A. Urban Dwellings: The following requirements apply to urban dwellings in accordance with Section 65852.21 of the Government Code:
1. Applicability:
a. R-1 Zoning: Any proposed urban dwelling must be located within the R-1, single-family zone.
b. Historic Designation: Any proposed urban dwelling must not be located within a historic district or property included on the State Historic Resources Inventory (see Section 5020.1 of the Public Resources Code), 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.
c. Demolition and Alteration: A proposed urban dwelling must not require demolition or alteration of any of the following types of housing:
(1) 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.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
d. Limit on Demolition: A proposed urban dwelling must not demolish more than 25 percent of the existing exterior structural walls. This does not apply if the housing development has not been occupied by a tenant in the last three years.
e. Other Instances:
(1) A proposed urban dwelling must not be on a parcel located in the areas specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(2) A proposed urban dwelling 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 Section 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.
2. Ministerial Review: Proposals for urban dwellings will be reviewed ministerially, without discretionary review or a hearing, through the zoning clearance process.
3. Short Term Rentals Prohibited: The rental of any urban dwelling must be for a term longer than 30 days.
4. Objective Zoning Standards:
a. R-1 Standards: The standards within Section 9-1G-12 (R-1 Zone District Residential Development Standards) apply to proposals for urban dwellings. In the case of conflict between this Section and any other section of Chapter 9-1 (Zoning Code), the provisions of 9-1T-21 will apply.
b. Number of Units: The parcel for the proposed urban dwelling must contain no more than two units. Existing and proposed ADUs and JADUs will be counted toward the maximum number of units. An urban dwelling development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. On a site where no lot split is proposed, the maximum number of units must not exceed two (2) urban dwellings and two (2) ADUs or two (2) urban dwellings and two (2) Junior ADUs.
d. Minimum Size: The minimum size of an urban dwelling is 500 square feet.
e. Setbacks:
(1) Existing Structures: 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.
(2) New Structures and Additions: The minimum setback from the side and rear property line is four feet.
f. Height:
(1) New Structures: An urban dwelling must not be more than one-story. The maximum height must not exceed 18 feet. The distance from the ceiling to the finished floor must not exceed eight feet. Vaulted ceilings are not permitted.
(2) Additions: An urban dwelling can be added to a site with an existing two-story structure. In such instances the entirety of the addition must meet the requirement of subsection “1" above.
(3) Conversions: In cases where an urban dwelling is being added by subdividing an existing structure, the height requirements of subsection “1” above do not apply.
(4) Exceptions: Projects that are exempt from the one-story height limit due to the 800-square foot exemption must not exceed 25 feet in height with a maximum top plate height of 18 feet. If a third floor is necessary to meet the 800-square foot requirement the third floor must be completely subterranean; the ceiling must be below the natural grade.
g. Floor Area Ratio: The floor area ratio incentive bonuses found in 9-1G-15 do not apply to urban dwellings.
h. Second Floor Stepbacks: Projects that are exempt from the one-story height limit due to the 800-square foot exemption, must stepback the second and third floor four feet from the ground floor. This rule applies to only to the side yard, rear yard, and street side yard elevations.
i. Building Separation: The units or structures within an urban dwelling may be attached or detached. Detached structures must meet building code safety standards and are sufficient to allow separate conveyance.
j. Driveways and Parking: A proposed urban dwelling must not provide any onsite parking (including garages, carports, and parking on driveways). Any hardscape more than 8 feet in width and 18 feet in depth is not permitted on a site with an urban dwelling. Prior to issuance of a building permit the applicant must obtain an encroachment permit to remove an existing driveway. Prior to finalizing of building permits and granting of a certificate of occupancy the driveway apron in the public right of way must be removed and repaired.
k. Building Official Review: The City will deny a proposed urban dwelling 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 paragraph (2) of subdivision (d) of Section 65589.5, upon 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. The decision of the building official may be appealed to the Planning Commission in compliance with section 9-1C-5-G.
