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A temporary dwelling unit permit may be issued by the Director pursuant to Chapter 19.22.040 to allow a temporary dwelling facility, including a detached mobile or manufactured home which is nonmotorized and not permanently attached to a foundation, to be placed on a legal parcel in all residential zoning districts for the purpose of caring for an ill, convalescent, or otherwise disabled relative or friend, subject to the following:
A. A temporary dwelling facility shall only be allowed on a parcel with an existing main dwelling.
B. Occupancy of the temporary unit shall be limited to a close relative or friend of the occupants of the main dwelling. No more than two people may occupy the temporary unit.
C. No rent shall be charged to the occupants of the temporary unit.
D. The temporary unit shall be no larger than one bedroom and 640 square feet.
E. The temporary unit shall provide complete independent living facilities, including provisions for cooking, eating, living, sleeping, and sanitation, unless otherwise approved by the Director.
F. The initial term of the permit shall be for one year. After the first year, the Director may authorize one year extensions upon verification that the approved occupants continue to reside on the premises in a manner which necessitates extended use of the temporary unit, and upon determining that use of the temporary unit continues to meet the purpose and criteria of this section.
G. The temporary unit shall be connected to the sanitary sewer system.
H. The temporary unit, authorized in compliance with this section, shall not be considered a separate residential unit for the purpose of calculating development impact fees, including park fees and sewer system connection fees, and determining off-street parking requirements.
I. The temporary unit shall be subject to setback requirements for an accessory structure, except that the Director may require additional site requirements when necessary to mitigate any identified adverse impacts upon neighboring residents.
J. The temporary dwelling unit permit shall expire immediately if the persons requiring care for any reason cease to reside in the temporary dwelling. Following expiration, the temporary dwelling facility shall be removed within 120 days.
(Ord. 2185, Ord. 2494 §56)
A. Purpose. The purpose of these regulations is to implement General Plan goals of encouraging infill development, while also preserving the privacy of existing residences and the character of the neighborhoods where such lots are created. It is the intent of these regulations to (1) limit the number of flag lots which can be created where a series of similarly-sized large lots could be subdivided with flag lots, thereby significantly raising the density and changing the character of an existing neighborhood, and (2) provide standards for the development of such lots in addition to those which would otherwise apply. Properties suitable for flag lot subdivisions should be larger than average for the neighborhood, and/or of a unique configuration. Retention of existing older housing stock is strongly encouraged in flag lot subdivisions. These regulations are intended to provide greater certainty for both developers and neighbors, and are intended to supplement, not supersede, the flag lot regulations contained in Title 18R.
B. Applicability. For purposes of this section, infill residential flag lots are defined as flag lots created after the adoption of this section which are located in the RS, R1 or R2 zoning districts and which abut existing single-family development. Existing single- family development is defined as one or more residentially zoned lots already developed with single-family dwellings at the time that the parcel map or tentative subdivision map approving the creation of the flag lot is approved and which are not a part of the subdivision which creates the flag lot.
C. Standards. Infill residential flag lots are allowed in the RS, R1 and R2 zoning districts through a parcel map or tentative subdivision map by the Planning Commission when they comply with the standards in this section, in addition to any other applicable City standards:
1. Limitation on Number of Infill Residential Flag Lots. To avoid an over- concentration of infill residential flag lots in any one neighborhood, infill residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than 10 percent of the number of lots in the immediate neighborhood. Lots in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within 300 feet of the proposed subdivision.
2. Size of Infill Residential Flag Lots. Infill residential flag lots shall be no smaller than the smallest conforming lot in the same zoning district lying wholly or partially within 300 feet of a proposed subdivision, or the minimum flag lot size as required in Chapter 18R.08, whichever is larger. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.
3. Single Story Limitation. New residential units and accessory structures on an infill residential flag lot shall be limited to a single story, no more than 25 feet in height, unless there is existing two-story construction on one or more residentially-zoned lots adjacent to the infill residential flag lot.
4. Site Design and Architectural Review. Residential units and detached accessory structures greater than 120 square feet in size on infill residential flag lots shall be subject to administrative site design and architectural review (Chapter 19.18). Such review shall take into account all applicable standards and design guidelines.
5. Orientation. Each residential unit built on an infill residential flag lot shall be oriented toward either the street or the accessway.
