified on Figure SE-6 Neighborhoods with Single Point of Access of the draft Safety Element (2021), at increased risk of wildfire, must demonstrate compliance with California Fire Code, Appendix D – Fire Apparatus Access Roads.
4.
Demolition and Alteration.
a.
A proposed urban dwelling must not require demolition or alteration of any of the following types of housing:
i.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
iii.
Housing that has been occupied by a tenant in the last three years.
b.
Limit on Demolition. A proposed urban dwelling must not demolish more than 25% of the existing exterior structural walls. This limitation does not apply if the existing structure has not been occupied by a tenant in the last three years.
c.
Other Instances.
i.
A proposed urban dwelling must not be on a parcel located in the areas specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, including any amendments or success statutes thereto.
ii.
A proposed urban dwelling shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.
B.
Ministerial Review. Proposals for urban dwellings will be reviewed ministerially, without discretionary review or a hearing, through the zoning clearance process.
C.
Permitting. All construction is subject to the city's permitting process, which includes review by affected city departments and contracted county agencies, such as the Los Angeles County Fire Department and the Los Angeles County Department of Public Health (for on-site wastewater treatment systems).
D.
Short Term Rentals Prohibited. The rental of any urban dwelling shall be for a term longer than 30 days.
(Ord. 503 § 3, 2022)
§ 11.85.040 Objective zoning standards.
The following standards shall apply to all urban dwellings within the city.
A.
Maximum Number of Units:
1.
Each parcel created through an urban lot split shall be limited to two dwelling units. An existing or proposed primary residence, urban dwelling unit, accessory dwelling unit (ADU) and/or junior accessory dwelling unit (JADU) will be counted toward the maximum number of units. There shall only be one primary residence, developed consistent with Chapter 11.11, permitted on either of the two lots.
2.
A parcel not affected by an urban lot split shall be limited to three dwelling units. An existing or proposed primary residence, urban dwelling unit, ADU, and/or JADU will be counted toward the maximum number of units. There shall only be one primary residence.
B.
Minimum Size. The minimum size of an urban dwelling shall be 500 square feet.
C.
Maximum Size. The maximum size of an urban dwelling shall not exceed 800 square feet and shall include all habitable areas, including any basement (whether daylighting or not) or habitable attic area. See subsection (E) below. The area of any garage shall be excluded from the 800 square foot maximum urban dwelling size.
D.
Setbacks.
1.
Property Line Survey Required. Where an urban dwelling is proposed, either as a conversion of an existing structure or new construction, with setbacks of five feet or less from a property line or applicable access easement, a property line survey shall be provided at time of application to ensure the location of the property line and any existing or proposed urban dwelling is correctly identified. If the proposed urban dwelling consists of the conversion of an existing structure that crosses a property line in violation of the California Building Code or California Existing Building Code, a lot line adjustment shall be completed prior to the submittal of an application for an urban dwelling.
2.
Right-of-Way (ROW) Identification Required. Where an urban dwelling is proposed, either as a conversion of an existing structure or new construction, the applicant shall coordinate with the public works department to determine if any future ROW dedication may be necessary to comply with the general plan circulation element and identify any such future ROW on the site plan. The dedication of said ROW shall not be required as part of the approval; it shall be used for informational purposes only.
3.
Existing Structures. No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.
4.
For all lots, except flag lots and hillside lots, which shall have a front setback requirement of 25 feet, the required minimum and maximum front yard setback shall be based on an average of neighboring properties, per LCFMC 11.11.050(C)(2).
5.
New Structures and Additions. The minimum setback from the side and rear property line is four feet.
E.
Incentive. If the urban dwelling meets the requirements for the standard R-1 front, side, and rear yard setbacks (per LCFMC 11.11.050(C)), the maximum size can be up to one thousand six hundred feet (1,600) square feet. The parcel owner utilizing this incentive shall record a deed restriction in a form approved by the city attorney's office stipulating that no urban lot split of the parcel is permitted.
F.
Height.
1.
