EXHIBIT A
AMENDED CMC
Title 19 Zoning, of the Camarillo Municipal Code is hereby amended by adding a new Chapter 19.3 7 RESIDENTIAL DEVELOPMENT IN COMMERCIAL ZONES as follows:
19.37.010 – Intent and purpose.
The purpose of this Chapter is to regulate the development of housing development in commercial zones within the City to the extent permitted by State law. The City recognizes the importance of housing production to address the housing crisis in the State and adopts Government Code Sections 65852.24 (Middle Class Housing Act of 2022) and 65912.100, et. seq. (Affordable Housing and High Roads Jobs Act of 2022), as may be amended from time to time. The State legislature has declared housing production in commercial zones as an essential tool in alleviating the housing crisis in the State.
Title 19 Zoning, Chapter 56 ACCESSORY DWELLING UNITS, of the Camarillo Municipal Code is hereby amended as follows:
19.56.010 - Intent.
The city recognizes the importance of affordable housing and an attractive, suitable living environment for all residents. The state legislature has declared that accessory dwelling units (ADUs) are a valuable form of housing in California. This Chapter adopts Government Code Sections 65852.2 and 65852.22 , as may be amended from time to time, which impose a State mandate that the City implement regulations governing ADUs and Junior Accessory dwelling units. It is the intent of this chapter to permit ADUs, in conformance with state State law, in designated zones subject to such local standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods in a manner consistent with the city’s general plan, including the community design element.
19.56.020 - Definitions.
The following terms when used in this chapter will have the meanings provided in this section:
“Accessory dwelling unit ” or “ ADU” means a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence that may be either a single -family or multifamily dwelling. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes: (a) an “efficiency unit” as defined in Health and Safety Code section 17958.1; and (b) a “manufactured home” as defined in Health and Safety Code section 18007.
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Attached ADU” means an ADU that:
1. shares at least one common wall with the primary dwelling unit at least 10 feet in length; and
2. is not fully contained within the existing space of the primary dwelling unit.
“Detached ADU” means an ADU that does not share a common wall with the primary dwelling unit and is not an internal ADU.
“Internal ADU” means an ADU that is fully contained within the existing space of the primary dwelling unit or an accessory structure.
“Junior ADU” or “JADU” means an ADU that is no more than 500 square feet in size and contained entirely within a primary dwelling unit.
“Public transit” means the Camarillo Metrolink station, or a fixed bus route with regular service covering a significant portion of the city that is not a subscription service.
“Two-story attached ADU” means an attached ADU that is configured as either:
1. two stories of living space or a structure more than 16 feet tall attached to the primary dwelling unit; or
2. located on the second story above the ground floor of the primary single- family residence.
19.56.030 - Permitting process.
A. When Consistent With Standards.
1. An ADU that complies with all standards in this chapter will be approved ministerially with an administrative zone clearance. No discretionary review or public hearing is required.
2. If a single-family or multifamily dwelling exists on the parcel upon which an ADU is proposed, the city will act onapprove or deny an application to create an ADU within 60 days from the date the city receives a completed application. If the applicant requests a delay in writing, the 60-day time period will be tolled for the period of the delay.
(a) The city has acted approved or denied on the application if it:
(1) approves or denies the administrative permit for the ADU;
(2) informs the applicant in writing articulating that the changes to the proposed project that are necessary
to comply with this chapter; or
(3) determines that the ADU does not qualify for
ministerial approval.
3. If the ADU application is submitted with a permit application to create a new single -family dwellingor multi-family dwelling on the parcel, the city may delay acting onapproving or denying the ADU application until the city acts on approves or denies the permit application for the new single-family or multi-family dwelling.
B. Two-Story ADUs. A two-story ADU requires approval of a plan review in accordance with code chapter 19.67.
C.B. When Dependent on Separate Construction.
When a proposed ADU is dependent on the construction of a new building or new portion of asingle-family or multifamily dwelling on the same lot building which is not a part of the ADU (“separate construction”), the city will either:
1. Accept and begin processingReview and approve or deny the ADU application only after acting onapproving or denying an application for the proposed separate construction; or
2. Upon written request from the applicant, review and act onapprove or deny the ADU application together with the separate construction application. as part of a single application. In this case, the ADU is subject to the same review procedures and requirements as the separate construction ministerial review, but may not be approved until after the approval of the separate construction application and may not be occupied until a certificate of occupancy is issued for the separate construction. In the case of a denial, the City will inform the applicant in writing and articulate the changes to the proposed ADU application that are necessary to comply with this chapter.
D.C. Variance from Standards. No variance from any requirement of this chapter may be approved, nor will any application for such a variance be accepted for processing through administrative review of an ADU by the community development department. Should a variance from any requirement of this chapter be requested, review of the application by the planning commission will be required pursuant to Chapter 19.66 of this code.
19.56.040 - Permitted zones and lots.
ADUs are permitted:
A. In any district where single-family or multifamily dwellings are a permitted use; and
B. On any legal lot with an existing or proposed single-family or multifamily dwelling.
19.56.050 - Permitted numbers of ADUs on a legal lot.
A. Single-Family Parcel.
1. One internal or attached ADU, or one JADU, is permitted per parcel with a proposed or existing single-family dwelling.
2. One detached, new construction or conversion of an existing structure, ADU is permitted for a parcel with a proposed or existing single-family dwelling. The detached ADU may be combined only with a JADU as provided in subsection (A)(1) above.
B. Multifamily Parcel.
1. At least one internal ADU is permitted within an existing multifamily dwelling structure up to a maximum of 25 percent of the existing number of multifamily units within the portions of an existing multifamily dwelling structure that are not used as livable space; and
2. Not more than two detached ADUs may be located on a parcel that has an existing multifamily dwelling.
19.56.060 - ADU development standards.
The following development standards apply to ADUs:
A. Maximum Size.
1. The maximum size of an internal or attached ADU with one bedroom or less may not exceed 850 square feet.
2. The maximum size of an internal or attached ADU with more than one bedroom may not exceed 1,000 square feet, or 1,200 square feet if the lot is one or more acres in size.
3. The maximum size of a detached ADU is as follows:
(a) 850 square feet if one bedroom or less;
(b) 1,000 square feet if more than one bedroom, or 1,200 square feet if the lot is one or more acres in size; or (c) 800 square feet if combined on a lot with a JADU.
B. Minimum Size. The minimum size of an internal, attached, or detached ADU must be no less than the minimum size necessary for the creation of an efficiency unit.
C. Maximum Height.
1. No A detached ADU may not be more thanexceed 16 feet in height, as measured from finished grade , on a lot with an existing or proposed single family or multifamily dwelling unit . A two -story attached ADU will require approval of a plan review.
2. A detached ADU may not exceed 18 feet in height as measured from finished grade on a lot with an existing or proposed single family or multifamily dwelling unit that is within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the California Public Resources Code. Additionally, within a half -mile walking distance of a major transit stop or a high-quality transit corridor an additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the
primary dwelling unit.
3. A detached ADU may not exceed 18 feet in height as measured from finished grade for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
1.4. No ADU may be more than 25 feet in height as measured from finished grade for an ADU that is attached to the primary dwelling.
No ADU may exceed two-stories.
C.D. Setbacks and Lot Coverage.
1. An ADU must conform to the development standards for the underlying zone, including, but not limited to, standards for front, rear and side setbacks of at least four feet, and lot coverage.
Notwithstanding the prior sentence, no applicable lot coverage, floor area ratio, front setbacks, or private open space standards will prohibit an ADU that does not exceed 800 square feet of floor area, a height of no more than 16 feet, and has four-foot side and rear yard setbacks, provided the ADU complies with all other applicable standards of this chapter. An ADU that is permitted to encroach into a required front yard setback may not encroach into such setback beyond that required to maintain an 800-square-foot ADU.
2. No additional setback is required for an existing living area or an accessory structure that is converted into an ADU or a portion of an ADU.
D.E. Building and Other Related Codes. An ADU must comply with all applicable building, health and fire codes, except that an ADU is not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit. Additionally, the construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.
E.F. Driveway Access. An ADU must be served by the same driveway access to the street as the existing primary dwelling unit, unless the ADU has access from a public alley contiguous to the lot, or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. No vehicular access via a bridle trail is permitted.
F.G. Entrances. An attached or internal ADU must have a separate entrance to the ADU, which must be located on the side or at the rear of the primary dwelling unit and may also be served by a common entrance with the primary dwelling unit. No ADU will be required to provide a new passageway from the ADU to the street.
G.H. Expansion of Existing Structure. An internal ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing primary dwelling or accessory structure; provided, however, any expansion beyond the physical dimensions of the
existing primary dwelling or accessory structure will be limited to accommodating ingress and egress.
