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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Adding Chapter 18.24 of Title 18 (Zoning) of the Palo Alto Municipal Code to Adopt Contextual Design Criteria and Objective Design Standards
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 18.24 (Contextual Design Criteria and Objective Design Standards) of Title 18 (Zoning) of the Palo Alto Municipal Code is added as follows:
Sections:
18.24.010 Purpose and Applicability
18.24.020 Public Realm/Sidewalk Character
18.24.030 Site Access
18.24.040 Building Orientation and Setbacks
18.24.050 Building Massing
18.24.060 Façade Design
18.24.070 Residential Entries
18.24.080 Open Space
18.24.090 Materials
18.24.100 Sustainability and Green Building Design
18.24.010 Purpose and Applicability
(a) Purpose
The purpose of this Chapter is to provide guidance for good design in the form of “contextual design criteria” which establish design intent, and objective design standards that facilitate streamlined review. Diagrams are provided for illustrative purposes only and are not intended to convey required architectural style. Rather, the objective design standards aim to accommodate a variety of styles, construction types (e.g., wood frame, modular) and housing types including townhomes, apartments, condos, and mixed-use buildings. (b) Applicability of Regulations
These regulations apply to Housing Development Projects (as defined in Gov. Code 65589.5), both new construction and renovations, within the following zones and combining districts:
(1) Chapter 18.13: RM-20, RM-30, RM-40
(2) Chapter 18.16: CN, CC, CC(2), CS
(3) Chapter 18.18: CD-C, CD-S, CD-N
(4) Chapter 18.20: MOR, ROLM, ROLM(E), RP, RP(5), GM
(5) Chapter 18.28: PF
(6) Chapter 18.34: PTOD combining district
Housing Development Projects include multifamily housing with three or more units (“multiplefamily use” as defined in 18.04.030), supportive and transitional housing, and residential mixed- *NOT YET APPROVED*
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use projects with at least two-thirds residential square footage shall meet the objective design standards.
(c) Process and Alternative Compliance
Each section of this chapter includes two components:
(1) Contextual design criteria establish design intent for more detailed standards and are intended to give guidance for all applicable projects, regardless of use. (2) Objective design standards provide detailed measurable standards or options for compliance. Projects meeting objective standards are automatically assumed to meet contextual design criteria.
Housing Development Projects are required to comply with objective standards in order to take advantage of streamlined review pursuant to Section 18.77.073. However, applicants may choose to forgo one or more objective standards, in which case the housing project no longer meets the definition of a Housing Development Projectqualifies for streamlined review and will be evaluated based on Context-Based Design Criteria for the zoning district, if relevant, and be subject to architectural review as set forth in Sections 18.76.020 and 18.77.070.
Non-Housing Development Projects and non-residential projects shall adhere to the ContextBased Design Criteria for the zoning district, if relevant, and be subject to architectural review as set forth in Section 18.76.020 and 18.77.070.
(d) Definitions
In addition to definitions provided in Chapter 18.04, the following definitions are specific to this Chapter.
(1) “Primary Building Frontage” means the front lot line or frontage lot line along the public right-of-way. In the case of a through-lot or corner lot, the primary building frontage could be on either public right-of-way.
(2) “Primary Building Entry” means the entrance leading to a lobby and accessed from the primary building frontage.
(3) “Pedestrian Walkway” means a sidewalk or path that is publicly-accessible and connects from a public right-of-way or private street to another public right-of-way, private street, or publicly accessible open space.
(4) “Façade Modulation” means a change in building plane, either a recess or a projection, that changes the shape of the exterior massing of the building.
18.24.020 Public Realm/Sidewalk Character
(a) Contextual Design Criteria
To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. Publicly accessible spaces and sidewalks should:
(1) Design the transition between the public and private realm through the coordination of amenities and materials, such as accent paving, tree wells, lighting and street furniture (e.g., benches, bicycle racks, trash receptacles, news racks). (2) Complement or match accent paving to existing designs in the Downtown and California Avenue business district.
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(3) Provide sidewalk widths that accommodate landscaping, street trees, furniture, and pedestrian amenities; create a pleasant, desirable place to walk; provide shade; and enable comfortable pedestrian passage.
(4) Provide amenities, such as parking and repair equipment, for micromobility, such as bicycles and scooters.
(5) Utilize street parking for visitor or customer parking and to enhance traffic calming. (b) Objective Design Standards
(1) Sidewalk Widths
(A) Public sidewalks abutting a development parcel in any commercial mixed-use district (CN, CS, CC, CC(2), CD-C, CD-S, CD-N, PTOD) shall have a minimum sidewalk width (curb to back of walk) of at least 10 feet. This standard may be met with a combination of pedestrian clear path and landscape and furniture strip (see Figure 1), as long as the pedestrian clear path is no less than 8 feet. If the existing public sidewalk does not meet the minimum standard, a publicly accessible extension of the sidewalk, with corresponding public access easement, shall be provided.
Notwithstanding the total dimensions required herein, the following streets/locations shall have a minimum sidewalk width as noted:
(i) El Camino Real: 12 ft
(ii) San Antonio Road, from Middlefield Road to East Charleston Road: 12 ft (B) Publicly accessible sidewalks or walkways, with landscape strips, connecting through a development parcel (e.g., on a through lot) shall have a minimum six-foot width. (C) Pedestrian walkways that are designed to provide access to bicycles shall have a minimum width of eight feet, with two feet of clear space on either side.
Figure 1: Illustrative Sidewalk Section and Description of Zones Mixed-Use Frontage Residential Frontage
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Table 1: Allowed features by sidewalk zone
Frontage Sidewalk Street
Building
Setback
Frontage
Area
Pedestrian
Clear Zone Landscape/Furniture Zone Vehicles/Bike Lanes Mixed-Use
• Sidewalk Dining
• Outdoor Displays
• Public Art
• Seating
• Trees/Planting
Residential
• Stoops
• Porches
• Front Yards
• Trees/Planting
• Sidewalk • Street Trees/Planting
• Street Lighting
• Seating
• Bike Parking
• Public Art
• Outdoor Dining
• Bus Shelters
• Utilities (e.g., hydrants)
• Street
Parking
• Bike Lanes
• Drop-off
Zones
• Parklets
• Bus Stops
(2) Street Trees
Sidewalks shall include at least one street tree, within six feet of the sidewalk, for every 30 feet of linear feet of sidewalk length. Rights of way under control of the County of Santa Clara or State of California, supersede this requirement if they have conflicting regulations.
(3) Accent Paving
On University and California Avenues, new construction projects shall install accent paving along the project frontage(s) (e.g., at intersections, sidewalks and/or other publicly-accessible areas), as indicated in the table below.
Table 2: Accent Paving
Street Segment Paving Material
University Avenue from Alma Street to
Webster Street
Brick at corners
Brick trim at mid-block
California Avenue from El Camino Real to
Park Boulevard
Decorative Glass throughout sidewalk
(4) Mobility Infrastructure
(A) Where provided or required, Mmicromobility infrastructure, such as locations to lock bicycles and scooters, shall be located within 30 feet of the primary building entry and/or a path leading to the primary building entry. This standard may be satisfied by existing infrastructure already located within 50 feet of the project site and located in the public right-of-way.
(B) Primary building entries shall provide at least one exterior seating area or bench within 30 feet of building entry and/or path leading to building entry. This standard may be satisfied by existing seating area or benches located in public right-of-way within 50 feet of the building entry. On arterials—except Downtown—seating areas *NOT YET APPROVED*
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or benches shall not be located between the sidewalk and curb. Arterial roadways are identified in Map T-5 of the Comprehensive Plan and do not include residential arterials.
18.24.030 Site Access
(a) Contextual Design Criteria
To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site’s surrounding context. Site access should include the following elements:
(1) Site circulation and access that presents a clear hierarchy and connectivity pattern both within a project and to adjacent sidewalks and transit stops. This hierarchy should prioritize pedestrians, bikes, vehicles, and utility/loading access in the order listed. This hierarchy may provide separate access for vehicles and other modes, or demonstrate how all modes are accommodated in shared access points. (2) Connections to side streets, open spaces, mews, alleys, and paseos (3) Vehicle, loading and service access that is integrated into building and landscape design and located to prevent conflicts with pedestrians and cyclists, while also provided convenient access to building entries.
(4) Shared access agreements among property owners, where feasible, to reduce the number and widths of curb cuts and driveways.
(b) Objective Design Standards
(1) Through-Lot Connections.
Through lots located more than 300 feet from an intersecting street or pedestrian walkway shall provide a publicly accessible sidewalk or pedestrian walkway connecting the two streets.
(2) Building Entries.
Primary Building Entries shall be located from a public right-of-way. or, If there is no public right-of-way adjacent to the building, if not possible, entries shall be located from a private street or publicly accessible Pedestrian Walkway. (3) Vehicle Access.
(A) Vehicle access shall be located on alleys or side streets when they abut the property where available.
(B) Except for driveway access and short-term loading spaces, off-street parking, offstreet vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage.
(4) Loading Docks and Service Areas.
Loading and service areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience as follows:
(A) Loading docks and service areas shall be located on facades that do not face other than thea primary building frontage: on alleys, from parking areas, and/or at the rear or side of building if building includes these frontages. When only primary building frontage is available, loading docks and service areas shall be recessed a minimum five feet from the primary façade and shall be screened by a solid fence or wall or dense landscaping, in accordance with Chapter 18.23.050. *NOT YET APPROVED*
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(B) Loading dock and service areas located within setback areas shall be screened in accordance with Chapter 18.23.050 by a solid fence, or wall, or dense landscaping and separated from pedestrian access to the primary building entry to avoid impeding pedestrian movement and safety.
18.24.040 Building Orientation and Setbacks
(a) Contextual Design Criteria
To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public’s experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. Buildings and site design should meet the following criteria:
(1) Buildings that create a street frontage that are compatible with nearby buildings and land uses.
(2) Placement and orientation of doorways, windows, stoops, and landscape elements to create a direct relationship with the street.
(3) Ground floor residential units that have direct entry and presence on the street, and maintain privacy.
(4) Transitional spaces and buffer areas between buildings, parcels, and sites through building setbacks that distinguish private and public spaces. (5) Buildings that provide side and rear setbacks and/or upper story step backs to create a compatible relationship with abutting lower density residential development. (6) Landscaped or usable areas that contain a balance between landscape and hardscape. (7) Optimized building orientation for thermal comfort, shading, daylighting, and natural ventilation and other forms of passive design.
(b) Objective Design Standards
(1) Treatment of Corner Buildings (less than 40 feet)
Corner buildings less than 40 feet in height and end units of townhouses or other attached housing products that face the street shall include the following features on their secondary building frontage:
(A) A height to width ratio greater than 1.2:1
(B) A minimum of 15 percent fenestration area.
(C) At least one facade modulation with a minimum depth of 18 inches and a minimum width of two feet. Examples: Wrap around front porch, bay window. (2) Treatment of Corner Buildings (40 feet and higher)
Corner buildings 40 feet or taller in height shall include at least one of the following special features:
(A) Street wall shall be located at the minimum front yard setback or build-to line for a minimum aggregated length of 40 feet in length on both facades meeting at the corner and shall include one or more of the following building features:
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(i) An entry to ground floor retail or primary building entrance located within 25 feet of the corner of the building
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(ii) A different material application and/or fenestration pattern from the rest of the façade.
(iii) A change in height of at least 4 feet greater or less than the height of the abutting adjacent primary façade.
(B) An open space with a minimum dimension of 20 feet and minimum area of 450 square feet. The open space shall be at least one of the following:
(i) A publicly accessible open space/plaza
(ii) A space used for outdoor seating for public dining *NOT YET APPROVED*
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(iii) A residential Common Open Space adjacent to a common interior space and less than two feet above adjacent sidewalk grade. Fences and railing shall be a minimum 50% open/transparent.
(3) Primary Building Entry
The primary building entry shall meet at least one of the following standards:
(A) Face a public right-of-way.
(B) Face a publicly accessible pedestrian walkway.
(C) Be visible from a public right-of-way through a forecourt or front porch that meets the following standards:
(i) For residential buildings with fewer than seven units, building entry forecourts or front porches shall be a minimum area of 36 square feet and minimum dimension of six feet.
