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HomeMy WebLinkAboutUrgency ORD 05 (2021)ORDINANCE NO. 05 (2021) AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO SENATE BILL 9 WHEREAS, California Government Code section 36937(b) authorizes the City Council to adopt, as an urgency measure, an interim ordinance for the immediate preservation of the public peace, health or safety; and WHEREAS, in 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 ("SB 9") which, among other things, adds Section 65852.21 and 36411.7 to the Government Code enacting new limits on local authority to regulate urban lot splits and two -unit projects on land otherwise zoned for single-family development; and WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for two -unit residential developments and urban lot splits; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city ordinance; and WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects governed by SB-9; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 9 because the City currently lacks adequate local objective standards to regulate projects governed by SB 9, meaning that if the City does not immediately adopt appropriate objective standards for two -unit residential developments and urban lot splits that are consistent with SB 9, then as of January 1, 2022, the City's review of such projects would be limited to application of the few objective standards that current exist in the Diamond Bar Municipal Code (including Title 21, Subdivisions, and Title 22, Zoning) and which did not anticipate two -unit residential developments and urban lot splits as contemplated by SB 9, and thus the Code lacks the objective standards necessary to protect and preserve the local community; and WHEREAS, the approval of urban lot splits and two -unit projects based solely on the default standards currently in the City's Code, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective as of January 1, 2022; and Ordinance No. 05 (2021) WHEREAS, the City Council finds and declares that this ordinance is necessary and appropriate to protect the health, safety, and general welfare of the community, and all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS. Section 1. The facts set forth above are true and correct, and incorporated into this Ordinance as substantive findings. Section 2. Under California Government Code sections 65852.21, subdivision Q), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and .65852.21 and regulating two -unit projects and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. The ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multifamily residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. The ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project. Section 3. This Ordinance (Exhibit A) shall govern the two -unit residential development and urban lot split and two -unit process pursuant to the provisions of SB 9 until such time that the Diamond Bar Municipal Code is amended to incorporate the standards contained herein or such other or different standards as may be enacted by subsequent ordinance of the City Council. Section 4. This ordinance shall take effect on January 1, 2022, and concurrently with the effective date of SB 9. 2 Ordinance No. 05 (2021) Section 5. The City Council hereby declares, on the basis of the findings set forth above, that urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section 6. Severability. If any section, clause, phrase, word or portion %J this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 7. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective immediately upon adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this 21St day of December, 2021. CITY OF DIAMOND BAR: Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council %J the City of Diamond Bar held on the 21st day of December, 2021, and was duly passed and adopted the same day, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: LiuLyons, Tye, MPT/Chou, M/Low None Kristina Santana, City Clerk �3 ORDINANCE NO. 05 (2021) EXHIBIT "A" SB 9 TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS 1. Purpose, Applicability, Definitions, Interpretation. A. Purpose. The purpose of this Urgency Ordinance is to appropriately regulate qualifying SB 9 two -unit residential developments and urban lot splits within single. family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7 (SB 9) B. Applicability. The standards and limitations set forth in this Urgency Ordinance shall apply to urban lot splits and the development and use of SB 9 two -unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of the Diamond Bar Municipal Code ("DBMC"). In the event of a conflict between the provisions of this Urgency Ordinance and any provision of the DBMC code, the provisions of this Urgency Ordinance shall prevail. C. Definitions. As used in this Urgency Ordinance, the following terms shall have the following meanings: 1. The terms "ADU" and "JADU" shall have the meanings ascribed to these terms in DBMC Section 22.42,120, 2. The term "bungalow court" means a site plan configuration in which dwelling units are arranged around a central, landscaped pedestrian courtyard. The entrances to dwelling units comprising a bungalow court face the courtyard, although the units closest to the street may have entrances that face the street. All dwelling units comprising a bungalow court utilize the same architectural style and color/material palette, although each dwelling unit may have entry design elements that distinguish it from the other dwelling unit entrances. 3. The term "City Engineer" means the City of Diamond Bar Public Works Director/City Engineer, or his or her designee. 4. The term "Director" means the City of Diamond Bar Community Development Director, or his or her designee. 5. The term "guest house" shall have the meaning ascribed to this term in DBMC Section 22.80.020(g). 6. The term "primary dwelling unit" means a dwelling unit as defined in DBMC Section 22,80,020, but does not include an ADU, a JADU or a guest house. 7. The term "individual property owner" means a natural person holding fee title individually orjointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) 1 Exhibit A - Ordinance No. 05 (2021) except for a community land trust (as defined by Revenue and Taxation Code Section 402. 1 (a)(1 1)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15). 