This Chapter lists the uses of land that may be allowed within the residential and open space zoning districts established by Section 9-20.020 (Zoning Districts Established). It also determines the type of Land Use Permit approval required for each use and provides the general standards for site development.

(§ 5, Ord. 1085, eff. January 6, 2006)

Different residential zoning districts are intended to provide a range of housing types that are affordable and attractive, in well-designed residential neighborhoods. Open space zoning districts maintain community open space resources for purposes ranging from conservation, to preserving community land use options. Requirements for the land uses allowed in the residential and open space zoning districts, and standards for development project site planning, design, residential density, and minimum parcel size are found in Sections 9-24.030 and 9-24.040, respectively. The purposes of the individual residential and open space zoning districts and the manner in which they are applied are as follows:

A.

OS (Open Space) District. The OS zoning district is intended to provide for the conservation of renewable and nonrenewable natural resources, to preserve and enhance environmental quality, and to provide for the retention of the maximum number of future land use options while allowing reasonable and compatible uses on open lands in the City that have not been altered to any major extent by human activities. The maximum density for residential uses is one primary dwelling unit for each 40 acres. ⁽¹⁾⁽²⁾

B.

RE (Residential Estate) District. The RE zoning district is intended to provide for a custom-designed residential environment with very large lots, houses of an individual style, and a distinct single-family neighborhood image. The minimum lot area in this zoning district is one acre and the maximum residential density is one dwelling per lot. ⁽¹⁾⁽²⁾

C.

RVL (Residential Very Low Density) District. The RVL zoning district is intended to provide for a semi-rural single-family residential environment with relatively large lots. The minimum lot area in this zoning district is 20,000 square feet, and the maximum residential density is one dwelling per lot. ⁽¹⁾⁽²⁾

D.

RL (Residential Low Density) District. The RL zoning district is intended to provide for a suburban single-family residential environment with a range of parcel sizes, but with generally low density and some clustering of parcels. The residential density in this zoning district may range from 2.1 to 3.5 dwelling units per acre. The maximum density is one dwelling per lot. ⁽¹⁾⁽²⁾

E.

RM (Residential Medium Density) District. The RM zoning district is intended to provide for a suburban single-family residential environment with a range of parcel sizes and some clustering of parcels. The residential density in this zoning district may range from 3.6 to 5.0 units per acre. The maximum density is one dwelling per lot. ⁽¹⁾⁽²⁾

F.

RMod (Residential Moderate Density) District. The RMod zoning district is intended to provide for moderate density detached single-family or multi-family dwellings. The residential density in this zoning district may range from 5.1 to 10.0 units per acre. ^(1)(2)(3)

G.

RH (Residential High Density) District. The RH zoning district is intended for areas of more compact multi-family residential developments, such as townhouses, garden apartments, and other multiple-unit dwellings. The residential density in this zoning district may range from 10.1 to 20 units per acre. ⁽²⁾

H.

RVH (Residential Very High Density) District. The RVH zoning district is intended to provide for areas of relatively high density, with compact multi-family residential development near district of community shopping centers. The residential density in this zoning district may range from 20.1 to 35.0 units per acre. ⁽²⁾

I.

MH (Mobile Home) District. The MH zoning district is intended to accommodate mobile home parks, to expand the range of housing opportunities available in the community. The residential density in this zoning district may range from 0 to 8 units per acre. ⁽²⁾

J.

W (Water Storage Facilities) District. The W zoning district establishes areas within the City reserved for the location of water storage facilities and wireless telecommunications facilities on property owned by government agencies. This zone is consistent with all underlying General Plan land use designations.

K.

WP (Water Storage Facilities) District. The WP zoning district establishes areas in the City reserved for the location of water storage tanks, on privately owned property, and properly situated for the placement and safe aesthetic operation of wireless telecommunications facilities on property containing water storage facilities with ownerships other than government agencies or utilities regulated by the Public Utilities Commission while minimizing impacts on the immediately natural environment. This zone is consistent with all underlying General Plan land use designations.

Notes:

(1) Except as provided by Sections 9-44.150, 9-44.160 relating to Second Dwelling units.

(2) Minimum density for each residential zone may be less than the densities indicated above due to maximum residential dwelling unit calculations for units subject to the Hillside Performance Standards, Section 9-32.070.

(3) Depending on the type of development, either the single-family residential standards or the multi-family residential standards will apply to the project.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009 and § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012)

A.

Table 2-2 identifies the uses of land allowed by this Development Code in the residential and open space zoning districts, and the land use permit required to establish each use, in compliance with Chapter 9-22 (Land Use Permit Requirements). Regardless of the permit requirement established by Table 2-2, Planned Development Permit (Section 9-52.050) approval is also required for all construction of new residential units.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

B.

Specific Plan (SP) Land Use Designations and Zoning Districts: Allowable land uses within Specific Plans shall be determined by the applicable specific plan, except that commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling, and transportation facilities are prohibited uses in the City (refer to Chapter 5-41 for Nonmedicinal and Medicinal Cannabis Standards).

Notes:

(1) See Article 8 for land use definitions. All commercial nonmedicinal or medicinal cannabis, and industrial hemp uses, operations, and activities, including collectives and cooperatives are prohibited (refer to Chapter 5-41 for Medicinal and Medicinal Cannabis Standards).

(2) A Planned Development Permit (Section 9-52.050) is also required for all new development.

(3) Administrative Conditional Use Permit required.