H.I. Exterior Stairs. Exterior stairs should be located at the side or the rear of the primary dwelling to limit visibility from any public street.
I.J. Manufactured Homes and Prefabricated Homes.
1. A manufactured home is allowed as an ADU provided that it meets the following requirements:
(a) provides a minimum of 320 square feet of floor area; (b)(a) is built on a permanent chassis;
(c)(b) is designed for use as a single-family dwelling with or without a foundation when connected to the required
utilities; and
(d)(c) includes plumbing, heating, air conditioning, and electrical systems within the home.
2. A prefabricated or modular home is allowed as an ADU.
J.K. Other Buildings and Structures. Any other building or structure constructed on the lot concurrent with or subsequent to the construction of an ADU under this chapter must comply with all applicable development standards of this title.
K.L. Replacing or Converting Existing Structures.
1. An internal ADU may be constructed within the existing structure regardless of whether such structure conforms to the current zoning requirement for building separation or setbacks.
2. If an existing structure is demolished and replaced with an ADU, an ADU may be constructed in the same location and to the same dimensions as the demolished structure.
3. If any portion of an existing structure crosses a property line, the structure may not be converted to or replaced with an ADU. For an existing structure within four feet of a property line, the applicant must submit a survey demonstrating that the structure does not cross the property line.
L.M. Utility Services.
1. All ADUs must be connected to public utilities, including water, electric, and sewer (or on-site septic) services and all such connections are subject to state law and the requirements of the serving utility provider.
2. Except as provided in subsection (3) below, the city may require the installation of a new or separate utility connection between the ADU and the utility. The connection fee or capacity charge must be proportionate to the burden of the proposed ADU based on either
its square feet or the number of drainage fixture unit values as defined in the Uniform Plumbing Code.
3. No separate connection between an ADU and the utility will be required for an internal ADU within a single-family dwelling, unless the ADU is being constructed in connection with a new single - family dwelling.
M.N. Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource, as defined in Chapter
16.42 (Historic Preservation), for an attached ADU must be inset or separated by a connector that is offset at least 18 inches from the parallel side or rear building wall to distinguish it from the historic structure.
19.56.070 - ADU design standards.
Design of an attached or detached ADU will be administratively reviewed by the community development department under the following objective standards:
A. The design, color, slope, and, material, and texture of the roof must be substantially the same as the primary dwelling unit.
B. The color and, material, and texture of all building walls must be similar to, and compatible with,the same as the primary dwelling unit.
C. The architectural style of the ADU must be the same or similar to the primary dwelling unit, or, if no architectural style can be identified, the design of the ADU must be architecturally compatible with the primary dwelling unit.
19.56.080 - ADU parking standards.
A. Number. The parking requirement for an attached or detached ADU is one open or enclosed parking space per unit. No additional parking, or reconfiguration of existing parking on the lot, is required for an internal ADU.
B. Location. Required parking spaces may be provided as tandem parking on a driveway. Off-street parking is permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
C. Exemptions. No parking is required for an ADU in any of the following instances:
1. The ADU is located within one-half mile walking distance of public transit.
2. The ADU is located within an architecturally and historically
significant historic district.
3. The ADU is part of the proposed or existing primary residence. an internal ADU.
3.4. The ADU is a conversion of an existing permitted accessory structure.
4.5. When there is a car share vehicle located within one block of the ADU.
6. When on-street parking permits are required but not offered to the occupant of the ADU.
5.7. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single -family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any othe r exemption criteria listed in this section.
D. Conversion of Existing Parking Structures. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking stalls are not required for the demolished or converted parking structure.
19.56.090 - ADU ownership and occupancy.
A. Beginning January 1, 2025, the applicant for an ADU must be an owner - occupant. Upon approval of an ADU application after January 1, 2025, a declaration that provides that either the primary dwelling unit or the ADU will be occupied by the property owner (subject to certain temporary exceptions such as a medical or business necessity) must be recorded before occupancy and will binding on all future owners of the parcel.
Beginning one year after the approval date of the ADU, and annually thereafter, the property owner must file an annual report certifying under penalty of perjury that t he property owner is the occupant of the primary dwelling unit or the ADU in order to ensure compliance with this condition.
B. An ADU that is not occupied by the owner of the property in conformance with this section may be rented if the rental terms are longer than 30 consecutive days.
19.56.100 - JADU development standards.
A. Number. One JADU is permitted per residential lot zoned for single-family dwelling units with an existing or proposed single-family dwelling.
B. Size. A JADU may have a maximum size of 500 square feet and must be contained entirely within an existing or proposed single-family dwelling.
C. Entrance. A JADU must include a separate entrance from the main entrance to the structure, which entrance must be on the side or rear of the primary residence whenever possible.
D. Kitchen. A JADU must include an efficiency kitchen that includes the following:
(1) a cooking facility with appliances (which must include, at minimum, a sink and a refrigerator); and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
E. Owner Occupancy. Prior to occupancy of the JADU, the applicant shall record a deed restriction, which shall run with the land, and file such deed restriction with the City. The deed restriction shall (1)prohibit the sale of the JADU separate from the sale of the single -family residence, (2) restrict the size and attributes of the JADU to that permitted by the City, (3) provide that the primary dwelling unit or the JADU will be occupied by the property owner will live on site (subject to certain temporary exceptions such as a medical or business necessity) and (4) provide a statement that the deed restriction may be enforced against future purchasers. This section and the owner-occupancy requirement does not apply if the owner is a governmental agency, land trust, or housing organization.
F. Parking. No additional parking is required for a JADU.
G. Sanitation. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU must share sanitation facilities with the single -family dwelling unit and must have direct access to the residence from the interior of the JADU.
H. State Law. A JADU must comply with the requirements of Government Code section 65852.22.
19.56.110 - Deed restrictions.
A. Before obtaining a building permit for an ADU, the property owner must file with the county recorder, and provide a copy of the recorded document to the city, a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction must state that:
1. The ADU may not be used for short -term vacation rentals of 30 days or less.
2. Except for units developed in accordance with Government Code section 65852.26, the ADU may not be sold separately from the primary dwelling.
B. The declaration will be binding upon any successor in ownership of the property. Lack of compliance will be cause for code enforcement and also grounds for revocation of the city’s approval of the ADU.
C. The deed restriction may be terminated by the property owner upon removal of the ADU from the property.
19.56.120 - Conflicting provisions.
Except as expressly provided in this chapter, to the extent that any provisions of this code conflict with any provisions of this chapter, the provisions of this chapter will control. To the extent any provisions of this chapter conflict with state law, the mandatory requirements of state law will control, but only to the extent legally required.
Title 19 Zoning, Chapter 49 DENSITY BONUS AND OTHER INCENTIVES, of the Camarillo Municipal Code is hereby amended as follows:
The purpose of this Chapter is to establish procedures for implementing density bonus requirements set forth in Government Code Section 65915, et. seq., as may be amended from time to time (the “Density Bonus Act”).
19.49.005 - Definitions.
For purposes of this chapter, the following definitions apply:
"Affordable housing cost" has the definition set forth in California Health & Safety Code Section 50052.5.
"Affordable rent" has the definition set forth in California Health & Safety Code Section 50053. However, for Section 19.49.010 (C)(9), the affordable rent will be calculated, in accordance with California Government Code Section 65915(c)(1)(B)(ii). "Child care facility" means a facility other than a family day care home, including but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
"Common interest development" has the definition set forth in California Civil Code Section 1351.
"Concession" or "Incentive" means any of the following:
1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code c ommencing with Health & Safety Code Section 18901) of Division 13 of the Health and Safety Code, including but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable and actual cost reductions.
2. Approval of mixed -use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a housing development, and if the commercial, office, industrial or other land uses are compatible with the hou sing project and the existing or planned development in the area where the proposed housing project will be located.
3. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable and actual cost reductions.
This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements.
"Disabled veteran" has the definition set forth in California Government Code Section 18541.
"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning code provisions and the land use element of the general plan as of the date of application by the applicant to the city. "Development standard" means the site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation. "Director" means the director of community development or the director's designee. "Homeless person" has the definition set forth in 42 U.S.C. Section 11301 and following. "Homeless service provider" has the definition set forth in California Health and Safety Code Section 103577(e)(3).
"Housing development" means a development project for five or more residential units, including mixed-use developments. "Housing development" also includes a subdivision or common interest development, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in the number of residential units.
"Lower income households" has the definition set forth in California Health & Safety Code Section 50079.5.
"Lower income students" has the definition set forth in California Government Code Section 65915(b)(1)(F)(i)(II), and includes students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in California Education Code Section 69432.7(k)(1). "Major transit stop" has the definition set forth in California Public Resources Code Section 21155.
