The purpose of this article (Sections 17.41.010—17.41.020) is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2, 65852.22, and 65852.23.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

As used in this section, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the junior accessory dwelling unit.

E.

"High-quality transit corridor" shall have the meaning as set forth in Public Resources Code Section 21155.

F.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than 500 square feet in size.

2.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5.

It includes an efficiency kitchen, as defined in subsection D above.

G.

"Living area" means the interior habitable area of a dwelling unit, including habitable basements and attics, but does not include a garage or any accessory structure.

H.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

I.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

J.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

L.

"State-exemption ADUs" means ADUs and JADUs allowed by Government Code Section 65852.2(e), which are limited to:

1.

An ADU that is within the space of an existing or proposed single-family dwelling or accessory structure and, if located within an accessory structure, may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure. The additional square footage shall be limited to accommodating ingress and egress.

2.

A junior accessory dwelling unit as defined in this subsection that does not exceed 500 square feet.

3.

A detached, new construction, ADU that does not exceed 800 square feet, height in compliance with Section 21.78.050.D.1, and 4-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. A JADU as described in subparagraph (2) is also allowed on the same lot.

4.

Multiple ADUs within the portions of existing multi-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings; not to exceed 25% of the existing multi-family dwelling units.

5.

Not more than 2 ADUs that are located on a lot that has an existing multi-family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of 18 feet and 4-foot rear yard and side setbacks.

M.

"Tandem parking" means that 2 or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Building Permit. Any ADU or JADU that complies with all of the applicable development standards of this article requires only a ministerial building permit.

B.

Review Timeline. The city shall approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1.

The owner of the parcel requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or

2.

When an application to create an ADU or JADU is submitted with an application to create a new single-family or multi-family dwelling on the same parcel, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerial and acted upon without discretionary review or a hearing.

C.

Denial Requirements. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection B above.

D.

Demolition Permit. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

ADUs and JADUs on a Single-Family Lot. ADU and JADU standards for lots in a residential or mixed-use zone with a proposed or existing single-family dwelling shall comply with the following:

1.

General Requirements.

a.

Maximum Number. No more than one JADU and one ADU shall be allowed per legal parcel.

b.

Minimum Size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

c.

JADU Requirements. JADUs shall comply with the requirements of Government Code Section 65852.22.

2.

Requirements for Interior ADU (Converted Space) on a Single-Family Lot.

a.

Definition. An interior ADU is either:

1)

Within the space of an existing or proposed single-family dwelling; or

2)

Within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress.

b.

Access. An interior ADU shall have exterior access that is independent of that for the single-family dwelling; and

c.

Setbacks. An interior ADU shall have side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

3.

Requirements for Attached ADU on a Single-Family Lot.

a.

Definition. An attached ADU is new construction that is attached to the primary structure and is not an interior ADU as defined in subsection A.2.a.

b.

Maximum Size. An attached ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with 2 or more bedroom. Application of the requirements of this subsection A.3 might further limit the size of the ADU; however, no application A.3.d.1 (front-yard setbacks) or A.3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.

c.

Maximum Height. An attached ADU shall not exceed 25 feet in height. Notwithstanding the foregoing, ADUs shall not exceed 2 stories.

d.

Minimum Setbacks.

1)

Front-yard setback: 25 feet

2)

Side-yard setback: 4 feet

3)

Rear-yard setback: 4 feet

e.

Maximum Lot Coverage.

4.

Requirements for Detached ADU on a Single-Family Lot.

a.

Definition. A detached ADU is new construction that is detached from the primary structure and is not an interior ADU as defined in subsection A.2.a.

b.

Maximum Height. A detached ADU shall not exceed 18 feet in height, and up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

Minimum Setbacks.

1)

Front-yard setback: 25 feet

2)

Side-yard setback: 4 feet

3)

Rear-yard setback: 4 feet

d.

Maximum Lot Coverage.

5.

Interior ADU Combined with New Construction. Where an ADU is created through a combination of conversion of an existing structure (interior ADU) and new construction (either attached ADU or detached ADU), the new construction portion of the project is subject to the development standards applicable to new construction standards for attached ADUs in subsection A.3 or detached ADU in subsection A.4, as applicable. If the interior ADU exceeds the maximum sizes indicated in subsections A.3 and A.4, no additional square footage shall be permitted.

B.

ADUs on a Multi-Family Lot. ADU standards for lots in a residential or mixed-use zone with existing or proposed multi-family dwellings shall comply with the following:

1.

General Requirements.

a.

Maximum Number.

1)

Up to 25% of the number of units in the proposed or existing multi-family dwelling (but no less than one) shall be allowed as interior ADUs created within the space of the existing or proposed multi-family structure; and

2)

No more than 2 detached ADUs per lot.

b.

Minimum Size. The minimum size of an ADU shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

2.

Requirements for Interior ADU (Converted Space) on a Multi-family Lot.

a.

Definition. An interior ADU is created from space located within portions of existing or proposed multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; and

b.

Standards. An interior ADU shall comply with state building standards for dwellings.

3.

Requirements for Detached ADU on a Multi-family Lot.

a.

Definition. A detached ADU is new construction that is detached from the primary structure and is not an interior ADU as defined in subsection B.2.a.

b.

Maximum Size. A detached ADU shall not exceed 850 square feet for a studio or one-bedroom unit and 1,200 square feet for a unit with 2 or more bedrooms. Application of the requirements of this subsection B.3 might further limit the size of the ADU; however, no application of the requirements in subsection B.3.d.1 (front-yard setbacks) or B.3.e (maximum lot coverage) may require the ADU to be less than 850 square feet.

c.