(4) CUP not required for farm animals in A, L or H Overlay Zones.

(5) Wireless Telecommunications Facilities shall not be subject to the CUP requirement for Telecommunications Facilities, as set forth in the above Table, and instead shall be subject to the permit requirements of Chapter 35 of Title 5 of the Simi Valley Municipal Code.

(6) See Section 9-44.220 Residential Accessory Structures for additional development standards.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1094, eff. July 20, 2006; § 2, Ord. 1103, eff. November 23, 2006; § 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014; § 2 (Exh. A) Ord. No. 1255, eff. April 14, 2016; § 2(Exh. A), Ord. No. 1265, eff. January 9, 2017; § 5 (Exh. A), Ord. No. 1279, eff. October 30, 2017; § 5 (Exh. A) Ord. No. 1280, eff. December 14, 2017; § 2(Exh. A), Ord. No. 1315, effective October 19, 2020; § 2(Exh. A), Ord. No 1316, effective December 3, 2020, § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022, and § 2(Exh. A), Ord. No. 1352, eff. October 23, 2023, and § 3(Exh.A), Ord. No. 1355, eff. April 15, 2024)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to the applicable standards in Article 3 (Development and Operational Standards).

(§ 5, Ord. 1085, eff. January 6, 2006)

The following exceptions apply to the setback requirements shown in Table 2-3. See also Section 9-30.080 (Setback Requirements and Exceptions). For Accessory Dwelling Units and Junior Accessory Dwelling Units, refer to Section 9-44.160.

A.

Front yard setback requirements. In the RVL, RL, RM, and RMod zones, subject to the approval of a Planned Development Permit for five or more units, up to 50 percent of the units on a block may have the living area portion of the house set back no closer than 15 feet from the front property line; and, up to 25 percent of the units on a block may have garages set back no closer than 15 feet from the front property line, provided the garage is "side facing," and there is a minimum driveway length of at least 20 feet; and up to 25 percent of the units on a block may have covered porches extend up to 10 feet into the required front setback, provided the covered porch extends no closer than 10 feet to the front property line. Further, these provisions shall apply only to projects with houses fronting along roads that are designed and built using Ventura County Design Plate B-4 (parkway between curb and sidewalk).

B.

Side yard setback requirements.

1.

Applicability of setback requirements. The side yard setbacks in Table 2-3 shall only apply to projects with five units or more filed after January 5, 2006 (the effective date of the Development Code). For projects with four units or less filed after April 5, 2007: the minimum interior side yard setback shall be five feet for a single-story house and for a one-story element of a two-story house, and 10 feet for a two-story house, provided that the Commission determines that the less restrictive setbacks are compatible with the setbacks of adjacent residential developments. The minimum street-facing side yard setbacks shall be 10 feet for all structures, regardless of project size and number of stories. The side yard setbacks for existing houses and for projects deemed complete before January 5, 2006, shall be five feet for a single-story house, and six feet to 10 feet for a two-story house, or as approved by the Commission for that lot. The side yard setbacks are only applicable to single-family residential zones in RVL through RMod zones and do not apply to OS or RE zones.

2.

Zero lot line projects. For a zero lot line development (or for any other single-family detached project with one side yard of less than six feet) the sum of both side yard setbacks shall add up to a minimum of 10 feet. For zero lot line projects processed as Planned Development permits, the lot shall retain the sum of both required side yards on one side.

C.

Rear yard setback requirements.

1.

Freeway setback. In all residential zones, where lots and uses back on to the State Route 118 Freeway, rear yard setbacks may be reduced to five feet for all structures, provided no structures shall cumulatively cover more than 40% of any yard.

2.

The total cumulative length of an Accessory Dwelling Unit and all accessory structures may not be more than 50 percent of the width of the rear setback area.

D.

Accessory structure height limits. A Conditional Use Permit shall be required to exceed the height limits established in Table 2-3. The maximum height of any accessory structure shall not exceed the maximum height permitted for a primary structure. Exceptions to this Section may be found for Accessory Dwelling Units in Section 9-44.160.

TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS

Notes:

(1) Within a major subdivision (5 or more lots), average lot width shall be 125 feet, the minimum lot width shall be 80 feet, and 60 feet in a cul-de-sac.

(2) Proposed parcels shall not exceed a depth-to-width ratio of 3-to-1.

(3) CUP required to exceed height limit. See Section 9-24.050(C).

(4) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulative cover more than 40 percent of the rear yard area.

(5) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2.

TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS - Continued

Notes:

(1) When the lot is within a major subdivision (5 or more lots) the average lot width shall be 100 feet, the minimum lot width shall be 80 feet, and 40 feet in a cul-de-sac.

(2) When the lot is within a major subdivision (5 or more lots) the average lot width shall be 80 feet, the minimum lot width shall be 70 feet, and 40 feet in a cul-de-sac.

(3) Proposed parcels shall not exceed a depth-to-width ratio of 3-to-1.

(4) Refer to Section 9-24.050(A).

(5) Refer to Section 9-24.050(B)(1).

(6) When new dwellings are proposed adjacent to a commercially zoned parcel, the distance between habitable structures on each parcel shall be 25 feet, plus 1 additional foot for each foot or portion thereof by which the new structure exceeds 20 feet in height.

(7) Nontraditional, nonresidential accessory structures are limited to 10 ft height on lots less than 20,000 square feet.

(8) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulatively cover more than 40 percent of the rear yard area.

(9) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2.

