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Ordinance O-2025-06
ORDINANCE NO. O-2025-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AMENDING CHAPTER 22.80
(URBAN LOT SPLITS), CHAPTER 23.13 (TWO-UNIT
HOUSING) AND CHAPTER 23.81 (GENERAL
REGULATIONS AND EXCEPTIONS) OF THE PLACENTIA
MUNICIPAL CODE IN ACCORDANCE WITH STATE LAW
City Attorney’s Summary
This Ordinance amends Chapter 22.80 of Title 22 (Subdivisions) and Chapters 23.13 and
23.81 of Title 23 (Zoning) of the Placentia Municipal Code regarding Urban Lot Splits and Two-Unit Developments to be in compliance with changes to state law.
WHEREAS, on July 19, 2022, the City Council adopted Ordinance No. O-2022- 07, creating regulations for two-unit housing developments and urban lot splits in accordance with state law; and
WHEREAS, since the time of the adoption of Ordinance No. O-2022-07, the state has made additional amendments to the Government Code relating to two-unit housing developments and urban lot splits; and
WHEREAS, this Ordinance is amending Chapter 22.80, Subdivisions of Four Parcels or Less, Chapter 23.13, Two-Unit Housing Developments, and Chapter 23.81, General Regulations and Exceptions of the Placentia to Municipal Code to be in compliance with all of the changes made to state law regarding two-unit housing developments and urban lot splits; and
WHEREAS, on June 10, 2025, the Planning Commission of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, after the close of the public hearing the Planning Commission recommended that the City Council adopt this Ordinance; and 165
Ordinance O-2025-06
WHEREAS, on July 1, 2025, the City Council of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, the City desires to amend its regulations to comply with State law.
NOW, THEREFORE, THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment. Chapter 22.80, Section 22.80.021 of the Placentia Municipal Code is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION 2. Amendment. Chapter 23.13 of the Placentia Municipal Code is hereby amended as set forth in Exhibit “B” attached hereto and incorporated herein by reference.
SECTION 3. Amendment. Chapter 23.81 of the Placentia Municipal Code is hereby amended to add new section 23.81.180 as set forth in Exhibit “C” attached hereto and incorporated herein by reference.
SECTION 4. CEQA. Pursuant to Government Code Sections 65852.21(k) and 66411.7(n) the adoption of an ordinance relating to two-unit housing developments and urban lot splits are not considered a project under CEQA.
SECTION 5. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. 166
Ordinance O-2025-06
SECTION 7. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 1st day of July 2025.
PASSED, APPROVED AND ADOPTED this 15th day of July 2025.
Kevin Kirwin, Mayor
ATTEST:
_________________________________
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 1st day of July 2025 and adopted at a regular meeting of the City Council of the City of Placentia, held on the 15th day of July 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
________________________________
Christian L. Bettenhausen, City Attorney
167
Ordinance O-2025-06
EXHIBIT “A”
CHAPTER 22.80
168
Ordinance O-2025-06
EXHIBIT “B”
CHAPTER 23.13
169
Ordinance O-2025-06
EXHIBIT “C”
SECTION 23.81.180
170
EXHIBIT “A”
CHAPTER 22.80
§ 22.80.021. Urban lot split requirements.
(a) Definitions. For purposes of this section, the following definition shall apply:
"Urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section.
(b) The city shall ministerially approve a parcel map for a lot split that meets the following requirements:
(1) The parcel is located within a single-family residential zone. (2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. (4) Both newly created parcels are no smaller than 1,200 square feet. (5) The parcel is not located in any of the following areas and does not fall within any of the following categories:
(A) A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance. (B) Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).
(C) Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D) A very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public
Resources Code.. This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances 171
Control has cleared the site for residential use or residential mixed uses.
(F) A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
(G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the
development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the
development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural
Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), or other adopted natural resource protection plan.
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K) Lands under a conservation easement.
(6) The proposed lot split would not require demolition or alteration of any of the following types of housing:
(A) 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;
(B) Housing that is subject to any form of rent or price control by the city; or (D)(C) Housing that has been occupied by a tenant in the last three years. 172
(7) A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application.
(7)(8) The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.
(8)(9) Flag lots are not permitted, unless necessary to comply with this section.
(c) Standards and Requirements. The following requirements shall apply:
(1) The lot split must conform to all applicable objective requirements of the California Subdivision Map Act (Government Code Sections 66410, et seq.) and Title 22 of the Placentia Municipal Code, except as the same are modified by this section.