(ii) For commercial buildings or residential buildings with seven or more units, building entry forecourts or front porches shall be a minimum of 100 square feet and a minimum width of 8 feet.
(4) Ground Floor Residential Units
(A) The finished floor of ground floor residential units, when adjacent to a public right-of-way, shall be within the minimum and maximum heights according to setback distance from back of walk identified in Figure 2. On sites with a cross slope greater than 2% along a building facade, the average height of the finished floor and back of walk shall be used. In flood zones, the minimum floor height shall be defined by the Federal Emergency Management Agency (FEMA) flood zone elevation.
(B) Ground floor units with a setback greater than 15 feet shall have at minimum an average of one tree per 40 linear feet of façade located in the building set back. *NOT YET APPROVED*
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(C) Ground floor residential unit entries shall be setback a minimum of 10 feet from the back of sidewalk.
(D) Where no minimum building set back is required, all residential units shall be set back a minimum 5 feet from back of walk.
(E) A minimum of 80% of the ground floor residential units that face a public rightof-way or publicly accessible path, or open space shall have a unit entry with direct access to the sidewalk, path, or open space. (Senior units or other deedrestricted units for special populations are exempt) Figure 2a: Finished Floor heights for ground floor residential units, calculation.
Formula: 𝑦𝑦 = �− 4
15� (𝑥𝑥) + 163
where 𝑦𝑦 = ground floor finished floor height, in feet
and 𝑥𝑥 = setback distance from back of walk, in feet
Setback Length Ground Floor Finished Floor
Height (minimum)
5 ft* 4 ft
7.5 ft 3 ft 4 in
10 ft 2 ft 8 in
12.5 ft 2 ft
15 ft 1 ft 4 in
17.5 ft 8 in
20 ft 0 ft (grade)
*Per 18.24.040.(b)(4)(D), ground-floor residential units shall be set back a minimum 5 feet from back of walk.
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Figure 2b: Finished Floor range for ground floor residential units. //
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Example 1: Finished floor height greater than 4 feet above sidewalk grade with minimum 5 feet setback.
Example 2: Finished floor height in the middle of the range. *NOT YET APPROVED*
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Example 3: Finished floor height at sidewalk grade.
(5) Front Yard Setback Character
Required setbacks shall provide a hardscape and/or landscaped area to create a transition between public and private space. The following standards apply, based on intended use and exclusive of areas devoted to outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
(A) Ground-floor retail or retail-like uses shall have a minimum of 10% of the required setback as landscaped area or planters.
(B) Ground-floor residential uses shall have a minimum of 60% landscaped area in the required setback area.
(6) Side Year Setback Character
(A) Each detached dwelling unit shall have at least one usable side yard, at least 6 feet wide, between the house and fence or other structure, to provide outdoor passage between the front and rear yards.
18.24.050 Building Massing
(a) Contextual Design Criteria
To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human-scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. Building massing should include elements that:
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(1) Break down large building facades and massing to create a human-scaled building that enhances the context of the site
(2) Are consistent in scale, mass and character to adjacent land uses and land use designations
(3) Reinforce the definition and importance of the street (4) Provide rooflines and massing that emphasize and accentuate significant elements of the building such as entries, bays, and balconies, and shading elements where appropriate.
(5) Provide harmonious transitions between abutting properties (6) Maintain privacy of residential uses through design strategies such as offset windows, reduced glazing, landscape screening, and site planning that extends setbacks to residential uses.
(b) Objective Design Standards
(1) Upper Floor Step Backs & Daylight Planes
(A) When the height of the subject building is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building, an upper floor step back shall start within 2 vertical feet of the height of the adjacent building. The step back shall be a minimum depth of 6 feet along both the façade on the primary building frontage and the facing facadefaçade of the adjacent building, and the step shall occur for a minimum of 70% of each façade length. (B) Notwithstanding, subsection (a), when abutting adjacent to a single-story building, the upper floor step back shall occur between 33 and 37 feet in height. (C) If a project meets the following criteria, a daylight plane with an initial height of 25 feet above grade at the property line and a 45-degree angle shall be required. No setback is required unless otherwise required by the zoning district. This daylight plane is required if all of these criteria are met:
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(i) The project is not subject to a daylight plane requirement, pursuant to district regulations in Title 18; and
(ii) The project proposes a building which is more than 20 feet above the average height (i.e., average of low and high roof elevations) of an adjacent building; and (iii) The project abuts residential units in the side or rear yard. (2) Privacy and Transitions to Residential Uses
When a building abuts a residential use at an interior side and/or rear property line , the building shall break down the abutting facing façade and maintain privacy by meeting all of the following applicable standards:
(A) Landscape Screening: A landscape screen that includes a row of trees with a minimum 1 tree per 25 linear feet and continuous shrubbery planting. This screening plant material shall be a minimum 72 inches (6 feet) in height when planted. Required trees shall be minimum 24” box size.
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(B) Façade Breaks: A minimum façade break of four feet in width, two feet in depth, and 32 square feet of area for every 36 to 40 feet of façade length. (C) Maximum Amount of Transparent Windowscy: Within 40 feet of the façade of an adjacent structurean abutting structure, no more than 15% of the facing façade area shall be windows or other glazing. Additional windows are allowed in order to maintain light, if they are fixed and fully obscured. (D) Windows: Within 30 feet of facing residential windows (except garage or common space windows) or private open space on an abutting adjacent residential building, facing windows on the subject site shall meet the following:
(i) Window sills at and above the 2nd floor shall be at least 5 feet above finished floor; or
(ii) Windows shall have opaque or translucent glazing at or below 5 feet above finished floor; or
(iii) Windows shall be angled up to 30 degrees (parallel to window) to face away from abutting the adjacent privacy impacts; and
(iv) Landscape screening shall be 24-inch box size or larger and 8+ feet height at planting; 50% evergreens; and located to align with proposed second floor windows at maturity
(E) Balconies: Within 30 feet of residential windows (except garage or common space windows) or private open space on an abutting adjacent residential building, balconies and decks on the subject site shall be designed to prevent views:
(i) No sight lines to the adjacent property window or open space are permitted within 5 feet above theof finished floorbalcony or deck flooring and a 45- degree angle downward from balcony railing
(ii) Submit section view of proposed balcony/deck and abutting residential windows and/or private open space
(iii) Provide balcony/deck design measure which may include:
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a. Minimum 85% opaque solid railing
b. Obscure glass railing
c. Barrier with min. 18” horizontal depth from railing (e.g., landscape planter)
(3) Maximum Façade Length.
For portions of a building facade facing a public street, right-of-way, or publicly accessible path, any building greater than 25 feet in height and 70 feet in length shall not have a continuous façade plane greater than 70% of the façade length without an upper floor modulation, which can include bay windows. Upper floor façade modulations shall be a minimum 2 feet in depth, which can be a recess or a projection. (A) Buildings 250 feet in length or greater, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 400 square feet and a width greater than or equal to two times the depth.
(B) Buildings 150 to 250 feet in length, which face a public street, right-of-way, or publicly accessible path, shall have at least one vertical façade break with a minimum area greater than 64 square feet and a minimum width of 8 feet and minimum depth of 4 feet.
*NOT YET APPROVED*
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(4) Special Conditions - Railroad Frontages
All parcels with lot lines abutting railroad rights-of-way shall meet the following standards on the railroad-abutting facade:
(A) A minimum facade break of at least 10 feet in width and six feet in depth for every 60 feet of façade length.
(B) For portion of a building 20 feet or greater in height, a maximum continuous façade length shall not exceed 60 feet.
(5) Diversity of Housing Types
(A) A diversity of housing types (e.g., detached units, attached rowhouses/townhomes, condominiums or apartments, mixed use) are required for projects on large lots:
• < 1-acre lots: minimum 1 housing type;
• 1 to 2-acre lots: minimum 2 housing types; or
• > 2-acre lots = minimum 3 housing types.
18.24.060 Façade Design
(a) Contextual Design Criteria
To create cohesive and well-crafted building facades with human-scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. Facades should include the following elements:
(1) Human-scaled detail, articulation, and craftsmanship (2) Quality of construction, craftsmanship, and design to create long lasting buildings (3) Expression of a human-scaled façade rhythm and pattern that reflects the building’s use (4) Fenestration that enhances the architectural character of the building (5) Defined building entry that is proportional to the building and number of people served (6) Articulation of the building shall break down the scale of the building via building modulation, façade articulation, and variation of fenestration and material patterns. (b) Application
(1) All facades shall meet all the required design standards and guidelines to ensure the same level of care and integrity throughout the building design. *NOT YET APPROVED*
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(2) Façade sidewalls located along a zero-lot line where, at time of approval are not visible from a right-of-way, are exempt.
(3) Façade sidewalls located along a zero-lot line, where at time of approval are visible from a right-of-way, shall continue color, material, and pattern of the main façade. (c) Objective Design Standards
(1) Base/Middle/Top
(A) Buildings three stories or taller and on lots wider than 50 feet shall be designed to differentiate a defined base or ground floor, a middle or body, and a top, cornice, or parapet cap. Each of these elements shall be distinguished from one another for a minimum of 80% of the façade length through use of three or more of the following four techniques:
(i) Variation in building modulation (minimum of one, if option selected) a. Horizontal shifts. Changes in floor plates that protrude and/or recess with a minimum dimension of two feet from the primary facade.
b. Upper floor step backs. A horizontal step back of upper-floor façades with a minimum five-foot step back from the primary façade for a minimum of 80% of the length of the façade.
*NOT YET APPROVED*
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c. Ground floor step back. A horizontal shift of the ground floor facade with a minimum depth of two feet for a minimum 80% of the length of the façade.
Ground floor step backs shall not exceed the maximum setback requirements, where stated.
(ii) Variation in facade articulation (minimum of one, if option selected) a. Variation in horizontal and/or vertical recesses or projections such as a pattern of recessed grouping of windows, recessed panels, or bay windows.
The recess or projection shall be a minimum four inches in depth. *NOT YET APPROVED*
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b. Variation in horizontal and/or vertical projections such as shading and weather protection devices, decorative architectural details c. Datum lines that continue the length of the building, such as parapets or cornices, with a minimum four inches in height or a minimum two inches in depth and include a change in material;
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(iii) Variation in at least two of the following: fenestration size, proportions, pattern, and depth or projection.
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(iv) Variation in two of the following: façade material, material size, texture and pattern, or color.
(2) Façade Composition
Building facades shall use a variety of strategies including building modulation, fenestration, and façade articulation to create visual interest and express a variety of scales through a variety of strategies. All facades shall include a minimum of three of the following façade articulation strategies to create visual interest:
(i) Vertical and horizontal recesses such as a pattern of recessed grouping of windows or recessed panels. The recess shall be a minimum four inches in depth. (ii) Vertical and horizontal projections such as shading and weather protection devices or decorative architectural details. Projections shall be a minimum four inches in depth.
(iii) Datum lines that continue the length of the building, such as cornices, with a minimum four inches in depth, or a minimum two inches in depth and include a change in material;
(iv) Balconies, habitable projections, or Juliet balconies (every 20 to 40 feet) with a minimum four inches in depth;
(v) Screening devices such as lattices, louvers, shading devices, or perforated metal screens;
(vi) Use of fine-grained building materials, such as brick or wood shingles, not to exceed eight inches in either height or width; or
(vii) Incorporate a minimum of three colors, materials, and/or textures across the whole building.
(3) Compatible Rhythm and Pattern
(A) Buildings shall express a vertical rhythm and pattern that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved with building modulation to create vertically oriented facades (height greater than the width of the façade), façade articulation and fenestration repetitive vertically *NOT YET APPROVED*
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oriented patterns. Depending on the length of the façade, the following standards apply:
(i) For continuous facades less than 100 feet in length, the façade shall have vertically oriented patterns of vertical recesses or projections, façade articulation, and/or fenestration.
(ii) For continuous facades 100 feet or greater in length, the façade shall include either:
a. A vertical recess or change in façade plane with a minimum 2 feet deep vertical shift modulation for a minimum 4 feet in width to establish a vertical rhythm or a unit between 20 to 50 feet in width; or
b. A vertical recess or projection with a minimum depth of 2 feet that establishes the vertical rhythm housing units or individual rooms between 10 to 16 feet in width.