TABLE 2-3 - RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS - Continued

Notes:

(1) Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this Chapter.

(2) Proposed parcels should not exceed a depth-to-width ratio of 3-to-1.

(3) 15 ft is required side setback for multi-family structures only; 6 ft minimum is required for a 1-story detached single-family dwelling; 10 ft minimum is required for a 2-story detached single-family dwelling, except as provided in Section 9-24.050(B).

(4) When new dwellings are proposed adjacent to a commercially zoned parcel, the distance between habitable structures on each parcel shall be 25 feet, plus 1 additional foot for each foot or portion thereof by which the new structure exceeds 20 feet in height.

(5) Non-traditional, nonresidential accessory structures are limited to 10 ft height on lots less than 20,000 square feet.

(6) Setbacks may be reduced by up to 50% for residential structures adjacent to Open Space zoning Districts, RSRPD parkland, Homeowners Association (HOA) Greenbelts, or Ventura County Watershed Protection District Channels provided no structures cumulative cover more than 40 percent of the rear yard area.

(7) Up to a 10% increase in height for all residences and accessory structures may be granted in accordance with 9-30.060.D.2.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1094, eff. July 20, 2006; § 2 (part), Ord. 1110, eff. April 6, 2007; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014; § 2(Exh. A), Ord. No. 1265, eff. January 9, 2017 and § 2(Exh. A), Ord. No. 1289, eff. July 5, 2018)

A.

General standards. The following standards shall apply to development in all residential and open space zones:

1.

Number of residential structures. Except as otherwise provided in this Chapter, there shall not be more than one principal residential structure on any lot.

2.

Residential care facilities and family day care homes. Residential care facilities serving six or fewer persons and family day care homes shall be subject to all development standards and requirements applicable to single-family dwellings.

3.

Accessory commercial uses. The Planning Commission may allow, within an area covered by a Planned Development Permit, minor specified retail commercial uses for the convenience of project residents when the Commission finds that:

a.

The commercial uses are designed for the sole use of residents within the permit area; and

b.

The commercial uses are incidental to and compatible with the nature and type of development proposed for the permit area, and shall be confined within the boundaries of the development.

4.

Institutional uses - Use of required front and side yard areas. Buildings that are constructed, used, or maintained for a school, church, hospital, institution, or similar use shall not be permitted to use the required front or side yards for parking or play areas.

5.

Open storage of materials. The open storage of materials may be located in a rear yard, or behind a side yard fence, gate, or wall provided it does not constitute a health or safety hazard or violate any other laws. No open storage of materials (except for furniture specifically designed for outdoor use) is permitted in the front yard or areas in front of a side yard fence, gate, or wall or in side yard areas where no fence, gate, or wall exists. Materials stored in any side or rear yard shall not be higher than the surrounding property line fence or side yard fence, gate or wall.

6.

Compost bin enclosures. Compost bin enclosures may be permitted in front yard setback areas in Animal and Horse Overlay zones only, subject to the following provisions:

a.

Use. A compost bin enclosure may be constructed in the front yard setback area to permanently screen one composting bin (one and one-half to three cubic yards) for yard waste/horse manure only.

b.

Location. A compost bin enclosure that is placed permanently on private property must be located contiguous to either the public right-of-way or a designated County-recorded private road. Enclosures cannot be located in any parking space, alley way or in the Traffic Safety Sight Area (TSSA). The enclosure must be positioned at an angle of 10 or 20 degrees to the street to allow access for pickup.

c.

Limitations. Placement of the compost bin enclosure must allow the hauler to service the bin without requiring them to manually or physically move the bin. Compost bins shall have no wheels as to restrict movement within the enclosure.

d.

Specifications. Compost bin enclosures must be nine feet wide by five feet high by five feet deep and have an overhead clearance of 25 feet. The enclosure walls must be five feet high as measured from the point of the highest contiguous grade. Enclosures must be built with a concrete slab with a five-inch aggregate base material and six-inch Portland cement paving. The slab must have a level surface (no slope). A six-inch raised concrete curb must be installed around the inside perimeter of the walls. The front opening shall be at least 108 inches wide when the gate is fully open and must be designed with cane bolts to secure the gates when in the open position. Gates must swing outward or slide parallel to its side wall with safe, unobstructed clearance. Gates must have a secure closing mechanism and remain closed at all times when not in use or service. No roof or trellis shall be required.

e.

Materials. The compost bin enclosure must have four sides, one of which includes a solid, decorative opaque gate. The enclosure walls must be constructed of solid masonry with decorative exterior surface finish, compatible with any perimeter walls or the main structure. A list of recommended and acceptable enclosure materials include: slump stone, split face, precision block with stucco and cap, tilt-up concrete or other decorative block/concrete.

7.

Reasonable Accommodation. Persons with disabilities seeking equal access to housing may request a reasonable accommodation. Requests for reasonable accommodation shall be made in compliance with Section 9-52.110.

B.

Standards for specific types of residential projects. The standards of this Subsection shall be incorporated into all residential development as applicable, provided that these requirements do not apply to congregate care housing.

1.

Standards for all residential projects. All residential projects shall comply with the following requirements.

a.

The roof treatment for garages or carports shall be similar to that of the main structure.

b.

Fencing materials shall be slumpstone, wrought iron, textured concrete block or other similarly constructed walls except in residential projects designed for animal keeping within an Animal Overlay Zone.

c.

All property line walls and fences shall be no further than one inch from any property line. There shall be a rebuttable presumption that property line walls are on the property line.

d.