l. Affordability: Urban dwellings must be continuously maintained as “affordable” housing for a period of not less than 30 years from the date of first occupancy. Urban dwellings must be occupied by low or very low- income households. (Low income is defined as 50 percent of the average median income for the Los Angeles/Long Beach Metropolitan Area). The maximum amount of rent, which may be charged, is 30 percent of the total household income or 30 percent of the income limit for low-income households, whichever is less. Every occupant of an urban dwelling must be qualified for eligibility based upon annual tax returns. Said restriction must be set forth in a recorded covenant or deed restriction. The property owner must provide documentation to the City on an annual basis relative to eligibility. The owner must agree to evict any tenant who does not meet the eligibility requirement. When the applicant lives onsite, they will be exempt from this requirement. The community development director is authorized to establish forms, policies, and procedures, to implement this affordability requirement.
m. Sub-Leasing: In accordance with Table 9-1G-2, only one bedroom within an urban dwelling can be rented.
n. Tree Preservation: In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove any mature trees onsite. A mature tree is defined as trees with a diameter-at-breast-height (DBH) of 19 inches or greater. A removal includes moving a tree or removing more than one-third of a tree’s vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, stating that all reasonable precautions have been made to preserve the tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree. If removal of a tree is required to provide a minimum 800 square foot unit, the owner must meet the requirements of Section 9-1N-8 (Tree Replacement Requirements).
o. LEED Platinum Certification: Prior to the city releasing a certificate of occupancy, the property owner must demonstrate that the property has achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings.
p. Disclosures: At the time of sale, a site with an urban dwelling must disclose to the seller:
(1) The site is not eligible for overnight parking permits;
(2) The site must not be used for short term rentals;
(3) The property owner must provide all necessary information to the City, required in the annual housing element report; and
(4) The site must be used for affordable housing per the recorded covenant.
5. Objective Design Standards for Additions: Additions or new structures 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, proportion of window units to wall size, direction of window opening, muntin pattern, exterior building materials, lighting fixtures, and paint colors.
6. Objective Design Standards for New Construction: The following standards apply to all new construction, not additions:
a. Front Façade Articulation: Front elevations must include at least two of the following: porch, canopy, bay window, awning, chimney, or courtyard. The porch or courtyard must be at least five feet deep.
b. Entrances: The front entrance to all units must be either recessed or protrude a minimum of five feet from the front wall. The front recessed entry or porch area must be covered.
c. Side and Rear Articulation: No wall along a side-, rear-, or street side-yard may extend more than 24 feet without architectural articulation or an offset of at least 2 feet for not less than 8 feet. The eave of the roof must be articulated as well at the same proportion as the wall below. See the images, below. The first image does not meet this requirement, while the second image, does.
d. Quantity of Exterior Materials: All structures must have at least two exterior building wall materials including. The following exterior materials area allowed: stucco, wood, rock/stone, hand-painted tile, brick, or clinker brick. Window and door trim does not count as a second material.
e. Use of stone: Manufactured stone must not be used in place of real stone.
f. Use of brick: Brick veneer must be at least 1.75 inches in depth; half the depth of a standard brick.
g. Quality Materials: Materials made from foam covered by stucco are not allowed.
h. Exterior Materials: When used on the same elevation, wood and stucco must be placed above rock or brick.
i. Two Colors: Buildings must include at least two colors; one for the main wall color and another for architectural trim pieces.
j. Building Colors: Projects with detached structures must provide different color palettes for each structure.
k. Exterior Stairwells: Exterior stairs leading from the ground floor to a second or third story are prohibited.
l. Open Space: Urban dwellings must have minimum of 500 square feet of open space with a dimension of at least 10 feet. The open space must be directly accessible to the urban dwelling it serves. The front yard could not be counted as open space.
n. Architectural Styles: Urban dwellings must either be Spanish Colonial Revival or Craftsman in style.
o. Spanish Colonial Revival Design Elements: Urban dwellings designed in a Spanish Colonial Revival style must meet the following requirements:
(1) Spanish Colonial Revival Massing: The massing for a Spanish Colonial Revival house must be “L” shaped in nature with a gable or hip parallel to the street.