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(B) Residential mixed-use buildings shall express a vertical rhythm and pattern by meeting at least one of the following standards:
(i) Vertical Patterns and Modulation: Facades shall use vertical patterns of building modulation, façade articulation, and fenestration.
(ii) Horizontal Patterns and Modulation: Facades that use horizontal articulation and fenestration patterns shall use a vertical massing strategy with a minimum four feet wide and two feet deep vertical shift in modulation at least once every 50 feet of façade length.
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(C) Storefront uses shall express a vertical rhythm not to exceed 30 to 50 feet in width. (4) Emphasize Building Elements and Massing
(A) Building Entries Within Façade Design
(i) Primary building entries shall be scaled proportionally to the number of people served (amount of floor-area or number of units accessed). Building entries inclusive of doorway and facade plane shall meet the following minimum dimensions:
a. Individual residential entries: five feet in width
b. Shared residential entry, such as mixed-use buildings: 8 feet in width c. Commercial building entry: 20 feet in width
d. Storefront entry: six feet in width
(ii) Primary building entries (not inclusive of individual residential entries) shall include a façade modulation that includes at least one of the following:
a. A recess or projection from the primary façade plane with a minimum depth of two feet.
(B) Primary entries shall include weather protection that is a minimum 4 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
(5) Storefront/Retail Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor-to-floor or shall maintain a 2nd floor datum line of an abutting building.
(B) Transparency shall include a minimum 60 percent transparent glazing between 2 and 10 feet in height from sidewalk, providing unobstructed views into the commercial space.
(C) Bulkheads and solid base walls: If provided, shall measure between 12 and 30 inches from finished grade
*NOT YET APPROVED*
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(D) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
(E) Awnings, canopies and weather protection:
(i) When transom windows are above display windows, awnings, canopies and similar, weather protection elements shall be installed between transom and display windows. These elements should allow for light to enter the storefront through the transom windows and allow the weather protection feature to shade the display window.
(ii) Awnings may be fixed or retractable.
(6) Other Non-residential Ground Floors
(A) Ground floor height shall be a minimum 14 feet floor-to-floor or shall match the 2nd floor datum line of an abutting building.
(B) Transparency shall include a minimum 50 percent transparent glazing between 4 and 10 feet in height from sidewalk or terrace grade.
(C) Primary entries shall include weather protection that is a minimum 6 feet wide and 4 feet deep by recessing the entry, providing an awning or using a combination of these methods.
*NOT YET APPROVED*
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(7) Parking/Loading/Utilities
(A) Entry Size: No more than 25% of the site frontage facing a street should be devoted to garage openings, carports, surface parking, loading entries, or utilities access (on sites with less than 100 feet of frontage, no more than 25 feet) (B) Above grade structured parking levels facing a public right-of-way or publicly accessible open space/path, with the exception of vehicular alleys, shall be lined with commercial or habitable uses with a minimum depth of 20 feet. (C) Partially sub-grade parking shall not have an exposed façade that exceeds five feet in height above abutting grade at back of sidewalk.
(D) Partially sub-grade parking shall be screened with continuous landscaping and shrubbery with minimum height of 3 feet and be within 10 feet of the sub-grade parking.
18.24.070 Residential Entries
(a) Contextual Design Criteria
Private entries into ground floor residential units shall be designed to provide:
(1) human-scaled detailing
(2) enhanced pedestrian experience
(3) transition between public and private space
(4) spaces for residents to gather and spend time outdoors (5) resident privacy
(b) Objective Design Standards
(1) Ground Floor Unit Entries: Where ground floor residential unit entries are required, one or more of the following entry types shall be provided:
(A) Stoop:
(i) Stoops shall provide entry access for a maximum of two units; and (ii) Stoop heights shall be within 1 step of finished floor height of adjacent unit; and *NOT YET APPROVED*
29 0160073_20220608_ay16
(iii) Stoop entry landings shall be a minimum 5 feet in depth; and (iv) The maximum stoop height from the back of sidewalk grade shall be 5 feet. (B) Porch:
(i) Porches shall provide entry access for a maximum of one unit; and (ii) Porch heights shall be within 1 step of finished floor height of adjacent unit; and (iii) Porches shall be large enough so a 6-foot by 6-foot square can fit inside of a porch for each unit; and
(iv) The maximum porch floor height from the back of sidewalk grade shall be 5 feet. (C) Patio Entry
(i) Patio entries may serve up to two units; and
(ii) Patios shall be large enough so a 5-foot by 5-foot square can fit inside of the patio for each unit; and
*NOT YET APPROVED*
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(iii) The Patio shall include at least one of the following features to define the transition between public and private space:
a. A row of shrubs not exceeding 42 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space. Shrubs shall be at least one gallon in size and be planted a maximum of three feet on center; or
b. A fence not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space, with a gate or fence opening to provide access to the pedestrian route between the pedestrian way and the front door; or
c. A metal, wood or stone wall not to exceed 36 inches in height located between the sidewalk and the patio that assists with defining the edge between public and private space with a gate or wall opening to provide access to the pedestrian route between the pedestrian way and the front door. A minimum 18-inch landscape strip shall be located between the wall and the abutting pedestrian way and entirely landscaped with ground cover, shrubs or other landscape living plant material.
(D) Terrace:
(i) A Terrace may serve multiple unit entries; and
(ii) The maximum Terrace height shall be 30 inches above the grade of the back of the adjacent sidewalk or accessway; and
(iii) Walls, fences and hedges on Terraces shall be a maximum of 42 inches tall and have a minimum transparency of 40 percent.
*NOT YET APPROVED*
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(E) Frontage Court:
(i) A Frontage Court may serve multiple unit entries; and (ii) The minimum Frontage Court width along a primary frontage shall be 25 feet; and
(iii) The maximum Frontage Court width along a primary frontage shall be 50 percent of the facade length or 80 feet, whichever is less; and (iv) The minimum Frontage Court depth shall be 25 feet; and (v) The maximum Frontage Court depth shall be 50 feet or a ratio not to exceed 2:1 depth to width.
*NOT YET APPROVED*
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18.24.080 Open Space
(a) Contextual Design Criteria
To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto. Common and private open spaces should include the following characteristics:
(1) Be integrated into the site access and building circulation strategy (2) Be generous in dimension to provide usable space
(3) Provide landscape elements that will support the health of the plants and enhance the character of place
(4) Promote public health
(5) Be located to provide easy access to private and common building areas, protected from the activities of commercial areas, and balance privacy and noise impacts to neighboring uses
(6) Promote sustainable practices and opportunities for green infrastructure (7) Promote community safety through eyes on the street (b) Objective Design Standards
(1) Private Open Space
If Private Open Spaces is provided, it shall meet the following standards:
(A) Floor area shall include a clear space with a minimum dimension of a circle with a six-foot diameter.
(B) Minimum clear height dimension of 8’-6” feet
(C) Be accessed directly from a residential unit
(D) Balconies shall not be located within the daylight plane (E) Notwithstanding subsection (a), ground floor patios shall meet the following minimum requirements:
(i) RM-20 and RM-30 districts: Minimum 100 square feet of area, the least dimension of which is eight feet for at least 75% of the area (ii) RM-40 districts: Minimum 80 square feet of area, the least dimension of which is six feet for at least 75% of the area
(iii) Street facing private open space on the ground floor shall meet the finished floor height for ground floor residential standards in section 18.24.040(b)(4) (2) If Common Open Space is provided, it shall meet the following standards:
(A) Minimum size of 200 square feet
(B) Area shall include a space with a minimum dimension of a circle with a 10-foot diameter.
(C) A minimum of 60% of the area shall be open to the sky and free of permanent weather protection or encroachments. Trellises and similar open-air features are permitted.
(D) Notwithstanding subsection (1), courtyards enclosed on four sides shall have a minimum dimension of 40 feet and have a minimum courtyard width to building height ratio of 1:1.25
*NOT YET APPROVED*
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(E) Include places to sit
(F) A minimum 20% of landscaping
(G) Soil Depth: Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.
18.24.090 Materials
(a) Contextual Design Criteria
To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community.
(b) Objective Design Standards
(1) Façade Materials.
Primary, secondary, and accent materials are allowed or prohibited as in the Residential and Residential Mixed-use Material List, which may be updated from time to time by the Director of Planning with a recommendation by the ARB. //
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*NOT YET APPROVED*
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18.24.100 Sustainability and Green Building Design
(a) Contextual Design Criteria
To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high-quality spaces and high recycled content materials. The following considerations should be included in site and building design:
(1) Optimize building orientation for thermal comfort, shading, daylighting, and natural ventilation, including operable windows
(2) Design landscaping to create comfortable micro-climates and reduce heat island effects (3) Design landscaping with native species
(4) Maximize onsite stormwater management through landscaping and permeable pavement
(5) Use sustainable building materials
(6) Design lighting, plumbing and equipment for efficient energy use (7) Create healthy indoor environments
(8) Use creativity and innovation to build more sustainable environments. One example is establishing gardens with edible fruits, vegetables or other plants to satisfy a portion of project open space requirements
(b) Objective Design Standards
See Chapter 16.14: California Green Building Standards additional requirements for green building and sustainable design. Notwithstanding Section 18.24.010(c), these regulations may not be modified through alternative compliance.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The Council finds that this Ordinance represents the implementation of adopted plans and policy. Therefore, the Ordinance are exempt under the California Environmental Quality Act (CEQA) and/or covered by the CEQA documents prepared for the City of Palo Alto Comprehensive Plan 2030. The project aims to facilitate implementation of State law. The project does not propose to increase development beyond what was analyzed in the Comprehensive Plan.
//
//
*NOT YET APPROVED*
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SECTION 4. This Ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED and PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
_________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_________________________ ____________________________
Assistant City Attorney Director of Planning and
Development Services
CITY OF LOS ANGELES
INTER-DEPARTMENTAL CORRESPONDENCE
DATE: February 15, 2023
TO: Department of Building and Safety Staff
Department of City Planning Staff
Interested Parties
FROM: Vincent P. Bertoni, AICP
Director of Planning
Department of City Planning
Osama Younan
General Manager
Department of Building and Safety
SUBJECT: IMPLEMENTATION OF THE HOUSING CRISIS ACT OF 2019 On October 9, 2019, the Governor signed into law the Housing Crisis Act of 2019 (HCA or Housing Crisis Act) through Senate Bill (SB) 330 (2019). SB 330 created new statewide rules under Title 7 of the California Government Code regarding the production, preservation, and planning for housing. The HCA has been in effect since January 1, 2020. Subsequently, on September 16, 2021, the Governor signed into law SB 8 (2021), the first major clarification of the HCA. SB 8 has been in effect since January 1, 2022.
This memorandum serves as interim guidance for staff in the Departments of City Planning and Building and Safety regarding City policies and processes as they relate to the implementation of the HCA, as amended by SB 8, and does not create any new City ordinances or regulations.
It reflects most but does not cover all circumstances and may be subject to additional information, interpretation and consideration based on individual application circumstances and changes in state or local law. Further, this memorandum provides a summary of pertinent sections of the HCA for reference purposes only and is not intended to conflict with State Law.