8. The term "single-family residential zone" shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the RR, RL and RLM zoning district and any property within a planned development district or a specific plan area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple - family dwelling is not a permitted or conditionally permitted use. 9. The term "SB 9 two -unit residential development" shall mean a housing development containing two primary residential units on a lot within a single- family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this chapter. An SB 9 two -unit residential development consists of either two new primary dwelling units, or an existing primary dwelling unit and a new primary dwelling unit. 10. The term "SB 9 unit" shall have the same meaning as a primary dwelling unit. 11. The term "urban lot split" shall have the same meaning as stated in California Government Code Section 66411.7. D. Interpretation. The provisions of this Urgency Ordinance 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 urgency ordinance to the extent prohibited by any provision of state law. 2. Permit Application and Review Procedures. A. Application. An applicant for an SB 9 two -unit 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. B. Review. Consistent with state law, the Director will consider and approve or disapprove a complete application for an SB 9 two -unit development or an urban lot split ministerially, without discretionary review or public hearing. C. Nonconforming Conditions. An SB 9 two -unit residential development may only be approved if all nonconforming zoning conditions are corrected. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split. D. 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 the City has confirmed that all required documents have been recorded. E. 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/or 2 Exhibit A - Ordinance No. 05 (2021) consultants from all claims and damages (including attorneys fees) related to the approval and its subject matter. F. Specific, Adverse Impacts. Notwithstanding anything else in this section, the Director may deny an application for an SIB 9 two -unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that 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, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 3. G�uaiiiying Requirements. A proposed urban lot split or SB 9 two -unit residential development must meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this Urgency Ordinance. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met. The City may conduct its own inquires and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the Director in his or her reasonable discretion. A. The subject property shall be located within asingle-family residential zone. B. 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 659013.4, 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. C. The proposed development shall not be located within a historic district or on 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. D. 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. 3 Exhibit A - Ordinance No. 05 (2021) E. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control. F. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years. G. If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three (3) years, the proposed development shall not involve the demolition of more than 25 percent of the existing exterior structural walls of any housing unit on the lot. N. The subject property shall be owned solely by one or more individual property owners. 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. J. 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. K. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the lot. 4. Permitted Locations. A lot on which an urban lot split or SB 9 two -unit residential development is proposed must be located within a single-family residential zone. A lot located within a multiple - family or mixed -use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two -unit residential development pursuant to this chapter. 5. Number of Dwelling Units Permitted on a Lot. A. Notwithstanding any other provisions of the DBMC, state law requires the City to permit a lot located within asingle-family residential zone to contain two SB 9 units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this Urgency Ordinance. B. Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through an SB 9 two -unit residential development in conformance with this Urgency Ordinance does not preclude the development or maintenance of one or more ADUs and/or JADUs on the lot to the extent permitted by DBMC Section 22,42,120 and state law. Exhibit A - Ordinance No. 05 (2021) C. No more than two (2) dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two -unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. 6. Separate Conveyance. A. 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. B. Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two lots share a driveway, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two lots ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the City will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Urgency Ordinance and the DBMC. C. Condominium airspace divisions and common interest developments are not permitted on a lot created through Cl" urban lot split or containing Cl" SB 9 two -unit residential development. 7. Residential Use Only. No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 two -unit residential development. 8. No Short -Term Rentals Permitted. No dwelling unit on a lot created through an urban lot split or containing an SB 9 two -unit residential development may be rented for a period of less than 30 days. 9. Housing Crisis Act Replacement Housing Obligations. 5 Exhibit A - Ordinance No. 05 (2021) If the proposed development will result 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 pursuant to subsection (d) of Government Code Section 66300. 10. Property Maintenance Standards. SB-9 two -unit residential developments and urban lot splits shall be subject to the property maintenance standards of DBMC Section 22,34,030. 11. Development Standards and Design Criteria. A. Development 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 standards and criteria set forth in this Urgency Ordinance. 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 set forth in this title and/or in an applicable specific plan or planned development ordinance or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by the City, the Los Angeles County Sanitation District, and the Los Angeles County Fire Department. B. Unit Size. 1. Minimum Size. Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided: a. Studio or one bedroom: 500 square feet. b. More than one bedroom: 700 square feet. 2. Maximum Size. a. The total floor area of each new primary dwelling unit developed as part of an SB 9 two -unit residential development or on a lot created through an urban lot split shall not exceed 800 square feet. b. A primary dwelling that was legally established on the lot prior to the submittal of a complete application for an SB 9 two -unit development or an urban lot split and has a total floor area of 800 square feet or more shall be limited to its current lawful floor area and may not be expanded. C� Exhibit A - Ordinance No. 05 (2021) c. A primary dwelling that was legally established prior to the submittal of a complete application for an urban lot split or an SIB 9 two -unit residential development and that is smaller than 800 square feet may be expanded to 800 square feet. C. Unit Height; Stories. Each new primary dwelling unit shall be one story, constructed at ground level, and shall not be more than 17 feet in height measured from ground level to the highest point on the roof. D. Setbacks. 1. New Primary Dwelling Units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Setbacks for detached garages and accessory structures shall comply with DBMC Section 22.42.110, Table 3-15. The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions. a. Front Setback: i. RR zone: 30 feet ii. RURLM zone: 20 feet b. Interior Side Setback: 5 feet c. Street Side Setback: 10 feet d. Rear Setback: 15 feet from the property line or buildable pad on a descending slope whichever is applicable 3. 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. 4. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances: a. No increased setback is required for an existing legally established structure or for a new primary dwelling unit that is constructed in the same dimensions as an existing legally established structure, provided that the new primary dwelling unit shall not be greater than 800 square feet. 7 Exhibit A - Ordinance No. 05 (2021) b. A required minimum setback may be reduced pursuant to subsection V of this section to the degree it would (i) physically preclude the development or maintenance of two dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. c. Permitted Intrusions. The following permitted intrusion 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 architectural projections with no floor area, including, but not limited to, windows and pilasters. E. Building Separation. Building and structure separations shall be subject to the minimum requirements set forth by the Title 15 of the DBMC. F. Lot Coverage. The maximum lot coverage shall not exceed 30% in the RR zone, and 40% in the RL and RLM zones. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas. G. Maximum Front Setback Coverage. No more than 50% of the front setback area may contain hardscape, including the allowed standard driveway in the front yard. H Landscaping. 1. 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 the landscaping and irrigation requirements contained in DBMC Chapters 8.14, 22.24 and 22.26. 2. At least two (2) branched trees, sized at 24-inch box or larger at the time of installation, or with Cl minimum DBH of six (6) inches if existing, shall be provided in the front yard or street -facing side yard of an SIB 9 two -unit residential development, and maintained in perpetuity. Fences, Hedges and Walls. Fences, delineationlandscapingretaining and , , Chapter 22.20. J. Off -Street Parking. hedges and walls for privacy, property similar purposes shall comply with DBMC 1. Required Parking. One off-street parking space shall be provided for each new primary dwelling unit unless one of the following applies: 0 Exhibit A - Ordinance No. 05 (2021) a. The lot is located within one-half mile walking distance of either (i) a high -quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code. b. The lot is located within one block of a car -share vehicle location. 2. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. 3. Required parking for new primary dwelling units may be provided within an enclosed garage or as open spaces on the lot, but not as tandem parking. Open spaces may be located within the side or rear setbacks, and in the front setback driveways, provided that such spaces to not block access to or from required parking for other SIB 9 units. 4. All required parking spaces shall comply with the size requirements for residential uses set forth in DBMC Section 22.30.070, Table 3.11. 5. Any proposed enclosed garage shall meet the following standards: a. No storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washers and dryers, shall encroach into the required parking area. b. The garage shall be equipped with an automatic roll -up garage door opener. c. Each garage shall maintain the ability to park the required number of vehicles at all times. K. Unit Design Standards. 1. Siding Material. a. Siding material shall consist of stucco, wood, brick or stone. Synthetic materials of similar appearance and equivalent durability shall be permitted. b. Stucco shall have a light sand, medium sand, or smooth troweled texture. c. Non -stucco siding material in combination with stucco on the same wall plane shall extend vertically downward at least to the weep screed, and vertically upward to a minimum height of 36 inches Exhibit A - Ordinance No. 05 (2021) above finished grade, and shall be terminated by a decorative cap treatment. d. Siding materials shall extend continuously in horizontal directions, and may only terminate at inside corners of vertical plane breaks or below the top of an intersecting fence. 2. Roofs. a. All roof forms shall have a minimum pitch of 3:12. b. All roof overhangs shall extend at least twelve (12) inches from the abutting wall plane. c. Roof forms shall be articulated to match the vertical articulation of the wall planes directly below. d. Roof plans shall not incorporate crickets. 3. No exterior wall may extend horizontally more than 24 feet without an offset of the entire wall plane of at least two (2) feet for not less than eight (8) feet in horizontal distance. 4. Each building containing one or more SB 9 units, whether comprising an SB 9 two -unit residential development or developed on parcels created through an urban lot split, shall maintain an individual color scheme that is not repeated among the primary dwelling buildings, unless such development is designed as a bungalow court. 