6. Setbacks From Neighboring Properties. Where an infill residential flag lot abuts existing single-family development, the building setbacks established below shall supersede the standard setbacks for the R1 and R2 zoning districts. Setbacks in the RS zoning district shall be the greater of the standard RS district setbacks, or the setbacks established in Table 5-14 below:
Type of Structure | Setback Required |
Residential unit, first story | 15 feet |
Residential unit, second story | 20 feet |
Detached garage, gazebo, greenhouse, patio cover | 10 feet |
Other Accessory Structures | See 19.76.020 |
7. Accessway. A minimum of three feet of landscaping shall be provided between the paved portion of the accessway and any adjacent existing single- family residential development. Drainage from the paved portion of the accessway shall be accommodated onsite. Minimum accessway widths shall be as specified in Title 18R.
D. Planned Development Permit Required if Standards Not Met. The creation and development of infill residential flag lots which do not meet all standards listed above may be allowed with approval of a planned development permit (Chapter 19.28).
(Ord. 2363 §3, Ord. 2494 §57, Ord. 2511, Ord. 2549, §10, Ord. 2580, §16, Ord. 2600)
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), community gardens shall comply with the following standards:
A. Operation and Maintenance.
1. Hours of operation shall be limited to between two hours before sunrise and two hours after sunset.
2. All plots shall be maintained to manage and remove all rotting produce, pest infestations, and diseases. This provision shall not apply to on-site composting areas.
3. The garden shall be designed and maintained so that water and fertilizer will not drain onto adjacent property.
4. All improvements and activities associated with the community garden shall comply with all federal, state, and local laws and regulations, including, but not limited to, the federal Americans with Disabilities Act (ADA) and the water conservation measures of state Assembly Bill 1881.
5. Planting illegal or invasive plants, including marijuana, is prohibited.
6. Animal keeping may be allowed when monitored at all times in compliance with Section 19.76.040.
B. Responsible Party. The property owner, or an agent appointed by the property owner, shall be responsible for preventing, correcting and eliminating all nuisances associated with the use including any nuisances due to lighting, odors, noise, or animal keeping.
C. Permitted Buildings and Structures.
1. The combined area of all buildings shall not exceed 15 percent of the garden.
2. Only the following buildings or structures shall be permitted on the site:
a. Up to two storage sheds of no more than 120 square feet each;
b. Up to two greenhouses of no more than 120 square feet each for plant cultivation; and
c. Benches, bike racks, picnic tables, fences, and garden art;
d. Raised/accessible planting beds, rain barrel systems, compost or waste bins, and seasonal farm stands.
e. Other types of structures may be allowed if approved by the Director.
D. Parking. A minimum of two vehicle parking spaces shall be provided on the lot when there is no on-street parking allowed adjacent to the site. All gardens shall provide parking for at least two bicycles.
E. Composting. Composting biomass waste within a contained area on site is allowed subject to all of the following:
1. Composted materials shall be only those materials generated onsite or contributed by active members of the community garden.
2. Composting areas shall be located at least five feet from property lines.
3. Odors and fly-breeding shall not create a nuisance nor be greater than customarily found at a well-maintained residence.
F. Trash/Recycling Receptacles. Trash and recycling receptacles shall be provided onsite and screened from adjacent properties by six-foot high solid fencing. Refuse shall be removed from the site regularly to keep the receptacle area and the lot free from litter.
G. Fencing. Fences for community gardens shall be at least fifty percent view- permeable, shall not obstruct the sight distance area, nor exceed six feet in height. Compliant fences may exceed the standard height limits for the front yard area, as established in Section 19.60.060.
H. Accessory Sales of Produce and Plants. Produce or plants raised on the site may be sold on-site as an accessory use to the primary community garden use and in compliance with Chapter 19.20 (Home Occupation Permits).
(Ord. 2440 §57)
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), all businesses established or expanded after the adoption of this regulation which sell alcohol as a significant component of the use, including Alcoholic Beverage Establishments, Liquor Stores - Limited Hours, Liquor Stores, Manufacturer Taprooms, Restaurants with Full Bar - Limited Hours, and Restaurants with Full Bar, shall be operated in compliance with the following standards:
A. All servers shall complete responsible beverage service (RBS) training no later than 60 days after the date of hire.
B. The business shall provide sufficient staff to control any queue which forms outside the businesses. The queue shall be managed to allow free passage on sidewalks adjacent to the business at all times.
C. The business shall take action to prevent nuisance activities associated with the sale of alcohol, including: disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
D. The exterior of the business, including the adjacent right-of-way, shall be kept clean. Any litter, detritus, or other mess outside the business shall be cleaned promptly by the business, in no case later than 9 a.m. the following morning.
E. Any music being played outside the business shall comply with the City's noise ordinance.
F. The business shall comply with all applicable federal, state, and local laws.
G. The sale and service of alcohol shall be subject to special restrictions on certain days and at certain times of the year as determined and set forth by council resolution.