Maximum Height. Eighteen feet, and up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary structure.

d.

Minimum Setbacks.

1)

Front-yard setback: 25 feet

2)

Side-yard setback: 4 feet

3)

Rear-yard setback: 4 feet

e.

Maximum Lot Coverage.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023; Ord. No. 1130, § 4(Exh. A), 5-27-2025)

The following requirements apply to all ADUs and JADUs.

A.

Fire Sprinklers.

1.

Fire sprinklers are required in an ADU (attached, detached or conversions) and JADU if sprinklers are required in the primary residence.

2.

The construction of an ADU (attached, detached or conversions) or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

B.

Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

C.

No Separate Conveyance. An ADU or JADU may be rented. However, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).

D.

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

E.

Owner Occupancy. Except as specified in subsections 1 and 2, below, at least one person with legal or equitable title to the property on which an ADU or JADU is located must reside on that property as that person's legal domicile and permanent residence. The owner may reside in an ADU, JADU, or primary dwelling on the property.

1.

Any ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirements unless the property has both an ADU and a JADU, in which case the owner-occupancy requirements apply.

2.

The property on which a JADU is located is entirely owned by another governmental agency, land trust, or housing organization is not subject to any owner-occupancy requirement.

F.

Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1.

Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3.

The deed restriction runs with the land and may be enforced against future property owners.

4.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the adu or jadu has been eliminated. appeal may be taken from the director's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5.

The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

G.

Building and Safety.

1.

Building Code Compliance. Subject to subsection 2, below, all ADUs and JADUs shall comply with all local building code requirements.

2.

No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (subsection 17.41.018.G) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

H.

Parking.

1.

Generally. One off-street parking space is required for each ADU in addition to parking spaces required for the primary residence(s) and subject to the following:

a.

Parking must be located on the same parcel as the unit, on a paved surface, without encroachment beyond the parcel boundaries, and accessible by a paved pathway.

b.

Parking may be provided as tandem parking, including on a paved driveway provided:

1)

No parking shall be permitted in the front setback unless the driveway has a minimum depth of 20 feet.

2)

Unless otherwise determined by the director to be infeasible for specific site or regional topographical or fire and life safety conditions.

2.

Exceptions.

a.

Parking for the ADU or JADU. Parking required pursuant to subsection H.1, above, is not required if:

1)

The ADU is an interior ADU that is converted from proposed or existing space of a primary dwelling/structure or existing accessory structure; or

2)

The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.41.012.

3)

The ADU is an ADU or JADU that meets the definition of state-exemption ADU in Section 17.41.012.

b.

Replacement Parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU on the same parcel to be converted to an ADU, those off-street parking spaces are not required to be replaced. This provision does not apply where a JADU is established by conversion of any attached garage; in which case, the loss of parking spaces serving the single-family residence shall be replaced in kind.

3.

Parking Design.

a.

Dimensions. The parking for the ADU or JADU shall be provided by a 10-foot by 20-foot space located either inside a garage or carport, or on a driveway.

b.

Turn Arounds. Parking spaces for ADUs and JADUs shall not block circular drives or hammerhead turn-arounds that serve the primary dwelling unit to provide means by which vehicles can enter a street head-first.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B.

Unpermitted ADUs constructed before 2018.

1.

As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

a.

The ADU violates applicable building standards, or

b.

The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.41, Article I (Sections 17.41.010—17.41.020)).

2.

Exceptions:

a.

Notwithstanding subsection B.1.a, above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

b.

Subsection B.1.a, above, does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

The purpose of this article is to establish a program in accordance with Section 65915 et seq. of the California Government Code to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income in the threshold amounts specified in state law.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.

B.

Compliance. The applicant shall comply with all requirements stated in Government Code Sections 65915 through 65918. The requirements of Government Code Sections 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this code.

C.

Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915.

D.

Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of Government Code Section 65915. Any changes to Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this article conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this article shall be interpreted to be consistent with State Density Bonus Law.

E.

Replacement Housing Requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, the applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

1.

The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;

2.

The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the 5-year period preceding the application;

3.

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or

4.

The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the 5-year period preceding the application.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

General. If a qualifying affordable housing project or land transfer meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

B.

Density Bonus Units. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

C.

Market-Rate Senior Citizen Housing Developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Physical Constraints. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to state or federal law.

B.

Parking. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Lancaster and the applicant shall agree in writing to an appropriate method of ensuring the continued availability of the density bonus units.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

An application for a density increase or other incentives under this article for a housing development shall be submitted in writing to the city to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this article, and in connection with the project for which the request is made, including, but not limited to, the following:

1.

A brief description of the proposed housing development;

2.

The total number of housing units and/or shared housing units proposed in the development project, including unit sizes and number of bedrooms. For the purposes of this section, a "shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code;

3.

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4.

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low- or moderate-income households, or senior citizens, or other qualifying residents;

5.

The zoning, general plan designations and assessor's parcel number(s) of the project site;

6.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

7.

Within zones that rely on a form based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses;

8.

The proposed method of ensuring the continued availability of the density bonus units; and

9.

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

B.

The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this article shall be considered by the community development director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

The purpose of this article (Sections 17.41.050 through 17.41.058) is to allow and appropriately regulate two-unit projects in single-family residential zones (rural residential RR-2.5, rural residential RR-1, semi-rural residential SRR, residential R-15,000, residential R-10,000, and residential R-7,000) in accordance with Government Code Section 65852.21.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

"Accessory dwelling unit" (ADU) shall have the same meaning as specified in Section 17.41.012.

B.

"Dwelling unit" shall have the same meaning as specified in Section 17.04.240.

C.

"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, limited partnership, limited liability company, C corporation, S corporation) except for a community-based land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified non-profit corporation (as defined by Section 214.15).

