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HomeMy WebLinkAboutArcadia DevCode - Division 2 Zones Uses and Standards TA 2024_(FINAL)November 2016 2-1 Division 2 – Zones/Allowable Uses/Development Standards 9102.01.020 Land Use Regulations and Allowable Uses Amended by Ord. No. 2347 Amended by Ord. No. 2348 Amended by Ord. No. 2363 Amended by Ord. No. 2369 & 2370 Amended by Ord. No. 2397 Amended by Ord. No. 2400 A. Allowed Uses. Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) indicates the uses allowed within each residential zone and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: “P” represents permitted (allowed) uses. “A” represents accessory uses. “M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. “C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. “--” designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. D. Housing Element Candidate Sites. Pursuant to Government Code Section 65583. 2(c), residential uses shall be allowed by right for housing development in which at least 20% of the units are affordable to lower- income households for sites that: 1. Are non-vacant and identified in the 5th Cycle Housing Element planning period; and 2. Vacant sites included in two or more consecutive Housing Element planning cycle; 3. Eligible sites can be found in the City' s 2021- 2029 Housing Element (6th Cycle). Development shall meet all of the requirements of the respective zone in which such sites are located in unless otherwise permitted by this Division, and shall comply the provisions of applicable environmental documents for such site, if any. E. Multi-Family Uses Permitted By-Right. Multifamily residential uses are permitted by-right in the following zones when 20% or more affordable units are provided per Gov’t Code Section 65583. 2 (i): R -2, R-3, R-3-R, MU, DMU, and RF and DMU overlays. Table 2-1 Allowed Uses and Permit Requirements for Residential Zones P Permitted A Permitted as an Accessory Use M Minor Use Permit Required C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 R-3-R Specific Use Regulations Residential Uses Boarding House -- -- -- -- -- -- Dwellings 9102.01 – Residential Zones 2-2 November 2016 Single-Family Dwelling P P P P P -- See required minimum density (Section 9102.01.090, Table 2-6 and) Subsection 9102.01.100.A (Exceptions to Minimum Density in R-2 and R-3) Multifamily Dwelling -- -- -- P P P See Land Use Regulations and Allowable Uses (Section 9102.01.020) Two-Family Dwelling -- -- -- P P P Accessory Dwelling Unit A A A A A A Short-Term Rental -- -- -- -- -- -- No Person shall post, publish, circulate, broadcast, or maintain any advertisement of a Short-Term Rental in any zone allowing residential uses. See Section 9104.02.300 Home Sharing -- -- -- -- -- -- No Person shall post, publish, circulate, broadcast, or maintain any advertisement for Home Sharing in any zone allowing residential uses. See Section 9104.02.300 Manufactured Housing Unit P P P P P -- See required minimum density (Section 9102.01.090, Table 2-6 and) Subsection 9102.01.100.A (Exceptions to Minimum Density in R-2 and R-3) November 2016 2-3 Division 2 – Zones/Allowable Uses/Development Standards Table 2-1 Allowed Uses and Permit Requirements for Residential Zones P Permitted A Permitted as an Accessory Use M Minor Use Permit Required C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 R-3-R Specific Use Regulations Agricultural Uses Urban Agriculture A A A A A A See Subsection 9104.02.030 (Agricultural Uses –Urban Agriculture, Small Animal and Fowl, and Horses). See Subsection 9104.02.145 (Employee Housing) Horse Keeping A A A -- -- -- Small Animal and Fowl Keeping A A A -- -- -- Education Schools, Private C C C C C C May only be permitted as a Conditional Use, accessory to a Place of Religious Assembly. Medical-Related and Care Uses Day Care, General -- -- -- -- -- -- See Subsection 9104.02.080 (Day Care, General) Day Care, Limited - Small Family A A A A A A See Subsection 9104.02.100 (Day Care, Limited – Small Family) 9102.01 – Residential Zones 2-4 November 2016 Table 2-1 Allowed Uses and Permit Requirements for Residential Zones P Permitted A Permitted as an Accessory Use M Minor Use Permit Required C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 R-3-R Specific Use Regulations Day Care, Limited - Large Family A A A A A A See Subsection 9104.02.090 (Day Care, Limited – Large Family) Employee Housing – Six or Fewer Persons P P P P P P See subsection 9104.02.145 (Employee Housing) Residential Care Facility – Six or fewer persons P P P P P P See Subsection 9104.02.260 (Residential Care Facilities) Residential Care Facility – Seven or more persons P P P P P P See Subsection 9104.02.260 (Residential Care Facilities) Supportive Housing – Housing Type P P P P P P Supportive Housing – Residential Care Facility Small Type P P P P P P Transitional Housing – Housing Type -- -- -- P P P Transitional Housing – Residential Care Facility Small Type P P P P P P Other Uses Antennas and Wireless Communication Facilities - Co-location or Panel -- -- -- -- P P Exception: All facilities are permitted on City- owned properties and public rights-of-way. New standalone facilities are not permitted in Architectural Design (D) overlay zones. See also Subsection 9104.02.050 (Antennas and Wireless Communication Facilities) Antennas and Wireless Communication Facilities - Standalone Facility -- -- -- -- -- -- Places of Religious Assembly -- C C C C -- Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Permit itional Use Sports Courts (Private) P P P P P P Must comply with Subsection 9104.02.330 (Sports Courts in Residential Zones) Recharging Stations A A A A A A Utility Structures and Service Facilities C C C C C C November 2016 2-5 Division 2 – Zones/Allowable Uses/Development Standards 9102.01.030 Development Standards in Single-Family Residential Zones (R-M, R-0, R-1) Amended by Ord. No. 2347 Amended by Ord. No. 2363 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 Tables 2-1 (Allowed Uses and Permit Requirements for Residential Zones), 2-2 (Development Standards for Single-family Residential Zones), and 2-3 (Additional Development Standards for Homeowners Association Areas), and the development standards in Division 3 (Regulations Applicable to All Zones-Site Planning and General Development Standards). Additional regulations are denoted in the right hand column of Table 2-2 and Table 2-3. Exceptions and additional regulations are included in Subsection 9102.01.040 (Additional Residential Development Standards in Single-Family Residential Zones). Standards for accessory structures and accessory dwelling units are outlined in Subsection 9102.01.060 (Accessory Structures in Single-family Residential Zones) and Subsection 9102.01.080 (Accessory Dwelling Units). Development standards for garages and other parking areas are located in Section 9103.07 (Off-Street Parking and Loading). Development standards for fences, walls, and gates are outlined in Section 9103.05 (Fences, Walls, and Gates). Development standards for landscaping requirements are located in Section 9103.09.040.B (Landscape Requirements for Residential Zones). 