5. All exterior lighting, except lighting used to illuminate SB 9 unit entrances, shall be limited to down -lights. The top of an SB 9 unit entrance light housing shall not be higher than 90 inches above the base of the entrance door threshold and shall not exceed 185 lumens. 6. Each new primary dwelling unit shall have a main entry that is covered with a minimum depth of three feet. a. For a recessed entry, the minimum depth shall be measured as the distance between the exterior surface of the door jamb and the exterior surface of the surrounding parallel wall plane. The outer frame of the entry shall have a decorative surround, consisting of minimum eight -inch (8") wide vertical members and a minimum twelve -inch (12") tall pediment or crosshead. b. For a projecting entry, the minimum depth shall be measured as the distance between the exterior surface of the door jamb and the vertical axis (midpoint) of the outermost supporting posts or columns. The entry shall have a solid roof that matches the slope of the dominant roof pitch. 7. Each window on each elevation shall have a decorative surround or casing. a. A protruding casing or surround shall be at least three inches wide and project by at least two inches from the adjacent exterior wall. The flange of a vinyl window casing shall not count toward the width 10 Exhibit A - Ordinance No. 05 (2021) or depth of the surround. The surround shall have a contrasting color from the adjacent exterior wall by at least two shades on a standard color chip. Architectural foam trim shall have a smooth or woodgrain embossed texture. inset casing or surround shall be recessed from the adjacent exterior wall by a depth of at least six inches between the exterior surface of the exterior wall and the exterior surface of the glazing. 8. Garage Doors. a. Each garage door shall either be paintable and painted to match the trim color of the garage exterior, or have a factory finish that either matches the trim color of the garage exterior or has the appearance of dark stained wood. b. Each garage door opening shall be framed with a decorative surround, consisting of minimum eight -inch (8") wide vertical members and a minimum twelve -inch (12") tall pediment or crosshead. 9. Rain gutters and downspouts shall either be painted to match the trim color of the building on which they are mounted, or have a factory finish specified by the manufacturer to mimic bronze, copper, bronze patina or copper patina. L. Storage Facilities. Each new primary dwelling unit shall provide a minimum 144 cubic feet of private secure storage space. Normal closets and cupboard space located within the unit shall not count toward meeting the requirement. M. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located wn the unit or wn 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. N. Water Heaters. Each new primary dwelling unit shall have a separate hot water. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters provided all building codes are complied with. O. Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from neighboring properties and public rights of way. All ground mounted equipment and above -ground utility meters, including, but not limited to, heating, 11 Exhibit A - Ordinance No. 05 (2021) 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 of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and an interior property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line. P. Access and Circulation. 1. Each development shall be designed to provide adequate on -site vehicular access, circulation, back-up, and turn -around areas that comply with all the applicable City standards. 2. Where the street frontage of a lot (or the combined single street frontage of the two lots created through an urban lot split) is less than 81 feet, all units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway. No more than two drive approaches shall serve an SIB 9 two -unit development, urban lot split, or any combination thereof. 3. The minimum distance of a driveway to the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street, shall be subject to adopted Public Works standards. 4. Driveways shall maintain a minimum width of 20 feet, unless a wider width is required for emergency access. 5. 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. Q. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organic and green waste, and non -recyclable solid waste ("trash containers") as required by the City's franchise waste hauler, and shall comply with the following: 1. Trash containers shall be stored within designated storage areas only and not within the required garage parking area. Trash container areas shall be visually screened from public view. 2. The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, is subject the requirements of DBMC Section 8.15.550. 3. The area required for each container shall be a minimum of 38 inches by 38 inches. 12 Exhibit A -Ordinance No. 05 (2021) 4. The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street. R. Utilities. 1. Each primary dwelling unit on a lot shall have its own direct utility connection to the utility/public service provider. 2. All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner/applicant. The City may condition approval of an application under this section upon the applicant providing evidence that such easements have been agreed to and/or recorded. 3. 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. S. Building and Safety. All structures built on the lot shall comply with all current local building standards. T. Drainage and Stormwater Management. Each lot shall drain to the street or to 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 of lots created through an urban lot split are subject to Division 5 (Storm Water and Urban Runoff Pollution Control) of DBMC Chapter 3.12 (Environmental Protection), and shall 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. U. Address Identification. Each residential unit shall have a separate address and shall be provided with approved address identification that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with City standards shall be used to identify the unit. Where required by the Fire Department, address identification shall be provided in additional approved locations to facilitate emergency response. V. Exceptions to Objective Standards. 