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La Verne City Zoning Code

CHAPTER 18

122 TWO-UNIT HOUSING DEVELOPMENT

§ 18.122.010 Definitions.

For purposes of this chapter, the following definitions shall apply:
"Housing development"
means no more than two primary residential units within a single-family zone that meets the requirements of this chapter. The two units may consist of two new units or one new unit and one existing unit.
"Primary unit"
shall mean a residential unit that is not otherwise classified as an accessory dwelling unit or a junior accessory dwelling unit in accordance with Chapter 17.33.
"Unit"
means any dwelling unit, including, but not limited to, a primary dwelling unit or any unit created pursuant to this chapter, as well as an accessory dwelling unit or a junior accessory dwelling unit, which is allowed as provided for in Chapter 18.120 of this code.
"Urban lot split"
has the same meaning as set forth in Section 16.12.060.
(Ord. 1117 § 2, 2023; Ord. 25-1136, 9/15/2025)

§ 18.122.015 Time for action on application.

A. 
The city shall approve or deny an application for a housing development within sixty days from the date of receipts of a complete application. Failure to approve or deny within this time period shall mean the application is deemed approved.
B. 
If the city denies the application, it shall, within the sixty-day period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

§ 18.122.020 Approval requirements.

The city shall ministerially approve a housing development containing no more than two primary units if it meets the following requirements and those of Section 18.122.030:
A. 
The parcel is not located in any of the following areas and does not fall within any of the following categories:
1. 
A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
2. 
A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
3. 
A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
4. 
A special flood hazard area subject to inundation by the one percent annual chance flood (one-hundred-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subsection if either of the following are met:
a. 
The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or
b. 
The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter 1 of Title 44 of the Code of Federal Regulations.
5. 
A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
6. 
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Ac (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
7. 
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
8. 
Lands under conservation easement.
B. 
The proposed housing development would not require demolition or alteration of any of the following types of housing:
1. 
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;
2. 
Housing on a parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq., to withdraw accommodations from rent or lease within fifteen years before the date of the application; or
3. 
Housing that has been occupied by a tenant in the last three years.
C. 
Unless demolition or alternation is prohibited pursuant to subsection B above, a housing unit may be demolished.
D. 
If a lot has not been divided as an urban lot split pursuant to Section 16.12.060, two additional units consisting of an accessory dwelling unit and junior accessory dwelling unit may be permitted for a total of four units.
(Ord. 1117 § 2, 2023; Ord. 25-1136, 9/15/2025)

§ 18.122.030 Standards and requirements.

A. 
The following objective standards for residential development currently applicable in La Verne will be prioritized in ascending order (with subsection A.7, regarding front yard setback, being of the highest priority, and subsection A.1, regarding frontage, being the lowest priority) if, and only if those standards preclude two eight-hundred-square-foot residential units from existing/being constructed as a part of an SB 9 project:
1. 
Minimum ten-foot lot frontage to street or alleyway for urban lot splits.
2. 
Residential driveway standards as set forth in Section 18.76.060.
3. 
Minimum ten-foot building separation.
4. 
Outdoor Living. For SB 9 units in single-family zones, there must be outdoor living spaces that meet the following requirements:
a. 
Each unit shall have a separate useable outdoor living area of four hundred square feet, with fifteen feet minimum in any direction.
b. 
Outdoor living areas and the immediate surroundings shall be landscaped.
c. 
Outdoor living areas do not include parking areas, driveways, or front and rear yard setback areas.
5. 
Maximum lot coverage allowed by the underlying zone.
6. 
Maximum building height allowed by the underlying zone.
7. 
Front yard setback required by the underlying zone.
B. 
Notwithstanding any other provisions of the municipal code to the contrary, the following requirements shall apply in addition to all other objective standards applicable to the underlying zone:
1. 
Setbacks.
a. 
No setback shall be required for an existing structure, or a structure constructed in the same location and within the same dimensions as an existing structure.
b. 
Except for those circumstances described in subsection B.1.a above, the setback for side and rear lot lines shall be four feet.
c. 
The front setback shall be that required by the underlying zone, provided the setback does not preclude two eight-hundred-square-foot residential units from existing on each lot.
d. 
For landlocked parcels, side yard setbacks shall apply to all property lines.
2. 
The applicant shall provide easements for the provision of public services and facilities as required.
3. 
One parking space per unit shall be required on the lot unless the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3. The parking space need not be covered, but tandem parking between units shall not be allowed.
a. 
If a parking space is not required, then the owner shall be required to disclose that fact in any sales or rental agreement.
(Ord. 1117 § 2, 2023; Ord. 25-1136, 9/15/2025)

§ 18.122.040 Limitations on city actions.

A. 
The city may impose objective zoning, subdivision, and design review standards that do not conflict with this chapter. However, no objective standard shall be imposed that would have the effect of physically precluding the construction of two units on a lot or that would result in a unit size of less than eight hundred square feet.
B. 
The city shall not deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met, and they are sufficient to allow a separate conveyance.
(Ord. 1117 § 2, 2023; Ord. 25-1136, 9/15/2025)

§ 18.122.050 Affidavit-Form-Contents.

An applicant for a second house on a lot shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:
A. 
That the uses shall be limited to residential uses.
B. 
That the rental of any unit created pursuant to this chapter shall be for a minimum of thirty-one days.
C. 
That the maximum number of primary units, as defined in Section 18.122.010, to be allowed on the parcels is two and the maximum number of units is four.
(Ord. 1117 § 2, 2023; Ord. 25-1136, 9/15/2025)

§ 18.122.060 Denial grounds.

The city may deny the housing development on any grounds in addition to that set forth in Section 18.122.020A.6 above, 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), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(Ord. 1117 § 2, 2023; Ord. 25-1136, 9/15/2025)