"Maximum allowable residential density" means the density allowed under the zoning code, or if a range of density is permitted, the maximum allowable density for the specific zoning range applicable to the project.
"Moderate income households" has the definition for "persons or families of moderate income" set forth in California Health & Safety Code section 50093(b). "Multifamily dwelling" has the definition set forth in California Government Code Section 65863.4(d).
"Property containing existing affordable housing" means any property that includes any parcel on which rental dwelling units are or have been: (1) subject to any other form of rent or price control through a public entity's valid exercise of its police pow er; (2) occupied by lower or very low income households; or (3) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and households of lower or very low income. Such rental dwelling units include rental dwe lling units that have been vacated or demolished in the five -year period preceding the application seeking the density bonus.
"Replace" has the definition set forth in California Government Code Section 65915(c)(3)(B).
"Senior citizen housing development" has the definition set forth in California Civil Code Section 51.3.
"Specific, adverse impact" has the definition set forth in California Government Code Section 65589.5(d)(2).
"Special needs housing development" has the definition set forth in California Health and Safety Code Section 51312.
"Student housing unit" has the definition set forth in California Government Code section 65915(b)(1)(F)(ii), and includes a unit that consists of one rental bed and its pro rata share of associated common area facilities, that is subject to a recorded aff ordability restriction of 55 years.
"Supportive housing development" has the definition set forth in California Health and Safety Code Section 50675.14, which includes housing for the homeless or disabled with no limit on length of stay, and linked to onsite or offsite assistance services. "Transitional foster youth" has the definition set forth in California Education Code Section 66025.9.
"Unobstructed access" means access where a resident is able to travel without encountering natural or constructed impediments, as outlined in California Government Code Section 65915(p)(2).
"Very low income households" has the definition set forth in California Health & Safety Code Section 50105.
Undefined terms and phrases used in this chapter have the same meaning as defined by the Density Bonus Act.
19.49.010 - General density bonus provisions.
Application. Any person that desires a density bonus , concession, or waiver under the Density Bonus Act must make an application on a form approved by the director at the time of submitting an entitlement application for the housing development for which a density bonus , concession, or waiver is requested pursuant to the Density Bonus Act . The density bonus provided by this chapter only applies to housing developments consisting of five or more dwelling units.
Incentives and concessions. When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the city, the city must provide the applicant incentives or concessions for the production of housing units and child care facilities as provided in this chapter.
Available density bonus options. The planning commission or city council will grant one density bonus, the amount of which will be as specified in Section 19.49.030 , and incentives or concessions as described in Section 19.49.020, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:
Ten percent of the total units of a housing development for lower income households.
Five percent of the total units of a housing development for very low income households.
Ten percent of the total dwelling units in a common interest development for moderate income households, provided that all units in the housing development are offered to the public for purchase.
A senior citizen housing development.
Ten percent of the total units of a housing development for transitional foster youth, to be provided at the same affordability level as very low -income units.
Ten percent of the total units of a housing development for disabled veterans, to be provided at the same affordability level as very low -income units.
Ten percent of the total units of a housing development for homeless persons, to be provided at the same affordability level as very low -income units. As used in this subsection, "total units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this chapter.
Twenty percent of the total student housing units for lower income students in a student housing development that meets the requirements of California Government Code Section 65915(b)(1)(F):
One hundred percent of the total units, exclusive of a manager's unit or units, are for lower income households, except that up to twenty percent of the total units in the development may be for moderate -income households, as defined in California Health and Safety Code Section 50053.
Applicant's election of basis for bonus. For purposes of calculating the amount of the density bonus pursuant to Section 19.49.030, the applicant who requests a density
bonus pursuant to this section must elect the bonus to be awarded on the basis of the criteria set forth in Section 19.49.010(C).
Continued affordability.
1. Qualified Households. An applicant must agree that the occupants of the low, very low, and moderate income units that are directly related to the receipt of the density bonus in a housing development or common interest development must be low, very low, or moderate income households, as applicable.
2. Term.
(a) An applicant must agree to set rents at affordable rent levels and to the continued affordability of all rental units that qualified the applicant for the award of the density bonus for a period of 55 years or a longer period of time if required by any app licable construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program.
(b) All for -sale units must initially be sold at an affordable housing cost and will remain subject to a resale affordable housing cost restriction for a period of fifty -five years or a longer period of time if required by any applicable construction or mortga ge financing assistance program, mortgage insurance program, or other subsidy program. The applicable resale affordable housing cost restriction period will reset upon each sale of an affordable unit.
3. Equity Sharing. The city will require an equity -sharing agreement for all for-sale units, unless such an agreement would be in conflict with the requirements of another public funding source or law.
A. Housing development involving property containing existing affordable housing.
An applicant is not eligible for a density bonus, or any other incentives or concessions under this chapter, for a proposed housing development involving a property containing existing affordable housing, unless:
1. The proposed housing development replaces the existing affordable housing units; and
2. Either:
(a) The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages set forth in Section 19.49.010(C); or
(b) Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low- income household.
19.49.015 - Requirements for equity-sharing agreement.
The following provisions must be included in any equity -sharing agreement required under this chapter:
A. Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city will recapture any initial subsidy and its proportionate share of appreciation, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health & Safety Code section 33334.2(e).
B. For purposes of this section, the city's initial subsidy will be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the very low-, low -, or moderate -income household, as applicable, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value.
C. For purposes of this section, the city's proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.
19.49.020 - Incentives and concessions.
A. An applicant for a density bonus pursuant to Section 19.49.010 may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter, and may request a meeting with the director.
B. Subject to subsection (C) below, the applicant will receive the following number of incentives or concessions:
1. One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low-income households, or at least ten percent for moderate income households in a common interest development.
2. Two incentives or concessions for projects that include at least twenty percent of the total units for lower income households, at least ten percent for very low-income households, or at least twenty percent for moderate income households in a common development.
3. Three incentives or concessions for projects that include at least thirty percent of the total units for lower income households, at least fifteen percent for very low-income households, or at least thirty percent for moderate income households in a common interest development.
4. Four incentives or concessions for projects under Section
19.49.010(C)(9). If this type of project is located within one -half mile of a major transit stop, the applicant may also receive a height increase of up to three additional stories, or thirty -three feet.
C. The planning commission or city council must grant the concession or incentive requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The concession or incentive is not required in order to provide for affordable housing costs, or for rents for the targeted units to be set as specified in Section 19.49.010 (E);
2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactori ly mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
3. The concession or improvement would be contrary to state or federal law.
19.49.025 - Waiver or reduction of development standards.
A. An applicant may submit to the city a proposal for the waiver or reduction of development standards that the applicant believes will have the effect of physically precluding the construction of a housing development that meets the criteria of Section 19.49.010 (C) at the densities or with the concessions or incentives permitted by this chapter, and may request a meeting with the director.
Such proposal may not increase the number of incentives or concessions that the applicant is entitled to under Section 19.49.020 .
B. The planning commission or city council must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
2. The waiver or reduction would be contrary to state or federal law.
C. A housing development that receives a waiver from maximum controls on density pursuant to Section 19.49.30(G) is not eligible for a waiver or reduction of development standards under this section.
19.49.030 - Calculation of density bonus.
A. The applicant may elect to accept a lesser percentage of density bonus.
B. The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 19.49.010 (C).
C. For housing developments meeting the criteria of Section 19.49.010 (C)(1), the density bonus will be calculated as follows:
Percentage Low Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
D. For housing developments meeting the criteria of Section 19.49.010(C)(2), the density bonus will be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
Percentage Very Low Income Units Percentage Density Bonus 11 35
E. For housing developments meeting the criteria of Sections 19.49.010(C)(4),
19.49.010(C)(5), 19.49.010(C)(6), and 19.49.010(C)(7), the density bonus will be twenty percent.
F. For housing developments meeting the criteria of Section 19.49.010(C)(3), the density bonus will be calculated as follows:
Percentage Moderate Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
Percentage Moderate Income Units Percentage Density Bonus 21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
Percentage Moderate Income Units Percentage Density Bonus 36 31
37 32
38 33
39 34
40 35
G. For housing developments meeting the criteria of Section 19.49.010 (C)(9), the density bonus will be eighty percent of the units reserved for lower income households. If such development is located within one -half mile of a major transit stop, the city will not impose any maximum controls on density.
H. For housing developments meeting the criteria of Section 19.49.010 (C)(8), the density bonus will be thirty-five percent of the number of student housing units.
I. All density calculations resulting in fractional units will be rounded up to the next whole number. The granting of a density bonus will not be interpreted, in and of itself, to require a general plan amendment, zoning change, study other than those provided under Government Code section 65915(j)(1), or other discretionary approval.