All above ground utility equipment visible from the street shall be screened by landscaping and/or a low wall matching the building decor.

e.

Off-site improvements related to a phase shall be accomplished concurrent with or prior to that phase of a multi-phased project.

f.

Roof equipment, except for solar energy equipment, on all structures shall be screened from view from adjacent parcels and street rights-of-way, including SR 118 and elevated overpasses, by means which are architecturally integrated into the structure. Solar energy equipment may be exposed to view from adjacent parcels and street rights-of-way provided the equipment is mounted flush with the roof plane.

2.

Multi-family residential projects.

a.

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards in compliance with Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

b.

Storage areas. Units are designed with outside, enclosed, lockable, secure storage areas attached to the unit, garage or attached carport.

c.

Roof equipment. Roof equipment, except for solar energy equipment, on all structures shall be screened from view from adjacent parcels and street rights-of-way, including SR 118 and elevated overpasses, by means that are architecturally integrated into the structure. Solar energy equipment may be exposed to view from adjacent parcels and street rights-of-way provided the equipment is mounted flush with the roof plane.

d.

Duplex dwellings. The project may contain up to 25 percent duplex dwellings and 75% multi-family dwellings. Duplexes shall comply with the parking space requirements for multi-family dwellings pursuant to Section 9-34.060 (Parking Space Requirements).

3.

Affordable and senior housing projects. Affordable and senior housing projects shall have an Affordable or Senior Housing Agreement in compliance with the City's Affordable Housing Guidelines.

4.

Senior housing projects. Senior housing projects shall comply with the following standards, provided that these requirements shall not apply to residential care housing, mobile home parks or residential projects of four or fewer units.

a.

The project shall be conditionally restricted to tenancy necessary to meet the definition of "senior housing project" in Article 8 (Glossary).

b.

The project shall be designed with attention to special kitchen and bathroom amenities needed by seniors, and shall include:

(1)

Natural gas cooking appliances;

(2)

Grab rails or bars for handicapped;

(3)

Central air and heating equipment; and

(4)

Non-security exterior front door screens for senior apartment projects, but not for for-sale senior housing projects.

5.

Mobile home parks and subdivisions.

a.

Permit requirement. A mobile home park or mobile home subdivision shall require the approval of a Planned Development Permit or Conditional Use Permit, as specified in Table 2-2.

b.

Mobile home park standards.

(1)

Minimum site area.A site proposed for a mobile home park shall have a minimum area of two acres.

(2)

Density. A mobile home park shall have a target density of eight dwelling units per acre with a density range of 5.1 to 12 dwelling units per acre.

(3)

Standards for individual mobile homes.

(a)

Setbacks. Each mobile home shall be setback from the boundaries of the mobile home space as follows:

(i)

Front - 10 feet;

(ii)

Side - five feet;

(iii)

Rear - 10 feet.

(b)

Space coverage. A mobile home and its accessory structures shall cover no more than 75 percent of the space area.

(c)

Skirting. Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on-grade or foundation.

(4)

Site perimeter. All exterior common boundaries shall be screened by a decorative solid wall, fence or other comparable device at least six feet in height, with a minimum five-foot wide landscaped area provided along the inside of the perimeter screen, including 15 gallon or larger trees planted no more than 30 feet apart.

(5)

Landscaping.

(a)

Common open space shall be landscaped in compliance with a landscape plan approved by the Commission.

(b)

All required landscaping in each development phase shall be installed prior to occupancy of the mobile homes, and adequately irrigated and maintained according to the approved landscaping plan.

(c)

In addition to the perimeter trees, the equivalent of one tree shall be planted for each mobile home lot or space, either within individual spaces or in common areas.

(6)

Common recreation or open space area. A common recreation area may be provided in the park for all tenants, and may contain a recreation building. The area may be provided in one common location with a minimum aggregate area of 240 square feet per mobile home space.

(7)

Parking. A mobile home park shall provide parking in compliance with Chapter 9-34 (Parking and Loading Standards). Guest parking spaces shall be provided adjacent to the recreation area.

(8)

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards in compliance with Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

(9)

Storage facilities.

(a)

One or more centralized storage areas shall be provided for recreational vehicles, boats, etc., at a minimum ratio of one storage space per five mobile home spaces. Any fractional space requirement shall be construed as requiring one full storage space.

(b)

Recreational vehicle parking spaces shall measure not less than 10 feet by 30 feet, and shall have direct access to a driveway with minimum width of 20 feet.

(c)

Storage areas shall be paved and drained in order to be usable year round.

(d)

Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height.

(10)

Utilities. All on-site utilities shall be installed underground.

c.

Mobile home subdivision standards.

(1)

Minimum site area. A site proposed for a mobile home subdivision shall have a minimum area of five acres.

(2)

Density. A mobile home subdivision shall have a target density of six dwelling units per acre with a density range of 3.1 to 10 dwelling units per acre, unless the base General Plan designation indicates a lower density, in which case the more restrictive density shall apply.

(3)

Minimum lot width. Each lot in a mobile home subdivision shall have a minimum width of 40 feet.

(4)

Setbacks. Each individual mobile home shall comply with the development standards of the RM zone, except that where the primary zoning district is more restrictive, the standards of the primary zoning district required by Article 2 shall apply.

(5)

Skirting. Each mobile home shall comply with the skirting requirements of Section 9-24.060(B)(5)(b)(3)(c), above.