(2) Spanish Colonial Revival Window and Door Composition: Windows and doors must be placed asymmetrically. The buildings must reflect the following approved proportions.
(3) Spanish Colonial Revival Eave Detail: Second floor eaves must be at least 10 inches in depth. Any shallower eaves must be constructed of the building wall material or molded plaster. Eaves must meet the design requirements depicted below.
(4) Spanish Colonial Revival Porches: Porches must be designed as patios or loggias. The minimum depth must be 8 feet. The patio or loggia must be defined either plaster arches with plaster columns, of plaster arches with cast stone columns. Porch floors must be paved with stained concrete, terra cotta tile, or brick. Columns, posts, and arches must use the standard drawings, below.
(5) Spanish Colonial Revival Balconies: If balconies are included, they must project out from the structure. Balconies made of metal must be no more than two feet deep. Balconies deeper than two feet must be made of wood. Wood balconies must use the design below.
(6) Spanish Colonial Revival Windows: Windows must have a vertical or horizontal pane configuration. Windows surrounded by stucco must be recessed to create the illusion of thicker walls. Below is the required window recessing detail.
(7) Spanish Colonial Revival Doors: Doors must be made of stained or painted wood. Doors must be either a plank/board design or a panel door, recessed. Doors must be of one of the styles below.
(8) Spanish Colonial Revival Trim: When windows are recessed less than four inches a trim is required. Trim must be above and below the window.
(9) Spanish Colonial Revival Shutters: Shutters must be used on windows that are taller than they are wide, except for fixed picture windows. Shutters must be of one of the two designs. For windows more than two feet wide, two shutters must be provided. Each shutter must be half the width of the window. For windows more than two feet wide, or less, shutters are not required.
p. Craftsman Design Elements: Urban dwellings designed in a Craftsman style must meet the following requirements:
(1) Craftsman Massing: The massing for a Craftsman house must be “L” shaped in nature with a front facing gable roof containing any second story (if applicable). An in-line gabled porch or wing must be added to the front leg of the L to create an asymmetrical form. The roof pitch must be at or between 4:12 and 6:12.
(2) Craftsman Window and Door Composition: The buildings must reflect the following approved proportions. The placement of windows and doors must be asymmetrical. When more than one window is placed in an unarticulated section of an elevation, the windows must occur in pairs, or as sidelights to an oversized ground floor window. Entrance doors must have a width greater than 36 inches. This can be accomplished by adding side lites. Double doors are not permitted.
(3) Craftsman Materials: Wood or fiber cement board must be used. Additional accent materials are limited to river rock, brick, clinker brick, or a combination of these (clinker brick). The shingle or board exposure must range between three and six inches. When corner boards are used, they must have an exposure of four to six inches.
(4) Craftsman Eave Detail: Eaves must range in depth from 18 to 32 inches. Eaves must meet the design requirements depicted below.
(5) Craftsman Porches: The minimum depth of the porch on the front unit must be 8 feet. Eaves on the porch must be at least 1.5 to 2 feet in depth. Porches roofs must be one of the following - gable, hipped, or shed. Porch roofs must have a pitch between 3:12 to 4:12. Columns, posts, and arches must use the standard drawings, below.
(6) Craftsman Balconies: Balconies are not permitted.
(7) Craftsman Windows: Windows must not be taller than they are wide, unless the window is a picture window set between to smaller, vertical, casement or hung windows. Horizontal windows are allowed in bathrooms. All windows, except the aforementioned horizontal windows, must be casement or hung windows. All windows must have muntins unless the window has a dimension less than 2 feet. Window muntin pattern must be 2 over 1, 3 over 1, or 4 over 1. All windows must be recessed. Below is the required window recessing detail.
(8) Craftsman Doors: Doors must be made of stained or painted wood. Doors must be either a plank/board design or a panel door, recessed. Doors must have a glazed, top portion. Doors must be of one of the styles below.