J. Granting a density bonus will not be interpreted to require the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards, except as provided for in Sections 19.49.20 and 19.49.25.
19.49.035 - Additional density bonus through donation of land.
When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, as provided for in this section, the applicant will be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:
Percentage Very Low Income Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
Percentage Very Low Income Percentage Density Bonus
25 30
26 31
27 32
28 33
29 34
30 35
A. This increase will be in addition to any increase in density mandated by Section
19.49.010(C), up to a maximum combined density increase of thirty -five percent, if an applicant seeks increases required pursuant to both this section and Section
19.49.010(C).
1. All density calculations resulting in fractional units will be rounded up to the next whole number.
2. Nothing in this section will be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.
B. An applicant will be eligible for the increased density bonus described in this section if all of the following conditions are met:
1. The applicant donates and transfers the land no later than the date of approval of the final subdivision map or parcel map or residential development application.
2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households, in an amount not less than ten percent of the number of residential units of the propos ed development.
3. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by a dequate public facilities and infrastructure.
(a) The land must have appropriate zoning and development standards to make the development of the affordable units feasible.
(b) No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code section 65583.2(i), if the design is not reviewed by the cit y prior to the time of transfer.
4. The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.49.010(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.
5. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such housing developer.
6. The transferred land must be within the boundary of the proposed development or, if the city agrees, within one -quarter mile of the boundary of the proposed development.
19.49.040 - Additional density bonus or concession or incentive through provision of child care facility.
A. When an applicant proposes to construct a housing development that conforms to the requirements of (C) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the planning commission or city council must grant either of the following:
1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or
2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. The planning commission or city council will require, as a condition of approving the housing development, that the following occur:
1. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 19.49.010 (E).
2. Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 19.49.010 (C).
C. Notwithstanding any requirement of this section, the planning commission or city council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
D. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus is permitted in geographic areas of the housing development other than the areas where the units fo r the lower income households are located.
E. The granting of a concession or incentive will not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
19.49.045 015 - City's discretion in granting density bonus.
Nothing in this chapter will be construed to prohibit the planning commission or city council from granting a density bonus greater than what is described in this chapter or the Density Bonus Act for a development that meets the requirements of this chapter or the Density Bonus Act, or from granting a proportionately lower density bonus than what is required by this chapter or the Density Bonus Act for developments that do not meet the requirements of this chapter or the Density Bonus Act .
19.49.050 - Parking requirements.
A. Upon the request of the applicant, the city will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 19.49.010(C), that exceeds the following ratios:
1. Zero to one bedrooms: one onsite parking space.
2. Two to three bedrooms: two onsite parking spaces.
3. Four and more bedrooms: two and one-half parking spaces.
B. The applicant may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed 0.5 onsite parking spaces per bedroom, for a development meeting the criteria of Section 19.49.010 (C), that is located within one-half miles of a major transit stop, and has unobstructed access to the major transit stop.
C. The applicant may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed 0.5 onsite parking spaces per unit for a development that consists solely of rental units (exclusive of a manager's unit) with an affordable housing cost to lower income households, and is either:
1. Located within one -half miles of a major transit stop, and has unobstructed access to the major transit stop; or
2. A for-rent housing development for individuals who are sixty-two years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, and has either paratransit service, or unobstructed access to a fixed bus route service that is within 0.5 m iles and operates at least eight times per day.
D. The applicant may request that no vehicular parking requirement apply for a development that:
1. consists solely of rental units (exclusive of a manager's unit) with an affordable housing cost to lower income households; and
2. is either a supportive housing development, or a special needs housing development that has either paratransit service, or unobstructed access to a fixed bus route service within one -half miles that operates at least eight times per day.
E. If the total number of parking spaces required for a development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking.
F. This section applies to a development that meets the requirements of Section
19.49.010(C), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this chapter, subject to Section 19.49.020.
G. Notwithstanding Sections 19.49.050(B) and (C), if the city or an independent consultant has conducted an area -wide or jurisdiction -wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio, not to
exceed the ratio described in Section 19.49.050 (A), based upon substantial evidence found in the parking study that includes an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requireme nts on the cost of market -rate and subsidized developments, and the lower rates of car ownership for low - and very low income individuals, including seniors and special needs individuals. The city will pay the costs of any new study. The city may make find ings, based on a parking study completed in conformity with this section, supporting the need for the higher parking ratio.
19.49.060 020 - Commercial developer partnerships provisions.
A. Eligibility. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city will grant the commercial developer a development bonus as described in Section 19.4849.06020(E).
B. Agreement for partnered housing. The commercial developer must enter into an agreement for partnered housing between a commercial developer and a housing developer that is approved by the city, and identifies how the commercial developer will contribute af fordable housing within the city. The commercial developer must partner with a housing developer partner that provides no less than either thirty percent of the total units for low -income households or fifteen percent of the total units for very low -income households.
C. Contribution of affordable housing. The commercial developer may contribute affordable housing by directly building the affordable housing units, donating property to the affordable housing developer as a site for affordable housing, making a cash payment to the affordable housing developer for use towards the cost of constructing the affordable housing project.
D. Affordable housing site requirement. Housing must be constructed on the site of the commercial development or on a site that meets all of the following:
1. Within the boundaries of the city;
2. Within close proximity to public amenities, including schools and employment centers; and
3. Within one-half mile of a major transit stop.
E. Development bonus. The development bonus granted to the commercial developer means incentives, mutually agreed upon by the developer and the city, including any of the following:
1. Up to a twenty-percent increase in maximum allowable intensity in the General Plan.
2. Up to a twenty -percent increase in maximum allowable floor area ratio.
3. Up to a twenty-percent increase in maximum height requirements.
4. Up to a twenty-percent reduction in minimum parking requirements.
5. Use of a limited -use/limited-application elevator for upper floor accessibility.
6. An exception to a zoning ordinance or other land use regulation.
F. Withholding of certificate of occupancy. If construction of the affordable units do not commence within the timelines specified by the agreement for partnered housing, then the city may withhold certificates of occupancy for the commercial development until the construction of the affordable housing units are complete.
Title 19 Zoning, Chapter 44 OFF -STREET PARKING, Section 25 Computation of parking requirements , of the Camarillo Municipal Code is hereby amended as follows:
A. The floor area calculation will be based on the gross floor area of the building or use except where otherwise provided.
B. Restrooms, utility rooms, equipment rooms, elevator shafts, duct space, and stair wells will be excluded from the square footage when computing floor area for parking purposes.
C. The floor area includes exterior walls but excludes exterior areas.
D. Interior hallways will be included as part of the floor area for determining the gross floor area.
E. Any fractional spaces over fifty percent will be construed as one full space.
F. In any place of public assembly utilizing benches, pews, or other non -individualized seating structure, each 18 -inch section of such structure will be construed as one seat.
G. A building or portion of a building devoted to off -street parking will have no off -street parking requirements.
H. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities will be the sum of the requirements of the various uses computed separately. Off -street parking facilities for one use will not be considered a s providing required parking facilities for any other use except as specified in this chapter for common facilities or joint uses.
I. Projects or uses within one half a mile of the Camarillo Metrolink station are subject to the requirements of California Government Code Section 65863.2 as may be amended from time to time.
Title 19 Zoning, Chapter 14 R-1 SINGLE-FAMILY RESIDENTIAL ZONE, Section 170 Urban dwelling unit requirements, of the Camarillo Municipal Code is hereby amended as follows:
The purpose of this Section is to establish procedures for implementing urban dwelling unit requirements set forth in Government Code §§ 65852.21, et. seq. , as may be amended from time to time.
A. Ministerial review process. An application for development of an urban dwelling unit will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this section and those set forth under Government Code section 65852.21. The community development director is authorized to develop the forms and procedures for such applications. If any portion of this section conflicts with Government Code section 65852.21, then Government Code section 65852.21 will govern.
B. Location requirements. An application for development of an urban dwelling unit must meet all the following location requirements:
1. The subject parcel must be located in an R-1 zone and be within or partially within the urbanized area, as designated by the US Census Bureau.
2. The subject parcel must not be located in an area designated in Government Code sections 65913.4(a)(6)(B) through (K). This includes certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, and habitats for protected species.
3. The subject parcel must not be located within a historic district or property, as set forth in Government Code section 65852.21(a)(6).
C. Limitation on demolition and alterations. A proposed urban dwelling unit must not involve demolition or alteration of:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3. Housing that has been occupied by a tenant in the last three years.
4. More than twenty-five percent of the existing exterior structural walls, unless the housing has not been occupied by tenants within the last three years.
D. Limitation on parcels withdrawn from rental market. A proposed urban dwelling unit must not involve property withdrawn from rental market under Government Code §7060 and following, within fifteen years before the date that the development proponent submits an application.
