The purpose of this article is to establish a reasonable and uniform regulatory framework for the subdivision of land into small lots. Small lot subdivisions are intended to provide an alternative to the traditional single-family subdivision, increasing options for fee-simple home ownership opportunities.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article:

(a)

"Development site" shall mean the total land area of a small lot subdivision project after all required dedications for public improvements.

(b)

"Drive aisle" shall mean the paved area which has been designated as a vehicle passageway to provide access to a small lot.

(c)

"Driveway" shall mean the paved area which has been designated to provide access to a dwelling or live-work unit's required parking, starting at a public street or alley, or at the ultimate right-of-way of a common access drive aisle that serves the lot, leading to a garage or uncovered parking space.

(d)

"Interior lot line" shall mean all lot lines created within the development site for the purpose of subdividing and creating small lots.

(e)

"Small lot" shall mean a parcel of land created through a small lot subdivision for the purpose of developing it with a single-family residence or live-work unit.

(f)

"Small lot subdivision" shall mean a residential development containing detached single-family residences or live-work units on land that is subdivided into fee simple parcels containing each unit.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

The subdivision of small lots is permitted subject to compliance with the following standards:

(a)

Eligibility. Small lot subdivisions are permitted in the following districts:

(1)

In any sub-zone within Specific Development No. 84 (Transit Zoning Code), Specific Plan No. 2 (Harbor Mixed Use Transit Corridor Specific Plan), and Metro East Mixed Use Overlay Zone (OZ-1) where single-family and live-work uses are allowed.

(2)

Small lot subdivisions may be permitted through the establishment of a specific development district that is established in accordance with the provisions of Division 26 of Article III of this Code.

(b)

Small Lot Frontage and Access.

(1)

Each individual small lot containing a dwelling or live-work unit shall have frontage on a public street or alley, or be provided with direct access to a public street or alley by an easement for access through the recorded subdivision map.

(2)

Small lots are exempt from frontage requirements set forth in Section 34-56 of this Code.

(3)

Areas within the small lot subdivision identified as points of shared access, walkways, drive aisles shall not be restricted by the construction of fences or walls, or other such barriers.

(c)

Minimum Lot Size.

(1)

Each small lot containing a dwelling unit shall have at minimum one thousand (1,000) square feet of lot area.

(2)

The calculation for minimum lot size shall not include any portion of the small lot that is designated or used as shared space.

(d)

Lot Coverage. No more than seventy (70) percent of the small lot shall be covered by structures.

(e)

Required Yards.

(1)

The front, side, and rear yard building setback requirements of the underlying zone, specific plan, or overlay shall apply to the required yards of the development site.

(2)

No minimum separation between buildings shall be required along interior lot lines created within an approved subdivision.

(3)

Buildings on small lots that are placed in such a manner that they abut common open space or the private open space of an adjacent lot shall be set back a minimum of five (5) feet and provide an appropriate stepback to preserve privacy and reduce the massing of multi-story buildings.

(f)

Open Space.

(1)

Individual small lots shall provide, at minimum, three hundred (300) square feet of private open space per dwelling unit as follows:

a.

Private open space shall have a minimum dimension of fifteen (15) feet in each direction.

b.

Private open space may be provided on the rooftop of dwelling units provided building massing and architectural features serve to screen the open space from neighboring properties that are not part of a small lot subdivision development site and that are used or zoned for single-family residential.

(2)

In addition to the private open space requirement of subsection (1), small lot subdivisions of ten (10) or more lots shall provide accessible common open space in the amount not less than five (5) percent of the total development size, but shall in no case be less than one hundred (100) square feet per unit.

(g)

Landscaping. All required yards and areas not designated for walkways, parking, drive aisles, or private open space, shall be landscaped and irrigated in accordance with an approved landscape plan.

(h)

Driveway Length.

(1)

A driveway that leads directly to a garage shall have a minimum length of twenty (20) feet if parking will be located in front of the garage.

(2)

No driveway shall be more than three (3) feet in length if parking is not provided in front of the garage.

(i)

Service Standards. Developments providing individual trash containers shall provide an area that is screened outside of required setbacks and yards for container storage. Individual trash containers located in a garage shall not encroach into the required parking area.

(j)

Maintenance Agreement.

(1)

All areas of a small lot subdivision with five (5) or more parcels subject to a reciprocal access and/or maintenance easement shall be maintained by an association that may be incorporated or unincorporated.

(2)

Small lot subdivisions with four (4) or less parcels subject to a reciprocal access and/or maintenance easement may execute a maintenance agreement in lieu of requiring an association.

(3)

A Maintenance Agreement shall be formed, composed of and executed by all property owners, to maintain all common areas and appurtenances such as trees, landscaping, water treatment facilities, trash, parking, driveways, drive aisles, walkways, private water lines, meters, etc. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs. The Maintenance Agreement shall be recorded as a Covenant and Agreement to run with the land. The subdivider shall submit a copy of this Agreement, once recorded, to the Planning Division for placement in the tract file.