9102.01 – Residential Zones 2-10 November 2016 Table 2-3 (1) Additional Development Standards for Homeowners Association Areas Single-family Residential Zones (R-M, R-0, R-1) Development Feature Santa Anita Village (R-1) Highlands (R-M and R-1) Lower Rancho (R-0) Santa Anita Oaks (R-0) Upper Rancho (R-0) Additional Requirements Minimum Setbacks Front 25 ft 25 ft 35 ft 65 ft Exceptions: Tract 13544 shall be a minimum of 60 ft Tracts 13345 and 11013 shall be a minimum of 55 ft and Tract 14565656 shall be a minimum of 50 ft 50 ft See Subsection 9102.01.040 (Additional Residential Development Standards), Subsection 9103.01.060 (Setback Measurements and Exceptions), and Subsection 9102.01.050 (Permitted Projections in Single-family Residential Zones) Side – first or single story Interior 5 ft or 10% of the lot width, whichever is greater R-M: 10 ft or 10% of lot width, whichever is greater, but not to exceed 15 ft as a required setback R-1: 6 ft or 10% of the lot width, whichever is greater 10 ft or 10% of the lot width, whichever is greater 10 ft or 10% of the lot width, whichever is greater 15 ft See Subsection: 9102.01.040 (Additional Residential Development Standards in Single-family Residential Zones). Corner (street side) 20 ft 20 ft 20 ft 20 ft 20 ft See Subsection: 9102.01.040 (Additional Residential Development Standards in Single-family Residential Zones). Reverse Corner (street side) 25 ft R-M: 20 ft R-1: 25 ft 25 ft 25 ft 25 ft November 2016 2-11 Division 2 – Zones/Allowable Uses/Development Standards Table 2-3 (1) Additional Development Standards for Homeowners Association Areas Single-family Residential Zones (R-M, R-0, R-1) Development Feature Santa Anita Village (R-1) Highlands (R-M and R-1) Lower Rancho (R-0) Santa Anita Oaks (R-0) Upper Rancho (R-0) Additional Requirements Side - second story Interior 10 ft or 20% of the lot width, whichever is greater R-M: 15 ft or 20% of the lot width, whichever is greater R-1: 10 ft or 20% of the lot width, whichever is greater 15 ft or 20% of the lot width, whichever is greater 15 ft or 20% of the lot width, whichever is greater 15 ft or 20% of the lot width, whichever is greater See Subsection: 9102.01.040 (Additional Residential Development Standards in Single- family Residential Zones). Corner (street side) 20 ft 20 ft 20 ft 20 ft 20 ft Reverse Corner (street side) 25 ft R-M: 20 ft R-1: 25 ft 35 ft 35 ft 35 ft Rear First or single story 25 ft 25 ft 35 ft 35 ft 40 ft Additional rear setback of one foot required on each story for every 10 feet above 150 feet of lot depth. See Subsection 9102.01.040 (Additional Residential Development Standards in Single-family Residential Zones). Second story 35 ft 35 ft 35 ft 35 ft 35 ft Maximum Lot Coverage 1-story dwellings 45% 45% 45% 45% 45% 2-story dwellings 35% 35% 35% 35% 35% Maximum Number of Stories 2 stories 2 stories 2 stories 2 stories 2 stories Exposed basements shall be considered a story. Maximum Street-Facing Porch Height 14 ft 14 ft 14 ft 14 ft 14 ft See Subsection 9102.01.040.I (Porch Height). 9102.01 – Residential Zones 2-12 November 2016 Table 2-3 (1) Additional Development Standards for Homeowners Association Areas Single-family Residential Zones (R-M, R-0, R-1) Development Feature Santa Anita Village (R-1) Highlands (R-M and R-1) Lower Rancho (R-0) Santa Anita Oaks (R-0) Upper Rancho (R-0) Additional Requirements Encroachment Plane Front Property Line 30 degrees R-M: 40 degrees R-1: 30 degrees 30 degrees 30 degrees 30 degrees No portion of any structure shall encroach through a plane projected from the identified angle as measured at the ground level along the front property line. That point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the property line. See Figure 2-1 (Encroachment Plane). Interior Rear and/or Interior Side N/A N/A N/A N/A N/A Corner Street Side Property Line 40 degrees 40 degrees 40 degrees 40 degrees 40 degrees November 2016 2-13 Division 2 – Zones/Allowable Uses/Development Standards Table 2-3 (1) (3) Additional Development Standards for Homeowners Association Areas Single-family Residential Zones (R-M, R-0, R-1) Development Feature Village (R-1) Highlands (R-M and R-1) Lower Rancho (R-0) Oaks (R-0) Upper Rancho (R-0) Maximum Height (2) 25 ft R-M: 25 ft for lots less than 71-foot lot width; an additional 1 ft in height for every additional 1 ft in lot width up to 75 ft lot (30 ft height). 80-85 ft lot width: 31 ft 85’-1”-90 ft lot width: 32 ft 90’-1”-95 ft lot width: 33 ft 95’-1”-100 ft lot width: 34 ft 100’-1”+ ft lot width: 35 ft R-1: Less than 75 ft lot width: 25 ft 75’-94 ft lot width: 27 ft 94’-1”-114 ft lot width: 29 ft 114’-1” ft lot or larger width: 30 ft 25 ft for lots with less than 75- foot lot width 30 ft for lots with 75-foot width or greater 25 ft for lots with less than 75- foot lot width 30 ft for lots with 75-foot width or greater 25 ft for lots with less than 75- foot lot width 30 ft for lots with 75-foot width or greater Notes: (1) In cases where the underlying zoning’s Development Standard is greater than the requirements stated in Table 2-3, Additional Development Standards for Homeowners Association Areas Single- family Residential Zones (R-M, R-0, R-1), the underlying zoning shall be used unless an exception is specifically identified. (2) See Subsection 9103.01.030 (Measuring Floor Area and Floor Area Ratio) (3) See Subsection 9102.01.040(J) for additional regulations regarding garages and carports. 9102.01 – Residential Zones 2-18 November 2016 Figure 2-1 Encroachment Plane – R-0 and R-1 Zones November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards 9102.01.050 Permitted Projections in Single-Family Residential Zones Amended by Ord. No. 2347 A. Permitted Architectural Projections in Single-Family Residential Zones. In R-M, R-0, and R-1 zones, architectural and similar features may extend into required setback areas as identified in Table 2-4 (Permitted Projections and Encroachment into Required Setback in Single-Family Zones). Table 2-4 Permitted Projections and Encroachment into Required Setback in Single-Family Zones Maximum Permitted Encroachment Distance Into Required Setback Area R-M, R-0, and R-1 Zones Architectural Feature Front(1) Side(2) Rear(3) 1st Story 2nd Story Awnings 18 inches -- -- 18 inches Balconies -- -- -- -- Bay windows, garden windows(4) 18 inches 18 inches 18 inches 18 inches Chimneys 18 inches 18 inches 18 inches 18 inches Cornices, belt courses, buttresses, pilasters, pillars, sills 12 inches -- -- -- Eaves(5) 30 inches 30 inches 30 inches 30 inches Fire escapes, elevator shafts and open stairways -- -- -- -- Trellis structures and patio covers -- -- -- -- Notes: (1) Front Setback Exception (R-M Zone only) – Architectural features shall not project into the front setback in the R-M zone. (2) Side Setback Exception (R-M Zone only) – A portion of a gable roof and walls thereunder which do not exceed a maximum height of 20 feet and which enclose a portion of the first story living area and/or interior stairwells which have no window(s) facing the side yard, may encroach into the required setback but in no event shall such encroachment be less than