(2) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(3) Except for those circumstances described in subsection (c)(2) above, the setback for side and rear lot lines for units 800 square feet or less shall be four feet. For units 801 square feet and larger, the side and rear set back shall be the same as set forth in the single- family residential zone or applicable single-family residential specific plan land use designation. The front setback shall be as set forth in the applicable single-family residential zone or applicable single-family residential specific plan land use designation.
(4) The applicant shall provide easements for the provision of public services and facilities as required to service the newly created lots. (5) All lots shall have a minimum street frontage of 10 feet to provide for vehicular access and shall comply with driveway requirements of Title 23. (6) Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with this section, in which case this section will prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(B) There is a car share vehicle located within one block of the parcel. (7) Lot coverage shall be the same as set forth in the single-family residential zone, so long as it does not prevent the construction of two 800 square foot 173
units.
(8) All grading shall comply with Chapter 20.40 (Grading and Excavating) of this code.
(9) Each resulting property must adjoin the public right of way or have vehicular access to the public right of way through a fee interest or perpetual access easement.
(10) Driveway locations are subject to public works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section 23.04.010 of this code. (11) Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within 150 feet of the fire apparatus. All properties shall comply with all fire protection requirements set forth in the California Fire Code and Title 18 of this code.
(12) Each resulting lot (properties) must have dedicated wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards:
(A) Location and size shall be determined in accordance with city standards. (B) Water shall include domestic, irrigation, and fire water systems. (C) Property shall be responsible to install new or upsized connections to city facilities in accordance with city standards.
(D) Unused connections shall be abandoned per city standards. (d) In connection with an application under this section, the city shall not:
(1) Require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.
(2) Impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) Require the correction of nonconforming zoning provisions as a condition for the lot split.
(4) Deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e) An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
174
(1) That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
(2) That the uses shall be limited to residential uses. (3) That any rental of any unit created by the lot split shall be for a minimum of 31 days.
(4) That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.
(5) That prohibits the separate fee interest conveyance of any unit on the parcel. (6) That the parcel is formed by an urban lot split and is subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.
(f) The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g) This section shall not apply to:
(1) Any parcel which has been established pursuant to a lot split in accordance with this section; or
(2) Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided his property pursuant to this division within five years of the lot split, the owner is acting in concert with the then owner of the adjacent lot. Acting in concert shall also include where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot. However, acting in concert is not limited to these situations.
(h) Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
175
(i) The provisions of this section supersede any provisions of Titles 22 and 23 of the municipal code to the contrary.
(j) An existing nonconforming or unpermitted dwelling unit may be legalized if it meets or can be improved to meet all requirements of Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for a two unit two-unit housing development.
(k) (1) An application pursuant to this section shall be considered and approved or denied within 60 days from the date the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If the city denies an application under this section, the city shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
176
EXHIBIT “B”
CHAPTER 23.13
TWO UNIT HOUSING DEVELOPMENTS
§ 23.13.010. Two unitTwo-unit housing development.
(a) For purposes of this chapter, the following definition shall apply:
(1) “Housing development” shall mean no more than two (2) residential units within a single-family zone that meets the requirements of this section. The two (2) units may consist of two (2) new units or one (1) new unit and one (1) existing unit.
(b) The city shall ministerially approve a housing development containing no more than two (2) residential units if it meets the following requirements:
(1) The parcel is located within a single-family residential zone.
(2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel is not located in any of the following areas and does not fall within any of the following categories:
(A) A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
(B) Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).
(C) Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D) A very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.further defined in Government Code Section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
177
(F) A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city’s building department. (G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. A special flood hazard area subject to inundation by the one (1) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or
The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii). (H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), or other adopted natural resource protection plan.Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I). 178
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (K) Lands under a conservation easement.
(4) The proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) 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;
(B) Housing that is subject to any form of rent or price control by the city; or (C) A parcel or parcels on which an owner of residential real property exercised rights
under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application; or (C) Housing that has been occupied by a tenant in the last three (3) years. (5) A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application.
(5) Demolition of an existing unit shall not exceed more than twenty-five (25) percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three (3) years.