This memorandum supplements the “Implementation of State Law SB 330 - Housing Crisis Act of 2019” memorandum dated January 17, 2020.
o.y.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
2 Table of Contents
I. Summary of The Housing Crisis Act, as Amended by SB 8 II. General Applicability and Effective Dates
III. General Procedures
IV. Housing Development Project Definition and Types
V. HCA Housing Replacement
VI. HCA Occupant Protections
VII. Relationship of HCA Replacement to Other Replacement Provisions in State Law VIII. Implementation of HCA Housing Replacement and Occupant Protections IX. Housing Crisis Act Vesting Preliminary Application
X. Additional Project Review Streamlining Provisions
XI. Limitations on Reducing Housing Capacity
XII. City Contacts
Appendix A. Relationship of the HCA to Housing Development Projects That Involve No Discretionary Approvals
I. SUMMARY OF THE HOUSING CRISIS ACT, AS AMENDED BY SB 8 The Housing Crisis Act establishes a statewide temporary housing emergency, aiming to increase certainty in the development review process, preserve existing affordable housing, enhance protections for occupants, and prevent certain actions that would reduce the availability of housing. For the duration of the emergency period, the HCA, as amended by SB 8, does the following:
General Applicability and Effective Dates
● (1) Extends certain rights and responsibilities through 2034 to Housing Development Projects1 that submit a City Planning application, building permit, or HCA Vesting Preliminary Application before January 1, 2030,
● (2) Clarifies that certain provisions of the HCA apply to Housing Development Projects that involve no discretionary approvals (i.e. ministerial or by-right) (Government Code (G.C.) Section (Sec.) 65905.5(b)(3)) submitted to the City on or after January 1, 2022 (G.C. Sec 65905.5(f)),
● (3) Clarifies that certain provisions of the HCA apply to Housing Development Projects consisting of the development of a single unit (G.C. Sec. 65905.5(b)(3)(C)), 1 See Section III of this memorandum for the definition of "Housing Development Project." City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
3 Housing Replacement and Occupant Protections
● (4) Requires that a Housing Development Project not result in a net loss of residential units (G.C. Sec. 66300(d)(1)),
● (5) Provides that Protected Units2 must be replaced with new units consisting of the same number of bedrooms at the same income level of the Protected Unit, with specified exceptions for single-family dwellings being built and single-family dwellings being replaced (G.C. Sec. 66300(d)(2)),
● (6) Provides that all occupants of Protected Units are provided a right to remain in their units up to six months prior to the start of construction activities (G.C. Sec. 66300(d)(2)(C)),
● (7) Allows lower-income occupants of Protected Units applicable relocation assistance and a right of first refusal (right to return) at a rent or cost affordable to their income level, with specified exceptions (G.C. Sec. 66300(d)(2)(D)), Project Review Streamlining
● (8) Creates a new vesting process for zoning and land use ordinances, policies, and standards in place when a HCA Vesting Preliminary Application is submitted, with limitations (G.C. Sec. 65941.1),
● (9) Requires that the historic status or designation of any site be determined at the time that a complete application is submitted (G.C. Sec. 65913.10), ● (10) Limits the number of public hearings allowed for Housing Development Projects that meet all applicable zoning and land use standards (G.C. Sec. 65905.5), ● (11) Shortens the review period for Housing Development Projects associated with an Environmental Impact Report (G.C. Sec.65950),
● (12) Places limitations on the enforcement and imposition of design standards established on or after January 1, 2020, that are not objective design standards (G.C.
Sec. 66300(b)(1)(C),
Planning and Zoning for Housing
● (13) Places limitations on the City’s ability to reduce the housing capacity of land (G.C.
Sec. 66300(b) and (i),
Local Jurisdiction Implementation Provisions
● (14) Requires the City to provide available tenant and unit information necessary to determine compliance with the housing replacement obligations and occupant protections of Government Code Section 66300, as part of the regular project review process (G.C. Section 65940(a)(2)), and
● (15) Prohibits approval of a Housing Development Project unless the replacement requirements and occupant protections are applied (G.C. Section 66300(d)(1) and (2)). 2 See Section VII of this memorandum for the definition of "Protected Unit." City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
4 II. GENERAL APPLICABILITY AND EFFECTIVE DATES
The Housing Crisis Act, as amended by SB 8, applies to the following projects, as specified in the Act, through 2034 when submitted to the City before January 1, 20303 :
• Discretionary Housing Development Projects with a final approval on or after January 1, 2020
• On or after January 1, 2022, ministerial Housing Development Projects with an application submitted to Los Angeles City Planning (City Planning) or for which the Los Angeles Department of Building and Safety (LADBS) accepts a complete building permit Plan Check application,
• A Housing Development Project that submits a complete HCA Vesting Preliminary Application.
III. GENERAL PROCEDURES
To implement the Housing Crisis, Act and Title 7 of the Government Code, as amended by SB 8, certain development review criteria apply to proposed Housing Development Projects.
Housing Replacement and Occupant Protections
A Housing Development Project must obtain a SB 8 Replacement Unit Determination (RUD) letter from the Los Angeles Housing Department (LAHD) prior to submitting a complete application to City Planning or receiving clearance from LAHD in the LADBS permitting process4 for a project that does not require an application to City Planning. Alternatively, if the project qualifies, it may obtain and complete a No Net Loss Property Owner Declaration in lieu of the SB 8 RUD.
3 The replacement obligations of the HCA do not apply to discretionary Housing Development Projects that submitted a complete application to the Department of City Planning before January 1, 2020 nor to ministerial Housing Development Projects that submitted either their building permit Plan Check application to LADBS or their City Planning application before January 1, 2022. See Section V of this memorandum for more information on the applicability of the HCA housing replacement requirements. 4 Government Code Section 66300 does not apply to a Housing Development Project in a Very High Fire Hazard Severity Zone, as determined by the State Fire Marshal. However, a site located within a VHFHSZ that is also identified on the City’s Housing Element sites inventory (GC 65583.2(g)(3)) may still require replacement units as a condition of any development on the site. Go to the “Housing” tab on zimas.lacity.org for additional HCA and Housing Element housing replacement information on specific sites.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
5 Optional Vesting
Most housing projects qualify to submit an optional HCA Vesting Preliminary Application to lockin local planning and zoning rules at the time a complete vesting preliminary application is submitted. These vesting rights do not apply to changes in State law or to changes in building code. HCA vesting rights must be initiated prior to filing a City Planning application or submitting a building permit Plan Check application. In order to initiate a request for HCA vesting rights, submit a Housing Crisis Act Vesting Preliminary Application (CP-4062) Form and the required materials through City Planning's Online Application Portal.
Preliminary Zoning Assessment
A Housing Development Project consisting of two or more residential units that is associated with a City Planning application for its development must receive a completed Preliminary Zoning Assessment from LADBS to determine zoning compliance and identify any issues that may need to be resolved through an application to City Planning. The PZA primarily consists of an informational zoning Plan Check conducted by LADBS staff, accompanied by completion of Referral Form CP-4064.
These procedures are further described in Sections VIII, IX, X, the Housing Development Project Applicability Matrix, and the Housing Replacement and Occupant Protection Matrix provided by the departments.
IV. HOUSING DEVELOPMENT PROJECT DEFINITION AND TYPES
“Housing Development Project” Definition
For the purpose of applying the HCA, a Housing Development Project is defined in California Government Code Section 65905.5(b)(3) to include a project that creates one or more residential unit(s), Supportive Housing, or Transitional Housing.5
Housing Development Project Types
In order to determine whether a development type is a Housing Development Project as defined in Government Code Section 65905.5, a list of common development types and the applicability of related procedures is provided in a “Housing Development Project Applicability Matrix” that is made available by the departments. The applicability matrix includes many, but not all, Housing Development Project types and may be amended from time to time. See Section III of this memorandum for more information on general procedures.
5 This definition does not change the definition of Housing Development Project in the Housing Accountability Act (HAA) under Government Code Section 65589.5(h), which defines a Housing Development Project subject to the HAA as a residential-only project with two or more units, a mixed-use development with a minimum of two-thirds residential floor area, or transitional or supportive housing.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
6 In addition, a project that results in a net increase in residential units is a Housing Development Project, regardless of the building permit type under which the construction occurs. For example, a Housing Development Project would result from the interior conversion of a commercial building to an apartment or conversion of a single-family dwelling to a duplex. A residential project or a mixed-use project on a site that includes residential units and results in a net decrease in residential units is also a Housing Development Project, regardless of the building permit type under which the construction occurs. For example, the conversion of a duplex to a single-family dwelling is a Housing Development Project that results in a net loss of units. Residential projects consisting only of alterations, no new residential units, and no net increase or decrease in residential units shall not be considered a Housing Development project.
V. HCA HOUSING REPLACEMENT
General Provisions
The Housing Crisis Act, as amended by SB 8, requires that certain housing replacement provisions and occupant protections apply on sites where a Housing Development Project is proposed (G.C. Sec. 66300(d)). A Housing Development Project must not result in a net loss of units. “Protected Units” must be replaced with units consisting of the same number of bedrooms and at a rent or cost consistent with the income level of the household, with specified exceptions. Additional protections to occupants of certain Protected Units also apply.
Until January 1, 2034, the replacement provisions of Government Code Section 66300(d) apply to Housing Development Projects that, before January 1, 2030, submit a City Planning application, a building permit Plan Check application, or a HCA Vesting Preliminary Application.
However, the replacement obligations of Government Code Section 66300 do not apply to discretionary Housing Development Projects that submitted a complete application to the Department of City Planning before January 1, 2020, nor to ministerial Housing Development Projects that submitted either their building permit Plan Check application to LADBS or their City Planning application before January 1, 2022.
The replacement provisions and occupant protections of the Housing Crisis Act also do not apply to Housing Development Projects in a Very High Fire Hazard Severity Zone, as determined by the State Fire Marshal (G.C. Sec. 66300(f)(4)6 .
6 A site within a Very High Fire Hazard Severity Zone that is also identified on the City’s Housing Element sites inventory may still require replacement units as a condition of any development on the site. See Section IX of this memorandum for additional information on replacement under Housing Element law.
Go to the “Housing” tab on zimas.lacity.org for additional HCA and Housing Element housing replacement information on specific sites.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
7 Definition of “Protected Unit”
A Protected Unit, as defined in Government Code Section 66300(d)(2)(F)(vi) includes the following types of residential dwelling units:
● A residential unit occupied by a lower-income household ● An affordable rent-restricted unit
● A unit subject to the Rent Stabilization Ordinance (RSO) or AB 1482 (2019) ● A unit withdrawn from rent or lease in accordance with Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 (the “Ellis Act”) within the tenyear period preceding submittal to the City 5-year and 10-year Look-back Periods for Prior Units
A Housing Development Project must include at least as many residential dwelling units as the greatest number of Protected Units (i.e. the “highpoint” (G.C. Sec. 65915(c)(3)(B)) that existed on the project site within the five-year period preceding submittal to the City. Further, the “Protected Unit” replacement provisions of Government Code Section 66300(d)(2) apply to any residential unit withdrawn from rent in accordance with Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 (the “Ellis Act”) within a ten-year period prior to submittal to the City.
Replacement of All Residential Units
Housing Development Projects requiring the demolition of one or more residential units must replace at least as many residential units as will be demolished, pursuant to Government Code Section 66300, as amended by SB 8. Housing Development Projects consisting of a single unit may require additional replacement units if demolishing more than one unit. For example, a duplex must be replaced by at least two units.
Replacement of Legal Residential Units Non-Conforming as to Zoning Density A site with legal non-conforming units as to density must be replaced without regard to the underlying zoning limitations on density and without any further action from the Department of City Planning on the matter of density, consistent with Government Code Section 66300(d)(1).
All other applicable development standards and processes still apply in addition to any applicable exceptions.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
8 Replacement of “Protected Units”
Government Code Section 66300, as amended by SB 8, provides that when a Housing Development Project consists of two or more units, it must replace a Protected Unit with a new unit of equivalent size and at an income level commensurate with the income category of the household that occupied the Protected Unit and include additional protections for their occupants—including a right to return, a right to remain up to six months before the start of construction, and relocation assistance. These provisions are in addition to the no net loss provisions described above.
When only one single unit replaces one single unit, the replacement unit may be of any size and income level consistent with State and City rules and regulations.
Replacement Units with the Same Number of Bedrooms
A Protected Unit must be replaced on-site in the Housing Development Project with a new unit of “equivalent size,” consistent with Government Code Section 66300(d)(2)(F)(iii) and (vii). The replacement unit must include at least the same total number of bedrooms as the unit being replaced. The replacement unit is not required to be the same square-footage or include the same number of total rooms. A Housing Development Project with two or more units may replace a single Protected Unit consisting of more than three bedrooms with a unit containing only three bedrooms. There are limited exceptions to the forgoing in situations involving a single-family dwelling (G.C. Sec. 66300(d)(2)(D) and (F)).
A Housing Replacement and Occupant Protections Matrix is provided by the departments as a consolidated reference related to these provisions.