(6)

Parking. Off-street parking shall be provided as required for single-family dwellings by Chapter 9-34 (Parking and Loading Standards).

(7)

Landscaping. Landscaping within a mobile home subdivision shall comply with the standards and requirements applicable to other single-family residential subdivisions or developments.

(8)

Trash enclosures. Each project shall contain a sufficient number of enclosures to screen bins for collection of discards in compliance with Chapter 9-35 (Recyclable Material and Discard Collection Containers and Facilities).

(9)

Utilities. All on-site utilities shall be installed underground.

C.

Lighting plan required. Project applications including outside parking lots and lighting shall include an exterior lighting (photometric) plan consisting of a point-by-point foot candle layout (based on 10-foot grid centers) extending a minimum of 20 feet outside the property lines, prepared by an electrical engineer registered in the State of California. The lighting plan shall:

1.

Minimize on-site and off-site glare;

2.

Provide adequate on-site lighting with no more than a seven-to-one ratio, maximum to minimum, level of illumination between light standards within driveways and parking areas;

3.

Limit electrolier height to 14 feet in areas adjacent to residential development to avoid excessive illumination;

4.

Provide electroliers that are compatible with the total design of the proposed facility;

5.

Utilize fixtures which possess sharp cut-off qualities at property lines, or light drops of up to ½-footcandle at the property line; and

6.

Not use low pressure sodium lighting fixtures.

D.

Optional standards. The standards of this Subsection apply to the types of residential projects noted, in the manner provided by Subsection (D)(1) (Applicability), below. This subsection does not apply to congregate care housing, or mobile home parks, or administrative planned development permits for residential projects.

1.

Applicability. The minimum number of the optional standards (listed in Subsections (D)(2) through (D)(4), below), shall be incorporated into each residential project, as specified in the following table:

2.

All residential projects.

a.

The project shall be an "infill project."

b.

All units in the project are sited to maximize effectiveness of passive solar features considering sun angles (southern orientation), wind direction, natural ventilation and shading devices (deciduous vegetation, eave projections, etc.) as shown on a separate plan (solar access plan).

c.

All units in the project shall incorporate energy conserving features, including solar waterheating or photovoltaic equipment that is mounted flush with the roof or wall surface. These features shall be capable of energy savings that exceed the minimum requirements of Title 24 by 10 percent or more.

d.

The project shall be located within and be consistent with an approved Specific Plan.

e.

Physical security devices shall be incorporated into the design of the project.

f.

The project shall provide an internal horse trail system.

g.

Architectural treatment is provided around each window and door area on all elevations of each unit, and roof treatment with eaves is provided on all elevations of each unit.

h.

The project shall be designed with variable setbacks, curving streets, special concrete treatment (e.g., stamped concrete), and special roof treatments.

i.

The project shall integrate enriched landscaping in parkways and greenbelts throughout the site.

j.

Roof materials shall not consist of asphalt shingles.

3.

Single-family detached residential projects.

a.

75 percent or more of the houses shall have three or more bedrooms.

b.

All front yards shall be planted with grass, contain in-ground sprinkler systems, and embellished with additional landscaping, such as flowers, shrubs and trees.

c.

The project shall provide a variety of different floor plans and different exterior treatments for each floor plan dependent upon and consistent with the size of the project.

d.

Recreational vehicle parking shall be provided for a minimum of 60 percent of the units.

e.

Bay windows, greenhouse windows, stained glass, and other special window and door treatments are incorporated into the design of each unit of the project.

f.

All units in the project shall have 1,600 square feet or more of floor area.

g.

The project shall have an affordable agreement with the City that provides housing affordable to persons earning the median income or less.

4.

Multi-family (attached) residential projects.

a.

The project shall provide a substantial recreation component as determined by the Commission.

b.

50 percent or more of the dwelling units shall have three or more bedrooms.

c.

Parking spaces for each unit shall be no more than 100 feet from the unit they serve.

d.

The interface between the project and surrounding uses shall be gradual, providing a compatible transition of the project into the neighborhood.

e.

Separate recreational vehicle parking shall be provided for a minimum of 20 percent of the units.

f.

The project shall provide an individual fully enclosed garage for each unit in the project.

g.

One bedroom dwelling units shall consist of a minimum of 800 square feet and two bedroom units shall consist of a minimum of 1,000 square feet.

h.

The project shall be designed with direct entry from the unit to the fully enclosed garage.

5.

Senior housing projects.

a.

The project provides a substantial recreation component, as determined by the Commission, including a seniors recreation program.

b.

The project includes an assisted care plan with components that include transportation services, personal care services and food services.

c.

The project includes a sheltered area for vehicular loading and unloading.

d.

The project provides lifesaving devices such as lifeline emergency equipment (panic buttons, etc.).

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007, § 2 (part), Ord. 1139, eff. February 9, 2009; Exh. A, Ord. 1147, eff. August 20, 2009 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

A.

Purpose. The intent and purpose of this Section is to:

1.

Establish procedures and standards to regulate the conversion of existing multi-family rental apartment housing to condominiums;

2.

Reduce the impact of such conversions on tenants, who may be required to relocate due to the conversion of apartments to condominiums;

3.

Assure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;

4.

Ensure that converted housing achieves a high standard of appearance, quality, and safety, and is in good condition without hidden needs for maintenance and repair;

5.

Assure a reasonable balance of rental and ownership housing and a variety of individual choices of tenure, type, price, and location; and

6.

Assure that adequate rental housing is available in the community.