(9) Bungalow Trim: All windows must have a trim around the top, bottom, and sides. All trim must match that shown in “Craftsman Windows”, above.
(10) Bungalow Shutters: When shutters are used, they must be half the width of the window.
7. Exceptions to Objective Standards: Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.
a. Lot coverage
b. Floor area ratio
c. Tree Preservation
d. Open space
e. Courtyard
f. Second floor step backs
g. Front of the lot floor area ratio
h. Articulation
i. Maximum number of stories. If waiving of all the above requirements do not provide for an 800 square foot unit, the building may exceed the maximum number of stories. After exceeding the maximum number of stories, the applicant must then replace the above objective standards in the opposite order until the unit size is reduced to 800 square feet.
B. Urban Lot Splits: The following requirements apply to urban lot splits in accordance with Government Code Section 66411.7:
1. Applicability:
a. R-1 Zoning: Any proposed urban lot split must be located within the R-1, single-family zone.
b. Historic Designation: Any proposed urban lot split must not be located within a historic district or property included on the State Historic Resources Inventory, see Section 5020.1 of the Public Resources Code, 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.
c. Demolition and Alteration: A proposed urban lot split must not require demolition or alteration of any of the following types of housing:
(1) 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.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
d. Development of Adjacent Sites: 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.
e. Other Instances:
(1) A proposed urban lot split must not be on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(2) A proposed urban lot split 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 Section 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.
2. Ministerial Review: Proposals for urban lot splits will be reviewed ministerially, without discretionary review or a hearing per Section 66411.7 of the Government Code.
3. Comply with Subdivision Map Act: Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this section.
4. Dedication and Off-Site Improvements: A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map.
5. Fire Department & Utility Easements: 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.
6. Owner Occupied: The applicant for an urban lot split must sign an affidavit stating that the applicant will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
7. Short Term Rentals Prohibited: The rental of any unit created by an urban lot split must be for a term longer than 30 days.
8. Residential Uses, Only: All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does not apply to an applicant that is 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 is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
9. Non-Conforming Zoning Conditions: Nonconforming zoning conditions are not required to be made conforming before approving an application.
10. Bi-Annual Inspection: The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee as set forth in the City’s fee and fine resolution.
11. Objective Development Standards: The following objective development standards apply to urban lot splits:
a. Size and Number: The parcel map subdividing an existing parcel must create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. The subdivision must not be done in a manner that leaves one lot with more than two units including existing and proposed main dwellings, ADUs, and JADUs.
b. Minimum Size: Both newly created parcels created by an urban lot split must be no smaller than 1,200 square feet.
c. Setbacks:
(1) Existing Structures: 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.
(2) New Structures and Additions: The minimum setback from the side and rear property line is four feet.
d. Building Separation: The units or structures involved in an urban lot split may be attached or detached provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
e. Building Official Review: The City will deny a proposed urban lot split 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 paragraph (2) of subdivision (d) of Section 65589.5, upon 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. Driveways and Parking: A proposed urban lot split must not provide any onsite parking (including garages, carports, and parking on driveways). Any hardscape more than 8 feet in width and 18 feet in depth is not permitted on a site with an urban lot split. Prior to issuance of a building permit the applicant must obtain an encroachment permit to remove an existing driveway. Prior to finalizing of building permits and granting of a certificate of occupancy the driveway apron in the public right of way must be removed and repaired.
g. Conjunction with Urban Dwellings: Only structures that meet the requirements of urban dwellings are allowed on urban lot splits.
h. Disclosures:
(1) At the time of sale, a site with an urban dwelling must disclose to the seller:
(A) The site is not eligible for overnight parking permits;
(B) The site must not be used for short term rentals;
(C) The property owner must provide for an inspection every six months for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee in the City’s fee and fine resolution;
(D) The property owner must provide all necessary information to the City, required in the annual housing element report;
(E) The site must be used for affordable housing per the recorded covenant; and
(F) The site cannot be the subject of future urban lot splits. (Ord. 21-1059; amd. Ord. 23-1071)