the required first story setback except as may be approved pursuant to an Administrative Modification (Section 9107.05). (3) Rear Setback Exception (R-M Zone only) – Architectural features shall not project into the rear setback in the R-M zone. (4) In all zones, bay windows, garden windows, and other similar architectural projections shall have a vertical distance of 30 inches or greater between the lowest surface of the projection and the finished floor. (5) Eaves Exception (R-M Zone only) – Eaves may extend or project a maximum of two feet beyond the required setback on both the first and second stories. B. Mechanical Equipment Projections in Single-Family Residential Zones. Mechanical equipment shall comply with the required setbacks set forth for the structure the mechanical equipment will serve. Exceptions: (1) Tankless water heaters and solar batteries may encroach into the required side and rear setbacks by 30 inches. (2) Mechanical equipment serving swimming pools, spas, and water features shall not be set back less than three feet from the rear property line. 9102.01.060 Accessory Structures in Single-Family Residential Zones Amended by Ord. No. 2347 Amended by Ord. No. 2369 & 2370 Accessory structures, as defined in Division 9 (Definitions) of this Development Code, but excluding required garages, are allowed in residential zones and are subject to the development standards set forth in Table 2-5 (Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones). Accessory dwelling unit regulations are set forth in Subsection 9102.01.080 (Accessory Dwelling Units). Any allowable accessory structure that does not require a building permit shall meet the requirements of this Development Code for use, placement on the lot, height, and size. The construction and/or relocation of an accessory structure shall require review and approval per the Site Plan and Design Review, as set forth in Section 9107.19 (Site Plan and Design Review). A. Restrictions on Number and Use 1. Primary Building Required. An accessory structure(s) is allowed onsite only when there is a primary dwelling on site. 9102.01 – Residential Zones 2-18 November 2016 2. Number Allowed. A maximum of two detached accessory structures are allowed on any one lot, including accessory dwelling units. 3. Kitchen. No kitchen is allowed within the accessory structure 4. Bathroom. The accessory structure may contain a sink, a toilet and/or a shower. 5. Rooms. No more than one room is allowed within the accessory structure, aside from a bathroom containing a sink, toilet and/or a shower. 6. Covenant Required. A covenant approved as to form by the City shall be recorded prior to the issuance of any building permit for any accessory structure stating that the accessory structure will not be used for overnight stay, rented, or used as a dwelling unit. B. Development Standards 1. General Standards. Accessory structures shall comply with the development standards set forth in Table 2-5 (Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones). 2. Consistent Exterior Appearance. All accessory structures on a permanent foundation shall be consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles. Table 2-5 Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones (1) Development Feature R-M R-0 R-1 Additional Requirements Shall be counted toward total allowable floor area for the zone, pursuant to Maximum Floor Area 50% of the ground floor area of the main building Minimum Setbacks 50% of the ground floor area of the main building 50% of the ground floor area of the main building Subsections 9102.01.030 (Development Standards in Single-Family Residential Zones) and 9102.01.040 (Additional Residential Development Standards in Single-Family Residential Zones). Front (public or private street) Same as dwelling requirement Same as dwelling requirement Same as dwelling requirement For exceptions refer to Subsection 9102.01.040.B (Front Setbacks-Additional Standards in R-M and R-0 Zones). Side 10 ft Same as dwelling requirement Reverse Corner (street side) 20 ft Same as dwelling requirement Same as dwelling requirement Same as dwelling requirement For exceptions refer to Subsection 9102.01.040.DC (Exceptions to Rear Setbacks on Corner and Rear 10 ft 10 ft 10 ft Reverse Corner Lots in R-0 and R-1 Zones-Attached Single-Story Garage) November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards Maximum Lot Coverage 25% of required rear yard 25% of required rear yard 25% of required rear yard Table 2-5 Development Standards for Accessory Structures in the R-M, R-0, and R-1 Zones (1) Development Feature R-M R-0 R-1 Additional Requirements Maximum Number of Stories One story One story One story Minimum Distance Between Structures 6 ft 6 ft 6 ft Maximum Height 16 ft and cannot exceed the maximum height of dwelling 16 ft and cannot exceed the maximum height of dwelling 16 feet and cannot exceed the maximum height of dwelling See Subsection 9103.01.050 (Height Measurements and Exceptions) and 9102.01.040.E (Height Exception for Chimneys and Roof-Mounted Vents). Minimum Encroachment Plane Front Property Line 40 degrees 30 degrees 30 degrees Interior Rear and/or Interior Side N/A N/A N/A Street Side (Reverse Corner) Property Lines N/A 40 degrees 40 degrees Notes: (1) Accessory dwelling units are subject to the development standards in Subsection 9102.01.080. 9102.05 – Downtown Zones 2-14 November 2016 9102.01.080 Accessory Dwelling Units Amended by Ord. No. 2347 Amended by Ord. 2369 & 2370 Amended by Ord. No. 2375 Amended by Ord. No. 2396 A. Accessory Dwelling Units. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: 1. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located. 2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. 3. Considered in the application of any local ordinance, policy, or program to limit residential growth. 4. Required to correct a nonconforming zoning condition, as defined below under Definitions. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. C. Definitions. As used in this section, terms are defined as follows: 1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following: a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. 2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. 4. “Efficiency kitchen” means a kitchen that includes all of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU. 5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following: a. It is no more than 500 square feet in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in above. 6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. 7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. 9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. 10. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards for permitting. 11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. D. Approvals. The following approvals apply to ADUs and JADUs under this section: 1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it is allowed with only a building permit in the following scenarios: A. Converted on Single-family Lot: One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: 1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single- family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and 2. Has exterior access that is independent of that for the single-family dwelling; and 3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 4. The JADU complies with the requirements of Government Code sections 66333 through 66339. B. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot), if the detached ADU satisfies each of the following limitations: 1. The side and rear yard setbacks are at least four (4) feet. 2. The total floor area is 800 square feet or smaller. 3. The height does not exceed the applicable height limit in subsection below under “Height.” C. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. D. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following: 1. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. 2. The height does not exceed the applicable height limit provided in subsection below under “Height.” 3. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. 2. ADU Permit. A. Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (E) and (F) below. B. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution. 3. Process and Timing. 9102.05 – Downtown Zones 2-16 November 2016 A. An ADU permit is considered and approved ministerially, without discretionary review or a hearing. B. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either: 1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or 2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. C. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period. D. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (D)(1) or (D)(2) above: 1. Zoning A. An ADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone. B. An ADU subject to an ADU permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. C. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. 2. Height A. Except as otherwise provided by subsections (E)(2)(B) and (E)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. B. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. C. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. D. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(D) may not exceed two stories. E. For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards 3. Fire Sprinklers A. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. B. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 28 days. This prohibition applies regardless of when the ADU or JADU was created. 5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). 6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. 7. Owner Occupancy. A. ADUs created under this section on or after January 1, 2020 are not subject to an owner- occupancy requirement. B. As required by state law, all JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner- occupancy requirement in this subsection (E)(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. 8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that: A. The JADU may not be sold separately from the primary dwelling. B. The JADU is restricted to the approved size and to other attributes allowed by this section. C. The deed restriction runs with the land and may be enforced against future property owners. D. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. E. The deed restriction is enforceable by the Director, or designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. 9102.05 – Downtown Zones 2-18 November 2016 9. Building & Safety. A. Must comply with Building Code. Subject to subsection below, all ADUs and JADUs must comply with all local building code requirements. B. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Division makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above. 1. Maximum Size. A. The maximum size of a detached or attached ADU subject to this subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. B. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. C. Application of other development standards in this subsection (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(B) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet. 2. Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (F)(1)(C) above. 3. Setbacks. A. ADUs that are subject to this subsection (F) must conform to four (4) foot side and rear setbacks. ADUs that are subject to this subsection (F) must conform to 25-foot front setbacks, subject to subsection (F)(1)(C) above. B. No setback is required for an ADU that is subject to this subsection (F) if the ADU is constructed in the same location and to the same dimensions as an existing structure. 4. Lot Coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed 45 percent if the primary dwelling is one-story or 35-percent if the primary dwelling is two-story, subject to subsection (F)(1)(C) above. 5. Minimum Open Space. No ADU subject to this subsection (F) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection (F)(1)(C) above. 6. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU. 7. Parking. A. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above. November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards B. Exceptions. No parking under subsection (F)(7)(A) is required in the following situations: 1. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) above. 2. The ADU is located within an architecturally and historically significant historic district. 3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(A) above. 4. When on-street parking permits are required but not offered to the occupant of the ADU. 5. When there is an established car share vehicle stop located within one block of the ADU. 6. When the permit application to create an ADU is submitted with an application to create a new single- family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(7)(B)(1) through (5) above. C. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off -street parking spaces are not required to be replaced. 8. Architectural Requirements. A. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. B. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. An attached ADU entrance must not be visible from the public right-of-way. C. The ADU may have an attached porch or covered entry way not exceeding 60 square feet in area and with a maximum depth of six (6) feet. D. All windows that are located nine (9) feet in height above the finished floor must be clerestory windows (no dormers) and must be frosted or obscure glass. E. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the City’s Fire Department. F. The ADU must have clear addresses visible from the street. Addresses must be at least 4 inches high and shall be shown on the curb next to the primary address number. G. No mezzanine or partial floor, including a loft, is allowed in an ADU. 9. Historical Protections. An ADU on a property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way. 10. Allowed Stories. No ADU subject to this subsection (F) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (E)(2)(D) of this section. G. Fees. The following requirements apply to all ADUs that are approved under subsections (D)(1) or (D)(2) above. 