Chapter 17.33 SPECIAL HOUSING REGULATIONS

Chapter 17.33
SPECIAL HOUSING REGULATIONS

Sections:

17.33.010 Purpose.

17.33.020 Residential density bonus.

17.33.030 Emergency shelter overlay district.

17.33.040 Low barrier navigation centers.

17.33.050 Reasonable accommodation.

17.33.060 Two-unit residential developments and urban lot splits in single-family residential zones.

17.33.010 Purpose.

The purpose of this chapter is to:

A. Comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with disabilities seeking fair access to housing.

B. Facilitate the production of affordable housing consistent with Government Code Section 65915 on density bonus and other incentives.

C. Implement the goals, policies and programs of the Housing Element of the Covina General Plan.

D. Provide temporary shelter for homeless persons or others in need in a manner that protects the health, safety, and general welfare of nearby residents and businesses, consistent with California Government Code Section 65583. (Ord. 20-10 § 11, 2020.)

17.33.020 Residential density bonus.

A. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a site plan review, or tentative map or other land use entitlements that are required by this code. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the city council.

B. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a site plan review or other land use entitlements that are required by this code.

C. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

D. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the city shall grant a density bonus in an amount specified by Government Code Section 65915, as that section may be amended from time to time. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

E. For the purpose of calculating the density bonus, the “maximum allowable residential density” shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project.

F. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

G. The city shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

H. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4. The waiver or reduction of the development standard would be contrary to state or federal law.

I. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

J. The applicant shall comply with all requirements stated in Government Code Section 65915.

K. The applicant shall enter into an agreement with the city to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

L. For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

M. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915. If applicable, the applicant must certify that the proposed project meets the replacement unit requirements identified in subparagraph (c)(3) of Government Code Section 65915 or any comparable requirement in Government Code Section 65915, as it may be amended from time to time.

N. The provisions of this section shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein. (Ord. 20-10 § 11, 2020.)

17.33.030 Emergency shelter overlay district.

This section sets forth the requirements for the establishment and operation of emergency shelters.

A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:

1. Permit Required. Emergency shelters may be established and operated in the emergency shelter (ES) overlay district subject to nondiscretionary approval of a site plan review in compliance with Chapter 17.64 CMC;

2. Management and Operations Plan. An application for a permit to establish and operate an emergency shelter shall be accompanied by a management plan, which should incorporate the following: hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior on-site waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.

B. Development Standards. In addition to other standards set forth in this code for the underlying zone, emergency shelters shall conform to the following standards.

1. Maximum of 100 beds.

2. Minimum separation of 300 feet between emergency shelters.

3. One parking space per four beds, plus one space for each staff member on duty. (Ord. 20-10 § 11, 2020.)

17.33.040 Low barrier navigation centers.*

A. Purpose and Intent. This section sets forth the requirements for the establishment and operation of low barrier navigation centers.

B. General Standards. A low barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

5. Low barrier navigation centers shall also comply with the standards established for emergency shelters in CMC 17.33.030.

C. Review Process. Low barrier navigation centers may be established and operated subject to nondiscretionary approval of a site plan review in compliance with Chapter 17.64 CMC.

D. Repeal. This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Ord. 20-10 § 11, 2020.)

* CMC 17.33.040 shall remain in effect until January 1, 2027, per subsection (D) of this section as enacted by Ord. 20-10, at which date it shall be repealed.

17.33.050 Reasonable accommodation.

A. Specific Purpose. In conformance with state and federal fair housing laws, this section establishes the city’s procedures related to requests for reasonable accommodation from the strict application of the city’s land use and zoning regulations to allow disabled persons an equal opportunity to use and enjoy a dwelling.

B. Definitions.

“Disabled; disabled person” means a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

“Eligible person” means a disabled person, a disabled person’s representative, or a real estate developer building housing for disabled persons.

“Fair housing laws” means the “Fair Housing Act” (42 U.S.C. § 3601 et seq.), the “Americans with Disabilities Act” (42 U.S.C. § 12101 et seq.), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.