E. Two urban dwelling residential unit limitation. No more than two urban dwelling units may be developed on the underlying parcel. Existing accessory dwelling units and junior accessory dwelling units will be counted toward this maximum number of units. All new units on a lot associated with an urban lot split must be urban dwelling units and cannot include a new accessory dwelling un it or junior accessory dwelling unit.
F. Affidavit. The applicant for an urban dwelling unit must sign an affidavit stating that the applicant will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the occupancy of the urban dwelling unit. This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
This affidavit is required to be recorded in accordance with subsection K.44.a.i.
G. Residential use requirement. Urban dwelling units must be limited to residential uses. This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
H. Short term rental limitation. Urban dwelling units developed under this section may not be rented for a term shorter than thirty days.
I. Sales limitation. Urban dwelling units may not be sold separately apart from the underlying parcels.
J. Fees.
1. Urban dwelling units will be subject to applicable development fees as established by resolution. The amount of fees to be paid will be those in effect at the actual time of payment of such fees. Applicant must pay the applicable development fees before the parcel map is approved and ready to be recorded (if part of an urban lot split), or the
grading/encroachment/sewer permit is ready to be issued, whichever occurs first, unless otherwise required by law.
2. Applicant must pay park impact fee per Chapter 16.52 of this code (if not part of an urban lot split), to be calculated by, and paid directly to, the Pleasant Valley Recreation and Park District before the issuance of a zone clearance.
3. Applicant must pay school facilities fees as determined by the school districts and the city prior to building permit issuance in accordance with city and/or state regulations.
K. Development standards. A proposed urban dwelling unit must comply with the following development standards:
1. Permits.
a. Encroachment permits must be obtained from the city for all work within the city right-of-way, as well as any work that would impact the city's right-of-way.
b. Grading and sewer permits must be obtained from the city for all applicable project work.
c. All necessary permits must be obtained from Caltrans or Ventura County for all work within the Caltrans or Ventura County right -of- way, as well as any work that would impact Caltrans' or Ventura County right-of-way. A copy of the Caltrans and/or Ventura County permits must be submitted to the department of public works. d. A Consent for Offsite Construction must be obtained from adjacent property owners for any improvements within the adjacent properties.
e. All other permits as required under Title 16 (Buildings and Construction) of this code.
2. Improvements.
a. Buildings must not be located within existing or new easements. b. Developer must submit design and calculations and obtain permit and inspection for all development perimeter and retaining walls from building and safety.
c. Any existing public improvements adjacent to the limits of the project found to be damaged during the construction of the project must be removed and reconstructed.
d. A Slurry Seal (Type II) over the full width of the street must be applied, if the existing street is in moratorium and the street is cut for project utility installations. Traffic signs and pavement markings on public streets must conform to the California Manual on Uniform Traffic Control Devices (CAMUTCD), latest edition.
e. Curb, gutters and on-site paving/hardscape must be constructed to meet existing city and Ventura County design standards
f. Frontage landscaping must be designed such that it will not obstruct a motorist's line of sight above three feet nor below seven feet within the corner cutoff area of an uncontrolled intersection, or within the sight triangle of a controlled intersection.
3. New driveways and access.
a. There may be no ingresses or egresses to the parcels except for those shown on the tentative parcel map for the urban lot split (if applicable).
b. Any such ingresses or egresses must have a width in accordance with the existing city and Ventura County design standards. c. The driveway must be located at least ten feet away from the beginning of the street curb return, if no stop signs exist. However, if there is a stop sign, then the driveway must be located at least fifty feet away from the limit line of the existing stop sign. d. The driveway approach must be constructed or relocated remove the existing driveway approaches and construct sidewalk, curb and gutter.
e. A single driveway approach width must have a minimum width of ten feet and a maximum width of twenty -seven feet with the total combined width of all driveways not to exceed forty percent of the property frontage.
f. In addition to the standards set forth in this subsection, driveways must comply with Section 19.44.160.
g. All entrances must be surfaced and improved as to include necessary pave-out to join existing pavement in accordance with existing city standards.
h. No new access from an arterial street is permitted in connection with a new urban dwelling unit.
4. Grading.
a. All grading must conform to Chapter 16.04 of this code. b. Grading improvement plans and supporting reports and calculations must be prepared and submitted to the public works department for review and approval. Grading improvement plans must be submitted on standard city title block sheets of twenty-four by thirty-six inches to a standard engineering scale representative of sufficient plan clarity.
c. The site must be raised as needed to provide standard clear cover and standard slopes for sewer, water and storm drains.
5. Soils.
a. A soils and geologic study as required by Chapter 16.38 of this code and in accordance with the requirements of Resolution No. 88-57 (and all subsequent amendments) must be prepared and submitted to the public works department for review and approval.
The study must include, without limitation, fault trenching, slope
stability, liquefaction, hydroconsolidation and seismically -induced settlement testing and analysis (contact the public works department for guidelines). The recommendations of the soils and geologic study must be incorporated into the project.
b. Any restricted use zones must be shown on the grading plan. c. All proposed parcels and building pads must be individually certified as geotechnically suitable for their intended use.
6. Drainage.
a. The applicant must prepare and submit a hydrology and hydraulics study for the project to the city engineer for review and approval.
The study must include, without limitation, the hydraulic analysis for the sizing of the required storm drain system. Appro priate facilities for proper drainage within the development must be provided and constructed as directed and approved by the city engineer.
i. All areas must be graded in such a manner that there will be no undrained depressions.
ii. All storm drain facilities must be designed to convey the Q50 storm runoff.
iii. Building pads must be protected from the Q100 storm and the overflow path must be shown on the hydrology map.
b. Provide Water Surface Pressure Gradient (WSPG) calculations using WSPG Program for all pipes eighteen-inches or larger. c. No storm drain facility may be located in conflict with buildings and structures, which obstruct the storm drain's function and maintenance.
d. Concrete swales must be constructed behind retaining walls and at slopes.
e. Flowline and cross fall slopes throughout the development must be designed and constructed in the following manner:
i. Concrete gutters must have a minimum flowline slope of one- half percent.
ii. Asphalt areas must have a minimum of one percent cross fall slopes.
iii. Landscaping must have a minimum flowline slope of one percent and a minimum cross fall slope of two percent.
f. Each lot must drain to an approved drainage facility. Cross lot drainage must be minimized.
g. The development must be protected from offsite drainage, and any water concentration and/or increase as a result of the construction
of the development must be conveyed by means of adequate facilities to the existing storm drain system designed to convey the development's runoff.
h. The applicant must provide storm water acceptance deeds on any and all lots subject to runoff water from adjacent lots or properties.
7. Stormwater Quality.
a. Development must be undertaken in accordance with the requirements of the Ventura County Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) Permit No.
CAS004002; Order No. 2010-0108.
b. A Stormwater Pollution Control Plan (SWPCP) is required for projects that disturb less than 1 acre of soil and are not part of a larger common plan of development. Before the city issues a grading permit, the applicant must submit a Stormwater Pollution Control Plan (SWPCP) on the form provided by the city for the stormwater program manager's and city engineer's review. i. The SWPCP must be developed and implemented in
accordance with requirements of the Ventura County
Municipal Stormwater National Pollutant Discharge
Elimination System (NPDES) Permit No. CAS004002; Order
No. 2010-0108.
ii. The SWPCP must identify potential pollutant sources that may affect the quality of discharges to stormwater and must include the design and placement of recommended BMPs to effectively prohibit the entry of pollutants from the construction site into the st orm drain system during construction.
Suggested BMPs can be downloaded from the California
Stormwater BMP Handbook for Construction at
www.cabmphandbooks.com.
c. The project construction plans must incorporate best management practices (BMPs) applicable to the development for the review and approval of the city engineer. Suggested construction BMPs are listed in the California Stormwater BMP Handbook for
Construction, which can be downloaded at
www.cabmphandbooks.com.
d. No architectural copper should be used that is exposed to stormwater runoff. This area drains to a watershed that has been listed by the state water resources control board as being impaired for copper per Los Angeles Regional Water Quality Control Board Resolution No. 2006-012.
e. All exterior metal building surfaces, including roofs, must be with rust-inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system prior to occupancy.
f. Landscape areas must be designed and maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution.
g. If applicable, decorative fountains and ponds must be designed with no connection to the storm drain system. The discharge of non-stormwater from fountains and ponds must not be allowed to drain to the storm drain system.
h. Air-conditioning condensate flows must be segregated to prevent introduction of pollutants and must be directed to pervious areas for percolation where possible.
i. All property areas must be maintained free of litter/debris. j. There must be no pressure washing of driveway or building site. k. If applicable, waters from salt-chemistry pools or spas, filter waste and acid -wash or other cleaning waste water are prohibited and illegal to discharge to either the storm drain system or to the sewer system. Water from fresh -water swimming pools may be
discharged to the storm drain system as long as the discharge meets the city's municipal stormwater permit requirements. There must not be any swimming pool drains directly connected to the storm drain system.
l. The applicant is responsible for maintaining and operating all on - site private improvements.