(c) Standards and Requirements. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone or applicable single- family residential specific plan land use designation, unless they conflict with state law:
(1) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (2) Except for those circumstances described in section (Cc)(1) above, for units eight hundred (800) square feet or less, the setback for side and rear lot lines shall be four feet. For units eight hundred and one (801) square feet and larger, the side and rear set back shall be the same as set forth in the applicable single- family residential zone or applicable specific plan designation. The front setback shall be as set forth in the single- family residential zone or applicable single family residential specific plan designation.
(3) The applicant shall provide easements for the provision of public services and facilities as required.
179
(4) All lots shall have a minimum street frontage of ten feet to provide for vehicular access and shall comply with driveway requirements of Title 23. (5) Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with state law or this chapter, in which case state law and this chapter shall prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
(A) The parcel is located within one-half mile walking distance of either a high- quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(B) There is a car share vehicle located within one block of the parcel. (6) For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years, which shows that the system meets acceptable infiltration rates. (7) The front setback shall be twenty (20) feet on a lot that fronts on a street.
(8) The height of the structure shall be same as set forth in the single-family zone or applicable specific plan designation. However, any unit within the four feet rear set back shall be limited to one story. If the second structure meets the rear set back requirements of the single-family zone or applicable single-family residential specific plan land use designation, the height may be the same as required in said zone or land use designation, however, any second story must be stepped back a minimum of five (5) feet from the first-floor wall plane. Decks and balconies are prohibited.
(9) Lot coverage shall be the same as set forth in the single-family residential zone or applicable single-family residential specific plan land use designation, so long as it does not prevent the construction of two (2) eight hundred (800) square foot units.
(10) All grading shall comply with Chapter 20.40 of this code. (11) Each resulting property must adjoin the public right of way or have vehicular access to the public right of way through a fee interest or perpetual access easement.
(12) Driveway locations are subject to public works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section 23.04.010 of this code. (13) Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within one hundred fifty (150) feet of the fire apparatus. All properties shall comply with all fire protection requirements set forth in the California Fire Code and Title 18 of this code. (14) Each resulting lot (properties) must have dedicated wet (water, sewer, storm 180
drain) and dry (gas and electric) utilities which shall meet the following standards:
(A) Location and size shall be determined in accordance with city standards. (B) Water shall include domestic, irrigation, and fire water systems. (C) Property shall be responsible to install new or upsized connections to city facilities in accordance with City standards.
(D) Unused connections shall be abandoned per city standard. (15) Water heaters (excluding tank less) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit, unless within an enclosed structure. Tank less water heaters, when installed on the exterior of structure may only be installed on the first floor, must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.
(16) HVAC units must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling. (17) The total floor area of each primary dwelling unit built pursuant to this section may be less than eight hundred (800) square feet and also consistent with the minimum standards required by state law (generally two hundred twenty (220) square foot minimum). A primary dwelling unit that was legally established on the subject site prior to the two (2) unit project that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet or larger after or as part of the two (2) unit project pursuant to the development standards enforced in this chapter. A primary dwelling unit that was previously legally established on the subject site that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two (2) unit project approval and may not be expanded. (18) In addition to complyingAll landscaping shall comply with the single familysingle-family residential zone landscape provisions of this code, all developments shall plant mature landscaping consisting of (but not limited to) a minimum size thirty-six (36) inch box trees, fifteen (15) gal shrubs, or a combination of both.
(19) All development shall comply with the single familysingle-family residential zone open space provisions of this code, to the extent that is does not prevent two (2) primary dwelling units on the subject property of eight hundred (800) square feet each.
(20) The rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days.
(d) The city shall not:
(1) Impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet.
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(2) Deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e) An applicant that also proposes for an urban lot split under Chapter 22.80 shall be required to sign an affidavit in a form approved by the city City attorney Attorney to be recorded against the property stating the following:
(1) That the uses shall be limited to residential uses. (2) That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days.
(3) For an urban lot split, thatThat the parcel is formed by an urban lot split and is subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(4) That the 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 urban lot split.
(f) The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the 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. (g) Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
(h) (1) An application pursuant to this section shall be considered and approved or denied within 60 days from the date the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If the city denies an application under this section, the city shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(i) The provisions of this section supersede any provisions in the Titles 22 and 23 of the Municipal Code to the contrary.
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EXHIBIT “C”
CHAPTER 23.81.180
§ 23.81.180 Water heaters and HVAC systems
(a) Water heaters (excluding tank less) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit, unless within an enclosed structure. Tank less water heaters, when installed on the exterior of structure may only be installed on the first floor, must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.
(b) HVAC units must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling. 183