Placentia City Zoning Code
CHAPTER 23
13 TWO UNIT HOUSING DEVELOPMENTS
§ 23.13.010 Two unit housing development.
(a)
For purposes of this chapter, the following definition shall apply:
(1)
“Housing development” shall mean no more than two (2) residential units within a single-family zone that meets the requirements of this section. The two (2) units may consist of two (2) new units or one (1) new unit and one (1) existing unit.
(b)
The city shall ministerially approve a housing development containing no more than two (2) residential units if it meets the following requirements:
(1)
The parcel is located within a single-family residential zone.
(2)
The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3)
The parcel is not located in any of the following areas and does not fall within any of the following categories:
(A)
A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
(B)
Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).
(C)
Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)
A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E)
A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)
A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city’s building department.
(G)
A special flood hazard area subject to inundation by the one (1) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i)
The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or
(ii)
The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(H)
A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
(I)
Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).
(J)
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)
Lands under a conservation easement.
(4)
The proposed housing development 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 moderate, low, or very low income;
(B)
Housing that is subject to any form of rent or price control by the city;
(C)
A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application; or
(D)
Housing that has been occupied by a tenant in the last three (3) years.
(5)
Demolition of an existing unit shall not exceed more than twenty-five (25) percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three (3) years.
(c)
Standards and Requirements. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone or applicable single-family residential specific plan land use designation, unless they conflict with state law:
(1)
No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(2)
Except for those circumstances described in section (C)(1) above, for units eight hundred (800) square feet or less, the setback for side and rear lot lines shall be four feet. For units eight hundred and one (801) square feet and larger, the side and rear set back shall be the same as set forth in the applicable single-family residential zone or applicable specific plan designation. The front setback shall be as set forth in the single-family residential zone or applicable single family residential specific plan designation.
(3)
The applicant shall provide easements for the provision of public services and facilities as required.
(4)
All lots shall have a minimum street frontage of ten feet to provide for vehicular access and shall comply with driveway requirements of Title 23.
(5)
Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with state law or this chapter, in which case state law and this chapter shall prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
(A)
The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(B)
There is a car share vehicle located within one block of the parcel.
(6)
For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years, which shows that the system meets acceptable infiltration rates.
(7)
The front setback shall be twenty (20) feet on a lot that fronts on a street.
(8)
The height of the structure shall be same as set forth in the single-family zone or applicable specific plan designation. However, any unit within the four feet rear set back shall be limited to one story. If the second structure meets the rear set back requirements of the single-family zone or applicable single-family residential specific plan land use designation, the height may be the same as required in said zone or land use designation, however, any second story must be stepped back a minimum of five (5) feet from the first-floor wall plane. Decks and balconies are prohibited.
(9)
Lot coverage shall be the same as set forth in the single-family residential zone or applicable single-family residential specific plan land use designation, so long as it does not prevent the construction of two (2) eight hundred (800) square foot units.
(11)
Each resulting property must adjoin the public right of way or have vehicular access to the public right of way through a fee interest or perpetual access easement.
(12)
Driveway locations are subject to public works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section 23.04.010 of this code.
(13)
Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within one hundred fifty (150) feet of the fire apparatus. All properties shall comply with all fire protection requirements set forth in the California Fire Code and Title 18 of this code.
(14)
Each resulting lot (properties) must have dedicated wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards:
(A)
Location and size shall be determined in accordance with city standards.
(B)
Water shall include domestic, irrigation, and fire water systems.
(C)
Property shall be responsible to install new or upsized connections to city facilities in accordance with City standards.
(D)
Unused connections shall be abandoned per city standard.
(15)
Water heaters (excluding tank less) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit. Tank less water heaters, when installed on the exterior of structure may only be installed on the first floor, must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.
(16)
HVAC units must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.
(17)
The total floor area of each primary dwelling unit built pursuant to this section may be less than eight hundred (800) square feet and also consistent with the minimum standards required by state law (generally two hundred twenty (220) square foot minimum). A primary dwelling unit that was legally established on the subject site prior to the two (2) unit project that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet or larger after or as part of the two (2) unit project pursuant to the development standards enforced in this chapter. A primary dwelling unit that was previously legally established on the subject site that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two (2) unit project approval and may not be expanded.
(18)
In addition to complying with the single family residential zone landscape provisions of this code, all developments shall plant mature landscaping consisting of (but not limited to) a minimum size thirty-six (36) inch box trees, fifteen (15) gal shrubs, or a combination of both.
(19)
All development shall comply with the single family residential zone open space provisions of this code, to the extent that is does not prevent two (2) primary dwelling units on the subject property of eight hundred (800) square feet each.
(d)
The city shall not:
(1)
Impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet.
(2)
Deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e)
An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:
(1)
That the uses shall be limited to residential uses.
(2)
That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days.
(3)
For an urban lot split, that the parcel is formed by an urban lot split and is subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(f)
The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)
Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
(Ord. O-2022-01 § 2, 2022; Ord. O-2022-07 § 5, 2022)
§ 23.13.020 Parcel maps for urban lot splits.
Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to Municipal Code Section 22.80.021 (Urban lot split requirements), then an ADU or JADU is allowed if, after construction, there would be no more than two (2) housing units on the lot, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, ADU provisions, or JADU provisions.
(Ord. O-2022-01 § 2, 2022; Ord. O-2022-07 § 5, 2022)