18.38.255   TWO-UNIT DEVELOPMENT AND URBAN LOT SPLIT.
   .010   Purpose. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that Two-Unit Developments and Urban Lot Splits provide for a valuable form of housing in California. It is the intent of the City to permit Two-Unit Developments and Urban Lot Splits in all areas zoned to allow single-family residential uses, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments.
   .020   Definitions. For the purposes of this Section, the following words, terms, and phrases shall have the following meanings:
      .0201   “Tenant.” A tenant, subtenant, lessee, sublessee, or any person other than the owner of record entitled to use or occupy a rental unit.
      .0202   “Two-Unit Development.” Refer to “Dwelling, Two-Unit Development” in Chapter 18.36 (Types of Uses).
      .0203   “Unit.” Any dwelling unit, including, but not limited to, an Accessory Dwelling Unit, Accessory Dwelling Unit–Junior, a Dwellings-Single Family Detached, or a unit created pursuant to a Two-Unit Development.
      .0204   “Urban Lot Split” Refer to Section 17.08.048 (Urban Lot Split Defined)
   .030   Density Provisions. A Two-Unit Development that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established, as set forth by the existing general plan and zoning designations for the lot.
   .040   Prohibited Locations. The provisions of Government Code Section 65852.21 and 66411.1 shall apply as the same may be amended from time to time. A lot shall not be eligible for a Two-Unit Development or an Urban Lot Split if the lot is subject to any of the following:
      .0401   Affordable Housing. The lot 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.
      .0402   Tenant Occupancy. The lot has been occupied by a tenant in the last three years.
      .0403   Rental Termination. The owner(s) of the lot have exercised Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw the lot from rent or lease within 15 years.
      .0404   Hazardous Waste Site. The lot is designated as a hazardous waste site pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code. This does not apply to lots cleared for residential use by the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control.
      .0405   Natural Community Conservation Planning Act (NCCP). The lot is identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
      .0406   Conservation Easement. The lot is under a conservation easement.
      .0407   Historic District. The lot is located within a historic district identified by the City of Anaheim, or includes a building listed in the National Register of Historic Place or the California Register of Historic Places.
   .045   Prohibited with Exceptions. The provisions of Government Code Section 65852.21 and 66411.1 shall apply as the same may be amended from time to time. A lot shall not be eligible for a Two-Unit Development or an Urban Lot Split in the following areas unless the lot complies with the exceptions specified in the paragraphs below:
      .0451   Very High Fire Severity Zone. The lot is located in a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does not apply to lots excluded from the specified hazard zones by the City of Anaheim, pursuant to subdivision (b) of Section 51179, or lots that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
      .0452   Earthquake Fault Zone. The lot is located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. This shall not apply if the lot complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and any additional requirements from the City of Anaheim, as allowed under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
      .0453   Special Flood Hazard Zone. The lot is located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. This shall not apply if the lot complies with all applicable federal qualifying criteria. A development may be located on a lot described in this subsection if either of the following are met:
         (a)   The lot has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City of Anaheim.
         (b)   The lot meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
      .0454   Regulatory Floodway. The lot is located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. This shall not apply if the lot provides a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
   .050   Two-Unit Development. The following standards shall apply to Two-Unit Developments.
Table 38-C: Two-Unit Development – Development Standards
Table 38-C: Two-Unit Development – Development Standards
Required Zoning Designation
Only permitted within a Single-Family Zone or within specific plan development area implementing a Single-Family Zone. Refer to the Primary Use Table of the implementing zone.
Maximum Number of Units
2 (two) units developed in accordance with Table 38-C of this section.
Minimum Unit Size
400 square feet.
Maximum Unit Size
800 square feet.
Lot Coverage
Not Applicable.
Structural Setbacks
Front: Underlying Zone
Side: 4 feet
Rear: 4 feet
Structural Height
Attached to existing main dwelling
The standards of the underlying zone shall apply.
Detached or new construction
The maximum height is 16 feet or the height of the main dwelling unit; whichever is greater.
At the discretion of the Planning and Building Director, additional building height may be permitted up to the height limit of the underlying zone if an applicant can demonstrate that additional height is necessary to construct an 800 square foot unit.
Building Separation
Attached
Not applicable.
Detached
10 feet.
Access
Must have independent entrance from the exterior.
Minimum Parking Requirement
Subject to Section 18.42.030 (Residential Parking Requirements)
Conversion of Existing Structure
Conversion of legally established structures or conversions of space not previously legally established for habitable space shall be permitted. A legally established structure may be demolished and rebuilt without additional structural setbacks when located in the same location and to the same dimension as the existing structure. Additions to the existing structure shall comply with the requirements of this section.
General Development Standards
Unless otherwise indicated in this Section, the standards of the underlying zone shall apply.