H. Alcoholic beverages to be consumed on-site shall be served in standard sizes that are consistent with the industry.
(Ord. 2461 §6, Ord. 2504 §6, Ord. 2600)
A. Purpose. The purpose of the disaster recovery structure permit process is to allow for:
1. The expedient response to the immediate need for temporary housing of evacuees and displaced persons of the Camp Fire, and individuals supporting the response effort to the Camp Fire; and
2. The temporary installation, use and/or expansion of nonresidential structures (e.g., temporary private school classrooms, temporary commercial buildings, etc.) to address the needs of evacuees and displaced persons of the Camp Fire, and individuals supporting the response effort to the Camp Fire.
B. Permit Required.
1. A permit may be issued by the Director pursuant to this chapter to allow for installation and use of temporary dwelling structures and temporary nonresidential structures.
2. A permit issued under this chapter shall be for up to a maximum of five (5) years, upon the request of the applicant and property owner, and upon determination by the Community Development Director. The applicant may seek an extension of a permit term, however, such extension shall not extend the term of use beyond five (5) years or by April 16, 2024.
3. Temporary disaster recovery structures may include use of manufactured or modular homes, manufactured or modular structures, or recreational vehicles. This chapter allows the use of existing structures, or the installation of manufactured or modular homes, manufactured or modular structures, or recreational vehicles as described herein. The Building Official and Fire Marshal shall determine compliance with the California Building Standards and may approve or deny any building permit accordingly.
4. Residential Purpose. Permits for temporary disaster recovery structures to be used for residential purposes shall be issued for legal parcels only in residential, commercial, and industrial zoning districts, or other alternative zones (PQ, Public/Quasi Public Facilities; OS2, Secondary Open Space) deemed appropriate. Permits for housing may be issued for new or existing structures.
5. Non-Residential Purpose. Permits for temporary disaster recovery structures to be used for non-residential purposes may be issued in commercial and industrial zoning districts, on sites presently used or approved for assembly use (e.g., churches) or other alternative zones (PQ, Public/Quasi Public Facilities; OS2, Secondary Open Space) deemed appropriate.
C. Development Standards. The following development standards shall apply to all temporary dwelling structures:
1. Temporary disaster recovery structures shall be subject to the following:
a. The California Building Standards Code. All requirements under the California Building Standards Code shall be complied with unless otherwise exempted or excepted. Adequate external lighting shall be provided for security purposes in compliance with the California Building Standards Code.
b. A density requirement determined by the Director at time of permit issuance. For group/assembly uses, an occupancy limit shall be specified in the permit. The number and density of temporary nonresidential and temporary dwelling structures, either individual, single-family units, or multi-bed/multi-tenant structures permitted on a parcel shall be determined through the Disaster Recovery Permit process.
c. The setbacks for temporary structures shall be the same as the building setbacks for the base zoning district in which the structures are located or as determined by the Director.
d. For proposals that include group quarters or multiple temporary dwelling structures with five (5) or more units on a single residential or non-residential property, at least one person designated as a facility manager shall be on-site at all times. The manager may be someone that lives onsite and not necessarily a paid onsite manager.
e. The number of bathrooms and showers required on site shall be determined through the building permit process and shall be consistent with the California Building Standards.
f. Each temporary unit shall provide the number of automobile and bicycle parking spaces required by Table 1-1. Upon good cause shown and in order to address site specific issues, the Director may require a greater or lesser number of spaces identified in Table 1-1 and impose conditions upon the temporary permit. Where underlying zoning requires a lesser parking requirement, such requirement shall prevail.
TABLE 1-1 – PARKING REQUIREMENTS
Vehicle
| Bicycle
| |
One single-family temporary housing unit (per parcel) | 1 space per temporary housing unit | None required |
Multiple temporary housing units (per parcel) | 1 space per temporary housing unit, plus 1 space per on-site staff person | 1 space per 4 temporary housing units |
Group quarters (including multiple beds in a single temporary unit to be occupied by individuals) | 1 space for each 100 sq. ft. of common sleeping area, plus 1 space per on-site staff person | 1 space per temporary housing unit |
Nonresidential structures | – Office/retail: 1 space for each 500 sq. ft. of floor space of office or area open to public; – Warehousing: 1 space for each 1,000 sq. ft. of floor space of warehousing or 1 space per on-site staff person; – Medical: 1 space for each 500 sq. ft. of floor space of medical facility, and 1 space per on-site staff person. | 1 space per vehicle parking space (new) |
g. Pedestrian and vehicular surfacing shall be provided as determined by the Building Official and/or Public Works Director.
h. Water and wastewater service shall be available on the site proposed for temporary dwelling structures as provided below.