1. Impact Fees. 9102.05 – Downtown Zones 2-20 November 2016 A. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (G)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. B. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling). 2. Utility Fees. A. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. B. Except as described in subsection (G)(2)(A), converted ADUs on a single-family lot that are created under subsection (D)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. C. Except as described in subsection (G)(2)(A), all ADUs that are not covered by subsection (G)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. 1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. 2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service. H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. 1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. 2. Unpermitted ADUs and JADUs constructed before 2020 A. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds: 1. The ADU or JADU violates applicable building standards, or 2. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance Section 9102.01.080. B. Exceptions: 1. Notwithstanding subsection (H)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards 2. Subsection (H)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. 9102.05 – Downtown Zones 2-22 November 2016 9102.01.110 Permitted Projections in Multifamily Zones A. Permitted Architectural Projections in R-2, R-3, and R-3-R Zones. In multifamily zones, architectural and similar features may extend into required setback areas as identified in Table 2-7 (Permitted Projections and Encroachment into Required Setback Areas in Multifamily Zones). Table 2-7 Permitted Projections and Encroachment into Required Setback Areas in Multifamily Zones Architectural Feature Maximum Permitted Encroachment Distance into Required Setback Area R2, R-3, and R-3-R Zones Front Side Rear Awnings 18 inches -- 18 inches Balconies -- -- -- Bay windows, garden windows(1) 18 inches 18 inches 18 inches Chimneys 18 inches 18 inches 18 inches Cornices, belt courses, buttresses, pilasters, pillars, sills 12 inches -- -- Eaves 24 inches 24 inches 24 inches Trellis structures and patio covers -- -- -- Notes: (1) Bay windows, garden windows, and other similar architectural projections shall have a vertical distance of 30 inches or greater between the lowest surface of the projection and the finished floor. B. Permitted Mechanical Equipment Projections in Multifamily Residential Zones. Mechanical equipment shall not be located within any required front or side yard setback, and shall not be set back less than three feet from the rear lot line. Exception: Tankless water heaters and solar batteries may encroach 24 inches into any required interior side or rear yard provided that a minimum setback of four feet is maintained. November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards Section 9102.01.150 – Urban Lot Splits Purpose. The purpose of this section is to implement the provisions of Government Code section 66411.7 for urban lot splits in single- family residentially zoned properties (R-M. R-0, and R-1). Applicability. This section shall only apply to the extent that the City is required to ministerially approve urban lot splits under Government Code Section 66411.7. If Government Code section 66411.7 is repealed, determined to be unlawful or otherwise unenforceable, then this section shall only govern lots previously created through an urban lot split and no applicant for an urban lot split may claim any rights hereunder. The intent of this section is to only implement the requirements of Government Code S ection 66411.7, and this section shall not be construed to allow any greater rights to an urban lot split than the City is required to grant under state law. Definitions. 1. “City” means the City of Arcadia, California. 2. “Director” means the Development Services Director for the City or designee. 3. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15). 4. “Specific adverse impact” has the same meaning as in Government Code Section 65589.5(d)(2), which is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, polic ies, 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). 5. “Urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of Government Code Section 66411.7 and this section pursuant to a ministerial approval process. A. Requirements and Approval Authority 1. Only individual property owners may apply for an urban lot split. 2. The Director shall ministerially approve all applications for urban lot splits that are subject to approval. Such applications shall be approved or denied in accordance with subsection (B) below. Notwithstanding Division 5 of this Code, the parcel map shal l be approved by the Director, and these decisions shall be final. The Director shall not waive the requirement to submit a tentat ive parcel map for an urban lot split. 3. An application and tentative parcel map 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 30 days after the application is submitted. The City’s application form shall, at a minimum, require the applicant to submit the following: a. Evidence that the applicant is an individual property owner of the lot to be split. b. A signed affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. c. Proof that none of the circumstances set forth in Subsections (B)(3)(f) & (g) are present. d. Proof that the lot to be split was not established through a prior urban lot split under this section. e. Proof of any inspections required under Subsection (B)(3)(d). f. If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the past three years. 9102.05 – Downtown Zones 2-24 November 2016 4. The tentative parcel map may not be recorded until the final parcel map has been approved ministerially by the Director. The owner must demonstrate that the required documents have been recorded, such as deed restriction and easements. The tentative parcel map expires six months after the approval. No extension shall be granted. 5. The application fee for an urban lot split will be the same as the City’s Lot Line Adjustment fee within the approved Fee Schedule. This fee may be changed from time to time by the City Council, in accordance with applicable law. B. Requirements; Grounds for Denial 1. Objective Development Standards for Urban Lot Split . An urban lot split, and any development of a parcel created from an urban lot split, shall comply with all requirements of this Chapter, all objective development standards set forth in this Co de or otherwise established by the City, and all other City requirements that are not in conflict with Government Code Section 66411.7. a. The new lot line must be at a straight line starting from the front property line to the rear property line, or side if it is a corner lot. There shall be no curve or angles when subdividing the lot. 2. Subdivision Standards. a. Except as otherwise expressly provided in this section, an urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code section 66410 et. seq.) and Division 5 of Article IX (Subdivisions) of this Code. b. No dedication of rights-of-way or construction of offsite improvements shall be required for an urban lot split, except for those necessary to complete standard sidewalk, parkway, and/or drainage improvements directly associated with the subject property. To the extent that dedication of rights-of-way or construction of offsite improvements are necessary to avoid a specific adverse impact, the application shall be subject to denial. 