VI. HCA OCCUPANT PROTECTIONS
Right to Remain for All Occupants
Before a unit can be demolished or occupants are evicted for the purpose of building a Housing Development Project, the occupants shall have the right to occupy their units until six months before the start of construction activities on the new project. If demolition of the unit does not proceed, then the occupant may return to the unit. (G.C. Sec. 66300(d)(2)(C))
For the purpose of applying Government Code Section 66300(d)(2)(C), the term “Start of Construction Activities” is understood to mean the call for the first inspection on any construction permit, such as for grading or foundation work related to the proposed Housing Development Project. These inspections are those that are defined in the Los Angeles Building Code LAMC section 91.108.5 (item 1) and 91.108.9 (starting with item 2).7 7 See LADBS Information Bulletin P/GI 2020-016, and subsequent updates, entitled Definition of “Commenced Construction” and Similar Phrases.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
9 Right of First Refusal (Right to Return) for Lower-income Occupants Existing lower-income occupants are provided with a right to return for a comparable unit in the new Housing Development Project affordable to the household at an affordable rent or an affordable cost at the household income level. (G.C. Sec. 66300(d)(2)(D)(ii)) The right to return does not apply where a Housing Development Project consisting of only one single housing unit will be located on a site where only one single Protected Unit is demolished for the development of the Housing Development Project. The right to return also does not apply to Housing Development Projects that consist of one-hundred percent lower income units (except manager’s units) except where the occupant of a Protected Unit is qualified for residence in one of the units in the new development and for whom providing a comparable unit would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development. These circumstances might arise in Transitional and Supportive Housing projects.
Relocation Assistance for Lower-Income Occupants
The developer of a Housing Development Project must provide the maximum amount of relocation required by state, federal, and local laws.
See the Housing Replacement and Occupant Protections Matrix provided by the departments for additional information on the HCA occupant protections applicable to specific project types.
VII. RELATIONSHIP OF HCA REPLACEMENT TO OTHER REPLACEMENT
PROVISIONS IN STATE LAW
The HCA is one of several laws that include unit replacement requirements and occupant protections. Where more than one provision of State or local law relating to unit replacement and occupant protections applies, all provisions are applied, typically with the most restrictive provision superseding.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
10 Housing Element Law
Housing Element law requires that all projects located on sites identified on the City’s Housing Element sites inventory include replacement units as applicable, as a condition of any development on the site. This requires a determination for any new development that occurs on a site identified in the inventory that currently has residential uses or has had residential uses that were vacated or demolished within the past five years, which are either subject to rent restriction (e.g., covenant), rent stabilization, or occupied by low- or very low-income households. Replacement units must be provided in a manner consistent with Government Code Section 65915(c)(3) of the Density Bonus law or the Housing Crisis Act, whichever prevails for the site. Unlike the Housing Crisis Act, Housing Element law requires that a new development of a single-family dwelling replace a single-family dwelling occupied by a lowerincome tenant. A complete copy of the Housing Element sites inventory may be accessed on City Planning’s website.
Density Bonus Law
Density Bonus law requires that certain affordable housing projects replace existing units at a rent level commensurate with the income of the household that occupied the unit to be demolished and that the new project include at least the same total number of bedrooms as those in the residential units to be demolished. The replacement of lower income Protected Units under the HCA shall count toward the provision of affordable units in a Housing Development Project using Density Bonus law or the Transit Oriented Communities (TOC) program, consistent with Government Code Section 66300(d)(2)(F)(vii).
Mello Act
The Mello Act requires that residential units that existed within the past three years in the Coastal Zone be replaced on-site whenever feasible for various development types. In certain instances, a right of first refusal may be available to certain occupants. Where a provision of the Mello Act and the HCA overlap, the provisions that result in the largest number of affordable replacement units and the deepest affordability levels apply, including the replacement provisions and occupant protections for Protected Units under the HCA. In the instance where on-site replacement of units would be deemed infeasible under the Mello Act rules, a project subject to unit replacement under both the HCA and the Mello Act are required to replace units on-site as a provision of the HCA.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
11 VIII. IMPLEMENTATION OF HCA HOUSING REPLACEMENT AND OCCUPANT
PROTECTIONS
In the City of Los Angeles, the Housing Crisis Act, as amended by SB 8, is implemented jointly among the Department of Building and Safety, the Department of City Planning, and the Los Angeles Housing Department. Generally, referrals to and from LAHD to affirm the unit replacement provisions and occupant protections of the HCA apply to Housing Development Projects under review by LADBS or City Planning.
Replacement Unit Determinations for City Planning Applications and Building Permit Clearance
In order to comply with Government Code Section 65940(a)(2) and to provide Housing Development Project applicants the information necessary to determine housing replacement obligations and occupant protections under Government Code Section 66300, an applicant for a Housing Development Project must obtain a Replacement Unit Determination (RUD) letter from LAHD, except for those developments that are eligible to use the No Net Loss Property Owner Declaration described in the following subsection. LAHD is responsible for determining the applicable replacement obligations and occupant protections for any project type that requires a RUD. The RUD letter shall be a filing requirement for City Planning applications or a building permit clearance requirement for Housing Development Projects that do not involve a City Planning application for its development.
The replacement obligations for a Protected Unit8 are measured by the income of the tenant household for the past five years. In the absence of occupant income information, affordability will default to the current percentage of lower income households per the Comprehensive Housing Affordability Strategy (CHAS) database, updated annually by the federal Department of Housing and Urban Development. Information on the current CHAS defaults can be found on the LAHD Replacement Unit Determination application form. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. These percentages and the rent and income levels for each AMI are adjusted annually by LAHD.
No Net Loss Property Owner Declaration
In lieu of obtaining a SB 8 RUD letter from LAHD, projects that meet specified criteria may submit a SB 8 No Net Loss Property Owner Declaration along with applicable building records to City Planning staff as part of the project’s City Planning application or to LADBS staff to obtain clearance from LADBS on a ministerial Housing Development Project that does not require a City Planning application. Where a Housing Development Project does not meet the criteria to use the No Net Loss Declaration, a SB 8 RUD letter from the Los Angeles Housing Department (LAHD) must be obtained. Additional information on which projects qualify to use the No Net Loss Property Owner Declaration may be found on the No Net Loss Property Owner Declaration form, which can be found on the websites of LADBS and City Planning. 8 See Section VI of this memorandum for the definition of “Protected Unit.” City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
12 Verification of Replacement Obligations and Occupant Protections The City is required to comply with Government Code Section 66300(d)(2), which provides that the City cannot approve a Housing Development Project that requires the demolition of an occupied or vacant Protected Unit unless the unit replacement provisions or occupant protections are applied. To do this, City Planning and LADBS staff will verify that the project will not result in a net loss of residential units and that the relevant unit replacement provisions and occupant protections are applied prior to an approval through a City Planning process or prior to the building permit issuance for Housing Development Projects that do not require a City Planning application. This verification will be conducted in combination with the RUD letter or No Net Loss Declaration, available building records, other legal documents, the proposed project plans, and relevant clearances.
IX. HOUSING CRISIS ACT VESTING PRELIMINARY APPLICATION
The Housing Crisis Act, as amended by SB 8, creates a vesting procedure for all Housing Development Projects. All Housing Development Projects requiring an application to City Planning or those automatically eligible to submit for building permit Plan Check to LADBS on or after January 1, 2022, without a City Planning application may submit the optional HCA Vesting Preliminary Application (Preliminary Application). For projects seeking HCA vesting rights, applicants must submit a complete Preliminary Application prior to filing the City Planning application or submitting for building permit Plan Check to LADBS. A Preliminary Application completed before January 1, 2030, is valid until January 1, 2034, provided that HCA vesting rights are maintained and have not otherwise lapsed or terminated.
The HCA Vesting Preliminary Application provides a project certain rights to proceed with development based on the City ordinances, policies and standards adopted and in effect when a complete Preliminary Application is submitted. However, these provisions do not apply to changes in State law nor to changes in building code. HCA vesting does not restrict the City’s authority to require mitigation measures under the California Environmental Quality Act. In addition, the Preliminary Application does not require the submittal of a land use application and is not itself a land use approval.
In order to establish and maintain HCA vesting rights, the applicant must adhere to certain time limits and limitations on project scope changes. If the time limits are not met or if the changes in the project scope exceed specified thresholds, then the Preliminary Application shall expire and have no further force or effect.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
13 Time Limits to Retain Vesting Rights for Housing Development Projects with a City Planning Application
Once the Preliminary Application is complete, the City Planning application must be submitted within 180 days of submitting a complete Preliminary Application.
If a City Planning application is filed, then within ninety (90) days of receiving a hold or “deemed incomplete” letter from City Planning staff, the applicant must submit all outstanding information needed in order to determine the application is complete.
If a Housing Development Project is associated with a City Planning application for its development, then construction of the Housing Development Project must commence within two and one-half years–or three and one-half years for one hundred percent affordable Housing Development Projects–following the date that the project receives final approval. Final approval means that a project has obtained all necessary approvals to be eligible to apply for, and obtain, a building permit or permits, and all appeal periods or statutes of limitations have been exhausted or resolved in favor of the Housing Development Project (G.C. Sec. 65589.5(o)(2)(D)(ii)).
Time Limits to Retain Vesting Rights for Housing Development Projects without a City Planning Application
A project that does not require a City Planning application must submit for building permit Plan Check to LADBS within 180 days of submitting a complete Preliminary Application in order to retain vesting rights.
The ninety (90) day period for the applicant to provide missing information to the City in order to retain vesting rights does not apply to a Housing Development Project that does not require a City Planning application for its development.
A project that does not require a City Planning application and that uses a valid Preliminary Application must also commence construction of the Housing Development Project within two and one-half years – or three and one-half years for one hundred percent affordable Housing Development Projects – following the building permit Plan Check submittal to LADBS in order to retain vesting rights.
If the project is discovered to require a City Planning application at any point during the permitting process, then the project may still use the Preliminary Application issued as long as the City Planning application is submitted within 180 days of the date that a complete Preliminary Application was submitted. The previous Plan Check submittal to LADBS would not be held against the project.
See Appendix A of this memorandum for additional information on the relationship of the HCA to projects that require no discretionary approvals.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
14 Project Scope Changes and Retaining Vesting Rights
Any change in the residential unit count is limited to less than twenty (20) percent of the unit count identified on the completed Preliminary Application–exclusive of any increase resulting from the receipt of a density bonus, concession, waiver, or similar provision.
Any change in the Building Area, as defined in the California Building Standards Code (Title 24 of the California Code of Regulations) is limited to less than twenty (20) percent of the Building Area identified on the completed Preliminary Application–exclusive of any increase resulting from the receipt of a density bonus, concession, waiver, or similar provision.
Administrative Procedures
A HCA Vesting Preliminary Application may be submitted through City Planning’s Online Application Portal. The required information can be found on form CP-4062.
X. ADDITIONAL PROJECT REVIEW STREAMLINING PROVISIONS
Preliminary Zoning Assessment for City Planning Applications In order to implement the HCA and State housing laws as they pertain to the expeditious review of housing projects, a Preliminary Zoning Assessment (PZA) by LADBS is required for all projects creating two or more units as part of an application to City Planning for its development.
The Preliminary Zoning Assessment does not apply to Housing Development Projects that do not involve an application to City Planning nor to a project consisting of only one unit.
The Preliminary Zoning Assessment primarily consists of an informational zoning Plan Check conducted by LADBS staff accompanied by a summary of zoning compliance on the PZA referral form (CP-4064). The PZA is intended to identify and determine whether a project is in compliance with applicable zoning and land use requirements necessary to achieve the proposed project and to ascertain if any land use approvals need to be obtained through an application to City Planning. The informational zoning Plan Check done through the PZA process does not constitute a zoning approval and does not require compliance with development standards in order to be completed.
If Plan Check is conducted in LADBS’ Affordable Housing Section, then the completed PZA referral form shall be accompanied by architectural plans stamped and signed by LADBS Plan Check staff following the completion of the informational zoning Plan Check. If Plan Check is conducted by LADBS staff outside the Affordable Housing Section, then, following the completion of the informational zoning Plan Check, the completed PZA referral form shall be accompanied by architectural plans signed by the LADBS Plan Check staff with the relevant Plan Check application number, date, and note indicating that the zoning review is complete.
