Urban dwelling units and/or urban lot splits shall be permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements.
(A) Urban dwelling units. The following requirements shall apply to urban dwellings units in accordance with Cal. Gov’t Code § 65852.21:
(1) Zoning designation. Any proposed urban dwelling unit must be located in a single-family residential zone including the R-1 (Single-Family Residence), R-1CC (Single-Family Residence Country Club), and the R-1V (Villa Residential within the Mission District Specific Plan) zones.
(2) Historical designation. Any proposed urban dwelling unit must not be located within a historic district or property included on the State Historic Resources Inventory (see Cal. Public Resources Code § 5020.1), or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(3) Demolition and alteration. A proposed urban dwelling unit must 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.
(b) Housing that is subject to any form of rent or price control through a public entity's valid exercise of police power.
(c) Housing that has been occupied by a tenant in the last three years.
(4) Restriction on demolition. A proposed urban dwelling unit must not require the demolition of more than 25% of the existing exterior structural walls. This restriction would not apply if the existing housing has been owner-occupied or vacant (not occupied by a tenant) in the last three years.
(5) A proposed urban dwelling unit must not be on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with § 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.
(6) Two units per lot. The parcel for the proposed urban dwelling unit development must contain no more than two units. Existing and proposed ADUs and Junior ADUs will be counted toward the maximum number of units.
(7) Accessory Dwelling Units (ADUs) and Junior ADUs. An urban dwelling unit shall not be permitted if the property is already developed with an ADU or Junior ADU. In addition, if an urban dwelling is developed on the property, an ADU or Junior ADU shall not be permitted thereafter.
(8) Short term rentals prohibited. Urban dwellings units shall not be rented as short term rentals. Any rental of the urban dwelling unit must be for a term longer than 30 consecutive calendar days.
(9) Single story minimum setbacks. The urban dwelling unit must have a minimum of four feet side and rear yard setback from the property line. No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.
(10) Parking requirement. At least one on-site uncovered parking space must be provided for each urban dwelling unit unless the newly created parcel meets one of the following exceptions:
(a) The parcel is within one-half mile from a "high quality transit corridor".
(b) The parcel is within one-half mile from a "major transit stop".
(c) A car share vehicle is located within one block of the parcel.
(11) Fire sprinklers are required in the urban dwelling unit.
(12) Ministerial review. Proposed projects for an urban dwelling unit must be reviewed ministerially, without a discretionary review process and/or public hearing, and shall be subject to the administrative clearance process outlined in § 153.048(D).
(13) Request for lot split. An applicant that requests an urban lot split must provide so in writing on both the planning application form as well have it clearly identified on the project plans.
(B) Objective development and design standards. Urban dwelling units shall be subject to the following development and design standards:
(1) Size. The maximum size of an urban dwelling unit must not exceed 800 square feet and must be a minimum of 500 square feet.
(2) Height. The maximum allowed height is 16 feet and must be limited to a one story structure. In instances where an 800 square-foot urban dwelling unit cannot be achieved as a one-story, a second story would be allowed to meet minimum square footage requirements. In the case that a two-story urban dwelling unit is allowed, the maximum height allowed is 28 feet.
(3) Front yard setback. A minimum front yard setback of 20 feet is required for urban dwelling units. The measuring point shall be taken from the front lot line to the closest point of the urban dwelling unit.
(4) Two-story structure. A two-story urban dwelling unit may only be allowed when an 800 square-foot urban dwelling unit cannot be achieved as a one-story.
(5) Setback for two-story structure. In the case that a two-story urban dwelling unit is allowed, the second floor must provide a four-foot side setback from the first story if the setback does not preclude the development of a minimum 800 square foot unit.
(6) Building separation. No detached urban dwelling unit shall be closer than six feet to any other accessory building, urban dwelling unit, or to the main building or dwelling, on the same lot or parcel. The six-foot distance shall be measured from the closet points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature.
(7) Retention of existing architectural style and elements. Additions or new urban dwelling units added to sites where an existing structure will be retained must match the architectural style of the main dwelling including but not limited to the roof pitch, window size, window type, exterior building materials, lighting fixtures, and paint colors.
(8) Neighborhood context. Urban dwelling units should match the context of the surrounding neighborhood in regards to architectural style, color, exterior materials, and exterior architectural elements.