1. Water - Water shall be provided on site by the California Water Service Company (Cal Water), unless an alternative water source is approved by the Building Official that complies with provisions of the California Building Standards. To protect the public water system, the appropriate approved backflow device shall be required.
2. Wastewater - To protect public health, connection to the wastewater system is required, except as specified below in 19.76.210C(1)h(3) below for existing on-site sewage systems. The Director of Public Works will determine the appropriate connection requirement. A sewer application shall be submitted to the City, providing details relating to the temporary dwelling structure design and connection for disposing of wastewater. Wastewater connection fees shall be waived for any temporary dwelling structures under this ordinance. However, monthly sewer service fees shall apply in accordance with the municipal fee schedule.
3. Existing On-Site Sewage Systems - To protect public health, an existing on-site sewage disposal system that has been approved by the Butte County Environmental Health Division to be intact, adequately sized, and functioning, may be utilized. Other methods of sewage disposal approved by the Butte County Environmental Health Division may also be utilized.
i. Electrical services shall be available on the site proposed for temporary dwelling structures unless an alternate source is approved by the Building Official and is in accordance with any applicable provisions of the California Building Standards. All temporary or permanent electrical service shall be located on the subject site.
j. Temporary dwelling structures shall not be used as vacation rentals with terms of less than thirty (30) days.
k. Other requirements as conditioned by the Director to address site specific issues.
D. Permit Process. The following process shall apply to all temporary structures subject to this Chapter:
1. Application. Applicant shall file a written application. Applicant shall indicate the specific limited duration of time for which the permit is requested, and acknowledge requested use is for stated limited duration.
2. Bond required. Prior to issuance of a permit, a bond or other acceptable surety as determined by the Public Works Director shall be posted as a surety that the site will be cleaned up and restored to its original condition or equivalent. The property owner shall acknowledge responsibility to ensure before expiration of the permit that all units and structures shall be vacated, and the site restored to its original site condition or equivalent as determined by the Public Works Director.
3. Notice. At least ten (10) calendar days prior to taking action on any temporary unit permit, the Director shall notify, by mail, all persons or entities as follows:
a. Small Lots, projects with four (4) or less temporary dwelling units: mailing to all tenants and owners of real property as shown on the County's latest equalized assessment roll, directly abutting or adjacent to the subject parcel.
b. Large Lots, projects with five (5) or more temporary dwelling units: mailing to all tenants (unit addresses) and owners of real property as shown on the County's latest equalized assessment roll, within a 500-foot radius of the subject parcel.
c. Nonresidential Disaster Recovery Permits: Noticing shall be subject to the Director's determination, but shall include one of the following:
1. On properties abutting nonresidential zoning districts: mailing to all tenants and owners of real property as shown on the County's latest equalized assessment roll, directly abutting or adjacent to the subject parcel.
2. On properties abutting residential properties: mailing to all tenants (unit addresses) and owners of real property as shown on the County's latest equalized assessment roll, within a 500-foot radius of the subject parcel.
4. Director's Action. No public hearing shall be held or oral testimony provided on the consideration of a permit. Written comments must be received by the Director prior the time and date specified in the notice, and shall be considered by the Director in consideration of the permit and conditions placed on such permit. The Director's decision to approve or deny a temporary permit shall be in writing. An appeal of the Director's decision to approve or deny a temporary dwelling unit permit or temporary use permit may be appealed to the City Council within ten (10) days from the date of the decision in accordance with the City's appeal process set forth in Chico Municipal Code Chapter 2.80.
E. Term of Ordinance. This Ordinance shall be valid until April 16, 2024, unless otherwise extended by the City Council, or until such later date as established by the City Council.
(Ord. 2524 §2 (part), Ord. 2526 §2 (part), Ord. 2580 §17)
It is the purpose of this Section to implement Section 65852.21 of the Government Code pertaining to Two-Unit Housing Developments and to implement Section 66411.7 of the Government Code pertaining to Urban Lot Splits.
A. Two-Unit Housing Development. A proposed housing development containing no more than two residential units on a parcel located within a single-family residential zoning district shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all the eligibility requirements and standards established in this section.
1. Applicability. This section may be applied to parcels zoned R1 (Low Density Residential) or RS (Suburban Residential).
2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for a Two-Unit Housing Development:
a. Lot Location. The lot to be developed shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:
i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. Historic Properties. A Two-Unit Housing Development shall not be permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.
c. Rental Properties. A Two-Unit Housing Development shall not be permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Two-Unit Housing Development is submitted to the city.
d. Demolition or Alteration of Protected Units. A Two-Unit Housing Development shall not result in the demolition or structural modification of any portion of an existing residential unit that:
i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;
ii. Is protected under the Fair Rent Act; or
iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for a Two-Unit Housing Development.
e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection (A)(2)(D)(i),(ii), and (iii) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).