3. Denial. The Director shall deny an application for an urban lot split if any of the following are true: a. Development and Subdivision Standards. The lot to be split does not satisfy the requirements of subsections (B)(1) or (B)(2) above or (C) below. b. Zone. The lot to be split is not zoned for single family residential uses. c. Lot Location. The lot to be split does not satisfy the requirements of Government Code Section 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C).) d. Inspection i. For lots within a high fire hazard severity zone, the application does not include proof of an inspection confirming full compliance with all fire-hazard mitigation measures required by state statutes. The inspection shall be conducted by the City’s fire marshal or person authorized by the City to perform building inspections. ii. For lots within a delineated earthquake fault zone, the application does not include proof of full compliance with applicable seismic protection building code standards. e. Historic i. The lot to be split is a historic property or within a historic district that is included on the State Historic Resources Inventory. ii. The lot to be split is within a site that is designated by ordinance as a city landmark, is considered a local historic property or resource, or is located within a local historic district. f. Prior Urban Lot Split. i. The lot to be split was established through a prior urban lot split. ii. The lot to be split is adjacent to a lot that was established through a prior urban lot split by the November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards owner of the lot to be split or by any person acting in concert with the owner. g. Impact on Protected Housing. The urban lot split requires or includes the demolition or alteration of any of the following types of housing: i. Housing that is income-restricted for households of moderate, low, or very low income. ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. iv. Housing that has been occupied by a tenant in the last three years. h. Lot Size i. The lot to be split is smaller than 2,400 square feet. ii. Either or both of the resulting lots are less than 1,200 square feet. iii. Either of the resulting lots is more than 60% or less than 40% of the original lot area. i. Easements. The applicant does not convey all easements required for the provision of public services and facilities. j. Specific Adverse Impacts. If the Director 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. k. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code Section 66411.7, initiative or referendum, court decision or any circumstance in which Section 66411.7 does not obligate the ministerial approval of an urban lot split or if for any reason the Director is not required to ministerially approve an urban lot split. To the extent that approval of an urban lot split is considered a municipal affair of a charter city, the intent of this section is that the Director shall deny an urban lot split notwithstanding any state statute to the contrary. C. Standards Specific to Urban Lot Splits The following development standards shall apply to urban lot splits approved under this section. In the event of a conflict b etween this subsection and any other development standard contained outside of the Development Code, this subsection shall govern. 1. Lot Access. Each resulting lot must adjoin the public right-of-way with no more than 60% of the original frontage and no less than 40% of the original frontage of the lot. 2. Unit Quantity. No more than two units of any kind are permitted on any lot created by an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to an ADU, or a JADU. 3. Unit Size. Notwithstanding Section 9102.01 for Single-Family Residential Zones: a. The total floor area of each residential unit developed on a lot created by an urban lot split must be less than or equal to 800 square feet and at least 500 square feet. b. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet in floor area may remain as its lawful floor area and structural footprint at the time of the urban lot split. c. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet in floo r area may be expanded to 800 square feet in floor area after the urban lot split. 9102.05 – Downtown Zones 2-26 November 2016 d. The unit size shall comply with the setbacks, height, parking, and other applicable standards in Section 9102.01.160 for Two-Unit Units Projects approved under an urban lot split. 4. Objective Development Standards and Other Regulations. Units built following an Urban Lot Split shall comply with the setbacks, height, FAR and lot coverage, and parking requirements found in Section 9102.01.160(C), all objective development standards found in Section 9102.01.160(F), and the City’s Tree Ordinance as provided in Division 10 of this Code. . 5. Utilities. a. Each dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. For each dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. This section shall not be interpreted to allow an onsite wastewater treatment system where connection to a sewer system is available or required. D. Fire-Hazard Mitigation Measures. A site in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures: 1. Emergency access and water supply requirements shall comply with the California Code of Regulations Title 14 and Title 24, Pa rt 9. 2. All new structures on the site must comply with current building code standards for dwellings in a very high fire hazard seve rity zone. E. Separate Conveyance 1. Within a resulting lot: a. Dwelling units on a single 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 must be held equally and undivided by all individual property owners. 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 purpo ses 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 conditions, covenants, restrictions, easements or other documentation that is necessary to allocate risk and responsibility between the owners of the two lots. F. Restriction of Uses. 1. Residential-only. No non-residential use is permitted on any lot created by urban lot split. 2. No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 28 30 days. 3. Owner Occupancy Affidavit. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years af ter the urban lot split is approved. G. Deed Restriction. November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards 1. The owner must record a deed restriction for the benefit of the City, in a form acceptable to the Director and the City Attorney, that does each of the following: a. Gives notice that the parcel was created through an urban lot split. b. Gives notice of any site limitations resulting from the urban lot split. c. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter. d. Expressly prohibits any rental of any dwelling on the property for a period of less than 28 30 days. e. Expressly prohibits any non-residential use of the lots created by the urban lot split. f. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. g. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions. h. Provides a statement of intent to occupy a unit for a period of three years. The Director shall not issue a building permit for development on any lot created through an urban lot split unless the applicant provides a recorded copy of a deed restriction that satisfies the provisions above. 9102.05 – Downtown Zones 2-28 November 2016 9102.05.030 Development Standards in Downtown Zones Amended by Ord. No. 2356 Amended by Ord. No. 2400 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 2-10 (Allowed Uses and Permit Requirements for Downtown Zones) and Table 2-11 (Development Standards for Downtown Zones) and the development standards in Division 3 (Regulations Applicable to All Zones – Site Planning and General Development Standards). Additional regulations are denoted in the right- hand column of Table 2-11 (Development Standards for Downtown Zones); section and subsection numbers in this column refer to other sections and subsections of this Code. Side (Interior) Abutting nonresidential or mixed-use zone 0 ft 0 ft 0 ft 0 ft Abutting residential zone 10 ft 10 ft 10 ft 10 ft Side (Street side) 0 ft (10 ft maximum) 0 ft (10 ft maximum) 0 ft (10 ft maximum) 5 ft See Note (4) below Rear Table 2-11 Development Standards for Downtown Zones Development Feature CBD(1) MU DMU(1) CM Additional Requirements Lot Standards Minimum Lot Area 5,000 sf 5,000 sf 10,000 sf 5,000 sf Structure Form and Location Standards Maximum Residential Density 80 units/acre 50 units/acre 80 units/acre Residential not allowed except for parcels with a DMU or RF Overlay See Note (3) below Minimum Residential Density 40 units/acre 20 units/acre 20 units/acre Accommodate a minimum of 16 units per site. Maximum FAR (2) 1.0 1.0 1.0 0.5 Minimum Storefront Width 25 ft N/A N/A N/A Minimum Setback Front or adjacent to a street 0 ft (10 ft maximum) 0 ft (10 ft maximum) 0 ft (10 ft maximum) 10 ft See Note (4) below November 2016 2-19 Division 2 – Zones/Allowable Uses/Development Standards Abutting Nonresidential or Downtown zone 0 ft 0 ft 0 ft 0 ft Abutting residential zone 20 ft 15 ft 15 ft 10 ft Maximum Height 60 ft 40 ft 60 ft 40 ft Minimum Open Space for Residential Uses 100 sf per unit 100 sf per unit 100 sf per unit N/A See Subsection 9102.05.040.D (Open Space Requirements for Residential Uses in CBD, MU, and DMU Zones) Notes: (1) See City Center Design Plan for additional design guidelines. (2) FAR maximum is applicable only to nonresidential component of a development. (3) Utilize DMU Zone development standards for a residential project located on a C-M zoned parcel within the DMU Overlay area and use the RF Development standards for a residential project located on a C-M zoned parcel within the RF Overlay area. (4) Where a property in the C-M Zone fronts First Avenue, the front setback shall be 0 ft (10 ft maximum) and the side (street side) setback shall be 0 ft (5 ft maximum). 9102.11 –Overlay Zones 2-30 November 2016 9102.11.030 DTP - Downtown Parking Overlay Zone Amended by Ord. No. 2375 A. Purpose and Intent. The Downtown Parking Overlay Zone, indicated on the Zoning Map as “DTP,” is intended to provide opportunities for economic development within the Downtown area through shared parking mechanisms and the reduction in certain parking requirements. B. Located Onsite. All required surface parking spaces shall be provided in a surface lot or parking garage located on the same building site or within the same development, except where allowed by Section 9102.11.030.C (Off-Site Parking), below. C. Off-Site Parking. Off-site parking for new uses or new nonresidential construction may be permitted on either a privately owned property or public property through the Site Plan and Design Review process or other applicable discretionary review permit process for an individual use or development project, subject to Section 9103.07.090 and the following regulations: 1. Location of Off-Site Parking. An off-site parking facility serving a use within the Downtown Parking Overlay Zone shall be located within the Downtown Parking Overlay Zone. 2. Irrevocable Access and/or Parking Easement. If parking is provided at an off-site location, an irrevocable access and/or parking easement shall be obtained on the other site for use and benefit of the site in issue. Such access and/or parking agreement, when fully exercised, shall not diminish the available parking capacity of the site subject to the easement to less than required by this Chapter. D. Change in Use. No additional parking is required when there is a change in use within the Downtown Parking Overlay Zone. This requirement does not apply to any development that was previously approved under a Conditional Use Permit or Minor Use Permit. E. Parking Modifications for New Structures and Expansions. Property owners in the Downtown Parking Overlay Area may request an Administrative Modification to reduce the required off-street parking requirement, pursuant to Section 9107.05 (Administrative Modifications). F. Elimination of Parking Minimums – No minimum off-street parking spaces shall be required for an expansion to an existing commercial use that is 3,000 square feet or less on a property that is zoned Central Business District (CBD) and within 150 feet from the City’s public parking lot. The distance shall be measured from property lines to property lines. Any addition that is more than 3,000 square feet, may request an Administrative Modification under Subsection 9102.11.030(E) and shall not rely on the City’s parking supply, or make an in lieu payment pursuant to the requirements in Section 9103.07.090 (Shared/Joint Use, Off-Site Parking, and In-Lieu Parking). November 2016 2-31 Division 2 – Zones/Allowable Uses/Development Standards 9102.11.050 RF Residential Flex Overlay Zone Amended by Ord. No. 2400 A. Purpose and Intent. The Residential-Flex “RF” Overlay Zone is established to provide for greater flexibility in land use planning and to maximize the housing types and styles at a more affordable price range than may be possible under the strict application of other sections of this Division. The RF Overlay Zone provides the option to build a residential project in a commercial zone. Given the state of commercial development throughout the City and region, there are locations that may benefit from this flexibility; also, a residential project may serve as a catalyst for other types of development in the surrounding area. The RF Overlay Zone is intended to maintain compatibility between residential and non-residential uses on adjacent lots through development standards and design guidelines. The standards in this section are applicable to stand-alone residential projects only; all other projects are subject to the requirements of the underlying zoning designation. B. Allowed Uses. In addition to the land use regulations of the underlying zone, allow residential developments by-right when 20 percent or more of the units are affordable to lower income households on sites identified as part of the Residential Flex Overlay Zone. By-right development will not require a CUP, planned unit development p ermit, or other discretionary review or approval except for the City’s Subdivision requirements and Objective Development Standards. Refer to Section 9103.15.030 of the Code for additional incentives and concessions for affordable housing development. C. Development Standards. 