New Structures. An urban dwelling shall not be more than one-floor level and shall not exceed 18 feet in height, as measured from the lowest finish grade adjacent to the building or directly beneath a projecting wall surface, to the highest roof structure. The distance from the top plate to the finished floor shall not exceed eight feet. Vaulted ceilings, volume space and/or architectural elements that increase would increase structure height are not permitted. Additional height through Director's Review – Height Modification, Zoning Code Section 11.45.040, is not permitted.
2.
Additions. An urban dwelling can be added to a site with an existing two-story structure. In such instances the entirety of the additional urban dwelling shall meet the requirement of subsection (F)(1) above.
3.
Conversions. In cases where an urban dwelling is being added by subdividing an existing structure, the height requirements of subsection (F)(1) above do not apply.
4.
Exceptions. Where there is insufficient space to develop an urban dwelling up to a maximum of 800 square feet at a single floor level, the urban dwelling shall not exceed 25 feet in height, with a maximum top plate height of 18 feet. If a third floor level is necessary to develop an 800 square foot urban dwelling, the third floor level must be completely subterranean and the basement level plate height shall be below grade.
G.
Second Floor Level Step-backs. Projects that exceed the one floor level height limit per subsection (F)(4) of this section, must step-back the second floor level a minimum of four feet from the ground floor. This standard applies only to side yard and rear setbacks.
H.
Angle-Plane.
1.
No portion of a building shall exceed the height of a 45 degree plane drawn from a height of ten feet above existing ground level at all boundaries of the lot. Roof eaves and rafter tails projecting out from the vertical plane of the exterior wall surface are exempted.
2.
Existing ground level shall be the lowest grade elevation at the property boundaries prior to start of construction.
I.
Building Separation. An urban dwelling may be attached or detached. A detached urban dwelling shall meet all building code requirements, including sufficient building separation to allow an urban lot split or separate conveyance of the urban dwelling.
J.
Driveways and Parking. An urban dwelling shall provide at least one off-street, on-site parking space, which can include garages, carports, or driveway parking. Any additional parking space may be provided in setbacks or as tandem parking, unless specific findings are made that parking in the setback is not feasible based upon specific site or regional topographical or fire and life safety conditions. The additional space need not be covered but shall be paved or constructed utilizing an equivalent surface and accessible from a single, common driveway for both the existing or proposed urban dwellings.
K.
Fences, Walls and Retaining Walls. All new fences, walls and retaining walls shall comply with the standards contained in LCFMC Section 11.11.050(E). Exceptions are limited to those in LCFMC Section 11.11.050(E)(10).
L.
Utilities. Separate utility meters shall be provided for each urban dwelling. All newly created parcels pursuant to an urban lot split shall be connected to public sewer or provide a private wastewater system that is fully contained within the newly created parcel boundaries. Each unit that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.
M.
Building Official Review. The city shall deny a proposed urban dwelling if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed urban dwelling would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), including any amendment or successor statute thereto, upon 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. The decision of the building official may be appealed to the planning commission in compliance with Section 11.49.010.
N.
Tree Preservation. If removal of a protected tree is required to provide a minimum 800 square foot urban dwelling, the property owner shall replace it with a protected tree at the 48 inch box size (minimum).
O.
Disclosures. The following disclosures shall be recorded on the property and proof of the recordation shall be provided to the city prior to final occupancy:
1.
The urban dwelling is not eligible for any future overnight parking permitting programs;
2.
The urban dwelling must not be used for short term rentals;
3.
The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite;
4.
The property owner must pay any special inspection fee in the city's resolution adopting the master schedule of fees and charges;
5.
The property owner must provide all necessary information (including income level) to the city, required in the annual housing element report;
6.
Separate conveyance of a primary residence on the property, any separate fee interest, and any common interest development within the lot is expressly prohibited;
7.
The property was subdivided as an urban lot split and is, therefore, subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.
(Ord. 503 § 3, 2022)
§ 11.85.050 Objective design standards.
A.
Objective Design Standards for Additions. An addition to an existing structure or construction of a new urban dwelling on a parcel that contains an existing dwelling unit that is to be retained shall comply with the following standards:
1.
The architectural style of the urban dwelling shall be consistent with the existing dwelling unit, including, but not limited to, the dominant roof pitch, window size, proportion of window units to wall size, direction of window openings, muntin pattern, exterior building materials, lighting fixtures, and paint colors.
2.