B.

Applicability. The provisions of this Section shall apply to all proposed residential condominium conversions.

C.

Conditional Use Permit requirement. No existing residential apartment unit/complex shall be converted for sale, transfer, or conveyance as a condominium or townhouse condominium without a Conditional Use Permit pursuant to Section 9-52.070.

D.

Required Reports and Information. In addition to the Conditional Use Permit, the applicant shall submit a report describing the physical elements of all structures and facilities, as required by this Section. The cost of all reports shall be paid by the applicant. The reports shall include information on what improvements, if any, shall be accomplished by the developer and when such improvements shall be completed. These reports shall be comprised of:

1.

Structural Report. A report by a California licensed structural engineer, civil engineer or architect, describing in detail the structural condition, any evidence of soils problems, code violations, useful life, and any apparent deferred maintenance of all elements of the property;

2.

Mechanical Report. A report by a California licensed mechanical contractor detailing the age, condition, size, and the cost of replacement for each appliance and piece of mechanical equipment for heating and cooling. The report shall identify any defective or unsafe appliances and set forth the proposed corrective measures to be employed;

3.

Pest Inspection Report. A report by a California licensed structural termite and pest control specialist certifying whether or not all attached or detached structures are free of infestation and structural damage caused by pests and dry rot. The report shall describe what procedures would be necessary to eliminate infestation or damage, if present. Any infestation shall be remedied prior to sale;

4.

Paint Report. A report by a California licensed painting contractor verifying the condition of the painting throughout the project, including building interior and exterior surfaces and an estimate of the remaining physical life of the paint; and

5.

Roof Report. A report by a California licensed roofing contractor verifying the condition of the roofs of all structures and an estimate of the remaining physical life of the roofs and the cost of replacement.

E.

Construction Standards, Zoning Standards, and Design Guidelines.

1.

Construction Standards. Conversion projects shall be required to conform with the following:

a.

All work necessary to complete the conversions and the correction of any prior non-permitted alterations shall be required to conform to requirements of the current City-adopted Building Codes;

b.

At the time of conversion, the project shall comply with all accessibility requirements of the California Building Code (CBC). The extent of the modification shall be guided by the CBC in effect at the time of building permit issuance for the accessibility modifications; and

c.

Gas, electricity, and water shall be separately metered for each dwelling unit. A shutoff valve for each utility shall also be provided for each unit.

2.

Development Code Standards. Conversion projects shall comply with the following Development Code requirements:

a.

Provide similar roof treatments for garages or carports as the main structures, pursuant to Section 9-24.060(B)(1)(a);

b.

Upgrade exterior lighting pursuant to Section 9-30.040;

c.

Screen roof equipment pursuant to Section 9-24.060(B)(1)(f);

d.

Provide trash enclosures pursuant to Section 9-24.060(B)(2)(a);

e.

Provide storage areas pursuant to Section 9-24.060(B)(2)(b); and

f.

Provide the required number of parking spaces pursuant to Section 9-34.060.

3.

Design Guidelines. The following design guidelines are strongly encouraged for use when converting existing apartments to condominiums. (Note: All condominium conversion design guidelines appear in italics to distinguish them from standards, which are mandatory requirements.)

a.

Follow the landscape design standards found in the Citywide Landscape Guidelines;

b.

Screen all above ground utility equipment and service meters visible from the street;

c.

Provide an overall circulation system that avoids circuitous or confusing travel paths and dead ends;

d.

Provide adequate vehicle stacking room and parking stalls outside of the gates, for gated projects;

e.

Incorporate significant vertical and horizontal articulation into each building; and

f.

Conversions designated for sale only to seniors should incorporate universal design guidelines. The term "accessible" is defined as pursuant to Chapter 11A of the California Building Code. The design features include:

(1)

Doors, openings, and entries:

(a)

Accessible primary front door, doorway, and threshold;

(b)

Accessible interior doors and doorway;

(c)

Accessible secondary exterior doors, doorways, and thresholds;

(d)

An entry door sidelight or high and low peephole viewer;

(e)

Accessible sliding glass door;

(2)

General interior adaptations:

(a)

Accessible routes to at least one bedroom, bathroom, and kitchen from the primary entrance;

(b)

Accessible switches, outlets, and thermostats;

(c)

Closet rods and shelves adjustable from three feet to five feet and six inches high;

(3)

Kitchen:

(a)

Accessible floorspace at appliances;

(b)

Cabinetry and plumbing that could be converted to be fully accessible;

(c)

Enhancements such as a contrasting color edge at countertops, antiscald device on plumbing fixtures, and undercabinet lighting;

(4)

At least one bathroom within each unit:

(a)

Grab bar backing installed adjacent to and within the bathtub/shower in each bathroom;

(b)

Cabinetry and plumbing that could be converted to be fully accessible;

(c)

Accessible stall shower designed per CBC 11A, or roll-in shower designed per CBC 11B, in lieu of a standard tub, shower, or tub/shower combination;

(d)

Accessible faucet handles and an adjustable handheld showerhead;

(e)

Enhancements such as a contrasting color edge at countertops, and antiscald device on plumbing fixtures;

(5)

Project site.Required paths of travel must have a slip-resistant surface suitable for walkers and wheelchairs, such as concrete, mortarless interlocking pavers, or other smooth surfaces as approved by the Deputy Director/City Planner.

F.