8. Water and Fire Protection.
a. The water conservation measures must be complied with per City of Camarillo Municipal Code Chapter 14.12.
b. Before the city issues the grading permit, and before the city issues a water will serve letter, the urban lot split and urban dwelling units must satisfy the Project's Water Demand Offset Requirement per City of Camarillo Resolution 2016-90. A Water Supply Study (WSS) must be submitted to the public works department that identifies the amount of water required for the uses approved and entitled by the city, and the sources that will provide one hundred percent of the identified water demand. The WSS must i nclude a description of the entitled project and the estimated water demand for the entitled uses.
c. Before the city issues any building permits, a WSS update must be submitted to the public works department to demonstrate that the approved water conservation measures (WCMs), which satisfy the water demand offset requirement, are implemented, and before the city issues any certificate of occupancy, the urban lot split and urban dwelling units must demonstrated that the approved WCMs,
which satisfy the water demand offset requirement, are one hundred percent operational and provide the specified water reductions. The water demand offset requirement must be met and confirmed by the public works department and community
development department.
d. In order to provide for reasonable fire protection during the construction period, passable vehicular access to all buildings must be maintained. Adequate fire hydrants with required fire flow must be installed before structural framing as recommended by the Fire Department and Camarillo Water Division.
e. Any water well(s) located on such property must be indicated on the improvement plans. Pumping performance and well history to the city. Such water well(s) must be offered to the city. If the water quality or location of the well(s) is such that the city d eems the well(s) unusable, the well(s) must be destroyed according to CMC Chapter 14.08 or, at the city's discretion, a security of an amount equal to the charges of such destruction must be provided to the city to insure proper destruction of the well(s) at a future date. f. An easement for water line and access purposes must be prepared, reviewed and recorded for those private water lines that encroach from one parcel into the other parcel.
g. Water system.
i. All water system facilities, appurtenances, and water systems must be designed to meet all requirements set forth in the Water Purveyor's or the City of Camarillo's water design standards, whichever is more restrictive.
ii. Only one water service lateral with one water meter, between the public water main line and the public right-of-way line, will be permitted for each legal parcel. One urban dwelling unit must connect to this water service lateral and water meter.
The addition of a water sub-lateral connection for the second urban dwelling unit must connect to the water lateral on the parcel outside of the public right-of-way.
iii. A hydraulic analysis of the existing and proposed water system must be provided to the Public Works Department to determine if the facilities are adequate to provide domestic and fire flow service demands.
iv. The existing public water facilities must be upgraded to meet applicable requirements and water demands of the project. v. The separation between water and other utilities (i.e. sewer, storm drain, etc.) must be designed and constructed in
accordance with the City of Camarillo's existing water
standards.
vi. An encroachment permit will be required for water service lateral and meter construction within the public street right-of- way. Certificates of insurance and traffic control plans will be required for work within the public street right-of-way. h. Water will-serve letter. An unconditional water will-serve letter must be provided to the public works department from the water purveyor indicating that adequate water supply is available to service the project. No pre -grading or grading permits, map recordation or building permits will take place until a water will - serve letter is issued.
9. Sanitary Sewer.
a. Backflow prevention control devices must be provided as required by the Ventura County Department of Environmental Health. b. An easement for sewer line and access purposes must be prepared, reviewed and recorded for those private sewer lines that encroach from one parcel into the other parcel.
c. Sewer system.
i. Private sewerage system design, including connections to the district system, must be submitted to the district for approval. ii. The private sewer system must meet the sewer purveyor's or the Camarillo Sanitary District (District) Standards, whichever is more restrictive.
iii. Only one sewer service lateral, between the public sewer main line and the public right-of-way line, will be permitted for each legal parcel. One urban dwelling unit must connect to this sewer lateral. The addition of a sewer sub -lateral connection for the second urban dwelling unit must connect to the sewer lateral on the parcel outside of the public right - of-way.
iv. An analysis of the existing and proposed sewer system must be provided to the Public Works Department to determine if the existing facilities are adequate to provide service demands.
v. The existing public sewer facilities must be upgraded to meet applicable requirements and sewer demands of the project. vi. The separation between sewer and other utilities (i.e. water, storm drain, etc.) must be in accordance with the Camarillo Sanitary District Standards.
vii. Sewer permits will be required for any connections to the District sewer system including connections to the private sewer lateral.
viii. An encroachment permit will be required for sewer lateral construction within the public street right -of-way. Certificates of insurance and traffic control plans will be required for work within the public street right-of-way.
d. Sewer will-serve letter. An unconditional sanitary will -serve letter must be provided to the public works department from the sewer purveyor indicating that adequate sewer conveyance and
treatment capacity are available to service the project.
10. Utilities.
a. Existing utilities.
i. The underground utility (in-lieu) fee for the existing overhead utilities adjacent to the project boundary property line must be paid.
ii. All underground irrigation, water, and other pipes or openings which are encountered during construction of site
improvements must be removed.
b. New utilities must be placed underground in the following manner:
i. Southern California Edison Company, Frontier
Communications (telephone), and Spectrum must be
contacted to make a determination of the requirement for the aboveground structures necessary to serve and to be
constructed for this project.
ii. Easements for these structures outside of the public right -of- way must be provided and screening for these structures must be provided.
iii. All utility lines and stub connections to property lines of each lot must be installed underground before any paving is placed. c. All necessary encroachment permits must be obtained before construction of the project begins. This includes, without limitation, City of Camarillo, Southern California Edison Company, Southern California Gas Company, Frontier Communications (telephone), Spectrum, Ventura County, Ventura County Watershed Protection District and Caltrans.
d. Trenching for conduit and miscellaneous substructures, necessary for the installation of cable television and electronic gear, must be provided.
e. Any transformers must be installed, such that their locations do not interfere with other improvements. Locations of transformers must be coordinated with Southern California Edison Company, Public Works Department and Community Development Department.
11. Flood Control.
a. The applicant must obtain all necessary permits from Ventura County Watershed Protection District (VCWPD) for any
connections, alterations or construction that may impact the VCWPD facilities, as well as any work that would affect VCWPD existing storm drain system.
b. A copy of any applicable VCWPD permit must be submitted to the department of public works.
c. Those portions of the project, which are located within a "special flood hazard area" (SFHA), must conform to all provisions and requirements of CMC Chapter 16.34 relating to flood damage protection in order to remove the existing and proposed buildings from the SFHA.
i. Reports must be prepared and a conditional letter of map revision and a letter of map revision submitted to FEMA for review and approval for removal of the buildings from the SFHA.
ii. The final building pad elevations must be above the surrounding water surface elevations in conformance with CMC Chapter 16.34.
12. Plans.
a. Grading improvement plans and erosion control plans for the development must be submitted to the public works department for review and approval. These plans must include proposed site improvements, proposed drainage facilities as required by the development design, sewer system, water supply system, and a plan showing the layout of all underground utilities proposed to be installed.
b. All grading improvement plans must be on 24" x 36" drawing size.
Originals must be inked on four mil Mylar. No "cut and paste," "sticky-backs," "zip -a-tone," "kroy lettering," or other tape will be permitted on final originals.
c. The landscape plan must be coordinated with the grading plans to avoid conflicts of trees with BMP's for stormwater quality, storm drains, water lines and sewer lines.
d. "As-built" grading improvement plans must be submitted to the public works department.
13. Pre-construction meeting. Before commencing work, the developer must schedule a pre -construction meeting with the city public works inspector, city storm water inspector, Ventura County Watershed Protection District inspector, Caltrans inspector and city landscape supervisor.
14. Issuance of approvals. No permanent building construction may be commenced until the public works department approves final grading and improvement plans, the community development department issues a zone clearance, and building and safety issues a building permit.
15. Site maintenance. The site must be cleared of trash and deleterious materials.
16. Materials disposal limitation. There will be no burning or burying of materials at any time during the development or agricultural burning before development.
17. Special district boundaries. Proceedings must be initiated to adjust any special district boundaries that may traverse the development. The subject property's current title report will reflect any applicable special districts.
18. Responsibility.
a. Before commencing work, the owner/applicant must designate in writing an authorized representative with complete authority to represent and act for the owner/applicant. Said authorized representative must be present at the site of the work at all times while work is actually in progress. During periods when work is suspended, arrangements acceptable to the city engineer must be made for any emergency work which may be required.
b. In the absence of the owner/applicant or authorized representative from the project site, required decisions will be made by the city engineer. If warranted, the city engineer will order completion of work to protect the general public. If such orders are not acted upon immediately by the authorized representative, the city may complete the work or have such work completed at the
owner/applicant's expense.
c. The owner/applicant must be responsible for all actions of his contractors and subcontractors until the improvements have been completed and as-built.
