A. Definitions.
"Housing development" shall mean no more than two residential units within a single-family residential zone that meets the requirements of this Chapter. The two units may consist of two new units or one new unit and one existing unit.
B. Application and requirements for two-unit housing development.
1. Application. Plans shall be submitted pursuant to section 15.47.040.A of this code. Any other relevant information which may be necessary shall be specified in application submittal requirements so that it is available and known to the applicant prior to submittal.
2. Connected structures. The city shall not reject an application solely because it proposes adjacent or connected structure provided that the structures meet building code safety standards and are sufficient to allow a separate conveyance.
3. Affidavit/deed restriction. An applicant shall be required to sign an affidavit in a form of a deed restriction approved by the City Attorney, which shall run with the land and shall be recorded with the Orange County Recorder with a copy of the recorded document provided to the Fullerton Community and Economic Development. The affidavit shall state and include all the following:
a. If, this is in connection with an Urban Lot Split, that applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
b. That the uses shall be limited to residential uses.
c. That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.
d. That for an Urban Lot Split, the parcel are formed and subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.
4. Legalizing. An existing non-conforming or unpermitted dwelling unit may be legalized if it meets or can be improved to meet all requirements of Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for a Two-Unit Housing Development.
5. Easements. The applicant shall provide easements for the provision of public services and facilities as required.
C. Applicability. This section is applicable only to properties with a zoning of R-1 and is not located on property in any of the following areas and does not fall within any of the following categories:
1. Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, as it may be amended from time to time, or within a site that is designated or listed as a city landmark or historic property or district or Residential Preservation (R-1P) pursuant to a city ordinance.
2. Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B) as it may be amended from time to time.
3. Wetlands. "Wetlands" as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
4. Fire Zone. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D) as it may be amended from time to time. This does not apply to sites excluded from the specified hazard zones pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
5. Hazardous Waste Site. A hazardous waste site that is listed pursuant to Government Code 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, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
6. Earthquake Fault Zone. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
7. Flood Zone. 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 (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
b. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii) as that section may be amended from time to time.
8. Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
9. Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(1) as that section may be amended from time to time.
10. Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
11. Conservation Easement. Lands under a conservation easement.
12. Not Affordable Housing or Rental Property. The proposed housing development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or
b. Housing that has been occupied by a tenant in the last three years.
13. Does Not Demolish 25%. Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
D. Approval Process. An application for a two-unit project is approved or denied ministerially, by the Community and Economic Development Director, without discretionary review, following technical review by Planning, Building, Fire, and Public Works for compliance with Government Code section 65852.21, this Ordinance, and applicable provisions of the Fullerton Municipal Code.
E. Building Official determinations. The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
F. Development standards.
1. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone:
a. Setback. The setback for side and rear lot lines shall be four feet except no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. The front setback shall be as set forth in the single-family residential zone in which the property is located. Dwellings constructed on a corner lot pursuant to this Ordinance must provide at least 10-foot setback abutting the side street. The setback between detached structures shall be ten feet.
b. Parking. Off-street parking shall be one space per unit, except that no parking requirements shall be imposed in either of the following circumstances:
i. The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
ii. There is a car share vehicle located within one block of the property.
c. Quantity. The maximum number of units on a lot pursuant to this section is two plus any ADU and/or JADU that must be allowed under State law and section 15.17.100 of this Code. A lot that is created by an urban lot split pursuant to Sections 16.03.070 and 16.03.080 of this Code may have no more than two dwelling units of any kind where unit" means any dwelling unit, including but not limited to a primary dwelling unit, a primary dwelling unit created pursuant to this Section, an ADU, or a JADU.
d. Unit size. The total floor area of each primary dwelling unit built pursuant to this Ordinance must be less than or equal to 800 square feet and consistent with the minimum standards required by state law generally 220 square feet). A primary dwelling unit that was legally established on the subject site prior to the two-unit project that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. A primary dwelling unit that was previously legally established on the subject site that is larger than 800 square feet is limited to the lawful floor area at the time of the two -unit project and may not be expanded.
e. Height. Maximum of 10 feet in wall height at the side and rear setback when the 4-foot minimum setback is utilized. The building wall height may increase 1 foot for each additional 1 foot of setback exceeding the minimum 4-foot side and rear setback, where taking a measurement from final grade to the top of the roof, total height does not exceed 22 feet.
f. Stories. Maximum of 2.
g. Lot Coverage. Maximum of 40%, enforced to the extent that is does not prevent two primary dwelling units on the subject property of 800 square feet each.
h. Landscaping. In addition to complying with the R-1 landscape provisions of the Municipal Code, all developments shall plant mature landscaping consisting of a minimum of 36" box trees, 15-gallon shrubs, or a combination of both.
i. Open Space. All development shall comply with the R-1 open space provisions of the Municipal Code, to the extent that is does not prevent two primary dwelling units on the subject property of 800 square feet each.
G. Design standards.
1. Roof. The roof pitch/slope and roof style (e.g., hip, gable, mansard, dutch-gable, flat, etc.) of the proposed unit, addition, and/or any accessory structures added as part of the two-unit project must be the same as the primary dwelling unit. For a vacant lot, new units must utilize the predominant (majority) pitch/slope and roof style of the properties within the neighborhood.
2. Window. The window style, method of operation (e. g., hung, double-hung, slider, casement, etc.), window trim and sills of the proposed unit or addition must be the same as the primary dwelling.