D.

"Junior accessory dwelling unit" (JADU) shall have the same meeting as specified in Section 17.41.012.

E.

"Primary dwelling unit" means a single-family residence on the parcel and is the larger of the 2 if there is an existing accessory dwelling unit on the parcel.

F.

"Two-unit project" means the development of 2 primary dwelling units, or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

G.

"Urban lot split" shall have the same meaning as specified in Section 16.17.020.A.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Only an individual property owner may apply for a two-unit project.

B.

An application for a two-unit project must be submitted on the city's approved form. Only a complete application will be considered.

C.

The applicant must obtain a certificate of compliance pursuant to the subdivision map act for the lot and provide the certificate with the application for a two-unit project.

D.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application submittal.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

An application for a two-unit project is approved or denied ministerially by the community development director without discretionary review.

B.

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents, including but not limited to, deed restrictions and easements, have been recorded.

C.

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D.

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A two-unit project must satisfy each of the following requirements:

A.

Subdivision Map Act Compliance. The lot must have been legally subdivided.

B.

Zone. The lot is in a single-family residential zone (rural residential RR-2.5, rural residential RR-1, semi-rural residential SRR, residential R-15,000, residential R-10,000, and residential R-7,000).

C.

Lot Location. Two-unit project lot shall not be located on a site that is any of the following:

1.

Prime farmland, farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring program of the department of conservation, or land that is zoned or designated for agricultural protection or preservation by a local ballot measure.

2.

A wetland that would prevent development of the two-unit project lot.

3.

Within a high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or as indicated on maps adopted by the said department pursuant to Public Resources Code Section 51179(b), unless the site complies with all fire hazard mitigation measures required by existing building standards or state fire mitigation measures applicable to development.

4.

A hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the California Department of Toxic Substances Control pursuant to Section 25356 of the State Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances control has cleared the site for residential use.

5.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6.

Within a 100-year flood hazard area as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. However, a development may be located on a lot described herein if the lot is otherwise eligible for approval under the provisions of this code and the applicant is able to satisfy all applicable federal qualifying criteria demonstrating the site has either:

a.

Been subject to a letter of map revision prepared by FEMA and issued to the city; or

b.

Meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 and Part 60 of Subchapter 8 of Chapter 1 of Title 44 of the Code of Federal Regulations.

7.

Within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no-rise certification in accordance with § 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

8.

Encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the Federal Endangered Species Act, or other adopted natural resource protection plan.

9.

Containing 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, the State Endangered Species Act, or the Native Plant Protection Act that would prevent development of the site.

10.

Areas encumbered by a recorded easement that would prevent development of the site.

11.

Containing a residential use in a zone other than those stated herein.

D.

No Impact on Protected Housing.

1.

The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income, as defined by the state.

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, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060—7060.7) at any time in the 15 years prior to submission of the two-unit project.

d.

Housing that has been occupied by a tenant in the last 3 years.

2.

As part of the two-unit project application, the applicant and the owner of the property must provide a sworn statement by affidavit representing and warranting that this subsection 17.041.058.D is satisfied. The sworn statement must state that:

a.

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

b.

No housing that is subject to any form of rent or price control will be demolished or altered.

c.

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

d.

No housing that has been occupied by a tenant in the last 3 years will be demolished or altered.

3.

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. The city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.

E.

Existing Structures. The proposed dwelling unit development shall not include the demolition of more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last 3 years.

F.

Unit Standards. The two-unit project shall comply with all of the following standards. Notwithstanding any provisions in this subsection, and with the exception of side and rear yard setbacks, any of the following development or design standards that physically preclude the development of 2 dwelling units from each being 800 square feet in floor area, as determined by the director of community development shall be waived.

1.

Quantity.

a.

No more than 2 dwelling units of any kind may be built as part of a two-unit project.

b.

The following development is permitted on each lot, including each of the 2 lots resulting from an urban lot split:

1)

One attached duplex unit; or

2)

Two primary dwelling units; or

3)

A primary dwelling unit and an ADU; or

4)

A primary dwelling unit and a JADU.

2.

Structures. Structures shall not be located in areas encumbered by a recorded easement.

3.

Unit Size.

a.

The total floor area of each primary dwelling that is developed under this section must be less than or equal to 800 square feet and more than 500 square feet.

b.

A primary dwelling that was legally established prior to the two-unit project and that is larger than 800 square feet is limited to the maximum floor area allowed for that zone at the time of the urban lot split. It shall not be expanded.

c.

A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet but no greater.

d.

Basements shall not be permitted.

e.

The combined maximum floor area on the lot, inclusive of both units, shall be 1,700 square feet.

f.

If the lot is fully developed with the number of units permitted under this article, then 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.

4.

Height Restrictions.

a.

No new primary dwelling unit shall exceed a single story.

b.

No new primary dwelling unit shall exceed 22 feet in height measured from natural grade to peak of the structure.

c.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from the provisions of this article.

5.

Lot Coverage. Development shall not exceed 50% lot coverage.

6.

Setbacks. All setbacks must conform to those objective setbacks of the underlying zone, except for the following:

a.

Existing Structures. 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.

b.

Side and Rear Setbacks. Setback areas shall be a minimum 4 feet from a side or rear property line.

c.

Front Setback. Notwithstanding any other part of this code, dwellings that are constructed pursuant to this article shall be at least 25 feet from the front property line. The front setback area must:

1)

Be kept free from all structures higher than 3 feet;

2)

Be at least 50% landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

3)

Allow for vehicular and fire-safety access to the front dwelling unit; and

4)

All portions of the dwelling units constructed pursuant to this article, including eave overhangs and other projections, shall meet the required setbacks as set forth in this section.