Privacy. Any windows within five feet of a property line shall be obscured glass or clearstory windows placed at six feet or higher.
3.
Balconies. No balcony shall be permitted.
4.
New mechanical equipment shall be placed a minimum of five feet from any property line and shall be ground mounted.
B.
Objective Design Standards for New Construction. The following standards apply to all new construction, where no dwelling unit exists, not additions:
1.
Style. The architectural style of the urban unit shall be consistent with the existing dwelling unit in terms of roof style, roof pitch, architectural detailing, and materials.
2.
Front Façade Articulation. Front elevations must include at least two of the following: porch, canopy, bay window, awning, chimney, or courtyard. The porch or courtyard must be at least five feet deep.
3.
Entrances. The front entry must be either recessed or protrude a minimum of five feet from the front wall. The front recessed entry or porch area must be covered.
4.
Privacy. Any windows within five feet of a property line shall be obscured glass or clearstory windows placed at six feet or higher.
5.
Side and Rear Articulation. No wall along a side-, rear-, or street side-yard may extend more than 24 feet without architectural articulation or an offset of at least two feet for not less than eight feet. The eave of the roof must be articulated as well at the same proportion as the wall below. See the images, below. The first image does not meet this requirement, while the second image, does.
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6.
Exterior Materials. Must be consistent on all sides of the building.
7.
Quantity of Exterior Materials. All urban dwellings shall include at minimum of two exterior building wall materials. The following exterior materials area permitted: stucco, wood, rock/stone, hand-painted tile, brick, or clinker brick. Roofing, window and door trim does not count as a second material.
8.
Durable Materials. Design features made from foam covered by stucco are not permitted.
9.
Two Colors. Urban dwellings shall include at least two colors; one for the main wall color and another for architectural trim pieces.
10.
Exterior Stairwells. Exterior stairs leading from the ground floor to a second floor level are prohibited.
11.
Lighting. All exterior lighting must be limited to down-lights.
12.
Decks. There shall be no decks at a height of 24 inches or greater.
13.
New mechanical equipment shall be placed a minimum of five feet from any property line and shall be ground mounted.
14.
Balconies. No balcony shall be permitted.
15.
Fencing. Fencing shall be constructed of wood, wood composite or metal; there shall be no vinyl or plastic materials.
C.
Exceptions to Objective Standards. Any objective zoning standard, objective subdivision standard, or objective design standard that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two eight hundred (800) square foot units:
1.
Floor area ratio.
2.
Tree preservation.
3.
Second floor step backs.
4.
Side and rear articulation.
5.
Maximum Number of Stories. If waiving of all the above standards does not provide for an 800 square foot unit, the building may exceed the maximum number of floors. After exceeding the maximum number of floors, the applicant must then replace the above objective standards in the opposite order until the unit size is reduced to 800 square feet.
(Ord. 503 § 3, 2022)
§ 11.85.060 Urban lot split requirements.
The following requirements shall apply to all urban lot splits within the city.
A.
Applicability.
1.
R-1 Zoning. Any proposed urban lot split must be located within the R-1 Single-Family Residential Zone.
2.
Historic Designation. Any proposed urban lot split must not be located on the State Historic Resources Inventory, see Section 5020.1 of the Public Resources Code, or on a parcel that is designated or listed on the city's official register as a historic resource pursuant to the historic preservation ordinance.
3.
Fire Hazard Severity Zone. Any proposed urban lot split must not be located in very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by the adopted building and fire codes.
4.
Demolition and Alteration. A proposed urban lot split must not require demolition or alteration of any of the following types of housing:
a.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c.
Housing that has been occupied by a tenant in the last three years.
5.
Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
6.
No Prior Lot Split. The lot to be split was not established through a prior urban lot split.
7.
Development of Adjacent Sites. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. For the purposes of this article, "any person acting in concert" with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.
8.
Other Instances.
a.
A proposed urban lot split must not be on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, including any amendments or successor statute thereto.
b.
A proposed urban lot split must not be on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.
B.
Ministerial Review. Proposals for urban lot splits will be reviewed ministerially, without discretionary review or a hearing, if it complies with all the requirements of this section. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
C.
Compliance with Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this section.
D.