Vacancy rate. Condominium conversions shall be prohibited when the City's vacancy rate for rental apartments is less than five percent, as determined by the most recent Apartment Survey prepared by the City, at the time a conversion application is submitted.

G.

Occupancy limitation. The CC&Rs for the project shall stipulate that each converted condominium unit be owner-occupied for an initial five-year time period, and that no more than 20 percent of the units may be rented at any time.

H.

Affordable housing. The applicant shall enter into an agreement with the City to sell 25 percent of the total number of units to very low- and low-income households. This agreement shall also ensure that all affordable units be sold with an affordability covenant that restricts the affordable housing cost for a minimum of 45 years.

I.

Tenant benefits.

1.

Moving expenses and relocation assistance. The applicant shall provide relocation/moving assistance equal to three times the monthly rent to any tenant household living in any unit of the project at the time of final map approval, provided such tenant is not otherwise in default of the rental agreement. A tenant moving into the apartment after final map approval will not be required to be provided with moving expenses. When the tenant has given notice of his intent to move prior to City approval of the final map, eligibility to receive assistance shall be forfeited. If the tenant elects to purchase a unit, such relocation assistance shall be applied to the tenant's purchase of the unit.

2.

Lease extension. The applicant shall offer a three-year lease extension to qualifying very low- and low-income tenants, as defined by the latest publicly available figures from the U.S. Department of Housing and Urban Development (HUD), for household incomes for the County of Ventura. Reasonable annual rent increase shall be allowed, but shall not exceed the increase in the Los Angeles-Long Beach Area Consumer Price Index (CPI), or any successor index designed to determine general increases in housing costs, for the preceding 12-month period. Provisions setting forth this limitation on rent increases shall be incorporated into such lease. The applicant shall provide evidence that such offer has been made to eligible tenants prior to filing for approval of the final subdivision map.

(§ 2, Ord. 1102, eff. November 9, 2006)

A.

Purpose and intent. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Development, pursuant to California Government Code Sections 65852.21 and 66411.7, and subject to the standards as set forth in this ordinance.

B.

Authority. Requests for a Two-Unit Residential Development that comply with the requirements of this section shall be approved by the Director with a Zoning Clearance.

C.

Qualifying Two-Unit Residential Development. Qualifying Two-Unit Residential Development is as defined in Government Code Section 65852.21. The exceptions in this section apply only to Two-Unit Residential Development in the OS, RE, RVL, RL, RM, RMod, and RPD zones, and any development on a parcel or subdivided parcel approved pursuant to SVMC Chapter 9-24.080, Urban Lot Split.

D.

Prohibited development. Two-Unit Residential Development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as further specified below:

1.

Rental units. Two-Unit Residential Development shall not include the demolition, substantial redevelopment, 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 through the City's valid exercise of its police power.

c.

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

2.

Prior removal of rental units. Two-Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exercised the owner's right under California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3.

Demolition. No more than 25 percent of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last three years.

4.

Substantial redevelopment. Two-Unit Residential Development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with SVMC 9-72.040(B)(1). Properties developed with Two-Unit Residential Development may expand the primary residence constructed prior to December 31, 2021, to a size that exceeds the allowed unit size with no maximum size restriction.

5.

Very High Fire Hazard Areas. Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers. No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.

6.

Restricted areas. Two-Unit Residential Development shall not be permitted within the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, unless proper mitigations are approved by the Building Official, Environmental Services Director (Habitat Connectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.

7.

Historic resources. Two-Unit Residential Development shall not be permitted on a property included on the State Historic Resources Inventory, on a parcel designated as a historic property, County Landmark, or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.

8.

The City reserves the right to limit construction in locations where there is inadequate water or sewer services, impact on traffic flow, or public safety.

E.

Number of residential units allowed. A Two-Unit Residential Development is allowed a maximum of two primary residential units on one parcel. Units may be attached (duplex) or detached. Each primary residential unit is permitted one accessory dwelling unit ("ADU") in accordance with 9-44.160. A maximum of four total residential units are permitted on a single parcel inclusive of accessory dwelling units.

When a property is subdivided using the Urban Lot Split, a maximum of two dwelling units are allowed on each resulting parcel. Dwelling units include primary and accessory dwelling units. Each primary dwelling unit is not permitted to have an ADU and/or JADU and exceed the maximum of two dwelling units per lot.

F.

Accessory buildings allowed. Residential accessory structures may be permitted concurrently or subsequent to a Two-Unit Residential Development, pursuant to 9-30.080. The cumulative square footage of all structures shall not cover more than 40 percent of any required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory buildings, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.

G.

Rental terms. Each unit may be rented separately, however, rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

H.

Property ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years from the date of the Certificate of Occupancy for the new primary dwelling unit. An affidavit form approved by the City must be completed annually and be submitted with the Zoning Clearance Application.

I.

Access to a public street. Every main building shall face or have frontage upon a public street or have permanent means of access to a public street, using either a vehicle driveway or pedestrian pathway. Pedestrian pathways and driveways are limited to the minimum width required for access to each unit, garage, or required parking space.

1.

Vehicular access. When new parking is proposed, vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with SVMC Title 7, Chapter 1 Encroachments and Section 9-34 Parking and Loading Standards.

a.

Landscape buffer. Where feasible for existing site constraints, driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.

2.

Pedestrian access. When a parcel is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:

a.

Minimum width. Pedestrian pathways serving one or two units: three feet wide.

b.

Maximum length. Pedestrian pathways shall not be more than 200 feet in length.

c.