“Major life activity” means physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

“Physical or mental impairment” means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed “mental retardation”), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc., does not qualify as a physical or mental impairment.

“Reasonable accommodation” means any deviation requested and/or granted from the city’s zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

C. Requesting Reasonable Accommodation.

1. In order to make housing available to disabled persons, any eligible person may request a reasonable accommodation from the strict application of land use, zoning and building regulations, policies, practices and procedures.

2. Requests for a reasonable accommodation shall be submitted on an application form established by the community development director.

3. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by state or federal law.

4. A request for a reasonable accommodation from the strict application of the city’s regulations, policies, practices or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect a person’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

D. Reviewing Authority.

1. Requests for a reasonable accommodation shall be reviewed by the community development director using the criteria set forth in subsection (C) of this section. The community development director may, in his or her discretion, refer applications to the planning commission for consideration.

2. The community development director may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection (E) of this section.

3. If necessary to reach a determination on the request for reasonable accommodation and consistent with fair housing laws, the community development director may request additional information from the applicant.

E. Required Findings. The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following findings can be made:

1. The dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person;

2. The requested accommodation is necessary to make housing available to a disabled person;

3. The requested accommodation will not impose an undue financial or administrative burden on the city; and

4. The requested accommodation will not require a fundamental alteration in the nature of the city’s zoning ordinance.

F. Written Decision.

1. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings required by subsection (E) of this section. All written decisions shall give notice of the applicant’s right to appeal and to request a reasonable accommodation in the appeals process. The notice of decision shall be sent to the applicant by certified mail.

2. The written decision shall be final, unless the applicant appeals the decision pursuant to CMC 17.64.080.

3. While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property shall remain in full force and effect.

G. Expiration.

1. A reasonable accommodation shall lapse if the exercise of rights does not occur within 180 days after the issuance of the final decision.

2. The rights conferred by an approved accommodation shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the director makes either of the following findings:

a. That such accommodation is physically integrated with the property and cannot feasibly be removed or altered; or

b. The property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling. The community development director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within 30 days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. (Ord. 20-10 § 11, 2020.)

17.33.060 Two-unit residential developments and urban lot splits in single-family residential zones.

A. Purpose – Applicability – Definitions – Interpretation.

1. Purpose. The purpose is to comply with California Government Code Sections 65852.21 and 66411.7 and appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones.

2. Applicability. The standards and limitations outlined in this section shall apply to SB 9 two-unit residential developments and urban lot splits within a single-family residential zone in the city, notwithstanding any other conflicting provisions of the Covina Municipal Code (“CMC”). In case of conflicts between the provisions of this section and any other provisions of the CMC, the provisions of this section shall prevail. If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

3. Definitions. The following terms shall have the following meanings:

a. “ADU” and “JADU” shall have the meanings ascribed to these terms in Chapter 17.69 CMC (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b. “New primary dwelling unit” shall mean creating a new, additional dwelling unit or expanding an existing dwelling unit. ADU or a JADU does not constitute a new primary dwelling unit.

c. “Single-family residential zone” includes the A-1, A-2, E-1, E-1/2, E-2-1/2, R-1-20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts.

d. “SB 9” means Senate Bill No. 9, Statutes of 2021, Chapter 162 (2021). The bill amended Government Code Section 66452.6 and added Government Code Sections 65852.21 and 66411.7.

e. “SB 9 two-unit residential development” shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing 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 primary unit.

f. “Urban lot split” shall mean a parcel map subdivision permitted according to the regulations outlined in Government Code Section 66411 that creates no more than two parcels of approximately equal size.

g. “Lot area” shall mean the total area measured horizontally within the lot lines and shall not have a slope steeper than 4:1 (four feet horizontal to one foot vertical).

4. Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The city shall not apply any requirement or development standard provided for in this section to the extent prohibited by any provision of state law.

B. Permit Application and Review Procedures.

1. Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

2. Review. Consistent with state law, the chief planning official will consider and approve or disapprove a complete application for an SB 9 two-unit residential development, or an urban lot split ministerially, without discretionary review or public hearing.