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 2-15 (Development Standards for Residential Flex Overlay Zone) and the development standards in Division 3 (Regulations Applicable to All Zones – Site Planning and General Development Standards). Additional regulations are denoted in the right hand column of Table 2-15 (Development Standards for Residential Flex Overlay Zone). Table 2-15 Development Standards for Residential Flex Overlay Zones Development Feature Live Oak Las Tunas Commercial General (CG)2 Additional Requirements Structure Form and Location Standards Maximum Height 60 ft See Subsection 9103.01.050 (Height Measurements and Exceptions) Residential Density Maximum 50 units/acre Minimum 30 units/acre Minimum Setbacks (1) Front or adjacent to a street 10 ft Side (interior) 10 ft Side (Street side) 10 ft Rear 10 ft 9102.11 –Overlay Zones 2-32 November 2016 Table 2-15 Development Standards for Residential Flex Overlay Zone Development Feature R-F Additional Requirements Structure Form and Location Standards Distance between Structures – Minimum 6 ft Or as may otherwise be required by the Fire Code Minimum Open Space for Residential Uses 100 sf per unit See Subsection 9102.11.050.F (Open Space) Notes: (1) Refer to Section H for additional setback provisions. (2) Residential units are permissible if affordable units are provided per the City’s Density Bonus requirements (Section 9103.15). Properties within the CG zone with a Residential Flex Overlay may only be developed with residential uses if identified in the available sites list within the 6thCycle Housing Element Update on file in the Development Services Department. A property within the CG Zone, but which is not listed in the available sites list, may be consolidated with an adjacent lot/s identified in the available sites list where all properties are under the same ownership. Consolidation of a site not on the available sites list will be subject to a Site Plan and Design Review – Director (Minor Review) (Section 9107.19.030). D. No Parking within Front and/or Street Side Setbacks. No parking shall be allowed within required front and/or street side setbacks, or within any landscaped area not designated as a driveway or vehicle parking area. E. Parking Requirements. New residential development in the R-F Overlay Zones shall require a minimum of 1 space per studio unit and 1.5 spaces per unit. Unless parking reductions or modifications are allowed in compliance with provisions identified, parking spaces shall be provided in compliance with Table 3-3 (Off-Street Parking Requirements: Residential Uses). F. Laundry Facilities. If an area for installation of laundry facilities is not provided in every unit, a common laundry area shall be provided with a minimum of one washer and one dryer for each eight units. The common laundry area shall be centrally located to the units served. G. Open Space 1. Type. Open space shall be in the form of private or common open space via balconies, courtyards, at-grade patios (rear and side of the units), rooftop gardens, or terraces. 2. Minimum Dimension. Balconies that are 30 inches or less in width or depth shall not be counted as open space. 3. Encroachment. Balconies that project over a public right-of-way shall be subject to approval by the City Engineer. H. Special Setback and Stepback Requirements. The purpose and intent of this section is to provide minimum standards for property line setbacks and building stepbacks in cases where existing residential development is adjacent to new construction within the RF Overlay to protect adjacent residential neighborhood integrity and character. These special requirements apply to residential uses that were in existence at the time of adoption of these special provisions. The following standard s shall apply: 1. Adjacent to Existing Residential a. 10-foot minimum building setback from property line (See “A” in Figure 2-B) b. 3-foot minimum building stepback for building heights greater than 30-feet (See “B” and “C” In Figure 2-B), when significant adjacent view impacts can be demonstrated. c. Appropriate planting, trees or other natural materials shall be provided within the view plane of adjacent residential uses. November 2016 2-87 Division 2 – Zones/Allowable Uses/Development Standards i. All plantings or other natural materials shall be at full maturity within 1 year of installation and shall be maintained in a manner that preserves its natural state. ii. Planting materials shall be primarily evergreen and shall limit shedding or loss of leaves during winter months. iii. Deciduous trees and plantings shall be limited in a manner that does not demonstrably impact the screening from adjacent properties. 2. Exceptions. Special exceptions may be granted to setback, stepback and screening requirements through the processing of a modification application if the following can be demonstrated by the project applicant. All exception requests shall be subject to the provisions of the City’s adopted Objective Design Standards. a. The setback standards preclude the applicant from reaching minimum densities and can be demonstrated conclusively by the applicant b. The standards preclude the development of affordable housing units and can be demonstrated conclusively by the applicant. c. Unique site conditions or factors that may preclude the ability to comply with setback standard and/or the installation of landscape screening. Figure 2-B: Setback and Step Back Provisions I. Design Review 1. Applicability. Structures erected or modified to accommodate the land uses allowed by this Section shall require the approval of a Site Plan and Design Review subject to the requirements of Section 9107.19 (Site Plan and Design Review) of this Development Code. 2. Design Review Criteria. The project design shall be compatible with the scale and quality of development within the underlying zone and surrounding area. In conducting a review of projects subject to the requirements of this Section, the Review Authority may utilize design guidelines/criteria that have been adopted by the City in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the underlying zone. Existing land uses shall be considered in the review of projects utilizing the the Residential Flex Overlay Zone. Neighborhood Serving Retail, such as supermarkets/ grocery stores shall be retained and integrated 9102.11 –Overlay Zones 2-34 November 2016 into new projects to the extent feasible to maintain commercial retail and services to serve the needs of the local and surrounding community.