7.

Parking. At least one off-street parking space shall be provided per dwelling unit, unless either of the following applies:

a.

The lot is located within one-half mile walking distance of either a high-quality transit corridor according to subdivision (b) of Section 21155 of the Public Resources Code with fixed route bus service with service intervals of no longer than 15 minutes during peak commute hours, or a major transit stop consisting of an existing rail or bus rapid transit station, as defined in Section 21064.3 of the Public Resources Code.

b.

There is a car share vehicle located within one block of the lot.

8.

Driveways.

a.

Driveway access to all new units shall comply with city standard details and specifications for driveways and turnarounds.

b.

A two-unit project shall be constructed on a lot that has access to, provides access to, or adjoins, a public right-of-way. Any urban lot split created shall ensure that each lot has access to, provides access to, or adjoins a public right-of-way.

9.

Design Standards. The objective design standards in Article IV of this Chapter (Chapter 17.41) shall apply to all dwellings except accessory dwelling units. If there is a conflict between this Article and Article IV, this Article shall prevail. Accessory dwelling units are subject to Chapter 17.41, Article I.

10.

Landscaping. Evergreen landscape screening shall be planted and maintained between each detached dwelling unit and adjacent lots, but not rights-of-way, as follows:

a.

At least one 15-gallon size plant or tree shall be provided for every 5 linear feet of exterior wall, or at least one 24-inch box size plant or tree shall be provided for every 10 linear feet of exterior wall, or a solid fence of at least 6 feet in height shall be installed.

b.

All landscaping shall be drought tolerant.

c.

All landscaping shall be from the city's approved plant list.

G.

Nonconforming Conditions. A two-unit project may be approved without requiring a legal nonconforming zoning condition to be corrected.

H.

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.

3.

Each dwelling 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 5 years, or, if the percolation test has been recertified, within the last 10 years.

4.

All electric and utility services to a new dwelling unit shall be underground.

I.

Building and Safety. All structures built on the lot must comply with all current city building standards.

J.

Regulation of Uses.

1.

Residential Only. No non-residential use shall be permitted on the lot except home occupations pursuant to Lancaster Municipal Code Section 17.08.200 (Home Occupations).

2.

Short-Term Rentals. No dwelling unit on a lot shall be rented for a period of less than 30 days.

3.

Owner Occupancy. The property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile. In the case of an urban lot split, the property owner shall occupy at least one of the units for a period of not less than 3 years.

K.

Notice of Construction.

1.

At least 30 business days before starting any construction of a two-unit project, the property owner shall provide written notice to all the owners of record of each adjacent lot that is zoned for residential use, which notice shall include the following information:

a.

Statement that construction has been authorized;

b.

Anticipated construction start and end dates;

c.

Hours of construction;

d.

Contact information for the project manager for construction related complaints; and

e.

Contact information for the building and safety department.

2.

The notice requirement is solely for informational purposes and does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

L.

Deed Restriction. The owner shall record a deed restriction, acceptable to the city, on each two-unit project lot that provides each of the following:

1.

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

2.

Expressly prohibits any non-residential use of the lots.

3.

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

4.

States that development on the lot is limited to the dwelling units under Section 17.41.058.F.1 except as required by state law.

M.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the 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.

2.

"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include either (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

N.

Remedies. If a two-unit project violates any part of this code or any other legal requirement, the following apply:

1.

The buyer, grantee, or lessee of any part of the property has an action for damages or to avoid the deed, sale, or contract.

2.

The city may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, including but not limited to, declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

The objective design standards (ODS) in Article IV of this chapter (Sections 17.41.070 through 17.41.088) draw from and complement existing context-based design criteria set forth in other sections of this Title 17 and the general plan. The purposes of the ODS are to:

• Provide long-term value to neighborhoods and districts through high design quality site planning and building design;

• Encourage design approaches that encourage pedestrian and non-motorized vehicle use;

• Reduce barriers to housing for very low-, low-, or moderate-income households; and

• Accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects pursuant to Government Code Section 65589.5 and Section 65913.4.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Applicable developments. This article establishes ODS for all residential projects and mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

B.

Alternative review process. Residential and mixed use developments that are subject to this article must be consistent with each of the applicable ODS included herein. However, applicants who cannot or do not wish to meet one or more of the ODS in this article can request a design modification in accordance with Section 17.41.100.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. These objective site design and pedestrian improvement regulations are established to help ensure that new residential and mixed use development provides connectivity, both physically and visually, that designs encourage pedestrian and non-motorized vehicle use, and help ensure separation of motor vehicle circulation from pedestrians and cyclists.

B.

Internal circulation requirements for residential and mixed use projects in all zones.

1.

An internal system of pedestrian walkways shall be designed that provides direct access connections to and between the following:

a.

Entrances to each primary structure;

b.

Off-street parking areas or parking structures; and

c.

The public sidewalk system along the perimeter streets abutting the development.

2.

All required pedestrian walkways shall be hard surfaced and a minimum of 4 feet wide.

3.

Subdivisions of more than 40 lots and multi-dwelling development of more than 40 units shall have at least one entryway feature that identifies the development for motorists.

a.

At a minimum, the entry feature shall include the following elements:

1)

A landscaped area of at least 32 square feet.

2)

A monument sign with the name of the subdivision or multi-dwelling development in a font legible to motorists.

b.

Entryway features meeting this standard shall located at the primary entryway to the subdivision or multi-dwelling development. The primary entryway is the one that is forecast to receive the greatest average daily vehicle trips.

4.