19. Archaeological areas of significance. A certificate stating that this development will not interfere with any areas of archaeological significance must be provided. If archaeological or historical artifacts are uncovered during land modification activities , the site must be preserved until a qualified archaeologist is consulted for proper disposition of site and a concurrence received from the department of public works/engineering and the department of community development.
20. Maintenance. The applicant must agree to provide maintenance of any common areas, parking area, driveway approaches, private walkways/hardscape, private trees, landscaping, irrigation, private sewer, private water and private storm drain facilities, and pr ivate BMP's, at the development.
21. Homeowners' association approval. If the parcel belongs to a homeowners' association, the applicant must provide a letter from the homeowners' association authorizing the development of any urban dwelling unit.
22. Legal lot. Applicant must submit verification that existing property is a legal lot at time of filing application.
23. Size. Excluding any existing dwelling unit, the maximum habitable square footage allowed per urban dwelling unit is eight hundred square feet. Each urban dwelling unit must have a minimum habitable floor area of seven hundred square feet. The maximum size of a proposed urban dwelling unit must not exceed eight hundred square feet in floor area, provide at least one full bathroom that includes a shower, toilet, and sink, and must provide a kitchen that includes the following: a cooking facil ity with applianc es (which must include, at minimum, a sink and a refrigerator); and a food preparation counter and storage cabinets.
24. Setbacks.
a. No setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure, relative to existing lot lines. Setback to new lot lines created under an urban lot split must comply with the provisions of this code.
b. All new urban dwellings and attached garages must comply with all of the following building setbacks requirements:
i. A minimum of four feet from the side and rear property lines. ii. A minimum of twenty feet from the front property line for lots that have primary frontage along a street, provided that driveway parking must accommodate a full car length of
twenty feet from the edge of the public right-of-way.
iii. Any newly created lot that is located behind the lot that has primary frontage on the street must provide a minimum front yard setback of ten feet.
iv. All setback areas must be level, not exceeding a grade of three percent.
25. Frontage. Any new urban dwelling unit must not have frontage on an arterial street.
26. Parking. One fully enclosed garage space per new urban dwelling unit must be provided. The size of the garage space must comply with Section
19.44.150 and must comply with the following:
a. If the garage is attached to an urban dwelling, it must be attached to the unit it serves and must provide direct access into the dwelling from the garage.
b. No new parking space for a recreational vehicle, boat, or trailer is permitted on site.
c. Garage doors must be automated roll up.
d. A detached garage must provide minimum rear and side yard setbacks of four feet; minimum front yard setback of twenty feet where the front yard has primary frontage along the street; or a minimum front yard setback of ten feet where the lot is located behind a lot that has primary frontage along the street. e. A minimum separation of six feet must be provided between a detached garage and any other detached garage or dwelling. f. All new garages that do not directly face the street, or where the garage is located more than fifty feet from the street in which the lot takes access from, must provide a minimum back up space or turnaround space from the entrance into the garage of twen ty-six feet.
g. Any new garage must be designed to comply with at least one of the following criteria:
i. The garage doors of an attached garage must not extend across more than forty percent of the street facing façade of any new dwelling.
ii. The garage is attached to a dwelling through a breezeway or other portion of the primary structure, and is located in the rear of the lot.
iii. The garage is detached from the dwelling and located within the rear of the lot.
iv. The garage is designed with side -on entry, with a window facing the street.
No additional parking is required if the parcel is located within one -half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or there is a car share vehicle located within one block of the parcel.
27. Attached building standard. An application will not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. However dwellings on the same lot are prohibited from having separate ownership. The project must conform to all requirements of Title 18 of this code.
28. Building height. The maximum building height for any new urban dwelling unit is one-story up to sixteen feet.
29. Private usable open space. All urban dwelling units must provide a minimum of one hundred square feet of private usable open space, having no dimension less than ten feet. The minimum required setback areas cannot be used to calculate the private usable open space area.
30. Covered front porch space. Each new urban dwelling must have a covered front porch with minimum dimensions of four feet deep by eight feet wide and must not encroach into any required setback area.
31. Dimension. The dimension of any side of any new urban dwelling must be a minimum of twenty feet.
32. Eaves. All buildings must provide eaves of not less than twelve inches and not greater than thirty -six inches and must not encroach into any required setback area.
33. Windows. All windows on each side of buildings must provide stucco over foam or wood surrounds a minimum of four inches in width, on all four sides of the windows with a minimum projection of two inches from the face of the structure.
34. Architectural standards.
a. The architectural style of any new urban dwelling must be Spanish, Monterey, or Craftsman. The architectural style of any new garages must be the same as the urban dwelling.
b. Architectural treatment on the front elevation of the urban dwelling and garage must continue along each side elevation until commencement of fencing or other architecturally feasible termination point, such as a chimney or window.
35. Paint. Urban dwellings and garages must include two colors; one for the main wall color and another for architectural trim pieces and must be selected from the following colors: white, off white, tan, light brown, or light gray. The paint treatment must be applied along all window surrounds, and on all wall façades of all elevations. Rust -inhibitive paint must be used for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system.
36. Roof. The roofs on any new building must be pitched covered in clay barrel or concrete roofing tile with a minimum 3:12 pitch. Roof color must be gray, brown, or natural clay. Mansard roofs are not permitted.
37. Consistency with existing dwellings. If there is a dwelling existing on the lot, any new urban dwelling unit must match the architectural style, color and roof of the existing dwelling.
38. Front elevation materials. A minimum of two different materials must be used on the front elevation of any new urban dwelling unit or garage, consisting of brick, stone, fiber cement siding, or stucco (e.g. stucco building with brick wainscot satisfies this requirement).
39. Trash, recycling, and water heater areas.
a. Trash disposal and recycling storage areas must be placed in a location that does not interfere with circulation, parking or access to the building and must not be visible from the street in accordance with CMC Chapter 9.04.
b. Trash storage areas and water heaters within the garage must not be located within the minimum dimensions of the garage area, as set forth in CMC Chapter 19.44.
c. All urban dwellings must have, as part of the fence design, a gate to the side or rear yard with a minimum width of thirty-six inches to accommodate trash and recycling containers, as well as a minimum thirty-six-inch wide concrete walk to the street.
40. Landscaping requirements.
a. Every lot must have one street tree installed per street frontage; corner lots must have one tree planted in the front yard and two trees planted in the sideyard for a total of three trees. b. That a detailed landscaping, irrigation plan, and specifications prepared by a registered Architect or by a registered landscape architect must be submitted prior to issuance of a building permit for all green areas, including required street trees. Instal lation of the landscaping must be completed prior to occupancy.
c. Landscaping and irrigation must be in compliance with the City's Landscape and Irrigation Guidelines and Chapter 14.14 - Water Efficient Landscapes of the Camarillo Municipal Code.
d. The applicant must install landscaping and irrigation in all front yards and parkways, including street trees in accordance with the approved landscape plans prior to occupancy.
e. Landscape plans must be at a minimum scale of 1" = 20'; except that slope planting plans may be at 1" = 30' minimum scale. f. That any tree within five feet of any public sidewalk, or other public improvement, must be provided with a root barrier consistent with existing city standards.
g. All landscape plan check fees must be paid at the time of submittal of landscape plan.
h. All trees are to be double-staked per City Standard S-2.
41. Walls. The final architectural drawings must include a provision for the detail of party walls and include the reference for a test number that assures a minimum 50 STC (Sound Transmission Class).
42. Lighting. All exterior light fixtures must match the architectural style of the urban dwelling and be directed from shining onto adjoining properties.
43. Other R -1 zoning standards. The following development standards as it applies to the following, must comply with existing R -1 Zone standards, provided that it complies with all other requirements for urban dwellings and urban lot splits:
a. Accessory buildings;
b. Pools;
c. Utilities;
d. Signs;
e. Mechanical equipment, provided that any push-through window or wall mounted air conditioning units and tankless water heaters must not be visible from the right-of-way; and
f. Fences and walls, provided that all property line walls must be stucco over precision block in a color to match the dwelling or tan colored slumpstone. All property line walls must include a wall cap constructed of block or precast concrete.