3. Indoor Space Area. The size of common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room, etc., must be equal to, or greater than, the square footage of bedrooms provided. The square footage of bathrooms, closets, garages or other defined storage spaces may not be counted towards common living area square footage to comply with this requirement.
4. Two-story structures. New two-story structures, including second story additions, shall be stepped back a minimum of 5 feet from the first-floor wall plane on all elevations. No balcony, deck, or other portion of the second story may project into this step-back.
5. Water Heaters. Water heaters (excluding tank less) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit. Tank less water heaters, when installed on the exterior of structure may only be installed on the 1st floor, must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.
6. HVAC Systems. HVAC units must not be installed on any street facing elevation and must not be installed on the same elevation as the entrance to the dwelling.
7. Architectural Style. Any unit constructed must have the same architectural style as the existing primary unit and must also comply with the existing accessory dwelling unit standards and requirements set forth in section 15.17.100 of this Code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
H. Grading. A conceptual grading plan shall accompany a two-unit project when 50 cubic yards of soil or more is proposed to be disturbed as more particularly set forth and required in Fullerton Municipal Code Sections 14.03.180 and 14.03.190. The conceptual grading plan shall include location, height and sections of all proposed retaining and non-retaining walls which shall comply with Fullerton Municipal Code Section 15.17.050.G.
I. Lot Access. A two-unit project requires the subject property on which it is proposed to adjoin the public right of way (street or alley) or have access to the public right of way as follows:
1. Vehicle Access. Subject property must have vehicular access through a fee interest or perpetual access easement.
2. Fire Lane. Subject property must have an approved fire apparatus roadway (fire lane) to within one hundred and fifty feet of all existing or potential structures. Fire lanes shall meet the following standards:
a. Width. Minimum of 20 feet.
b. Grade. Maximum grade along the roadway shall not exceed 10%, and side to side (cross slope) shall not exceed 2%.
c. Turning Radii. Inside dimension of 28 feet and outside dimension of 48 feet.
d. Vertical Clearance. Minimum of 13 feet 6 inches.
e. Weight Capability. Minimum 94,000 pounds.
f. Surface. All weather paving material such as concrete, asphalt, or masonry.
g. Turnaround mechanism. When a fire lane exceeds 150 feet in length, a turnaround mechanism of a hammerhead or cul-de-sac shall be provided meeting either of the following standards:
i. Hammerhead. "T" or "Y" configuration with a minimum lane length of 120 feet and minimum lane width of 20 feet.
ii. Cul-de-sac. Minimum diameter of 80 feet.
h. Restricted Access. Gate or other improvements designed to use of the fire lane shall be equipped with a Knox Box.
i. Driveway locations. Driveway locations are subject to Public Works standards and requirements in place at the time of application.
3. Fire Access. Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within 150 feet of the fire apparatus. Firefighter access routes shall meet the following standards:
a. Width. Minimum of 5 feet.
b. Grade. Maximum cross slope shall not exceed 2% and grade along the access route shall not exceed:
i. Walk. Maximum of 5%.
ii. Ramp. Maximum 8.3%.
iii. Stairs. Per Building Code.
c. Clearance. Free from obstruction such as fences, planters, vegetation, and other structures although may be "as the crow flies" rather than in a straight line.
J. High Fire Severity. Development within fire hazard severity zones shall comply with the Fire Department' s Fire Prevention Standard on Fuel Modification Plan and Maintenance and shall:
1. Defensible Space. A fuel modification zone shall be established within the lesser of a 100-foot radius around all existing and proposed structures on the property or the property boundaries. Within the fuel modification zone, landscape shall be planted and maintained in compliance with the following standards:
a. All existing and proposed landscaping and irrigation shall be provided on the conceptual landscape plans with final approval and permits pursuant to FMC 15.50, except as amended herein.
b. Spacing shall be per Attachment 6, OCFA Vegetation Management Guide: Technical Design for New Construction Fuel Modification Plans and Maintenance Program (OCFA Fuel Modification Guideline).
c. Landscape material shall be per Attachment 8 OCFA Fuel Modification Guideline.
d. Plants with physical properties that contribute to high flammability, per Attachment 7 OCFA Fuel Modification Guideline, shall not be utilized.
K. Utilities. A two-unit project requires the subject property on which it is proposed to have wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards:
1. Location. Location and size shall be determined in accordance with City standards.
2. Water. Water shall include domestic, irrigation, and fire water systems.
3. Connections. Subject property shall be responsible to install new or up sized connections to City facilities in accordance with City standards.
4. Abandoned Connections. Unused connections shall be abandoned per City standard.
5. Installation. Installation (and/or abandonment) as may be required pursuant to this section of all utilities shall be completed prior to finalization of new dwelling's building permit.
L. Fire Protection.
1. Fire Flow. The fire water system shall be designed meeting the flow requirements of California Fire Code, Appendix B.
2. Fire Hydrants. A two-unit project requires the subject property on which it is proposed to be located such that a fire hydrant is no further than 400 feet away from any existing or potential primary dwelling. Where a fire hydrant exceeds the minimum distance of 400 feet from the lot as measured from the closest property line, the property shall be responsible to install a new hydrant which may be private.
3. Fire Code. All dwellings on the subject site must comply with current Fire Code requirements.
(Ord. 3313 § 2, 2022)