Loma Linda City Zoning Code
CHAPTER 17
116 SMALL HOME LOT DEVELOPMENT - TEN RESIDENTIAL UNITS MAXIMUM
§ 17.116.010 Purpose.
The purpose of this chapter is to provide objective zoning standards for small lot subdivisions with ten or fewer units, to implement the provisions of state law as reflected in Government Code Section 65852.28, Section 65913.4.5, and Section 66499.41, and to facilitate the development of new residential housing units consistent with the city's General Plan and ensure sound standards of public health and safety. If SB 684 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.
(Ord. 782, 11/12/2024)
§ 17.116.020 Definitions.
has the meaning set forth in Health and Safety Code Section 50106.
has the meaning set forth in Health and Safety Code Section 50079.5.
has the meaning set forth in Health and Safety Code Section 50093.
has the meaning set forth in Public Resources Code Section 21072.
has the meaning set forth in Public Resources Code Section 21159.25.
has the meaning set forth in Health and Safety Code Section 50105.
(Ord. 782, 11/12/2024)
§ 17.116.030 Small lot subdivision.
A.
The community development director ("director") or their designee shall ministerially review, without a hearing, an application for a parcel map or a tentative and final map for a housing development project, and shall approve the application if the criteria in Government Code Section 66499.41 and this section are satisfied.
B.
Qualifying Criteria. Within sixty days from the receipt of a complete application, the Director, or their designee, shall determine if the parcel map or tentative and final map for the subdivision meets all the following requirements:
1.
The parcel is located within one of the following multi-family residential zones: R-3 High Density Residential Zone (0-13 dwelling units/acre), R-4 Very High Density Residential (0-20 dwelling units/acre).
2.
The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.
3.
The lot is no larger than five acres and substantially surrounded by qualified urban uses.
4.
The lot is a legal parcel.
6.
The newly created parcels are no smaller than six hundred square feet.
7.
The housing units on the lot proposed to be subdivided are one of the following:
8.
The proposed development must meet one of the following:
a.
If the parcel is identified in the Housing Element for the current planning period, the development must result in at least as many units as projected for the parcel in the Housing Element. If the parcel is identified to accommodate low- or very low-income households, the development must result in at least as many low-or very low-income units as projected in the Housing Element. These units shall be subject to a recorded affordability restriction of at least forty-five years.
b.
If the parcel is not identified in the Housing Element for the current planning period, the development must result in at least as many units as the maximum allowable residential density for the parcel.
9.
The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed one thousand seven hundred fifty net habitable square feet.
10.
The housing development project on the lot proposed to be subdivided adheres to applicable local inclusionary housing policies.
11.
The housing development project on the lot proposed to be subdivided would not require demolition or alteration of any of the following types of housing:
a.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely low-income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c.
Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
d.
A parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.
12.
The lot being subdivided is not located on a site identified in Government Code Section 66499.41(a)(9) relating to farmland, wetlands, fire hazard severity zones, hazardous waste sites, delineated earthquake faults, flood zones, lands subject to the Natural Community Conservation Planning Act, lands under a conservation easement, or habitat for protected species.
15.
The parcels created pursuant to this section must be served by a public water system and a municipal sewer system.
16.
The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located, and Chapter 17.115 Objective Design Standards, except that a proposed housing development is not required to comply with minimum requirements on size, width, depth, or dimensions of an individual parcel beyond the minimum parcel size specified in Subsection B.6 of this section.
C.
Development on Each Lot. At least one residential structure in compliance with applicable provisions of the California Building Standards Code [or including municipal/county code section] must be developed on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
D.
Prohibition of Accessory Dwelling and Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit shall not be permitted on a parcel created through this chapter.
E.
Prohibition of Urban Lot Splits. A parcel created under this chapter may not be further subdivided pursuant to an urban lot split under SB 9 (Government Code Section 66411.7).
F.
Declaration of Prior Tenancies. If any existing housing is proposed to be demolished, the owner of the property proposed for the subdivision shall sign an affidavit, in the form approved by the director, or their designee, stating that none of the conditions listed in subsection B.11 of this section exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the director.
G.
Specific Adverse Impacts. In addition to the criteria listed in this section, a subdivision proposed under this chapter may be denied if the director, or their designee, makes a written finding, based on a preponderance of the evidence, that the proposed subdivision or proposed housing development project would have a specific, adverse impact upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is 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. Inconsistency with the Zoning Ordinance or General Plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
(Ord. 782, 11/12/2024)
§ 17.116.040 Housing development of small lot subdivisions.
A.
The Director, or their designee, shall ministerially review, without a hearing, an application for a housing development project on a lot that is subdivided pursuant to this Chapter 17.116 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied.
B.
Qualifying Criteria. Within sixty days from the receipt of a complete application, the Director, or their designee, shall determine if the housing development project meets all the following requirements:
2.
The proposed housing development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located that do not conflict with Chapter 17.115 and Government Code Sections 65852.28 and 66499.41; provided, however:
a.
The director, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of the development project at twenty dwelling units per acre. Any modifications of development standards shall be the minimum modification necessary.
b.
No setback between the units is required, except as provided in the California Building Code (Title 24 of the California Code of Regulations).
c.
Required rear and side yard setbacks from the original lot line shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
3.
Parking. One parking space, which may be uncovered or not enclosed, shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where the parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3.
4.
Floor Area Ratio Standards. Floor area ratios shall be consistent with that of the underlying zone, except that:
C.
Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed housing development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
(Ord. 782, 11/12/2024)
§ 17.116.050 Building permits for housing development of small lot subdivisions.
A.
The Building Official shall issue a building permit for one or more residential units that are part of a housing development project on a lot that is subdivided pursuant to this Chapter 17.116 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied and has met the following criteria:
B.
Any dedication, improvement, and sewer requirements identified in the approved tentative map or parcel map or its conditions of approval shall be guaranteed to the city's satisfaction.
C.
The applicant must submit proof, to the satisfaction of the city attorney, of a recorded covenant and agreement enforceable by the city that the applicant agrees the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.
D.
The applicant shall provide security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval in the form of bonds, an instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the sufficient funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit from such a financial institution. The amount of the security shall be an amount not more than three hundred percent of the total estimated cost of improvements or acts to be performed.
E.
Specific Adverse Impacts. In addition to the criteria listed in this section, issuance of a building permit may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
(Ord. 782, 11/12/2024)