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Sec. 9-4.3707. Two-Unit Housing Development - Planning Permit and Application Requirements.
   An application for development of a Two-Unit Housing Development created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this Section and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, then Government Code Section 65852.21 will govern.
   Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s action to grant or deny a parcel map application for a Two-Unit Housing Development is final and not subject to appeal.
   The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:
   (a)   Application. Whenever a Two-Unit Housing Development is proposed as a project, an application shall be submitted to the Community Development Department on a form provided by said department along with supporting information as required by said department. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
   (b)   Expiration of Approval. A Two-Unit Housing Development permit approved pursuant to this Section that allows construction which has not commenced or is not diligently pursued within three (3) years from the date of approval shall expire and become void, unless a time extension application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of 12 months may be approved by the Community Development Director or designee.
   (c)   Impact fees. Two-Unit Housing Developments shall be subject to paying all applicable development impact fees.
   (d)   Required Documentation: In addition to the materials determined necessary to complete a full review of the project by the Community Development Director or designee, the application must include the following:
   (1)   Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a project under this Title and its subject matter and reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.
   (2)   Legal Lot. The proposed development must be located on a legally created lot or a proposed Urban Lot Split.
   (3)   Homeowners’ Association Notification. If the lot is within the boundaries of an active homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.
   (4)   Protected Tree Report. If there are no protected trees within the vicinity of the project property a memorandum stating such shall be prepared by a landscape architect or certified arborist and provided at the time of submittal. If there are protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal.
   (i)   The site plan shall include the location of all protected trees on or within 15 feet of the property including the common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of structures/improvements to the protected zone of any protected tree (as defined by Sec. 9-4.4202 “Landmark Tree Preservation and Protection Definitions” and 9-4.4302 “Oak Tree Preservation and Protection Definitions”).
   (ii)   The memo must include a project description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arborist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9-4.3708(h), a planting plan must also be included in the site plan.
   (5)   Biologist Statement of No Protected Habitat. A written statement affirming that there is no 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] within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for a Two-Unit Housing Development, pursuant to Sec. 9-4.3704(d)(10).
   (e)   Affidavit of Compliance. An applicant for a Two-Unit Housing Development, as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy stating the following:
   (1)   That the property is eligible for the Two-Unit Housing Development pursuant to Sec. 9-4.3704-Eligibility.
   (2)   Unless the lot was formed by an Urban Lot Split, the individual property owner (or the beneficiary of a trust that is an individual property owner) of a lot with a proposed project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile for a minimum of three (3) years from the date of approval, if a dwelling unit exists on the lot, or from the date of issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy, if dwelling units are not habitable at the time of approval. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.
   (3)   That the primary uses shall be limited to residential uses.
   (4)   That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.
   (5)   That the restrictions shall be binding upon any successor in ownership of the property, and this Covenant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.
   (6)   That, in the event that potentially important cultural resources are found in the course of geologic testing or during construction, the event shall be immediately reported to the Community Development Director, and work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department can review this information.
   (7)   That, if human bone is discovered during geologic testing or during construction, the event shall be immediately reported to the Community Development Director, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by telephone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.
(§ 5, Ord. 1704-NS, eff. November 25, 2022)
Sec. 9-4.3708. Two-Unit Housing Development - Standards and Requirements.
   Two-Unit Housing Development projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this Article. In the event that any such standard conflicts with this Section, this Section shall apply.
   (a)   Exceptions.
   (1)   Denial. No two-unit housing development shall be approved 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 Government Code 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.
   (2)   Preclusion of Minimum Units.
   (i)   A Two-Unit Housing Development created pursuant to this Article shall comply with the following standards and requirements so long as the application of such standards would not have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single lot.
   (ii)   If the application of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area.
   (iii)   If there is a question about the buildability of an 800 square foot unit in a location that meets objective standards, the applicant shall be required to provide evidence of such determination including obtaining concurrence from any other department, division, agency, or professional, as necessary.