 
      .0501   Utility Services. The Two-Unit Development may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. For new construction, a separate utility connection may be required directly between the new dwelling unit and the utility.
      .0502   Nonconformities. A lot that implements this subsection is subject to the requirements of Section 18.56 (Nonconformities).
      .0503   Building Design. Building facades shall include articulation along street frontages by using color, arrangement of façade elements, a change in materials, or other architectural devices. Buildings shall conform to the following design standards:
         (a)   On a site already developed with an existing residential unit, the new unit shall be constructed using the same architectural style.
         (b)   If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style.
         (c)   Upper story windows located within 10 feet of an interior property line that face or overlook an adjoining property shall be installed a minimum of 72 inches above finish floor, or installed with obscure glass. Upper story doors shall be located on building walls facing the other on-site unit.
      .0504   Accessory Structures. Accessory structures shall comply with the development standards of the underlying zone.
      .0505   Issuance or Denial of Permit. If the Planning and Building Director determines that all provisions of this section are, or will be, complied with, and all other necessary permits have been obtained, a permit shall be issued; otherwise, the application shall be denied following the issuance of written findings by the Planning and Building Director.
         (a)   A Two-Unit Development shall not be approved on a lot located in an area of the City identified by resolution of the City Council to be an area with insufficient sewer infrastructure and the Building Official, issues written findings that the Two-Unit Development will result in a specific, adverse impact to the public health and safety or the physical environment and there is no feasible method to mitigate or avoid the specific, adverse impact.
   .060   Urban Lot Split. The following standards shall apply to an Urban Lot Split.
Table 38-D: Urban Lot Split – Development Standards
Table 38-D: Urban Lot Split – Development Standards
Required Zoning Designation
Only permitted within a Single-Family Zone or within specific plan development area implementing a Single-Family Zone. Refer to the Primary Use Table of the implementing zone.
Minimum Lot Size
The existing lot, prior to an Urban Lot Split, shall be no less than 3,000 square feet; and
The size of the new lot shall be at least 40% of the existing lot, prior to the Urban Lot Split.
Lot Frontage
All lots shall have frontage directly onto a public or private street, excluding alleys.
Lot Width
All lots shall have a minimum lot width of 25 feet abutting a street.
Structural Setbacks
No setbacks are required for a legally permitted existing structure.
Ownership and Occupancy
The owner of record of the original property shall occupy one of the lots as their principal residence for a minimum of three years from the date of approval of the Urban Lot Split.
The property owner shall execute a covenant setting forth the Ownership and Occupancy Requirement, in a form satisfactory to the Planning and Building Department and City Attorney's Office, which shall be recorded in the office of the Orange County Recorder, that includes the following:
This requirement shall not apply to a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a “qualified nonprofit corporation,” as described in Section 214.15 of the Revenue and Taxation Code.
Maximum Number of Units
2 (two) units developed in accordance with this section.
A lot that implements the provisions of the Urban Lot Split shall not be eligible for more than two units.
New Units
All new units developed after the implementation of an Urban Lot Split shall comply with the requirements of Subsection .050 (Two Unit Development) of this Section.
Permitted Uses
A lot created by this section shall be limited to residential uses.
General Development Standards
Unless otherwise indicated in this Section, the standards of the underlying zone shall apply.
 
      .0601   Nonconformities. The correction of nonconforming zoning conditions shall not be required as a condition of approval.
      .0602   Previous Urban Lot Split. A lot shall not be eligible for an Urban Lot Split if it was previously established through prior exercise of an Urban Lot Split, as provided for in this subsection.
      .0603   Adjacent Lots. A lot shall not be eligible for an Urban Lot Split if the owner of the lot being subdivided, or any person acting in concert with the owner, has previously subdivided an adjacent lot via an Urban Lot Split, pursuant to this subsection.
      .0604   Easements. A lot may be required to provide easements for the provisions of public services and facilities, as determined by the City of Anaheim.
      .0605   Utility Services. Each lot must have a separate utility connection.
      .0606   Building Permit. A building permit shall not be issued until the parcel map records for a property implementing this section.
      .0607   Application. An application for an Urban Lot Split shall be processed in accordance with Chapter 18.62 (Administrative Reviews).
   .070   Accessory Dwelling Units. Accessory Dwelling Units are not permitted on lots that implement the provisions of this section.
   .080   Rental Terms. Any unit created pursuant to this section shall require rental for a term longer than 30 days.
   .090   Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission as a “Reports and Recommendations” item, and determined by resolution.
   .100   Reporting Requirements. The City of Anaheim shall include the number of applications for Two-Unit Developments and Urban Lot Splits pursuant to this subsection in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400 of the California Government Code. (Ord. 6524 § 13; January 25, 2022.)