3. Maximum Number of Units Allowed. No more than two (2) dwelling units shall be permitted on any lot utilizing the Two-Unit Development provision.
4. Separation of units. Primary dwelling units may be attached or detached. Units shall be constructed and/or modified to allow for separate conveyance of each unit consistent with applicable building and fire code requirements.
5. Sale of units. Each dwelling unit of a Two-Unit Housing Development may be rented independently but shall not be sold or conveyed separately from the other unit.
6. Development Standards. A proposed Two-Unit Housing Development shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. Emergency fire access shall meet all requirements of the Building Code and Fire Code.
7. Exceptions to Development Standards.
a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.
b. Notwithstanding subsection (A)6. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
c. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for a Two-Unit Housing Development.
8. Parking Requirement. One covered space shall be provided per unit. No parking shall be required for either unit of a two-unit housing development if any of the following conditions are met:
a. The lot is located within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code;
b. The lot is located within one-half (1/2) mile walking distance of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
c. There is a car-share vehicle parking space located within one (1) block of the lot.
9. Property Owner Attestation. Upon submittal of an application for a Two-Unit Housing Development, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:
a. A requirement for owner occupancy as defined in Section 19.04.020 when the proposal involves a Junior Accessory Dwelling Unit (JADU);
b. A limitation restricting the property to residential uses only;
c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days.
d. No alteration or demolition of protected units, as described in subsection (A)(2)(D)(i),(ii), and (iii), shall occur.
B. Urban Lot Split. This Section establishes eligibility requirements and standards for urban lot splits.
1. Applicability. This section may be applied to lots zoned RI (Low Density Residential) or RS (Suburban Residential).
2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for an Urban Lot Split under this Section:
a. Lot Location. The lot to be subdivided shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:
i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation m an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. Historic Properties. Urban Lot Splits are not permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.
c. Rental Properties. Urban Lot Splits are not permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Urban Lot Split is submitted to the city.
d. Demolition or Alteration of Protected Units. Urban Lot Splits shall not result in the demolition or structural modification of any portion of an existing residential unit that:
i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;
ii. Is protected under the Fair Rent Act; or
iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for an Urban Lot Split.
e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection B.2.d.i, B.2.d.ii. and B.2.d.iii. above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).
f. No Prior Urban Lot Split. The lot to be subdivided shall not be a lot that was established through a prior urban lot split.
3. Subdivision of Adjacent Parcels. The lot to be subdivided shall not abut any lot that was previously subdivided through an Urban Lot Split by the owner of the lot proposed to be subdivided or any party acting in concert with the owner. For the purpose of this section, a person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
4. Maximum Number of Units Allowed. No more than two dwelling units shall be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units, junior accessory units, density bonus units, and units created as a two-unit development.
5. Subdivision Map Act Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code Section 66410, et. seq.) ("SMA"), including implementing requirements in this code.
6. Development Standards. Development proposed on any lot created through an Urban Lot Split shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. In addition, any lot created by an Urban Lot Split shall comply with the following standards:
a. Minimum lot size. The lot to be split shall contain a minimum of 2,400 square feet. The resulting lots shall each contain a minimum of 1,200 square feet. Each of the resulting lots shall be between sixty (60) percent and forty (40) percent of the original lot area.
b. Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way. Emergency fire access shall meet all requirements of the Building Code and Fire Code.
7. Exceptions to Development Standards.
a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.
b. Notwithstanding subsection B.4. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
c. Retained structure setbacks on lots created by Urban Lot Splits. If one (1) or more dwellings are retained on a site that is subdivided by an urban lot split, no setback shall be required for the retained dwelling(s) if compliance with the required setbacks would prevent the Urban Lot Split, subject to compliance with all applicable building and fire codes.
d. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for an Urban Lot Split.
8. Property Owner Attestation. Upon submittal of an application for an Urban Lot Split, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:
a. A requirement for owner occupancy as defined in Section 19.04.020;
b. A limitation restricting the property to residential uses only;
c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days;
d. The lot to be subdivided was not created through a prior Urban Lot Split;
e. The lot cannot be further subdivided using the Urban Lot Split procedures as provided for in this section;
f. That neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.
g. No alteration or demolition of protected units, as described in subsection B.2.d.i, B.2.d.ii, and B.2.d.iii., shall occur.
(Ord. 2580 §18, Ord. 2600)