   (b)   Maximum Number of Units.
   (1)   Lots Created by Urban Lot Split. A maximum of two (2) units will be allowed on each lot created by an Urban Lot Split or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs.
   (2)   Lots Not Created by Urban Lot Split. No more than four units shall be allowed on a lot not subject to an Urban Lot Split, inclusive of ADUs and JADUs.
   (c)   Unit Configuration. The new units in a Two-Unit Housing Development may be permitted in the following configurations, not including the development of new or existing ADUs or JADUs:
   (1)   One (1) new unit incorporated entirely within an existing residential unit.
   (2)   One (1) new unit incorporated entirely within an existing accessory building, including garages.
   (3)   One (1) new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
   (4)   One (1) new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, is considered detached.
   (5)   Two (2) newly constructed attached units (duplex) or two detached residential units on a vacant lot.
   (d)   Height.
   (1)   No structure containing a dwelling unit may exceed 25 feet in height and be more than 1 story, except for those circumstances described in Sec. 9-4.3708(d)(2), below.
   (2)   The maximum height of a structure containing a dwelling unit may be increased by not more than ten (10') feet provided that the property has two (2) side yards of not less than fifteen (15') feet each and a rear yard of 20 feet. In no event shall such structures exceed three (3) stories or 35 feet.
   (e)   Required Yards.
   (1)   Existing Structures. 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.
   (2)   Side and Rear Yards. Except for those circumstances described in Sec. 9-4.3708(d)(2), above, the setback for side and rear lot lines shall be four (4) feet.
   (3)   Front Yards.
   (i)   The front setback of a property that fronts on a street shall be as set forth by the base district, specific plan, or overlay district regulations. For landlocked lots, the front yard setback shall be four (4) feet.
   (ii)   On lots fronting and gaining vehicular access from a public or private street, the single-family or duplex residential building entry must face the street or be oriented to within 45 degrees of parallel to the street. Where a site is located on two or more public streets, the residential building entry must be oriented toward the street with the shorter of the two street frontages.
   (4)   Sight Distance. Intersection sight distance shall be provided per the applicable City Road Standard Plate. Side and rear yard development, including fencing shall not exceed three and a half (3.5) feet within the sight distance triangle.
   (f)   Architectural Design.
   (1)   Architectural Design Review. A Two-Unit Housing Development is not subject to architectural design review as set forth in Article 18 of this Chapter.
   (2)   Storage Area. Private storage area for each dwelling unit must be provided with a minimum of one hundred sixty (160) cubic feet of enclosed storage area, which must be provided in garages, carports or patio areas and in which one dimension must be at least six feet (6'). Units or projects designed with individual garages for each unit are exempt from this requirement.
   (3)   Garage Conversions. In cases where a new Two-Unit Housing Development dwelling unit is created through the conversion of an existing garage, the garage conversion shall include one (1) of the following options:
   (i)   The garage door is left operational to provide access to a storage space that is separated from the new dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. The storage space shall not be accessible from the new dwelling unit.
   (ii)   The garage door is removed entirely and replaced with fenestration elements that match the form, exterior siding or finish and trim, and window placement/type of the existing dwelling unit. At least twenty percent (20%) of the area of all stories of a street-facing façade must consist of windows, doors, or other openings.
   (4)   Privacy Protection. No window or door of a dwelling unit that is constructed on the lot may have a direct line of sight to, or be within 10 feet of, an adjoining residential property without privacy glass screening which prevents a direct line of sight.
   (g)   Outdoor/Common Space. Each lot must contain usable, outdoor space of no less than fifteen percent (15%) of the area of each lot and of a regular geometry (e.g., rectangular) intended for common use by all property occupants.