If a new cul-de-sac is planned that will serve more than 6 dwelling units, it shall be designed to provide pedestrian and bicycle through-access via a paseo or similar feature at the end of the cul-de-sac connecting to adjacent streets or publicly accessible open space. This standard does not apply to cul-de-sacs where connectivity is precluded by existing development or other features.

5.

On new local residential streets and on private roadways within developments serving at least 40 dwelling units, at least 2 of the following traffic-calming measures shall be used to reduce automobile speed:

a.

Corner bulb-outs.

b.

Mid-block bump-outs.

c.

Tree plantings.

d.

Enhanced paving at crosswalks.

C.

Site design requirements for residential and mixed-use projects in mixed use zones.

1.

Site designs shall utilize a grid or modified-grid block pattern to maximize access and circulation efficiency.

2.

Individual residential driveways shall not take access from arterial or collector streets. Vehicle access shall be via alleys or local streets. Where provided, alleys shall include enhanced paving, landscape pockets, and night-time lighting.

3.

Non-residential loading and service areas shall not be located between the building and the primary street frontage.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. These objective building architecture and form regulations are established to help ensure that new residential single-unit and multi-unit buildings up to 4 units provide long-term value to neighborhoods and districts through high design quality building design and enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.

B.

Objective design standards for residential single-unit and multi-unit buildings up to 4 units in all zones.

1.

Building facades shall be articulated by variation in massing, roof form, and wall planes. This standard shall be met by providing wall plane variation on front and street side facades as specified below.

a.

For any front or street side building facade longer than 25 feet in length, blank walls shall not exceed 25 feet. Wall plane variation of at least 2 feet in depth and 5 feet in length shall be provided for relief for every 25 feet of building facade.

b.

In lieu of a wall plane variation, pop-out elements such as bay windows and porches may be provided to achieve the same effect. Bay windows shall extend a minimum of one foot from the building facade. Porches shall extend a minimum of 5 feet from the building facade.

2.

For structures containing 2 or more primary units, multiple colors, materials, textures, and applied finishes shall be used to help break up wall massing. This standard shall be met if a minimum of 2 exterior building materials, or a different application of the same material, are used on the front and street side facades. Glass for windows shall not be considered one of the 2 materials.

3.

Distinctive entries, porches, balconies, and window treatments shall be used on all street-oriented building facades. This standard shall be met by providing the entryway and window features as follows:

a.

The primary entrance for each dwelling unit must be within 8 feet of the longest street-facing wall of that unit and face the street. Units which are located above or behind other units are exempt from this standard.

b.

Entryways shall consist of one of the following:

1)

A front porch with a minimum depth of 5 feet, as measured from the building facade to the posts, and a minimum length of 8 feet; or

2)

A recess or stoop measuring at least 4 feet by 4 feet which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction.

c.

The primary entrance shall be directly accessible from an adjacent sidewalk. Where no sidewalk exists, the connection shall be to the abutting public street. On corner lots, the primary entrance can be oriented toward either street.

d.

At least 15% of the area of each facade that faces a street lot line must be windows or main pedestrian entrance doors. All windows on a street-facing facade may be counted toward meeting this standard.

4.

Residential buildings shall use tile roofing (concrete, ceramic, etc.). Exceptions: Other roofing material may be permitted when consistent with existing adjacent properties provided that asphalt shingles are prohibited on lots that are adjoining a public street and corrugated metal, galvanized metal, and similar sheets and panels are prohibited for use in all roof structures.

5.

The length of the garage wall facing the street may be up to 50% of the length of the street-facing building facade. Roll-up garage door types are permitted. Swing-out garage doors are prohibited.

6.

Builders of residential subdivisions shall ensure architectural variation by providing a minimum of the following combinations, dependent on the proposed number of residential units in the development:

In no instance shall 2 homes of the same model and floor plan be built adjacent to each other or directly across the street from each other.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. These objective building architecture and form regulations are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide long-term value to neighborhoods and districts through high design quality building design and enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.

B.

Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.

1.

Building facades shall be articulated by variation in massing, roof form, and wall planes. This standard shall be met if:

a.

At least 25% of the area of a street-facing facade is divided into facade planes that are off-set by at least 2 feet in depth from the rest of the facade. Facade area used to meet the facade articulation standard may be recessed behind, or project out from, the primary facade plane, but projections into street right-of-way do not count toward meeting this standard.

b.

All street facing facades shall include a minimum of 2 of the architectural features listed below:

1)

Recessed entrance(s): 3 to 6 feet deep (relative to building facade).

2)

Eaves: overhang of not less than 12 inches.

3)

Offset: offset in facade or roof of at least 2 feet that extends for at least 4 feet.

4)

Bay window: projects from front elevation by not less one foot; up to a maximum of 2 feet.

5)

Balcony: one per dwelling unit facing the street, with a minimum depth of 3 feet.

c.

Building setbacks and wall alignments shall be varied along facades abutting property zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R-7,000, R-10,000, or R-15,000 zones).

Wall plane variation of at least 2 feet in depth and 5 feet in length shall be provided for relief for every 50 linear feet of building facade.

d.

Rooflines shall be vertically articulated at a maximum of 50-foot intervals along all street frontages through one of the following techniques:

1)

A change in height of a minimum 4 feet;

2)

A change in roof pitch, plane, or form; or

3)

The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.

2.

Multiple colors, materials, textures, and applied finishes shall be used to break up wall massing. This standard shall be met if a minimum of 2 exterior building materials, or a different application of the same material, are used on all facades. Glass for windows shall not be considered one of the 2 materials. Prohibited materials include vinyl and aluminum siding, T-111 plywood siding, and exterior insulation finishing system (EIFS).

3.

Distinctive entries, porches, balconies, and window treatment shall be provided on street-facing facades. This standard shall be met, if:

a.