(9) Open space. Urban dwellings must provide a minimum of 400 square feet of private open space. The open space must be directly accessible to the urban dwelling it serves.
(10) Building Code compliance. The design and construction of each urban dwelling unit shall conform to all applicable provisions of the Building Code. The urban dwelling unit shall comply with all provisions of the San Gabriel Municipal Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the urban dwelling unit will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.
(C) Urban lot splits. The following requirements apply to urban lot splits in accordance with Cal. Gov’t Code § 66411.7:
(1) Zoning designation. A proposed urban lot split is only allowed in a Single-Family Residential zone including the R-1 (Single-Family Residence), R-1CC (Single-Family Residence Country Club), and the R-1V (Villa Residential within the Mission District Specific Plan) zones.
(2) Historic designation. A proposed urban lot split must not be located within a historic district or property included on the State Historic Resources Inventory, see Cal. Public Resources Code § 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(3) Demolition and alteration. A proposed urban lot split must not require the demolition or alteration of any of the following:
(a) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(b) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(c) Housing that has been occupied by a tenant in the last three years.
(4) Maximum number of lots. The maximum number of newly created lots as the result of an urban lot split is two lots.
(5) Minimum allowed lot size. Both newly created parcels shall have a minimum of 1,200 square feet sized lots and be of approximately equal lot area. No lot shall be smaller than 40% of the lot area of the original lot.
(6) Flag lots. No flag lots shall be created as a result of an urban lot split.
(7) Easement. In the case of rear parcel created as a result of an urban lot split with no direct access to the public right-of-way, an easement must be provided over the front parcel to the rear parcel for access to the public right-of-way, providing public services and facilities, maintenance of utilities, and (if required) fire department access.
(8) Existing structure setbacks. No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.
(9) Adjacent sites. The owner of the parcel of the proposed urban lot split shall sign an affidavit that states that neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
(10) Ministerial review. Proposals for urban lot splits must be reviewed ministerially, without discretionary review or a public hearing, and shall be subject to the administrative clearance process outlined in § 153.048(D).
(11) Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with § 66410)), except as expressly provided in this section.
(12) Dedication and/or off-site improvements. Dedication and/or off-site improvements cannot be required as a condition of approval for parcel maps regarding urban lot splits.
(13) Owner affidavit. The owner of the originally subdivided lot must sign an affidavit that states the owner will reside on-site in one of the units as their principal place of residence for a minimum of three years from the date of the approval of the urban lot split.
(14) Short term rentals. The use of short term rentals for any unit created by an urban lot split is prohibited. Any unit created pursuant to this chapter must be for a term longer than 30 consecutive calendar days.
(15) Request for lot split. An applicant that requests an urban lot split must request the subdivision in writing on both the planning application form and clearly identified on the project plans.
(D) Application process. The provisions of this section apply to the processing of urban dwelling units and urban lot splits:
(1) Application. An application for the urban dwelling unit and/or urban lot split must be filed with the Community Development Department. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the city can review and take action on the request. The filing procedures and forms shall be published and made available to the public. No petition shall be received unless it complies with all filing requirements. All applications must include the applicable review fees.
(2) Approval body. The Community Development Director acts on all proposed urban dwelling units and urban lot split applications and has the authority to interpret and establish guidance and procedures for the approving of such urban dwelling units and/or urban lot splits, consistent with state and local law. Urban dwelling unit and urban lot split applications must be reviewed ministerially and do not require a public hearing or noticing.
(3) Review process. The Community Development Director will route applications for urban dwelling units and urban lot splits to necessary city departments for review and comment. Staff will provide comments to the applicant for review and consideration from the city departments.
(4) Approval. If the application for the urban dwelling unit and/or urban lot split meets all the requirements established in this section, the Community Development Director shall approve or approve with conditions, the application. The action of the Community Development Director is final and conclusive, in the absence of an appeal.
(5) Appeal. Any decision of the Community Development Director may be appealed to the City Council within the time and manner specified by § 153.004. The City Council may approve, deny or modify, in whole or in part, the action of the Community Development Director. The City Council shall utilize the evaluation criteria herein in making its decision.
(Ord. 683, passed 2-1-22)