   (h)   Preservation of Protected Trees. No dwelling unit created pursuant to this Article shall be constructed, or require grading at the time of construction, within the protected zone (as defined by Sec. 9-4.4202 and 9-4.4302) of a protected tree unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the protected tree may be encroached upon or removed if replaced onsite per the recommendations of a City Arborist, on a 1:1 basis, with a thirty-six (36’) inch box Quercus agrifolia Live Oak or Quercus lobata Valley Oak. If the replacement tree(s) is unable to be successfully sited onsite, an in-lieu fee will be required per Resolution 2010-014.
   (i)   Lighting. Exterior lighting shall be designed and installed in such a manner that the direct light source is shielded from off-site view.
   (j)   Vehicular Access.
   (1)   Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right-of-way via the existing or a consolidated vehicular connection.
   (2)   Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Works Department and Ventura County Fire Department standards.
   (3)   No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.
   (4)   In addition to the standards set forth in this Section, driveways and parking areas must comply with Sec. 9-4.2404 "General installation requirements of parking areas”.
   (k)   Pedestrian Access. When the established front yard of a lot abuts a public street or alley or private residential street, pedestrian access to a public/private street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each dwelling unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet American with Disabilities Act (ADA) standards.
   (l)   Parking.
   (1)   Off-Street Parking Required. A minimum of one enclosed parking space with an unencumbered interior width of nine (9') feet and an unencumbered interior depth of twenty (20') feet per unit shall be provided, unless the construction of such a structure precludes the construction of the minimum allowed two units of 800 square feet or less, in which case the required parking may be unenclosed. The floor area of an enclosed parking structure (up to the minimum area required only) shall not count towards the total square footage of the proposed unit.
   (2)   Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be enclosed, must be provided for each unit on the property, unless the project is exempt from parking.
   (3)   Multi-Unit Parking. An enclosed parking structure may serve multiple units on the same lot. Tandem parking within an enclosed parking structure is allowed.
   (4)   Location. Required parking must be on the same lot as the residential unit served.
   (5)   Exceptions. 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 station located within one block of the property.
   (m)   Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent.
   (n)   Hillside Development. Grading on properties within the H-P-D zone shall be subject to Sec. 9-4.3106(b).
   (o)   Development within a Protected Ridgeline Area. Urban lot splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:
   (1)   No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.
   (2)   No residential structure shall be higher than seventeen (17') feet measured from the finished grade at the center of the building wall to the highest roof elevation and any new dwelling unit, including any garage and accessory structures, shall not exceed, in total, two thousand (2,000) square feet. For existing structures, no alteration or addition to that structure shall raise the height or the elevation of the existing roof.
   (3)   All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
   (p)   Utilities.
   (1)   Each principal dwelling unit on the resulting lots must have its own direct utility connection to all utility service providers.
   (2)   Private underground utility services, including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a Two-Unit Housing Development. All dwelling units in a Two-Unit Housing Development must be able to connect and shall connect to water, sewer, gas, or electricity services, as needed.
   (3)   All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a Two-Unit Housing Development project shall be installed underground.
   (q)   Onsite Wastewater Treatment. For projects utilizing an existing or proposed new onsite wastewater treatment system, adequate septic feasibility must be demonstrated to the satisfaction of, and permitted by, the California State Water Resources Control Board. Properties to be connected to an onsite wastewater treatment system shall submit an application for a new onsite wastewater treatment system concurrently with the application for a Two-Unit Housing Development. Construction of all wastewater treatment systems shall be permitted by the City and comply with the current plumbing and building code standards.
   (r)   Connected Structures. The City shall not reject an application solely because it proposes an adjacent or connected structure provided that the structure meets building code safety standards and is sufficient to allow a separate conveyance as required by all state and local laws.
   (s)   All Other Development. Except as modified by this Article, all other non-residential development on a lot created through the approval of an Urban Lot Split or which contains a Two-Unit Housing Development shall be subject to those regulations required by the base zoning district or overlay district.
(§ 5, Ord. 1704-NS, eff. November 25, 2022)
Article 38. Special Use Permit For Rental of Dwelling
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