Laguna Beach City Zoning Code
CHAPTER 25
95 SINGLE-FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS
§ 25.95.010 Intent and purpose.
In accordance with California Government Code Sections 65852.21, 66411.7, and 66452.6, the City intends for this Article to regulate SB 9 urban lot splits and the ability to develop or create one or two residential units within a single-family residential zone to the greatest extent feasible as permitted under California housing laws, while retaining the character of the City's single-family neighborhoods. In doing so, and to ensure that no avoidable adverse impacts on the public health, safety, and general welfare result from the creation of multiple residential units on what previously only allowed a single-family dwelling, this chapter prescribes standards for the approval of such units and SB 9 related units and SB 9 urban lot splits that limit the circumstances under which they may be permitted consistent with the purpose and intent of this chapter. If there are any conflicts between this local ordinance and California Government Code Sections 65852.21, 66411.7, and 66452.6, then the state law preempts any local law.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)
§ 25.95.040 SB 9 housing development and lot split applicability.
A proposed SB 9 housing development containing no more than two residential units and/or a parcel map for an SB 9 urban lot split of a parcel within the R-1 Residential Low Density Zone, R/HP Residential/Hillside Protection Zone, Lagunita Zone and Three Arch Bay Zone shall be considered ministerially, without discretionary review or hearing, if the proposed SB 9 housing development and/or SB 9 urban lot split meet all of the following requirements:
(A)
The parcel is not located on a site that is any of the following:
(1)
Within a high or very high fire hazard severity zone, unless the subject site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(2)
A hazardous waste site unless the site has been appropriately cleared for residential use.
(3)
Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.
(4)
Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency, unless either of the following are met:
(a)
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City; or
(b)
The site meets the Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(5)
Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, other adopted natural resource protection plan, lands under conservation easement, or habitat for protected species.
(6)
Any other applicable requirements specified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4.
(B)
Notwithstanding any provision of this section or any other local law, 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 that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(3)
Housing that has been occupied by a tenant in the last three years.
(C)
The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Government Code Section 7060) of Division 7 of Title I to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits and application.
(D)
The development is not located within 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 or county landmark or historic property or district pursuant to a city or county ordinance.
(E)
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 Rev. & Tax Code SS 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by SS214.15).
(F)
Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect or application of the City of Laguna Beach Local Coast Plan (LCP) or California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the City shall not be required to hold public hearings for coastal development permit applications for a proposed housing development or urban lot split pursuant to this chapter.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)
§ 25.95.050 Standards and criteria for dwelling units created.
The following standards and criteria shall apply to all proposed residential units permitted under this chapter. Notwithstanding these requirements, single family residential lots located within the R-1 Residential Low Density Zone, R/HP Residential/Hillside Protection Zone, Lagunita Zone and Three Arch Bay Zone shall be permitted to construct up to two dwelling units which are no less than 800 square feet and no greater than 1,000 square feet in floor area. For purposes of this section, any existing dwelling including any accessory dwelling unit or junior accessory dwelling unit, shall count towards the two dwelling unit maximum.
(A)
Setbacks. All SB 9 housing developments shall maintain the front yard setback for the applicable zoning district in which the lot is located. However, SB 9 housing developments shall maintain a minimum four (4) foot setback on the side and rear yards. No setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as an existing structure. Whenever a side yard or rear yard abuts a street, a minimum setback of 10 feet shall be required on the street side yard and the setback for the zone shall apply to the rear street-side lot line.
(B)
Parking. A minimum of one parking space shall be required for each SB 9 housing development.
(C)
Building Separation, Landscaping and Lot Coverage Requirements. Unless otherwise specified in this chapter, an SB 9 housing development shall comply with the building separation, landscaping and lot coverage standards of the applicable zoning district in which the lot is located. The building lot coverage limitation shall include all structures, including the main residence, any SB 9 housing development, any accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building lot coverage specified in the zone in which the SB 9 housing development is proposed.
(D)
Short-Term Rentals Prohibited. SB 9 housing developments shall only be rented or leased for a term longer than 30 days. A deed restriction prepared by the City shall be recorded on the subject property prior to issuance of building permits of the SB 9 housing development stating that any dwelling constructed upon property subject to the SB 9 housing development shall only be rented or leased for a term longer than 30 days and that the deed restriction runs with the land, with the provision that this will be enforced against future owners of the property.
(E)
Occupancy. A deed restriction prepared by the City shall be recorded on the subject property prior to issuance of building permits for any SB 9 housing development stating that the property owner shall occupy one of the dwelling units created by an SB 9 housing development for a period of three years from the date of approval of the SB 9 housing development as his or her primary residence and that the deed restriction runs with the land with the provision that this will be enforced against future owners of the property for a period of three years from the date of approval.