13 Exhibit A - Ordinance No. 05 (2021) 1. Any objective zoning, subdivision, or design standard that would have the effect of physically precluding the construction of up to two primary residential units on a lot or that would physically preclude each new unit from being 800 square feet in floor area shall be modified or waived to the extent necessary to allow the development of two primary residential units on a lot pursuant to this chapter that are each 800 square feet in floor area. The City prioritizes some objective development standards over others, as provided in subsection 2, below. In applying the exceptions required by this subsection, 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. 2. Priority of Development Standards. The City prioritizes the following development standards in the following ascending order of priority, with the first development standard listed having the lowest priority: a. Minimum primary dwelling unit size. b. Lot coverage (30% in the RR zone; 40% in the RL and RLM zones). c. Side or rear setback (a minimum of 4 feet must be maintained). d. Maximum front setback hardscape coverage (50% including driveway). e. Front setback. f. Height; Stories. 3. This subsection shall not be interpreted to permit the construction of new garages or accessory structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two 800 square foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures. 4. Building standards, standards required by federal, state or local law or for sanitation or safety reasons, the off-street parking requirements in subjection J of this section, and the lot size, access, and frontage requirements set forth in Section 11 will not be waived or modified unless otherwise required by state law. 5. As part of its application, the applicant shall provide a written explanation that (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (b) 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 14 Exhibit A - Ordinance No. 05 (2021) area, and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection. 12. Additional Requirements for Urban Lot SPlits A. Approval. Notwithstanding the Subdivision Map Act or any other provision of DBMC Title 21 (Subdivisions), an application for a parcel map for an urban lot split is approved or denied ministerially, by the City's community and economic development director, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of DBMC Title 21 and applicable objective requirements of this Urgency Ordinance and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. B. Guidance and Procedures. The City Engineer has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law. C. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in Title 21 (Subdivisions) of the DBMC code, except as otherwise provided in this Urgency Ordinance. Notwithstanding the foregoing, no dedication of rights -of -way or construction of offsite improvements is required solely for an urban lot split. D. Lot Size. 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 shall each be no smaller than 1,200 square feet. E. Easements. 1. 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 resulting lots. 2. Each easement shall be shown on the tentative parcel map and the final parcel map. 3. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements must be recorded against the property before the final parcel map may be approved. D. Lot Access. 15 Exhibit A - Ordinance No. 05 (2021) 1. Each resulting lot shall adjoin the public right-of-way. 2. Each resulting lot shall have frontage on the public right-of-way of at least 25 feet. E. Improvements Required. Each resulting lot shall 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 the DBMC and this Urgency Ordinance. F. Required Affidavit. 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. If the owner of the subject lot also owns or previously owned other property elsewhere in the State of California that has also been subject to an application for an urban lot split within the three years preceding the application, such information may serve as evidence that the owner does not intend to occupy one of the dwelling units on the property as the owner's principal residence and result in rejection of the application.. 13. Compliance with Emergency Access and Service Requirements. Development of a lot pursuant to this Urgency Ordinance shall conform and comply with all applicable provisions of the DBMC Chapter 16.00 (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 the City with written confirmation from the Los Angeles County Fire Department that the proposed development complies with all such requirements. 14. Deed Restriction. Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two -unit residential development, the owners) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against 16 Exhibit A - Ordinance No. 05 (2021) the property, which is in a form prepared by and/or acceptable to the Director, and that does each of the following: A. Expressly requires the rental of any dwelling on the property for a term longer than 30 days. B. Expressly prohibits any non-residential use %J the lot. C. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another. D. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot. E. Expressly prohibits condominium airspace divisions and common interest developments on the property. F. States that the property was formed and/or developed pursuant to the provisions of the DBMC and this Urgency Ordinance and is therefore subject to the city regulations set forth in the DBMC and this Urgency Ordinance, including all applicable limits on dwelling size and development. G. Expressly prohibits more than two (2) dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split. H. States (i) that the deed restriction is for the benefit of and is enforceable by the city, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property, (iv) that, if the City is required to bring legal action to enforce the deed restriction, thcn iho city shall be cntiticd -iv its ai'rorncyu i`ccs and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director. 15. 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. 16. Objective Standard Conditions. The Director is authorized to promulgate objective standard conditions implementing this Urgency Ordinance, which are consistent with the DBMC 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 shall comply with all standard conditions duly promulgated by the Director and published on the City's Internet website. 17 Exhibit A - Ordinance No. 05 (2021) 1 to Expiration of Approval. The approval of an SB 9 two -unit residential development shall expire and become null and void if construction is not commenced within one (1) year 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. fiE:3