3. Nonconforming Conditions.

a. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected.

b. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

4. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until all required documents have been recorded and submitted to the city.

5. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the city, its officers, agents, employees, and consultants from all claims and damages (including attorneys’ fees) related to the approval and its subject matter.

6. Denial Based on Specific, Adverse Impacts. Notwithstanding anything else in this section, the building official may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes both of the following written findings, based on a preponderance of the evidence, that: (a) the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon either public health and safety or on the physical environment and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

C. Qualifying Requirements. A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements to qualify for a ministerial review according to the provisions of this section. The applicant shall be responsible to demonstrate to the reasonable satisfaction of the chief planning official that each of these requirements is satisfied. The applicant and each property owner shall provide a sworn statement, in a form approved by the chief planning official, attesting to all facts necessary to establish that each requirement is met.

1. The subject property shall be located within a single-family residential zone.

2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.

3. The proposed development shall not be located within a historic district or on the property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.

4. The proposed development shall not require the demolition or alteration of 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.

5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

6. The proposed development shall not involve the demolition of more than 25 percent of the exterior walls of an existing dwelling.

7. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.

8. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.

9. In the case of an urban lot split, the lot proposed to be subdivided (“subject lot”) is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.

10. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.

11. Except where superseded by this section, development shall comply with the objective standards of the zone in which the lot is located.

D. Number of Dwelling Units Permitted on a Lot.

1. Notwithstanding any other provisions of the CMC, state law requires the city to permit a lot located within a single-family residential zone to contain up to two primary dwelling units. The two units must be developed and maintained to comply with the requirements outlined in this section.

2. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subsection, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. Examples are as follows:

a. One primary dwelling unit and one ADU (detached or attached); or

b. One primary dwelling unit and one JADU; or

c. Two dwelling units.

The combination of two dwelling units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.

E. Separate Conveyance.

1. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.

2. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.

F. Residential Use Only. Nonresidential use is not permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.

G. No Short-Term Rentals Permitted. The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.

H. Housing Crisis Act Replacement Housing Obligations. If the proposed development results in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed according to subsection (d) of Government Code Section 66300.

I. Development and Objective Design Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the development and design standards outlined in this section. In addition, except as modified or provided by this section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as outlined in this section and all applicable objective standards and criteria contained in standard plans and specifications, policies, and standard conditions duly promulgated and adopted by the city, and the Los Angeles County fire department.

1. Development Standards.

Unit Size
Minimum for each dwelling	800 SF (square feet)	A legally established primary dwelling less than 800 SF may expand to up to 1,000 SF
Maximum for each dwelling	1,000 SF (square feet)	A legally established primary dwelling more than 1,000 SF shall not be expanded
Building Height (maximum)	16 feet	Height measured from the ground level to the highest point of the roof
Building Separation	6 feet	Between all detached structures: residential units, garages, accessory structures; and, comply with building codes
Front Yard Landscape Coverage (Maximum)	50 percent	Exclude the allowed standard driveway (12 feet wide) in the front yard

2. Setbacks.

a. The following are minimum setbacks from the property lines for each new primary dwelling unit and new detached garage and accessory structures:

Minimum Setbacks (feet)	Front	Rear	Interior Side	Street Side	Reverse Corner Side
New primary dwelling unit	25	4	4	12.5	15
New detached garage and accessory structures	25	4	4	12.5	15

b. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.

c. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:

i. No increased setback is required for an existing structure or for a new primary dwelling unit that is constructed in the same location and to the same dimensions as an existing structure.

ii. A required minimum setback may be reduced if it would physically preclude the development or maintenance of two dwelling units on a lot, or physically preclude any new primary dwelling unit from being 800 square feet in floor area, but must comply with building codes.

iii. Permitted Projections Into Required Yards. The following architectural features may project into any required setback a maximum of two feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and similar architectural projections with no floor area, including, but not limited to, windows and pilasters. Architectural projections must comply with distance separation from building walls or property lines as required by building codes.

3. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private open space of 200 square feet. The private open space area shall be open and unobstructed from the ground to the sky. The private open space may be located within the interior side or rear setback areas.

4. Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. Each development shall comply with Chapter 17.82 CMC, Water-Efficient Landscape Regulations.

5. Perimeter Block Walls. Each development shall provide a perimeter wall with a maximum height of six feet, as measured from the finished grade next to the wall, including any retaining wall portion and up to the top of the wall. Perimeter block walls shall comply with the following requirements:

a. All perimeter walls shall comply with the requirements as contained in CMC 17.26.180 through 17.26.210 (walls, fences, and hedges).

b. The property owner shall work with the adjoining property owners to design and construct the perimeter block walls to avoid double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.

c. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or split-face block, or a combination of said materials.

d. Perimeter walls within the 25 feet front yard setback area shall not exceed three feet in height from the finished surface.

6. Off-Street Parking.

a. Required Parking. Provide one off-street parking space for each new primary dwelling unit unless one of the following applies:

i. The lot is located within one-half mile walking distance of either (A) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, including Covina Metrolink Station, or (B) a major transit stop as defined in Section 21064.3 of the California Public Resources Code, including Foothill Transit Center.

ii. The lot is located within one block of a car-share vehicle location.

b. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.

c. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking. Open parking spaces may be located within the side or rear setbacks.

d. All required parking spaces shall be nine feet in width and 19 feet in depth, unobstructed.

e. Each enclosed garage shall maintain the minimum interior parking dimensions of nine feet in width by 19 feet in depth, unobstructed. No storage cabinets or mechanical equipment, including, but not limited to, water heaters, utility sinks, washers and dryers, solar power battery pack, or similar equipment, shall encroach into the required parking area.

7. Unit Design Standards.

a. If the lot contains an existing primary dwelling that was legally established prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the dominant feature of the roof.

b. If two new primary dwelling units are to be developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

c. Each new primary dwelling unit shall have the main entry clearly defined, and to the extent possible, shall orient directly toward the street(s) to provide consistency with the neighborhood. Provide a covered entry to the dwelling unit with a minimum depth of three feet. Each covered entry shall be proportionate to the building and incorporate architectural features consistent with the overall building design.

8. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area.

9. Water Heaters. Each new primary dwelling unit shall have a separate hot water facility. No exterior water heater enclosures shall be permitted.

10. Mechanical Equipment, Metering Devices. Roof-mounted mechanical equipment is not permitted. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan and, to the extent possible, be placed outside the required front setback area. If mechanical equipment or metering devices are located between a structure and the property line, provide an unobstructed three-foot-wide path.

11. Access and Circulation.

a. Provide adequate on-site vehicular access, circulation, back-up, and turn-around areas that comply with applicable city standards.

b. The minimum street frontage for a flag lot is 20 feet. If the lot depth of the new parcel in the rear (flag lot) is more than 150 feet, the minimum street frontage must be 25 feet.

c. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.

d. Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Los Angeles County fire department must confirm that all applicable fire and emergency access requirements are met before the city will approve an application.

12. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and nonrecyclable solid waste (“trash containers”) and shall be stored within designated storage areas only.

13. Utilities.

a. Each primary dwelling unit on a lot must have its direct utility connection to the utility/public service provider. However, all new utilities must be undergrounded.

b. The property owner/applicant must obtain all necessary and required easements for providing electricity, gas, water, sewer, and other utility or public service to the lot before issuing any permits for any dwelling unit, in compliance with subsections (J), (K) and (L) of this section.

c. Submitted plans shall show the location and dimension of all proposed above-ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.

14. Building and Safety. All structures built on the lot must comply with current local building standards.

15. Grading. Grading, filling, excavating and construction activities must comply with health and safety requirements of California Building and Grading Standards. The maximum encroachment into any four to one (4:1) or greater slopes shall not exceed a distance of six feet.

16. Drainage and Stormwater Management. Each lot will drain to the street or an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to city-maintained storm drains within the city right-of-way shall comply with applicable city standards. SB 9 two-unit residential developments and the development on lots created through an urban lot split are subject to Chapter 8.50 CMC (“Storm Water Quality and Urban Runoff Control”). They must comply with all applicable, related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.