(F)
Mobile Homes/Recreational Vehicles. SB 9 housing developments shall not consist of a mobile home or recreational vehicle.
(G)
Each housing unit must be a minimum of 800 square feet and no greater than 1,000 square feet.
(H)
Maximum Height. All SB 9 housing developments shall be subject to a height limitation of sixteen (16) feet, and no new roof decks or balconies shall be located on a new structure.
(I)
Exterior design, including materials, finishes, colors and landscape shall be compatible with existing buildings on the site (if any exist) and if two units are proposed, shall be compatible with one another.
(J)
Comply With All Provisions. Unless otherwise specified by the provisions of this chapter or State law, SB 9 housing developments shall be required to comply with all provisions of the underlying zoning designation and all regulations required for a primary single-family dwelling unit, including but not limited to all applicable building and construction requirements.
(K)
Additional Units. No accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) shall be permitted on a lot which contains two SB 9 housing development units.
(L)
Non-Permitted Use. No SB 9 housing development shall be established on any lot which has an existing non-permitted use with respect to the City's current use standards.
(M)
The City shall review each SB 9 housing development application for any other issues related to adequacy of water or sewer services, and/or the impact of the proposed development on traffic flow, or public safety.
(N)
Additional Requirements.
(1)
All SB 9 housing developments shall be constructed upon a permanent foundation.
(2)
All SB 9 housing developments shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including but not limited to interior washer and dryer hookups and kitchen facilities.
(3)
All SB 9 housing developments must have separate utility connections and separate utility meters.
(4)
Each SB 9 housing development unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.
(5)
All SB 9 housing developments must meet the requirements of all Uniform Codes, including but not limited to the California Building Code and the California Fire Code, as such codes have been adopted and amended by the City of Laguna Beach Municipal Code.
(6)
Two-unit developments created by SB 9 may be either freestanding or attached. Internal connections between units are prohibited. Each unit shall provide independent exterior entrance, kitchen, bathroom and laundry facilities.
(7)
All exterior mechanical equipment such as air conditioners, water heaters and the like must meet Municipal Code requirements for setbacks, noise and screening.
(8)
If trees larger than six-inch diameter trunks are removed to construct an SB 9 unit, the trees must be replaced with approved landscaping at a two-to-one ratio.
(9)
Screen all new and existing windows, doors, decks, patios or entrances in direct line of sight to adjoining residences with fencing, walls, landscaping, privacy glass or similar privacy methods to maintain the greatest degree of privacy to adjacent residential units.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)
§ 25.95.060 Standards and criteria for SB 9 urban lot splits.
SB 9 urban lot splits must meet all the following requirements:
(A)
The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(B)
Both newly created SB 9 parcels shall be no less than 1,200 square feet with no zig-zag lot lines and no flag lots. The Community Development Director may waive these lot line standards when deemed technically necessary.
(C)
Lots created from an SB 9 urban lot split may not be further subdivided.
(D)
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner may subdivide an adjacent parcel using an SB 9 urban lot split as provided in this chapter.
(E)
An SB 9 urban lot split shall comply with all applicable objective requirements of the Subdivision Map Act unless otherwise specified in this chapter or State law.
(F)
No dedications of right-of-way or construction of off-site improvements may be required for parcels being created by SB 9 urban lot splits. However, the City may require easements for the provision of public services and facilities.
(G)
The street facing parcel of an SB 9 urban lot split shall contain a minimum of 30 feet of street frontage with direct and compliant vehicle access to the public right-of-way. The Community Development Director may authorize shorter street frontages when adequate vehicle access to both lots is demonstrated.
(H)
Any lot created by an SB 9 urban lot split shall be limited to residential uses.
(I)
A deed restriction prepared by the City shall be recorded on the subject property prior to issuance of the SB 9 urban lot split permit stating the following:
(1)
That rental of any dwelling constructed or existing upon property subject to the SB 9 urban lot split shall be required to be rented or leased for a term longer than 30 days;
(2)
That the property owner shall occupy one of the dwelling units upon a parcel created by an SB 9 urban lot split for a period of three years from the date of approval of the SB 9 urban lot split as his or her primary residence; and
(3)
That the deed restriction runs with the land and each provision therein may be enforced against future owners of the property.
(J)
Associated Permits. If an application for a SB 9 urban split triggers the requirement for a discretionary or ministerial permit other than a SB 9 urban lot split and/or a building permit (including but not limited to a Design Review and/or Conditional Use Permit), those associated permits must be applied for and obtained prior to application for an SB 9 urban lot split application. The process for obtaining the associated permit(s) shall be as set forth in Chapter 25.05 of this title.
(Ord. 1668 § 6, 2022; Ord. 1671 § 6, 2022; Ord. 1685 § 2, 2023)