(k)

Construction. Each unit in a small lot subdivision shall be constructed on an individual parcel with no common foundation, walls or footings.

(l)

Paving. No asphalt shall be permitted for paved areas. Driveways, drive aisles, and unenclosed parking areas shall consist of decorative concrete, pavers, or other materials as deemed appropriate by the Planning Manager.

(m)

Mechanical Equipment. Roof mounted equipment is prohibited unless completely screened from public rights-of-way and adjacent properties.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

Development standards applied to small lot subdivisions pursuant to section 41-2102 may be modified by an application for a minor exception, which shall be heard by the zoning administrator pursuant to Article V of this chapter, in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. The decision of the zoning administrator on such applications may be appealed to the Planning Commission pursuant to Article V of this chapter.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

The provisions of this article are not intended to provide exclusive regulation of the development of small lots. Small lots must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances, and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of this Code, the provisions of this article shall prevail.

(Ord. No. NS-2937, § 3, 1-16-18; Ord. No. NS-3013, § 3, 12-21-21)

The purpose of this division is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7 and to meet the intent and objective of the State Legislature to ensure access to affordable housing opportunities as declared by the State Legislature under SB 9 Law.

(Ord. No. NS-3013, § 4, 12-21-21)

(a)

"Individual property owner(s)" 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, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

(b)

"Urban lot split" means the subdivision of an existing, legally subdivided lot into two (2) lots in accordance with the requirements of this division.

(Ord. No. NS-3013, § 4, 12-21-21)

(a)

Owners. Only individual property owners may apply for an urban lot split.

(b)

An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(c)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this division 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.

(Ord. No. NS-3013, § 4, 12-21-21)

(a)

An application for a parcel map for an urban lot split is approved or denied ministerially, by the Executive Director of Planning and Building or their designee, without discretionary review.

(b)

A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three (3) months after approval.

(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. NS-3013, § 4, 12-21-21)

An urban lot split must satisfy each of the following requirements:

An urban lot split must satisfy each of the following requirements:

(a)

Map Act Compliance.

(1)

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this division.

(2)

If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement:

(A)

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.

(B)

The city has all the remedies available to it under the SMA, including, but not limited to, the following:

(i)

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

(ii)

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(iii)

Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(iv)

Record a notice of violation.

(v)

Withhold any or all future permits and approvals.

(3)

Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

(b)

Zone. The lot to be split is in a zoning district that allows single-family residences.

(c)

Lot location.

(1)

The lot to be split is not located on a site that is any of the following:

(A)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(B)

A wetland.

(C)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(D)

A hazardous waste site that has not been cleared for residential use.

(E)

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

(F)

Within a 100-year flood hazard area, unless the site has either:

(i)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(ii)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(G)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(H)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(I)

Habitat for protected species.

(J)

Land under conservation easement.

(2)

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

(d)

Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district.

(e)

No prior urban lot split.

(1)

The lot to be split was not established through a prior urban lot split.

(2)

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

(f)

No impact on protected housing.

(1)

The urban lot split 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.

(B)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

(C)

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

(D)

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

(2)

As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied.

(A)

The sworn statement must state the following:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(B)

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

(g)

Lot size.

(1)

The lot to be split must be at least two thousand four hundred (2,400) square feet.

(2)

The resulting lots must each be at least one thousand two hundred (1,200) square feet.

(3)

Each of the resulting lots must be between forty (40) percent and sixty (60) percent of the original lot area.

(h)

Easements.

(1)

The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(2)

Each easement must be shown on the tentative parcel map.

(3)

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41-2108(b).

(4)

If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

(i)

Lot access.

(1)

Each resulting lot must adjoin a public street right-of-way that meets the established standards for is designated street classification as specified in the Mobility Element of the General Plan.

(2)

Each resulting lot must have frontage on the public street right-of-way of at least twelve and one-half (12.5) feet.

(3)

Vehicle access easement serving a maximum of two (2) units shall be a minimum of twelve (12) feet in width and shall have a minimum length of twenty (20) feet.

(j)

Unit standards.

(1)

Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.

(2)

Unit size.

(A)

The total floor area of each primary dwelling that is developed on a resulting lot must be:

(i)

Less than or equal to eight hundred (800); and

(ii)

More than five hundred (500) square feet.

(B)

A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(C)

A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split.

(3)

Height restrictions.

(A)

On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from finished grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

(B)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

(4)

Lot coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(5)

Open space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(6)

Setbacks.

(A)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(B)

Exceptions. Notwithstanding subsection j(6)(A) above:

(i)

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.