17. Exceptions to Objective Standards.

a. The chief planning official shall approve an exception to any of the standards specified in this section or any applicable objective zoning, subdivision, or design standards upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area to the extent necessary to allow the development of two primary residential units (800 square feet each) on a lot according to this section. The city prioritizes some objective development standards over others, as provided in the priority below. In applying the exceptions required by this section, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two 800-square-foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. The city prioritizes the following standards in the following descending order of priority, with the first development standard listed having the highest priority:

i. Lot width;

ii. Building height;

iii. Front setback;

iv. Maximum front setback coverage (50 percent);

v. Open space (200 square feet);

vi. Lot coverage (50 percent).

b. The following standards and requirements of this section will not be waived or modified:

i. Building code requirements;

ii. Federal requirements; and

iii. Other standards imposed by state law, including but not limited to SB 9.

c. As part of its application, the applicant shall provide a written explanation that (i) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (ii) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area, and (iii) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.

J. Additional Requirements for Urban Lot Splits.

1. Approval. An application for a parcel map for an urban lot split is approved or denied ministerially, by the chief planning official, without discretionary review.

2. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing provisions in the CMC, except as otherwise provided in this section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of off-site improvements is required solely for an urban lot split.

3. Lot Size and Lot Area. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area; provided, that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet. Lot area must comply with the definition contained in CMC 17.04.360.

4. Easements.

a. The owner must enter into an easement agreement with each utility/public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the lots resulting from the urban lot split (“resulting lots”).

b. Each easement must be shown on the tentative parcel map and the final parcel map.

c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel is approved and recorded with the office of the county recorder.

5. Lot Access.

a. Each resulting lot must adjoin the public right-of-way.

b. Each resulting lot must have frontage on the public right-of-way of at least 20 feet. If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.

6. Improvements Required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the city, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the city’s approval of such related improvement plans and all related entitlements or other approvals required by this code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the city in accordance with the applicable requirements of this code.

7. Required Affidavit. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the applicant for a parcel map for an urban lot split must sign an affidavit provided by the city stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the final parcel map for the urban lot split is approved.

K. Compliance with Emergency Access and Service Requirements. Development of a lot pursuant to this section must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Los Angeles County fire department intended to ensure sufficient emergency access is provided or maintained. Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide city with written confirmation from the Los Angeles County fire department that the proposed development complies with all such requirements.

L. Deed Restriction. Prior to approval of a parcel map for an urban lot split or the issuance of a building permit, whichever comes first, for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction (“deed restriction”) recorded against the property, which is in a form prepared by and acceptable to the chief planning official, and that does each of the following:

1. Rental Terms. Expressly requires that the rental of any dwelling unit on the property shall be for a term longer than 30 consecutive days.

2. Expressly prohibits any nonresidential use of the lot.

3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

5. Expressly prohibits condominium airspace divisions and common interest developments on the property.

6. States that the property was formed and developed according to the provisions of SB 9 and this section and is therefore subject to the city regulations outlined in this section, including all applicable limits on dwelling size and development.

7. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

8. Expressly prohibits any subsequent urban lot split for lots that were previously created by an urban lot split under SB 9.

9. States (a) that the deed restriction is for the benefit of and is enforceable by the city; (b) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (c) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (d) that, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys’ fees and court costs; and (e) that the deed restriction may not be modified or terminated without the prior written consent of the chief planning official.

M. Fees. Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the city.

N. Objective Standard Conditions. The chief planning official is authorized to promulgate objective standard conditions implementing this section, which are consistent with applicable provisions of CMC and state law, that shall apply to the application and development of two-unit developments and urban lot splits, and to publish such standard conditions on the city’s internet website. Applicants must comply with all objective standard conditions duly promulgated by the chief planning official and published on the city’s internet website.

O. Expiration of Approval. The approval of an SB 9 two-unit residential development shall become null and void if construction is not commenced within two years of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire. (Ord. 23-02 § 13, 2023.)