LADBS Plan Check staff will also sign the PZA referral form once the informational zoning Plan Check verifications are complete.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
15 Historic-Cultural Monument Determinations
To facilitate the Housing Development Project review process, the HCA requires the City to determine that a property is a “historic site” by the time a Housing Development Project’s City Planning application is deemed complete (G.C. Sec. 65913.10). However, the requirements of the California Environmental Quality Act (CEQA) still apply, and the lead agency may still determine at any time that the proposed project may affect a “historic resource” pursuant to CEQA.
City Planning regularly receives nominations for Historic-Cultural Monument (HCM) designation, some of which affect a property that may have a future Housing Development Project proposal.
If the HCM nomination is received prior to any Housing Development Project application being deemed complete or a building permit Plan Check application to LADBS is submitted for a project that does not require a City Planning application, City Planning will continue processing the HCM nomination. However, once a City Planning application is deemed complete or a building permit Plan Check application is submitted to LADBS for a project that does not require a City Planning application, a later HCM designation cannot be applied to the project site for as long as the application and permits for a Housing Development Project remain active and valid, unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.
See Appendix A of this memorandum for additional information on the relationship of the HCA to projects that require no discretionary approvals.
Five Hearing Limit
The HCA prevents the City from conducting more than five public hearings in connection with the land use approval of a Housing Development Project that meets objective planning and zoning standards. Through 2034, the five-hearing limit applies to all Housing Development Projects that submit a complete application to City Planning or a complete HCA Vesting Preliminary Application before January 1, 2030.
A “hearing,” as defined in Government Code Section 65905.5 includes required meetings, hearings and continued hearings and meetings such as those associated with the City Planning Commission, Area Planning Commissions, Design Review Boards, Preservation Boards, Zoning Administrators, the Advisory Agency, and hearing officers. A meeting where a decision is made on consent counts as a hearing. A “hearing” also includes appeal hearings, except for those related to the approval or disapproval of a legislative action. A joint hearing held concurrent among multiple decision-makers counts as one hearing. The five hearings are counted from the “deemed complete” date of the City Planning application. The law requires that a decision be made on the project no later than the fifth and final meeting. Meetings that do not count toward this limit are meetings held pursuant to CEQA law, CEQA appeal hearings, State agency hearings, hearings to review a legislative approval, Neighborhood Council meetings, and other meetings that are not required by law, ordinance or regulation for the approval of the City Planning application.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
16 Time Limits for Housing Development Projects with Multiple Entitlements and an Environmental Impact Report
Consistent with Government Code Section 65950 in the Permit Streamlining Act as of January 1, 2020, the period in which the lead agency shall approve or disapprove a Housing Development Project following the certification of an Environmental Impact Report (EIR) is reduced from 120 days to ninety (90) days. In addition, the period is reduced from ninety (90) days to sixty (60) days for a Housing Development Project that is at least forty-nine (49) percent low-income and publicly subsidized. This provision applies to any land use approval for a Housing Development Project in which the EIR is not certified concurrent with the final decision, such as if a Housing Development Project has multiple entitlements (e.g., a subdivision with another entitlement application), where the Advisory Agency or other decision-maker may certify an EIR prior to the final approval of a Housing Development Project. The time limits from the adoption of a Negative Declaration or a Mitigated Negative Declaration or the determination of a Categorical Exemption under CEQA to the final decision remain unchanged by the Housing Crisis Act. These periods may be extended if mutually agreed upon by the lead agency and the project applicant.
Limitations on the Enforcement of Non-Objective Design Standards Consistent with Government Code Section 66300(b)(1)(C), the City shall not enact a development policy, standard, or condition that would have the effect of imposing or enforcing design standards established on or after January 1, 2020, that are not objective design standards. These limitations apply only to Housing Development Projects outside a Very High Fire Hazard Severity Zone, consistent with Government Code Section 66300(f)(4).
XI. LIMITATIONS ON REDUCING HOUSING CAPACITY
Downzoning Limitations
The Housing Crisis Act generally prohibits cities such as the City of Los Angeles from taking certain actions that would reduce a site’s housing development capacity from what was allowed on January 1, 2018 (G. C. Sec. 66300(b)(1)(A)). These actions include the adoption of plans that result in a net downzoning or otherwise reduce housing capacity and population. In addition, the HCA generally prohibits local limits on the amount of housing or population through moratoria on housing development, or limits on approvals, permits, or housing units that can be approved or constructed.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
17 Through 2030, these provisions require an analysis by City Planning demonstrating that any legislative action would not lessen housing intensity or change other development standards9 in a way that would individually or cumulatively reduce a site’s residential development capacity.
These restrictions apply to any zone where housing is an allowable use.
Any proposed ordinance that would have the effect of limiting or restricting housing development must be reviewed and approved by the California Department of Housing and Community Development.
Exceptions to Downzoning Limitations
The HCA does provide certain exceptions to these downzoning limitations. The downzoning limitations do not impact zoning efforts that reduce intensity for certain parcels, as long as density is concurrently increased on other parcels and therefore result in no net loss in housing capacity or intensity. The concurrent up-zoning may be done within 180 days of the downzoning action if the action is associated with a request by a project applicant for a Housing Development Project. In addition, moratoria may be enacted to prevent imminent threat to the health and safety of persons in, or within the immediate vicinity of, the area. Downzoning may also be done to preserve existing restricted affordable housing or to facilitate the production of housing for lower-income households. Consistent with Government Code Section 66300(f)(4), which exempts Very High Fire Hazard Severity Zones, as determined by the State Fire Marshal, from the provisions of Government Code Section 66300, Housing Development Projects in Very High Fire Hazard Severity Zones remain subject to City-initiated actions to limit housing development capacity via modified development standards, such as those described in Government Code Section 66300(b).
9 Other development standards may include, but are not limited to height, density, floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, maximum lot coverage limitations. (G. C. Sec. 66300(b)(1)(A)) City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
18 XII. CITY CONTACTS
Los Angeles Department of Building and Safety
For questions regarding HCA administration for Housing Development Projects that are not associated with a City Planning application, contact the LADBS Plan Check engineer assigned to a project in Plan Check or to [email protected] for projects not already in Plan Check.
Additional information for projects submitted to LADBS can be found by visiting the Permit and Inspection Report page.
Los Angeles City Planning
For information on HCA implementation within City Planning processes, contact [email protected] or the planner assigned to the project. For questions on the City Planning application filing requirements, contact [email protected] or [email protected]. City Planning’s Housing Crisis Act resource page can also be used to find relevant information, forms, tools, and matrices.
APPENDIX A
RELATIONSHIP OF THE HCA TO HOUSING DEVELOPMENT PROJECTS THAT INVOLVE
NO DISCRETIONARY CITY PLANNING APPROVALS
Many of the provisions of the Housing Crisis Act, as amended by SB 8, apply to “Housing Development Project[s],” which, in part, are defined as “projects that involve no discretionary approvals” (G.C. Sec. 65905.5(b)(3)(B)).10 When this definition is read with the Housing Crisis Act text that triggers new obligations based on the submission or approval of a land use application to City Planning under the Permit Streamlining Act (G.C. Secs. 65905.5(a), 66300(d), 65913.10(a), 65589.5(o)), the Housing Crisis Act could be read to exempt a significant class of Housing Development Projects considered by the City’s development review process. Exempting that class of projects would not align with the broad new definition of Housing Development Project, or the purpose of some of the SB 8 amendments.
Under the City’s code framework, the category of projects that “involve no discretionary approvals,” includes projects that do not require a land use application to City Planning subject to the Permit Streamlining Act (PSA) and the Housing Accountability Act (HAA). These projects are not issued a land use approval or entitlement.
10 See Section III of this memorandum for additional information on the definition of “Housing Development Project.”
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
19 If a land use approval from City Planning is not required under the City’s code framework, a project is eligible to apply for, and obtain, building permits without a City Planning approval.
Projects that do not require a City Planning application for their development may, under the City’s code, immediately submit for Plan Check to LADBS. For these projects, LADBS is authorized to review zoning and land use standards as a part of the Plan Check regulatory review for issuance of the building permits. (LAMC Sec. 12.26.A.) No separate land use approval or entitlement is generated by LADBS in this process. Additionally, the City's codes do not require a public hearing as a part of the Plan Check process prior to the issuance of building permits.
Since this class of projects only seeks building permits, the regulatory review process is governed by the Los Angeles Building Code (LAMC, Chapter IX), which originates from authority in the Health and Safety Code (Division 13). The review and issuance of a building permit is not governed by the PSA or the HAA review timelines, provisions that concern the review and issuance of land use approvals or entitlements necessary to be eligible to apply for and obtain a building permit.11 Application of the PSA and the HAA review timelines to the building permit review process conducted by LADBS would create the undesirable result of, for example: building permits being issued to projects that are deemed consistent with regulations as a matter of law, a shortened Plan Check review period, or specific adverse impact findings being required for the denial of building permits that do not meet objective regulatory standards.12 Further, there is nothing in SB 8 which attempts to control the review and issuance of building permits, or amends the Health and Safety Code.
However, these projects that do not involve a land use application to City Planning still fit the SB 8 definition of a Housing Development Project that involves “no discretionary approvals” (G.C.
Sec. 65095.5). To implement the intent of SB 8 and harmonize State law text with the City’s existing code framework, the City will apply certain provisions of the Housing Crisis Act, as amended by SB 8, to projects that do not require a land use application to City Planning.
For example, the replacement provisions of G.C. Sec. 66300(d) will apply to a project that only needs to apply for LADBS building permits, and does not involve a City Planning application, because such a project fits the definition of Housing Development Project (G.C. Sec. 65905.5(b)(3)). Applying G.C. Sec. 66300 to this category of projects will maximize the development of housing within the jurisdiction by applying the replacement requirements to Housing Development Projects that do not involve a PSA application to City Planning. (G.C. Sec 66300(f).) State law language that says the replacement provisions only apply to projects that submit a PSA application on or after January 1, 2020 (G.C. Sec. 66300(d)(4)) will be applied as language that expresses a time point where the replacement and unit creation provisions begin to apply, but not language that limits the provisions only to those projects that submit a PSA application to City Planning.
11 See Government Code Section 65589.5(h)(6)(A) and (o)(2)(D)(ii), derived from the Housing Accountability Act, regarding disapproval or approval of a land use application as it relates to a building permit.
12See, generally, Government Code Sections 65589.5(j)(1-2), 65943(a), 65950, 65956; and compare LAMC Sec. 98.0603.
City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
20 Therefore, for the purpose of implementing the HCA within the City’s unique code framework the City interprets and applies the SB 8 amendments in a way that: 1) implements the new definition of Housing Development Project; 2) implements the intent of the Housing Crisis Act, as amended by SB 8, to suspend certain restrictions on housing development and expedite the permitting of housing13; 3) considers and follows the City’s existing land use approval and building permit issuance code framework; 4) upholds the existing regulatory framework that controls the issuance of building permits in the LAMC and Health and Safety Code; and 5) avoids the undesirable consequences of applying the PSA, and certain provisions in the HAA, to the building permit review process.
Consistent with the above reasons, the City will apply G.C. Sections 65589.5(o), 65905.5, 65913.10, 65941.1, and 66300, established by the HCA, to a project that meets the definition of Housing Development Project in G.C. Section 65905.5(b)(3), but does not require a City Planning application. For these referenced provisions, the City will utilize as an implementation timepoint the date that a Housing Development Project Plan Check application submittal is accepted by LADBS for those projects that do not require a City Planning application.
HCA Vesting Preliminary Applications for Projects that Require No City Planning Application
In the interest of expediting the permitting of housing, Housing Development Projects that do not require a City Planning application are expected to take the next step toward building housing within the same timeframe as those projects that do require a City Planning Application (i.e. an application under G.C. Secs. 65940 and 65943). This implementation policy applies State law within the context of the City’s current development code framework in order to expedite the permitting of housing proposed under the Preliminary Application, and to avoid delays in housing project construction. The policy recognizes that Government Code Section 65941.1 is a new section that describes a submission that is distinct from a land use or development application under the PSA, and also recognizes that there is nothing which requires the submission of a land use application to City Planning under the PSA for the use of vesting rights (G.C. Secs. 65941.1(d), 65589.5(o)).