(ii)

Eight hundred (800) sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

(C)

Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty (20) feet from the front property lines. The front setback areas must:

(i)

Be kept free from all structures greater than three (3) feet high;

(ii)

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

(iii)

Allow for vehicular and fire-safety access to the front structure.

(7)

Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) off-street parking space per unit unless one (1) of the following applies:

(A)

The lot is located within one-half (½) mile walking distance of either:

(i)

A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

(ii)

A site that contains:

(ia)

An existing rail or bus rapid transit station; or

(ib)

The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

(B)

The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

(8)

Architecture.

(A)

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(B)

If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(C)

All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this article.

(D)

If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than three (3) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(9)

Landscaping.

(A)

The project shall be designed meeting all the landscaping standards of the Santa Ana Municipal Code set forth in section 41-240.

(B)

Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(i)

At least one 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall.

(ii)

Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(iii)

All landscaping must be drought-tolerant.

(iv)

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

(10)

Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

(11)

Utilities.

(A)

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(B)

Notwithstanding subsection j(11)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot 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 five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

(C)

All utilities must be underground.

(12)

Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

(k)

Separate conveyance.

(1)

Within a resulting lot.

(A)

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(B)

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(C)

All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(D)

No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(2)

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.

(l)

Regulation of uses.

(1)

Residential-only. No non-residential use is permitted on any lot created by urban lot split.

(2)

No short-term vacation rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.

(3)

Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.

(m)

Notice of construction.

(1)

At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(A)

Notice that construction has been authorized;

(B)

The anticipated start and end dates for construction;

(C)

The hours of construction;

(D)

Contact information for the project manager (for construction-related complaints); and

(E)

Contact information for the Building & Safety Department.

(2)

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(n)

Deed restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:

(1)

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

(2)

Expressly prohibits any non-residential use of the lots created by the urban lot split.

(3)

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

(4)

Expressly requires that any net new unit created as a result of the provisions of this division be deed restricted for affordable housing at the following levels:

(A)

Rental products shall be made affordable to very low or low income households.

(B)

For-sale products shall be made affordable to moderate income households.

(5)

States that:

(A)

The lot is formed by an urban lot split and is therefore subject to the city's urban lot-split regulations, including all applicable limits on dwelling size and development.

(B)

Development on the lot is limited to development of residential units under Divisions 2 and 3 of this article, except as required by State law.

(Ord. No. NS-3013, § 4, 12-21-21; Ord. No. NS-3038, § 42, 2-7-23)

(a)

Notwithstanding anything else in this section, the city may deny an application for an urban lot split 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.

(b)

"Specific adverse impact" has the same meaning as in Gov. 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 (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).

(c)

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

(Ord. No. NS-3013, § 4, 12-21-21)

The purpose of this division is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21 and to meet the intent and objective of the State Legislature to ensure access to affordable housing opportunities as declared by the State Legislature under SB9 Law.

(Ord. No. NS-3013, § 5, 12-21-21)

(a)

"Individual property owner(s)" 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, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).

(b)

A "two-unit project" means the development of two (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 division.

(Ord. No. NS-3013, § 5, 12-21-21)

(a)

Owners. Only individual property owners may apply for a two-unit project.

(b)

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

(c)

The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this Code for the lot and provide the certificate with the application.

(d)

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(e)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this division 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.

(Ord. No. NS-3013, § 5, 12-21-21)

(a)

An application for a two-unit project is approved or denied ministerially, by the Executive Director of Planning and Building or their designee, 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 have been recorded, such as the deed restriction and easements.

(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. NS-3013, § 5, 12-21-21)

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

(a)

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

(b)

Zone. The lot is in a single-family residential zone.

(c)

Lot location.

(1)

The lot is not located on a site that is any of the following:

(A)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(B)

A wetland.

(C)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(D)

A hazardous waste site that has not been cleared for residential use.

(E)

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

(F)

Within a 100-year flood hazard area, unless the site has either:

(i)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(ii)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(G)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(H)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(I)

Habitat for protected species.

(J)

Land under conservation easement.

(2)

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

(d)

Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district, or a structure of merit. A structure of merit is defined as meeting one (1) or more of the following:

(1)

It is associated with events that have made a significant contribution in our past.

(2)

It is associated with the lives of persons significant in our past.

(3)

It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction.

(4)

It yields, or may be likely to yield, information important in prehistory or history.

(5)

Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood.

(e)

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.

(B)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

(C)

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

(D)

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

(2)

As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (e)(1) above is satisfied.

(A)

The sworn statement must state the following:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(B)

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

(f)

Unit standards.

(1)

Quantity.

(A)

No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.

(B)

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.

(2)

Unit size.

(A)

The total floor area of each primary dwelling built that is developed under this section must be:

(i)

Less than or equal to eight hundred (800); and

(ii)

More than five hundred (500) square feet.

(B)

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

(C)

A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two-unit project.

(3)

Height restrictions.