44. Deed restriction and affordability requirements.
a. Prior to the issuance of a building permit for any new urban dwelling unit, the applicant must record a deed restriction with the Ventura County Recorder's Office that:
i. Applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the occupancy of the urban dwelling unit. ii. A rental of any unit created pursuant to this section be for a term longer than thirty days.
iii. Urban dwellings must be used for residential purposes only. iv. Urban dwellings on the same lot must not be sold separately. v. The deed restriction is binding upon any successor in ownership of the property.
b. Prior to the issuance of a building permit for any new urban dwelling unit, the applicant must enter into an affordable housing agreement with the City of Camarillo that must be recorded with the Ventura County Recorder's Office and includes the following:
i. Any new urban dwelling must be for rent and restricted to low- income households, unless the urban dwelling unit is
occupied by the owner of title to the property. This
requirement does not apply to any existing dwelling unit existing prior to December 8, 2021.
ii. For purposes of calculating rental prices, the following household size appropriate for the unit will be used: Studio = one person; one -bedroom unit = two persons; two -bedroom unit = three persons; three-bedroom unit = four persons. iii. The rental price of the affordable rental units will be calculated in accordance with California Health and Safety Code section 50053(b), unless other limitations are prescribed by the requirements of another funding entity, in which case such limitations will control in the determination of the rental price. iv. Qualified Household for affordable units means a household with annual income that does not exceed the then current income range established under Section 6932 of Title 25 of the California Code of Regulations, and in effect at the time the household submi ts its application, as adjusted by actual household size, unless otherwise prescribed by the
requirements of another funding entity other than the City, in which case such requirements will control.
v. That preference for the affordable housing units is given to persons who work or live within the Camarillo area.
vi. Property owner's process for selection of income -qualified renters in accordance with the recorded affordable housing agreement for that property.
vii. The process for the City's review and approval of the renter prior to the lease of any affordable housing unit.
viii. The term of the affordable covenant for the rental units will be 55 years from the issuance of a Certificate of Occupancy, that resets with each property transfer.
ix. Applicant and their successors and assigns must submit annual certification in a form as prescribed by the city, demonstrating compliance with the affordability restrictions.
45. Air quality. The applicant must meet all regulations of the Ventura County Air Pollution Control District and must be in compliance with the Air Quality Management Plan (AQMP) in connection with development of any urban dwelling unit.
46. Construction activities. Site preparation and construction activities must be limited to between the hours of 7 a.m. and 7 p.m., and not on Sundays or holidays, in accordance with the City's noise ordinance.
47. Business license requirement. All persons doing business in the city in connection with the urban dwelling unit must have a current business license tax certificate before commencing construction.
48. Deposits or security. Any deposit or security required by any ordinance, resolution or policy must be delivered to the city in a form acceptable to the
city. The community development director or the public works director is authorized to review, approve, and release any such deposits or securities in the amounts as set forth under Sections 18.65.110 and following.
L. Exception for development standards. Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least eight hundred square feet in floor area must be set aside. Objective zoning, objective subdivision standards, and objective design standards will be set aside in the following order until the site can contain two, eight hundred square foot units. Objective zoning, objective subdivision standards, and objective design standards will be set aside in the following order until the site can contain two, eight hundred square foot units:
1. Building setbacks;
2. Separation between structures; and
3. Private usable open space.
M. Denial based upon adverse impacts. The city may deny a proposed urban dwelling unit if the building official or its designee makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
N. Final decision. For the purposes of this section, decisions of the community development director, public works director, building official, or their designee, is final.
O. Expiration of approval. If construction of the urban dwelling unit has not commenced or is not diligently pursued within twelve months from the date approval, any urban dwelling unit approval will automatically expire on that date.
Title 19 Zoning, Chapter 14 R-1 SINGLE-FAMILY RESIDENTIAL ZONE, Section 180 Urban lot split requirements, of the Camarillo Municipal Code is hereby amended as follows:
The purpose of this Section is to establish procedures for implementing urban lot split requirements set forth in Government Code §§ 66411.7, et. seq., as may be amended from time to time.
A. Ministerial review process. An urban lot split parcel map application will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this section and in accordance with the procedures set forth in C hapter 18.26 of this code, all ordinances, policies, resolutions and standards of the city in effect at the time of approval, and Government Code section 66411.7. The community development director or city engineer is authorized to develop the forms and pr ocedures for such applications. If there is any conflict, then Government Code section 66411.7 will govern.
B. Location requirements. An urban lot split parcel map application must meet all the following location requirements:
1. The subject parcel must be located in an R-1 zone and be within or partially within the urbanized area, as designated by the US Census Bureau.
2. The subject parcel must not be located in an area designated in Government Code sections 65913.4(a)(6)(B) through (K). This includes certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, and habitats for protected species.
3. The subject parcel must not be located within a historic district or property, as set forth in Government Code section 65852.21(a)(6).
C. Limitation on demolition and alterations. A proposed urban lot split must not involve demolition or alteration of:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3. Housing that has been occupied by a tenant in the last three years.
D. Limitation on parcels withdrawn from rental market. A proposed urban lot split must not involve property withdrawn from rental market under GC §7060 and following, within fifteen years before the date that the development proponent submits an application.
E. Two residential unit limitation. No more than two urban dwellingresidential units may be developed on the underlying parcel exist or be proposed on each lot created through an urban lot split . Existing aAccessory dwelling units and junior accessory dwelling units will beare counted toward this maximum number of units.
All new units on a lot associated with an urban lot split must be urban dwelling units and cannot include a new accessory dwelling unit or junior accessory dwelling unit.
F. Short term rental limitation. A residential unit located on an urban lot split approved under this section may not be rented for a term shorter than thirty days.
G. Compliance with the Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and Title 18 of this code, except as expressly provided in this section.
H. Dedication and off -site improvements. A dedication of rights -of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map.
I. Easements and access to rights -of-way. Urban lot splits must meet the following requirements:
1. Fire department and quasi -public utility easements. A ten -foot wide easement must be provided over the front parcel to the rear parcel for access to the public right of way, providing quasi -public services and facilities, maintenance of utilities, and fire department access.
2. Private access easement. A ten -foot wide private access easement must be provided over the front parcel to the rear parcel for access to the public right of way.
3. Sewer lateral, water lateral and drainage easements. Ten -foot wide easements must be provided over one of the parcels being created for private sewer lateral, water lateral and/or drainage that may cross over the shared property line in favor of the other parcel being created.
4. Existing easements must be shown and called out on the parcel map.
5. Proposed easements with locations and widths must be shown on the parcel map labeled with a reference to be recorded by separate instrument.
6. New easements may be in the form of a deed restriction until one of the created parcels is sold at which time an easement document must be recorded.
7. No new access from an arterial street will be permitted.
J. Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
K. Residential use requirement. All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
L. Nonconforming zoning conditions. Nonconforming zoning conditions are not required to be made conforming before approving an application.
M. Prior urban lot split.
1. The parcel being subdivided may not have not been established through prior exercise of an urban lot split. In addition, neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel may have used the urban lot split process as provided for in this section.
2. No parcel may be further subdivided into a condominium or airspace subdivision after any such urban lot split.
N. Lot size requirements. The urban lot split must meet all of the following size requirements:
1. Both newly created parcels must be no smaller than one thousand two hundred square feet; and
2. Both newly created parcels must be of approximately equal lot area, which for purposes of this paragraph means that one parcel may not be smaller than forty percent of the lot area of the original parcel proposed for subdivision.
O. Fees.
1. Urban lot splits will be subject to applicable development fees as established by resolution. The amount of fees to be paid will be those in effect at the actual time of payment of such fees. Applicant must pay the applicable development fees before the parcel map is approved and ready to be recorded, or the grading/encroachment/sewer permit is ready to be issued, whichever occurs first, unless otherwise required by law.
2. Applicant must pay an in -lieu of park land dedication fee to the Pleasant Valley Recreation and Park District in accordance with Chapter 18.30 of the Camarillo Municipal Code prior to recordation of the final map.
P. Development Standards. A proposed urban lot split must comply with the following development standards:
1. Urban dwelling unit requirements. Any proposed urban dwelling unit at a parcel subject to such urban lot split must also comply with all applicable development standards as set forth in Section 19.14.170.K of this code.
2. Homeowners' association approval. If the parcel belongs to a homeowners' association, the applicant must provide a letter from the homeowners' association authorizing the urban lot split.
3. Legal lot. Applicant must submit verification that existing property is a legal lot at time of filing application.
Q. Exception. There is an exception from the objective zoning, objective subdivision, and objective design standards set forth in subsection P if application of such standards would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least eight hundred square feet in floor area, must be set aside. Such standards will be set aside in the following order until the site can contain two, eight hundred square foot units:
1. Building setbacks;
2. Separation between structures; and
3. Private usable open space
R. Denial based upon adverse impacts. The city may deny a proposed urban lot split if the building official or its designee makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
S. Final decision. For the purposes of this section, decisions of the community development director, public works director, building official, or their designee, is final.