Since the PSA does not apply to a building permit application, the ninety (90) day period for the applicant to provide missing information to the City in order to retain vesting rights does not apply to a Housing Development Project that does not require a City Planning application for its development. Such a project is eligible to apply for and obtain building permit permits without a City Planning application.
13SB 8, Ch. 161 Stat. 2021, Sec. 13 [Ch. 654 Stats.2019, Sec.2(c), re intent] City of Los Angeles Implementation of the Housing Crisis Act of 2019 February 15, 2023
21 While a project that requires no City Planning application is not associated with a “final approval” of a City Planning application, and no land use approval is issued through Plan Check (G.C. Sec. 65589.5(o)(2)(D)(ii)), calculating the time period to commence construction from the date of Plan Check submittal is consistent with the City’s existing code framework, and the overall intent of the Housing Crisis Act.14 This implementation policy utilizes the next development timepoint for projects that do not require a City Planning application. It is a time point that also exists for projects that require a City Planning application and occurs within the
2.5 (or 3.5) years following the “final approval” of a land use application to City Planning as defined by State law (G.C. Sec. 65589.5(o)(2)(D)(ii)). This policy requires Housing Development Projects that do not require a City Planning application to commence construction within the same timeframe as those projects that do require a City Planning Application (i.e. an application under G.C. Secs. 65940 and 65943). Calculating from this time point expedites the permitting of housing proposed under the Preliminary Application and avoids delays in housing project construction.
14 Calculating this time period from the date of Plan Check submittal is consistent with Los Angeles Municipal Code Sections 12.25-A, 12.26-A, 91.107.3, 91.105.3, 91.107.3, 98.0603, 98.0403.1(a)3 and 8, which requires a project to obtain permits or commence construction within a specified period following a City Planning approval or a complete Plan Check submittal, and calculates the Plan Check period from the date of a complete Plan Check submittal.
PLANNING COMMISSION RECOMMENDATIONS TO CITY COUNCIL FOR OBJECTIVE DESIGN
STANDARDS
STANDARD DESCRIPTION PURPOSE OF CHANGE IMPROVE
RESIDENTIAL
COMPATIBILITY Y/N
1 Eliminate FAR bonuses for R1
Single Family Zone
The FAR for the R1 Single
Family Zone is .65 but FAR
bonuses would allow the
house to be built to .8.
Removing bonuses ensures that
new houses in the R1 zone address
the “bulk and mass” issue about
which residents have expressed
concerns. (See survey questions #
7 & #9).
Yes
2 Add FAR limits for R-1A
(FAR.94) R-2 (FAR .86), and
R-3(FAR 1.14 ) zones.
This standard will add FAR
limits to R1A, R2, and R3
zones. There are no existing
FAR standards for these
zones.
Adding a FAR standard in these
zones will have the effect of
reducing scale and mass of new
development and be consistent
with what has been built in the
past. (See survey question #7)
Yes
3 Reduce height standard for the
R1A Zone.
This standard will reduce the
height limit for flat roof
houses in the R1A zone to
24’ and pitched roof to 28’.
Reducing the height standard will
bring new development in line with
the existing neighborhood. (See
survey question #7 & #9)
Yes
4 R1A Zone-Mezzanines must be
open to the first floor only.
The recent practice of using
mezzanines as a third story
was not intended by the R1A
development standard.
The use of mezzanines as a third
story violates current standard of
maximum two story in R1A. This
new standard will prevent that. An
alternative would be to require
pitched roof only. (See survey
question #16).
Yes
1 5 R2-R3 Zone-Mezzanines open to
the second floor are not permitted.
The recent practice of using
mezzanines as a third story
was not intended by the R2-
R3 development standard.
The use of mezzanines as a third
story violates current standard of
maximum two story in R2-R3
zones. This new objective standard
will prevent that. ( See survey
question #16).
Yes
6 Add objective standards to Faye
and Susana Character Area
A single peak roof ridge
required parallel to the
street /front property line.
If the garage is set forward of
the main structure then the
roof shall be pitched
This character area has distinct
characteristics that could be lost if
an objective standard is not
established.
Yes
7 Clarify the definition of story in
relationship to basement.
The definition is confusing to
those who are not planning
professionals.
The Objective Standards are meant
to be read and understood by nonplanning professionals. This change will make the definition
easy to understand by all readers.
No
8 Require two height measurements
for sloping lots: Plum Line
Measurement and Overall Height
Measurement.
The existing height standard
for sloping lots allows for
development to exceed the
30ft height limit at the top of
the slope. Depending on the
slope, the height of a house
could exceed 45’.
Adding an additional height
measurement, called the “Overall
Height Measurement” for sloping
lots will ensure that new
development does not exceed the
existing height limit by more than
10’. (See survey questions #7 &
#9).
Yes
9 R1 single family zone – require a
second story rear setback under
certain conditions.
Existing standard does not
include a required second
story setback. Houses with
more than 20’ rear setback
will not be required to have a
second story rear setback.
Adding a rear second story setback
in new developments prevents the
rear of the home from becoming a
single wall and moves the building
bulk away from the home behind
it. (See survey questions #7(d) &
#9).
Yes
STANDARD DESCRIPTION PURPOSE OF CHANGE IMPROVE
RESIDENTIAL
COMPATIBILITY Y/N
2 10 R2-R3 zone-restrictions on
cantilevers.
The General Plan Land Use
Element states that R2-R3
zones shall have the
appearance of single-family
homes. Development
projects today in the R2-R3
zones build cantilever
canyons creating dark
tunnels that obscure front
doors, block sunlight and
discourage residents’
engagement with the street
and their neighbors.
The effect of restricting the
overhang of cantilevers in the R2-
R3 zone is to open all units in the
complex to the street and the
neighborhood. This contributes to
neighborhood cohesiveness,
community engagement and street
safety. (See survey question #19).
Yes
11 R2-R3 zone-Require front unit
entry to be adjacent to the street.
The General Plan Land Use
Element states that R2-R3
zones shall have the
appearance of single family
homes. This proposal would
place the front unit (not the
garage) adjacent to the
sidewalk and walkway.
This standard for new development
ensures that the front unit has a
strong relationship with the street
and neighbors. This contributes to
neighborhood cohesiveness,
community engagement and safety.
(See survey questions #7 & #9)
Yes
12 Landscape Matrix-Permeable Turf
and Plant Requirement.
This standard would
explicitly prohibit “artificial
turf” in new developments
and parkways.
Existing standard does not
explicitly call out artificial turf or
plants as prohibited. Artificial
plants and turf increase the heat
island effect and artificially
increase air temperature.
No
STANDARD DESCRIPTION PURPOSE OF CHANGE IMPROVE
RESIDENTIAL
COMPATIBILITY Y/N
3 13 Landscape Matrix-Increase
options for irrigation.
The Landscape Matrix -
include the “bubbler system”
as an option for irrigation.
The “bubbler system” option is
recommended by the Municipal
Water District and will increase the
options for irrigation in new
developments. This would be
added to the point system that a
developer could choose among
many options.
No
14 Landscape Matrix-Increase options in
the point system for water capture and
heat island effect.
This standard would add green
roofs, bioswales and
greywater capture systems as
options for new development.
Green roofs, bioswales and
greywater capture systems address
water capture issues, heat island
effect and water conservation.
These would be added to the point
system that a developer could
choose among many options.
No
ADDITONAL RECOMMENDATIONS
15 Consider increasing size of roof
decks
This standard would remove
roof deck size limit.
Current standard is unnecessarily
limiting to the homeowner.
No
16 Consider materials for modular
construction.
The question arose whether
corrugated metal is an
appropriate material for
construction in Redondo Beach
At the discretion of the Council. Yes
17 Increase setbacks for swimming pools. This standard would add rear and/or side 3’ setbacks for
swimming pools.
This standard would increase safety
of children in the event of an
accident by providing easy access to
the perimeter of the swimming
pool. Keeps pool off common wall
and away from neighbors. (See
survey question #7 and #9).
Yes
STANDARD DESCRIPTION PURPOSE OF CHANGE IMPROVE
RESIDENTIAL
COMPATIBILITY Y/N
4 18 Landscape Matrix Option This standard would add rain sensor as an option for the
Landscape Matrix point
system.
Adding a point system increases the
options for developers and addresses
water conservation issues.
No
19 Residential Medium Density and
Residential High Shadow Standard
*This standard would require
large developments to
consider whether their new
buildings would obstruct
sunlight to existing homes.
* This standard is used by
another municipality.
Shadows can often reduce the
quality of life for existing homes
when a large RMD and RH
development is newly built adjacent
to single family homes. This
standard would require an objective
measure to ensure that shading to
surrounding homes is minimized.
(See survey question #7 and #9).
Yes
20 MWELO Requirements Add definition of MWELO
requirements in the Objective
Residential Standards.
This addition will allow non
professionals to have greater
understanding of the MWELO
standards.
No
STANDARD DESCRIPTION PURPOSE OF CHANGE IMPROVE
RESIDENTIAL
COMPATIBILITY Y/N
5 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF -1-
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ZACKS, FREEDMAN
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PATTERSON, PC
235
MONTGOMERY STREET, SUITE 400
SAN
FRANCISCO, CALIFORNIA 94104
RYAN J. PATTERSON (SBN 277971)
ZACKS, FREEDMAN & PATTERSON, PC
235 Montgomery Street, Suite 400
San Francisco, CA 94104
Tel: (415) 956-8100
Fax: (415) 288-9755
[email protected]
Attorneys for Petitioners and Plaintiffs
YES IN MY BACK YARD
SONJA TRAUSS
SUPERIOR COURT – STATE OF CALIFORNIA
COUNTY OF LOS ANGELES – UNLIMITED CIVIL JURISDICTION
YES IN MY BACK YARD, a California
nonprofit corporation; and SONJA TRAUSS,
Petitioner and Plaintiff,
vs.
CITY OF CULVER CITY; CITY COUNCIL
OF THE CITY OF CULVER CITY; and
DOES 1-25,
Respondents and Defendants.
Case Number:
PETITION FOR WRIT OF MANDATE,
PROHIBITION, OR OTHER
EXTRAORDINARY RELIEF;
COMPLAINT FOR DECLARATORY
RELIEF; AND REQUEST FOR
IMMEDIATE STAY
[CCP § 1085; Gov. Code § 65009; Gov. Code
§ 66300; CCP § 1060]
Petitioners and plaintiffs Yes In My Back Yard and Sonja Trauss (collectively, “Petitioners”) by and through their attorneys, Zacks, Freedman & Patterson, PC, file this petition for writ of mandate and complaint for declaratory relief against respondents and defendants CITY OF CULVER CITY, THE CITY COUNCIL OF THE CITY OF CULVER CITY, and DOES 1-25 (collectively, “Respondents”), to compel Respondents to comply with their duties under state housing law pursuant to Gov. Code § 66300, as further set forth below.
In addition to the aforesaid writ of mandate and declaratory relief, Petitioners also seek issuance of an immediate stay. Petitioners allege as follows:
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ZACKS, FREEDMAN
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PATTERSON, PC
235
MONTGOMERY STREET, SUITE 400
SAN
FRANCISCO, CALIFORNIA 94104
PARTIES TO THE ACTION
1. Petitioner and Plaintiff Yes In My Back Yard (“YIMBY”) is a § 501(c)(3) nonprofit corporation; YIMBY is the litigation affiliate of YIMBY Action, a § 501(c)(4) nonprofit corporation, whose membership cuts across socioeconomic lines, including members with very low, low, moderate, middle, and higher incomes (“YIMBY Members”). YIMBY’s mission is to increase the accessibility and affordability of housing in California by enforcing state housing laws, including Gov. Code § 66300, and by advocating for increased access to housing for households of all income levels, including for YIMBY Members who reside in, or wish to reside in, the City of Culver City. YIMBY has a direct and substantial interest in ensuring that Respondents’ decisions are in conformity with the requirements of law, that those requirements are properly executed, and that Respondents’ duties are enforced. YIMBY Members, as well as the general public, will be adversely affected by the acts described herein and are aggrieved by the acts, decisions, and omissions of Respondents as alleged in this Petition and Complaint. YIMBY brings this Petition and Complaint on its own behalf and on behalf of others affected by Respondents’ failure to comply with state law as alleged herein.