Buildings adjacent to the street have at least one primary building entry oriented to the street. Direct pedestrian access shall be provided between the public sidewalk and the primary building entries. Buildings that are not adjacent to the street shall have front entries that are oriented toward the common driveway or other common areas, such as paseos, forecourts, common walkways, and useable open space; and

b.

Residential entries provide transitional spaces between public areas fronting the primary street and entrances. This type of element or equivalent shall be required for each unit or group of units; but no less than one of this type of element shall be provided. Building entrances shall incorporate at least one of the following transitional space entry features:

1)

Stoop (at least 4 feet by 4 feet and no higher than 5 feet in height).

2)

Porch (at least 6 feet by 8 feet for common entries and at least 5 feet by 8 feet for individual entries).

3)

Overhang (if building has a shared lobby) with a recessed depth of at least 3 feet.

c.

Nonresidential entries shall incorporate at least one of the following entry features:

1)

Shopfront - a frontage where the main facade of the building is at or near the right-of-way/property line, with the building entrance at the sidewalk grade. For the purposes of this standard, "near the right-of-way/property line" means within 10 feet of the required maximum setback (or build-to line) applicable to the site frontage.

2)

Gallery - a frontage where the main facade of the building is aligned at or close to the right-of-way/property line and the gallery element (an attached cantilevered shed roof or colonnade) overlaps the sidewalk. Galleries shall have a consistent depth along the frontage of at least 10 feet. An encroachment permit is required for any structure in the public right-of-way.

3)

Forecourt - a frontage where a portion of the main facade of the building is at or near the right-of-way/property line and a central portion is set back, creating a courtyard. For the purposes of this standard, "near the right-of-way/property line" means within 10 feet of the required maximum setback (or build-to line) applicable to the site frontage.

4)

Commercial Terrace - a frontage where a terrace extends along the building's frontage providing public (non-vehicular) circulation, outdoor uses and access to the commercial pace entries.

d.

At least 20% of the area of each facade that faces a street lot line must consist of windows or main entrance doors. Windows used to meet this standard must allow views from the building to the street. Glass block does not meet this standard. To count toward meeting this standard, a door must be at the main entrance and facing the street property line.

e.

Additional ground-floor window requirement for mixed use buildings. The following ground-floor window standards apply to the portion of a building with ground-floor commercial uses. For the purposes of this paragraph, ground-floor wall area includes exterior wall area from 2 feet to 10 feet above the finished grade. Required ground-floor windows must be windows in walls or entrances that allow views into working area or display windows (must be at least 24 inches deep set into a wall). The bottom of qualifying windows must be no more than 4 feet above the adjacent exterior grade:

1)

Windows must cover at least 40% of the ground floor wall area of the portion of a building that has a ground-floor commercial use when the ground-floor wall is located closer than 5 feet from a street lot line.

2)

Windows must cover at least 25% of the ground floor wall area of the portion of building that has a ground-floor commercial use when the ground floor wall is located 5 feet or more from a street lot line.

4.

Mechanical equipment located on the ground, such as heating or cooling equipment, pumps, or generators, must be screened from view from the street and any abutting residential zones by walls, fences, or vegetation. Vegetative screening shall consist of an evergreen hedge maintained at least 2 feet wide hedge that will be tall enough at maturity to screen the equipment. Mechanical equipment placed on roofs must be screened in one of the following ways:

a.

A parapet that is as tall as the tallest part of the equipment;

b.

A screen around the equipment that is as tall as the tallest part of the equipment; or

c.

The equipment is set back from roof edges 3 feet for each foot of height of the equipment.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. These objective regulations for transitions and screening are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide visual and privacy transitions between proposed higher-intensity developments and adjacent, less-intensive uses.

B.

Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.

1.

The heights of structures at the edge of multi-unit residential and mixed-use developments shall be "stepped down" to match or complement the maximum height of buildings allowed on any abutting property zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R-7,000, R-10,000, or R-15,000). This standard shall be met by the following transition of allowed building height adjacent to the Urban Residential zone.

a.

On the portion of a site within 25 feet of a lot line abutting a site zoned Urban Residential, the maximum allowed step-down height shall be 35 feet.

b.

Sites with property lines that abut a site zoned Urban Residential for less than a 5-foot length are exempt from this standard.

2.

Windows on multi-unit residential and mixed-use developments shall be designed to protect privacy of adjacent residentially zoned properties. This standard applies to new windows above the first story that are within 20 feet of, and would have an uninterrupted line of sight to, one or more windows an existing interior residential space. Opaque or clerestory windows shall be used, or windows shall be located at least 5 feet above the finished floor, as measured from the bottom of the window/windowsill.

3.

A masonry wall or fence (wrought iron and tubular steel) of not less than 5 nor greater than 6 feet in height shall be provided at the property line as follows:

a.

Around the perimeter of a residential subdivision. This standard does not apply where the perimeter is coterminous with front lot lines or vehicle or pedestrian access points.

b.

Around the perimeter of a multi-dwelling (with more than 5 units) development site or mixed use development site. On multi-dwelling sites with fewer than 40 units, this standard only applies where the site abuts a lot zoned Rural Residential and Urban Residential (RR-2.5, RR-1, SRR, R-7,000, R-10,000, or R-15,000). This standard does not apply where the perimeter is coterminous with the front lot line or vehicle or pedestrian access points.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. These objective open space and common area regulations are established to help ensure that new residential and mixed use projects provide private and common outdoor areas where residents can relax, recreate, meet neighbors, and enjoy the benefits of outdoor air, all things known to enhance quality of life.

B.

Objective Design Standards for Residential and Mixed Use Projects in All Zones.