Dedication and Off-Site Improvements. A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map hereunder.
E.
Emergency Access and Utility Easements. If necessary, an access easement must be provided over the front parcel to the rear parcel for access to the public right-of-way, providing public services and facilities, maintenance of utilities, and (if required) emergency access. Each easement must be shown on the parcel map.
F.
Easement Recordation. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
G.
Owner Occupied. Prior to the recordation of the parcel map, the owner of a parcel subject to an urban lot split must sign an affidavit stating that the owner will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split if a residence is already located on the parcel, or three years from the date of issuance of a certificate of occupancy for an urban dwelling if no residence exists at the time of recordation of the urban lot split. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the Revenue and Taxation Code.
H.
Short Term Rentals Prohibited. The rental of any urban dwelling constructed on an urban lot split must be for a term longer than 30 days.
I.
Residential Uses, Only. All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does not apply to an applicant that is a "community land trust," as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
J.
Nonconforming Zoning Conditions. Nonconforming zoning conditions are not required to be made conforming before approving an urban lot split.
K.
Enforcement. The owner of a lot created through an urban lot split shall reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
(Ord. 503 § 3, 2022)
§ 11.85.070 Urban lot split objective development standards.
The following objective development standards apply to urban lot splits within the city.
A.
Size and Number. An urban lot split shall not result in more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. An urban lot split shall not be approved if either new lot contains more than two units, including an existing or proposed primary residence, ADU, JADU or urban dwelling.
B.
Minimum Size. Both newly created parcels created by an urban lot split shall not be smaller than 1,200 square feet.
C.
Subdivision shall not result in a new parcel with an average lot width that is less than the average lot width of the original parcel. Any flag/access easement less than 20 feet in width shall not be used to calculate average lot width. However, this requirement shall be waived if the subdivision applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of subsection A or B of this section.
D.
A 20 foot-wide flag/access easement shall be provided for all new parcels that do not have direct frontage on a public or private road, unless otherwise approved by the LA County Fire Department. Driveway access to the new parcels shall be shared unless the applicant demonstrates that it would prohibit a subdivision that otherwise meets the requirements of subsection A or B of this section.
E.
Setbacks.
F.
Building Separation. The units or structures involved in an urban lot split may be attached or detached provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
G.
Separate utility meters shall be provided for each parcel prior to recordation.
H.
All newly created parcels shall be connected to public sewer or provide a private wastewater system that is fully contained within the new parcel boundaries.
I.
The subdivision is subject to all future impact or development fees related to the creation of a new parcel in effect at the time.
J.
A note on the parcel map and a recorded deed restriction in a form approved by the city attorney's office shall be applied to all newly created parcels indicating that the parcel was split using the provision of this article and that no further subdivision of the parcels is permitted.
K.
Building Official Review. The city will deny a proposed urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), including any amendment or successor statute thereto, upon 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.
L.
Urban Lot Splits in Conjunction with Urban Dwellings. New units constructed on lots created through an urban lot split shall meet the requirements of urban dwellings and/or ADUs. A new JADU may only be permitted within a primary residence that was or will be legally constructed. There shall only be one primary residence, permitted consistent with the requirements of Chapter 11.11, will be permitted on either of the two lots.
M.
Quantity.
1.
Each parcel that was created through an urban lot split shall be limited to two dwelling units. An existing or proposed primary residence, urban dwelling, ADU and/or JADU will be counted toward the maximum number of units. There shall only be one primary residence allowed (on either of the two lots).
2.
A parcel that is not affected by an Urban Lot Split and contains an urban dwelling shall be limited to three dwelling units. An existing or proposed primary residence, urban dwelling, ADU and/or JADU will be counted toward the maximum number of units. There shall only be one primary residence.
N.
Disclosures.
1.
The following disclosures shall be recorded on the property and proof of the recordation shall be provided to the city prior to final approval:
a.
The site is not eligible for any future overnight parking permitting programs;
b.
The site must not be used for short term rentals;
c.
The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee in the city's resolution adopting the master schedule of fees and charges;
d.
The property owner must provide all necessary information (including income level) to the city, required in the annual housing element report;
e.
The site cannot be the subject of future urban lot splits.
(Ord. 503 § 3, 2022)