(A)

On a lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

(B)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

(4)

Demo cap. The two-unit project may not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years.

(5)

Lot coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(6)

Open space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(7)

Setbacks.

(A)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(B)

Exceptions. Notwithstanding subsection (f)(7)(A) above:

(i)

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.

(ii)

Eight hundred (800) sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

(C)

Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least twenty (20) feet from the front property lines. The front setback area must:

(i)

Be kept free from all structures greater than three (3) feet high;

(ii)

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

(iii)

Allow for vehicular and fire-safety access to the front structure.

(D)

Interior side yard and rear yard setbacks. Dwelling units must provide a minimum of four-foot interior side yard and rear yard setbacks for the property line.

(E)

Corner lot setbacks for side yards abutting a street. Dwellings that are constructed pursuant to Divisions 2 and 3 of this article must provide setbacks at least ten (10) feet from the side yard abutting the street.

(F)

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.

(8)

Parking. Each new primary dwelling unit must have at least one (1) off-street parking space per unit unless one (1) of the following applies:

(A)

The lot is located within one-half (½) mile walking distance of either:

(i)

A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

(ii)

A site that contains:

(ia)

An existing rail or bus rapid transit station; or

(ib)

The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

(B)

The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

(9)

Architecture.

(A)

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(B)

If there is no legal primary dwelling on the lot before the two-unit project, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(C)

New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.

(D)

All exterior lighting must be limited to down-lights.

(E)

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(F)

If any portion of a dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(G)

New skylights shall have flat glass panes. "Bubble" or dome type skylights are prohibited.

(H)

The roof pitch/slope and roof style (e.g. hip, gable, mansard) of the proposed unit addition shall be the same as the primary dwelling.

(I)

If a garage is converted to new unit, the garage door opening shall be replaced with exterior wall coverings, or residential window and doors, to match the existing exterior garage wall covering and detailing.

(J)

Additions or new construction shall comply with the following:

(i)

On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but the limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.

(ii)

If residential development is propped on a lot where not residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes.

(iii)

The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc. must be equal to, or greater than, the square footage of bedrooms provided.

(iv)

Direct exterior access from a first-floor bedroom to the exterior of the dwelling unit shall be through a sliding door or double French door.

(v)

Upper story unenclosed landings, decks, and balconies greater than twenty (20) square feet that face or overlook an adjoining property, shall be located a minimum of fifteen (15) feet from the interior lot lines.

(vi)

Water heaters (excluding tank less water heaters) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit.

(vii)

Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to orientation or topography, may be located at the located at the minimum as allowed by the underlying zone interior setback line if an architectural screening element such as enclosing walls, trellises, awning, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landing, deck, or balcony.

(viii)

Upper story windows located within fifteen (15) feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of forty-two (42) inches above finish floor.

(10)

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(A)

At least one (1) 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall.

(B)

Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(C)

All landscaping must be drought-tolerant.

(D)

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

(11)

Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

(12)

Utilities.

(A)

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(B)

Notwithstanding paragraph subsection (f)(12)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot 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 five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

(C)

All utilities must be underground.

(13)

Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

(g)

Separate conveyance.

(1)

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

(2)

Condominium airspace divisions and common interest developments are not permitted within the lot.

(3)

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

(A)

No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(h)

Regulation of uses.

(1)

Residential-only. No non-residential use is permitted on the lot.

(2)

No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than thirty (30) days.

(3)

Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one (1) of the dwellings on the lot as the owners' principal residence and legal domicile.

(i)

Notice of construction.

(1)

At least thirty (30) business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(A)

Notice that construction has been authorized.

(B)

The anticipated start and end dates for construction.

(C)

The hours of construction.

(D)

Contact information for the project manager (for construction-related complaints).

(E)

Contact information for the Building and Safety Department.

(2)

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this article. This notice requirement is purely to promote neighborhood awareness and expectation.

(j)

Deed restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:

(1)

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

(2)

Expressly prohibits any non-residential use of the lot.

(3)

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

(4)

If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile.

(5)

Expressly requires that any net new unit created be deed restricted for affordable housing at the following levels:

(A)

Rental products shall be made affordable to very low or low income households.

(B)

For-sale products shall be made affordable to moderate income households.

(6)

Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

(Ord. No. NS-3013, § 43, 12-21-21; Ord. No. NS-3038, § 43, 2-7-23)

(a)

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.

(b)

"Specific adverse impact" has the same meaning as in Gov. 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 (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).

(c)

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

(Ord. No. NS-3013, § 5, 12-21-21)

If a two-unit project violates any part of this Code or any other legal requirement:

(a)

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

(b)

The city may:

(1)

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

(2)

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(3)

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(4)

Record a notice of violation.

(5)

Withhold any or all future permits and approvals.

(6)

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

(Ord. No. NS-3013, § 5, 12-21-21)