1.

For multi-family residential developments with more than 20 units, including townhouse developments, centralized open space and community facilities shall be provided to serve residents of the development. This standard shall be met by providing common open space areas consistent with the following requirements:

a.

At least 15% of the total gross development area shall be common open space.

b.

Setback areas shall not be used to satisfy common open space requirements.

c.

Common open spaces, such as forecourts and gardens, shall have a minimum dimension of 40 feet in any direction, building face to building face.

d.

A minimum of 50% of the open space area shall be landscaped with live plant material suitable for the desert climate.

e.

A minimum of 3 of the following activating features shall be incorporated into open spaces:

1)

Fixed or movable seating.

2)

Picnic style tables.

3)

Shade trees or shaded canopy.

4)

Outdoor kitchen equipment.

5)

Children's play equipment.

6)

Public art or interactive art, such as a life-size chess game.

7)

Water feature (in conformance with sustainability standards).

f.

Exemption. The required common area standard does not apply to sites where:

1)

All of the dwelling units have individual entrances that are within 20 feet of a street lot line;

2)

Each entrance is connected to the street by a path that is at least 3 feet wide and hard surfaced; and

3)

Each dwelling unit has at least 200 square feet of individual outdoor area.

2.

Private open space shall be provided for all multi-family building and the residential component of a mixed-use development consistent with the following requirements:

a.

80 square feet for ground-floor units in the form of a covered or uncovered patio; and

b.

40 square feet for upper-story units in the form of a terrace, balcony, or rooftop patio.

C.

Additional Objective Design Standards for Mixed Use Projects in Mixed Use Zones.

1.

For commercial, office and employment components of mixed-use developments, open space plaza areas accessible to the public shall be provided for activity, interaction, and rest. Such areas shall include seating with trees or other shade amenities.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. These objective parking and access regulations are established to help ensure that new residential and mixed use projects are designed to minimize the dominant appearance of surface parking lots, parking structures, and driveways.

B.

Objective Design Standards for Residential and Mixed Use Projects in All Zones.

1.

Uses are subject to the objective parking and loading standards of the applicable zone, including: the minimum number of required parking spaces, accessible parking, parking space and facility dimensions, curbing, access to public right-of-way, striping, and grade. In case of a conflict, the ODS shall prevail.

2.

A multi-family development following the streamlined review process pursuant to Government Code Section Government Code Section 65913.4 may be exempt or subject to reduced parking requirement in accordance with Government Code Section 65913.4(e).

3.

For parking areas serving multi-unit residential projects with more than 2 units or mixed use developments, no off-street parking, off-street vehicle loading, or vehicular circulation areas shall be located between the building and the primary street frontage except in the following circumstances:

a.

For developments facing arterial streets, in circumstances where the director of community development determines not possible to achieve rear parking placement due to lot size or configuration, street geometrics, easements, or other physical conditions, provided the parking is screened from street view by a combination of low masonry walls (maximum height 4 feet), landscaped berms, and/or evergreen hedges. The combination of walls, berms and/or hedges shall provide a minimum screening height of 5 feet.

b.

The vehicle circulation area is limited to driveway access.

3.

Where more than 50 surface parking spaces are provided on a site, parking areas shall be divided into a series of smaller, connected lots of no more than 50 spaces each through the use of landscaping and/or building placement.

4.

The following landscaping standards shall apply to all surface parking lot areas with more than 10 parking spaces:

a.

Surface parking lots that are visible from public streets shall meet the following landscaping, paving, and tree requirements:

i.

At least 10% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times.

ii.

One tree shall be provided for every 4 parking spaces. Trees shall be shade-producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area. Trees shall be located in landscape planters. Minimum tree size at planting shall be 24-inch box.

b.

Surface parking lots that are not visible from public and private streets and are located towards the rear and interior of the site shall meet the following landscaping and tree requirements:

i.

At least 5% of the total area of any surface parking lot shall be landscaped and the landscape materials maintained in a healthy condition at all times.

ii.

One tree shall be provided for every 8 parking spaces. Trees shall be shade-producing trees and shall be evenly distributed throughout the parking lot so as to shade the parking area. Trees shall be located in landscape planters. Minimum tree size at planting shall be 24-inch box.

c.

Where a surface parking lot abuts a parking structure or is adjacent to a surface parking lot on another lot, a landscape buffer not less than 10 feet in depth shall be provided between the lots or structures. Where adjacent surface parking lots allow common parking to serve multiple businesses and pedestrian walkways provide access to all businesses served, no landscape buffer shall be required.

d.

Concrete wheel stops shall be installed in parking areas to protect landscaping. Any broken or damaged wheel stops shall be replaced. Alternatively, parking may be designed to overhang landscaped areas. Parking shall overhang landscaping no more than 2 feet with a minimum planter dimension of 5 feet.

e.

All landscape planters shall have a minimum width of 4 feet.

5.

Permanent parking for recreation vehicles (RVs), boats, and other similar large items shall be located behind the front plane of the primary building on the site. Parking for such vehicles shall not be permitted in any multi-unit or mixed-use zone.

6.

For residential single-unit or two-unit buildings, in no instance shall paved surfaces used for parking, including driveways, cover more than 50% of the front yard.

7.

For mixed use developments, reciprocal access drives shall be required to connect with adjacent mixed use or commercial properties.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. These objective lighting regulations are established to help ensure that new residential multi-unit buildings (5 or more units) and mixed use projects provide functional security for persons and property and allow extended use of properties into nighttime hours; lighting is installed and maintained to provide for an environmentally sensitive and energy efficient nighttime environment that includes the ability to view the stars against a dark sky from residential and other appropriate viewing areas; and ambient nighttime light levels do not adversely impact adjacent properties.