Slope. Running grade shall not exceed five percent and cross slope shall not exceed 1:50.

d.

Materials. Minimum four-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.

e.

Addressing. All addresses for residential parcels using a shared driveway must be displayed at their closest point of access to a public street for emergency responders.

J.

Open Space. Each primary dwelling unit shall have a minimum size open space of 200 square feet designed as a continuous square, rectangle, or similar shape. Open space must be located outside the required setbacks. The cumulative square footage of all structures shall not cover more than 40 percent of required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory structures, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.

K.

Parking. One off-street automobile parking space, which shall be in an enclosed garage dimensioned pursuant to SVMC 9-34.080.D, is required for each unit in a Two-Unit Residential Development, except as exempted below.

1.

Replacement parking required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be an enclosed garage, must be provided for each unit, unless the project is exempt from parking.

If the garage was converted to an ADU or JADU prior to Two-Unit Residential Development, a new one car garage is required for each primary dwelling unit.

2.

Shared Garages. Each primary dwelling unit must have its own individual single car garage. Garage dimensions must comply with SVMC Section 9-34.080.D. Multiple single car garages may be attached together.

3.

Location. All parking must be on the same parcel as the residential unit served. All driveways must meet the minimum dimensions, location, and development standards consistent with the California Fire Code, and SVMC Section 9-34.090.B Design Requirements. Minimum driveway width to the rear property shall be nine feet wide.

4.

Parking is not required. Parking is not required for a Two-Unit Residential Development when:

a.

A property is located within ½ mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b.

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

L.

Hillside performance standards. Development proposed on parcels outside the valley floor will be limited to 800 square feet in size and must comply with SVMC Chapter 9-32 Hillside Performance Standards.

M.

Building permit required. Two-Unit Residential Development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a Two-Unit Residential Development in compliance with state law and this section.

1.

Basis for denial. A Two-Unit Housing Development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon 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.

2.

A Zoning Clearance is required for each new primary dwelling unit.

N.

Objective development standards. Except as otherwise specified in this section, Two-Unit Residential Development shall comply with the objective development standards applicable to a principle or primary residential use on a parcel for the housing type and base zone in which the parcel is located, as follows:

1.

Exceptions. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the parcel. If for any reason the development is not maintained on the parcel in conformance with this section, the parcel shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the parcel prior to the development of the Two-Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and garage parking.

2.

Waivers and variances not allowed. A Two-Unit Residential Development project may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard.

3.

Maximum unit size. The maximum allowable floor area shall apply to each primary residential unit. The maximum unit size is as follows:

a.

Parcels up to 5,000 square feet: 800 square feet maximum.

b.

Parcels 5,001 to 8,000 square feet: 1,000 square feet maximum.

c.

Parcels 8,001 to 20,000 square feet: 1,200 square feet maximum.

d.

Parcels 20,001 square feet or greater: 2,000 square feet.

If a property is subdivided using an Urban Lot Split, unit size shall be calculated based upon the new parcel area and not the original parcel area.

4.

Setbacks. All structures in a Two-Unit Residential Development shall comply with the setbacks as shown in SVMC 9-24.080 Table 3-2; with the following exceptions:

a.

Flag lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).

b.

Architectural features and accessory structures. Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.

c.

For all other setbacks refer to SVMC Chapter 9-24.

5.

Architectural review. All developments shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Environmental Services Director.

a.

Building design. Additions or new construction shall comply with the following:

(1)

On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match or complement the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, etc.

(2)

If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes to complement the planned development or adjacent residences.

(3)

Roofing material shall match the roof material of the original residence or if the property is vacant, then the roof material shall match the adjacent residences.

b.

Materials and colors. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. Materials and colors shall complement the building style.

c.

Garage conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.

O.

Urban Lot Split. An Urban Lot Split shall comply with the following standards.

1.

An Urban Lot Split shall be ministerially approved if all of the following apply:

a.

The parcel was not previously split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7.

b.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.

Property is not located within a Very High Fire Hazard Area, the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site,

The property is not included on the State Historic Resources Inventory, is not designated as a historic property, County Landmark, or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest, or listed in the General Plan.

2.

Map compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California Subdivision Map Act and SVMC Article 6 - Subdivisions (SVMC 9-60 through 9-68), except as modified by this Article.

3.

Parcel area minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet. No parcel may be less than 40 percent of the original lot size.

4.

Two parcels maximum. The Urban Lot Split may divide a lot of record to create no more than two new parcels.

5.

Parcel dimensions. An Urban Lot Split is not subject to the minimum lot width requirements as set forth by the underlying zone.

6.

Required setbacks. Existing structures must comply with required setbacks.

7.

Owner occupancy. An owner must occupy one unit as their primary residence for a minimum of three years from recordation of the Parcel Map, if a dwelling unit exists on the lot at the time of recordation; or for a minimum of three years from the issuance of a certificate of occupancy of the first newly constructed dwelling unit on either lot of the Parcel Map if no unit existed at time of recordation.

8.

Hillside Performance Standards. Urban Lot Splits proposed on properties that are located on slopes 20 percent or greater are subject to the SVMC Chapter 9-32.

9.

Off-site improvements. The City shall not impose regulations that require dedications of right-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split.

10.

Application. For all lots subdividing using this code section an application for a Tentative Parcel Map shall be submitted in accordance with SVMC Chapter 9-61 Tentative Map Filing and Processing.

(§ 2(Exh. A), Ord. No. 1352, eff. October 23, 2023)