B.

Objective design standards for residential multi-unit buildings (5 or more units) and mixed use projects in all zones.

1.

Development applications shall include a lighting plan showing locations and specifications for all exterior lighting, including lighting used to illuminate streets, buildings, sidewalks, multi-use paths, parking lots, plazas, or open space areas. The lighting plan shall be evaluated during the land use approval process for compliance with the standards of this section.

2.

For safety purposes, lighting shall be provided throughout the on-site pedestrian circulation system, including street frontages, sidewalks, multi-use paths, parking lots, buildings, and plazas. The on-site pedestrian circulation system shall be lighted to a minimum level of 2 foot-candles and a maximum of 3 foot-candles to enhance pedestrian safety and allow use at night.

3.

The minimum lighting level for building entries of new multi-unit, retail, commercial, office, and institutional buildings located shall be 3 foot-candles. Lights shall be 6 to 12 feet in height and the light source shall be shielded.

4.

Exterior lighting shall not blink, flash, or change color or intensity.

5.

Maximum lighting levels at property lines shall not increase lighting level more than 1.1 lumens/square meter 10 feet beyond the property line or 5.4 lumens/square meter adjacent to non-residentially zoned property or public rights-of-way.

6.

Permanent exterior light fixtures that emit more than 900 lumens (13 watt compact fluorescent or 60 watt incandescent) shall be concealed or shielded with an Illumination Engineering Society of North America (IESNA) full cut-off style fixture with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Projects subject to this chapter must comply with all other applicable objective standards within this Title 17, including, but not limited to:

1.

Development standards as indicated in Sections 17.08.060 or 17.10.060, as may be amended.

2.

Landscaping standards as indicated in subsection 17.08.110.B, as may be amended.

3.

Electric vehicle charging stations as indicated in Section 17.08.330, as may be amended.

4.

Yard, street and highway line requirements in Chapter 17.28, as may be amended.

B.

Projects subject to this chapter must comply with those objective design standards contained within an applicable master plan or specific plan.

C.

In case of a conflict between applicable objective standards contained within Title 17 and the ODS in this chapter, the ODS in this chapter shall prevail. In case of a conflict between applicable objective standards contained within an applicable master plan or specific plan and the ODS in this chapter, the objective standards of the master plan or specific plan shall prevail.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Purpose. The design modification process allows the director to approve modifications to the application of the ODS. The design modification process provides a mechanism by which the ODS may be modified if the proposed development continues to meet the intended purpose of those regulations. Design modifications provide flexibility for unusual situations. They also allow for alternative ways to meet the purposes of the ODS.

B.

Procedures. Design modification requests are reviewed in accordance with Chapter 17.32, Article VI, Director's Review.

C.

Review Criteria. For each ODS for which a design modification is requested, the applicant must show that the following criteria have been met:

1.

Granting the design modification will equally or better meet the purpose of the regulation to be modified; and

2.

The proposal will be consistent with the desired character of the zone; and

3.

Any negative impacts resulting from the design modification are mitigated to the extent practical; and

4.

The proposal will not significantly detract from the livability or appearance of the surrounding area; and

5.

If more than one design modification is being requested, the cumulative effect of the design modifications results in a project which still meets criteria (1) through (4), above.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the city to help people in need of housing that are temporarily homeless. Reasonable standards have been established to preserve the neighborhood character and quality of life in Lancaster. Low barrier navigation centers may be permitted for the time determined valid under Government Code Sections 65660 through 65668.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Emergency shelters are allowed by right within the light industrial (LI) zone subject to the standards in Section 17.41.220. These standards may be applied to an emergency shelter proposed in other zoning district subject to conditional use approval. Emergency shelters which require conditional use permit approval may be subject to conditions of approval with requirements that vary from and supplement these standards.

B.

Low barrier navigation centers meeting the requirements of Government Code Section 65662 are allowed by right in areas zoned for mixed use and nonresidential zones permitting multi-family uses, subject to the standards in Section 17.41.220.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

All emergency shelters and low barrier navigation centers shall be subject to the following standards:

A.

New structures for emergency shelters or low barrier navigation centers shall be subject only to those objective development standards that would apply to development within the applicable zone, including but not limited to, those standards related to lot size, building placement, setback, building size and massing, open space and landscaping.

B.

The emergency shelter or low barrier navigation center shall be operated by a responsible social service provider. For the purposes of this section, a "social service provider" means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the Federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families to achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions.

C.

The emergency shelter or low barrier navigation center shall provide at least one qualified on-site supervisor at all times, plus one attendant for each 50 occupants.

D.

An emergency shelter or low barrier navigation center shall not be approved when another emergency shelter or low barrier navigation center exists within 300 feet of the proposed site.

E.

On-site waiting and intake areas shall be enclosed or screened from the public right-of-way and adjacent properties.

F.

Parking to serve all staff working in the emergency shelter shall be supplied at a ratio of one vehicle space per 10 beds, provided that this standard does not require more parking for emergency shelters or low barrier navigation center than other residential or commercial uses within the same zone.

G.

The maximum number of beds or persons permitted to be served nightly by the facility shall be as limited to 150 beds.

H.

Providers must submit a written management plan prior to beginning operation, including provisions for staff training, and counseling, treatment, and training programs for residents and length of time which clients may be accommodated. The management plan shall also address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

Applications shall be processed in accordance with Government Code Section 65664 provides timelines for action; the city must notify the developer within 30 days if the application is complete under Government Code Section 65493 and then must act on the application within 60 days from the date the application has been deemed complete.

(Ord. No. 1106, § 4(Exh. A), 10-10-2023)