2. Petitioner and Plaintiff Sonja Trauss (“Trauss”) is a natural person and a resident of the State of California, and she is the founder and director of YIMBY. Trauss has a substantial interest in ensuring that Respondents’ decisions are in conformity with the requirements of law, that those requirements are properly executed, and that the public duties of Respondents are enforced.
3. Respondent and Defendant City of Culver City (the “City”) is a municipality of the State of California.
4. Respondent and Defendant City Council of the City of Culver (the “Council”) is the City’s governing body.
5. Petitioners are not aware of the identities of respondents/defendants DOES 1- 25, who are responsible for the acts and omissions alleged herein and that caused damage to Petitioners; therefore Petitioners will amend this Petition and Complaint when the true identities of DOES 1-25 are ascertained.
PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF -3-
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ZACKS, FREEDMAN
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235
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SAN
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6. Petitioners are informed and believe that at all times mentioned in this Petition and Complaint, all respondents/defendants were the agents or employees of their corespondent/defendant, and in doing the things alleged in this Petition and Complaint, were acting within the course and scope of that agency and employment.
JURISDICTION AND VENUE
7. Los Angeles County Superior Court has initial jurisdiction of the matters alleged herein pursuant to Code of Civil Procedure § 1085, which authorizes the Court to issue a writ of mandate.
8. Venue is proper in this Court because the entire controversy occurred in Los Angeles County, and Respondents are situated in Los Angeles County. (Code Civ. Proc. §§ 394 & 395.)
9. This action is timely because it has been filed within 90 days of the effective date of the subject zoning ordinance. (Arcadia Development Co. v. City of Morgan Hill (App. 6 Dist. 2008) 86 Cal.Rptr.3d 598, 169 Cal.App.4th 253.)
10. Petitioners performed any and all conditions precedent to filing this action to the extent required by law.
STATEMENT OF FACTS
11. In 2019, the California Legislature enacted Senate Bill 330, the Housing Crisis Act of 2019, codified at Gov. Code § 66300 et al. (“SB 330”). In enacting SB 330, the Legislature found and declared:
California is experiencing a housing supply crisis, with housing demand far outstripping supply. In 2018, California ranked 49th out of the 50 states in housing units per capita. . . . The housing crisis harms families across California and has resulted in all of the following:
(A) Increased poverty and homelessness, especially firsttime homelessness. (B) Forced lower income residents into crowded and
unsafe housing in urban areas.
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(C) Forced families into lower cost new housing in
greenfields at the urban-rural interface with longer
commute times and a higher exposure to fire hazard.
(D) Forced public employees, health care providers,
teachers, and others, including critical safety personnel, into more affordable housing farther from the
communities they serve, which will exacerbate future
disaster response challenges in high-cost, high-congestion areas and increase risk to life.
(E) Driven families out of the state or into communities away from good schools and services, making the ZIP
Code where one grew up the largest determinate of later access to opportunities and social mobility, disrupting family life, and increasing health problems due to long commutes that may exceed three hours per day. . . .
The housing crisis also harms the environment by doing both of the following:
(A) Increasing pressure to develop the state’s farmlands, open space, and rural interface areas to build affordable housing, and increasing fire hazards that generate
massive greenhouse gas emissions.
(B) Increasing greenhouse gas emissions from longer
commutes to affordable homes far from growing job
centers.
12. The Legislature enacted SB 330 to encourage the creation of housing across the state. In particular, SB 330 prohibits the enactment of policies at the municipal level that suppress the production of housing. SB 330 prohibits, inter alia, Changing the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed under the land use designation and zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018 . . . . For purposes of this subparagraph, “less intensive use” includes, but is not limited to, reductions to height, density, or floor area ratio . . . or anything that would lessen the intensity of housing.
PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF -5-
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ZACKS, FREEDMAN
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235
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SAN
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(Gov. Code § 66300(b)(1)(A), emph. added.)
SB 330 makes no exception for single-family zoning districts.
13. Respondents violated SB 330’s explicit prohibition against “reducing the intensity of land use” by enacting an ordinance that reduces “floor area ratio.” Respondents’ Zoning Code defines floor area ratio (“FAR”) as follows, in pertinent part:
The floor area ratio (FAR) is the ratio of floor area to total lot area. The maximum floor area permitted on a site shall be determined by multiplying the floor area ratio (FAR) by the total area of the site (FAR x Site Area = Maximum Allowable Floor Area).
(Culver City Municipal Code, Tit. 17, Art. 7, § 17.700.010.) In plain English, a zoning district’s FAR sets the allowable size of a building depending on the size of lot. FAR regulates the overall size of a permitted building. If a zoning district’s FAR is reduced, less can be built on each lot in the district.
14. On July 13, 2020, the Council enacted Ordinance No. 2020-010, approving Zoning Code Amendment P2019-0036-ZCA (the “Ordinance,” attached hereto as Exhibit A).
The Ordinance reduces the R1 (single-family) zoning district’s FAR from 0.6 to 0.45.
15. As stated in the Ordinance, “The proposed Zoning Code Amendment was initiated as a result of public concerns that new construction in single-family neighborhoods is affecting quality of life for existing residents due to large homes.” (Ordinance, § 1(1).) In other words, the Ordinance’s explicit purpose is to “reduc[e] the intensity of land use within an existing . . . zoning district.” (Gov. Code § 66300(b)(1)(A).) The Ordinance reduces the allowed intensity of land use and suppresses the development of housing, which is prohibited by SB 330.
16. Respondents have attempted to justify the FAR reduction by pointing to the Ordinance’s assertion that, “By reducing bulk and mass of a home, residents will have more opportunities for . . . development of [Accessory Dwelling Units] and [Junior Accessory Dwelling Units].” (Ordinance, § 1(2).) But SB 330 explicitly prohibits FAR reductions.
Moreover, Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units
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235
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(“JADUs”) are already allowed by state law in addition to a single-family house. (Gov. Code § 65852.150, 65852.2, & 65852.22.) Reducing the allowable FAR offers no “opportunities” for additional construction – it does precisely the opposite. Both before and after this Ordinance, state law guaranteed that up to three units – a primary residence, an ADU, and a JADU – can be constructed on each single-family lot. The Ordinance reduces the amount of permitted square footage to build these potential units.
17. The Ordinance, in addition to reducing the FAR, exempts JADUs from FAR calculations in most circumstances. Respondents claim, without evidence and without analysis, and in conflict with the findings and stated purpose of the Ordinance, that every permit applicant will build a JADU in response to the Ordinance’s FAR reduction (rather than simply building a reduced single-family house). In addition, the FAR exemption for JADUs does not make up for the Ordinance’s FAR reduction. For an overwhelming majority of lots, the FAR reduction in the Ordinance is a greater reduction in allowable residential square footage than the new square footage exemption offered by a JADU.
18. For a typical lot within the City, these changes combined result in the loss of two potential small bedrooms (or one large bedroom) per lot. It could also represent the loss of an entire small apartment’s worth of space. Summed over all of the affected lots, the Ordinance results in a reduction of up to three million square feet of residential capacity.
Assuming an average apartment size of 800 square feet, this is the size equivalent of a reduction in zoned capacity of 3,750 apartments. If one measures this loss of zoned capacity by bedrooms and uses a very generous size estimate of 250 square feet per bedroom, this reduction is the equivalent of prohibiting 12,000 bedrooms. A more modest bedroom size estimate of 150 square feet per bedroom yields a reduction of 20,000 bedrooms – in a city with a population of 39,214 people. This is a staggering loss of housing amidst an unprecedented housing crisis.
19. The Ordinance provides that “Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after its adoption.” (Ordinance, § 3.) Petitioners made objections on the record during Council’s consideration of the Ordinance. The Parties
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ZACKS, FREEDMAN
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235
MONTGOMERY STREET, SUITE 400
SAN
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entered into a tolling agreement on October 7, 2020, which was terminated effective October 27, 2020.
FIRST CAUSE OF ACTION
(Writ of Mandate - CCP § 1085; Gov. Code § 66300 – Against All Respondents)
20. Petitioners incorporate here by reference the allegations contained in Paragraphs 1 through 19 of this Petition and Complaint.
21. Petitioners, YIMBY Members, and the public each have beneficial interests that have been, and will further be, severely injured and adversely affected if the Ordinance is not set aside and invalidated, if Respondents’ decision to enact the Ordinance is allowed to stand, and if Respondents are allowed to enforce the Ordinance against Petitioners, YIMBY Members, and others similarly-situated. Petitioners’ interests include ensuring that Respondents comply with state laws requiring that they participate in addressing the housing needs of California residents, ensuring that Respondents’ actions are in conformity with the requirements of law, and having those requirements properly executed and their public duties enforced. Petitioners have a clear, present, and legal right to Respondents’ performance of their legal duties as described herein, and Respondents have failed to perform their duties.
22. As detailed above, the Ordinance violates SB 330’s prohibition against “reducing the intensity of land use within an existing . . . zoning district.” (Gov. Code § 66300(b)(1)(A).) This prohibition includes “reductions to . . . floor area ratio.” (Id.) The Ordinance does not allow greater density or facilitate the development of housing in the R1 zoning district; to the contrary, it suppresses the creation of housing. Respondents enacted no concurrent increase in allowable intensity of use on other lots to offset this prohibited reduction of residential capacity.
23. Petitioners have no plain, speedy, and adequate remedy in the ordinary course of law to challenge the Ordinance, and a writ of mandate under Code of Civil Procedure § 1085 is the prescribed remedy for violations of this type. Petitioners have performed all conditions precedent to the issuance of a writ of mandate. Petitioners seek an immediate stay to enjoin Respondents from enforcing the Ordinance.
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SECOND CAUSE OF ACTION
(Declaratory Relief - Code Civ. Proc.§ 1060 - Against All Respondents)
24. Petitioners incorporate here by reference the al legati ons contained in Paragraphs l through 23 of this Petition and Complaint.
25. An actual controversy has arisen and now ex ists between Petitioners and Respondents concerning the obligations and duti es of Respondents under Californ ia statutory law. As set fo rth herein, Peti tioners contend that SB 330 prohib its Respondents' enactment and enfo rcement of the Ordinance. Petitioners are in formed and believe, and on that basis allege, that Respondents contend in all respects to the contrary. A judicial determination and dec larati on as to the applicability of SB 330 to the Ordinance and other similar ordinances, and of the resulting lega l obi igations of Respondents, is th erefore necessary and appropriate.
WH EREFORE, Peti tioners demand j udgment against Respond ents fo r the fo llowing:
I. For writ of mand ate or other appropriate re li ef, including an inj unction, dec laration, and/or order, declarin g Ordinance No. 2020-0 IO nu ll and void ;
2. For wri t of mand ate or other appropriate relief, in cludin g an inj unction, dec larati on, and/or order, commandi ng Respondents to refra in fro m enfo rcing Ordinance No. 2020-0 I O's reduction of FA R;
3. For writ of mandate or other appropriate re lief, including an injunction, declaration, and/or order, commanding Respondents to rev iew and process building permit applicati ons according to state standard s and the Zoning Code as it existed without amendment by Ordinance No. 2020-0 I 0, without applying the Ordinance's red uction of FAR to such building permit applicati ons;
4. For costs of suit herein ;
5. For reasonable attorn eys' fees under Code of Civil Procedure§ I 02 1.5; and
6. For any oth er relief that the Court deems just and pro per.
Dated: October 28, 2020 E~ TERSON, P.C.
By: Ryan J. Patterson
Attorneys fo r Peti tioners
PETITION FOR WR/T OF MANDATE !I ND COMPLAINT FO R DECLARATOR)' RELIEF -8-
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VERIFICATION
I, Sonja Trauss, declare as follows:
1. I am a natural person and a resident of the State of California. I am a petitioner in this action and the founder of petitioner Yes in My Back Yard ("YIMBY"). I am authorized to . verify this Petition for Writ of Mandate, Prohibition, or Other Extraordinary Relief; Complaint for Declaratory Relief; and Request for Immediate Stay on behalf of YIMBY.
2. I hav_e read the foregoing Petition for Writ of Mandate, Prohibition, or Other Extraordinary Relief; Complaint for Declaratory Relief; and Request for Immediate Stay and know its contents. Th~ matters stated in the Petition for Writ of Mandate, Prohibition, or Other Extraordinary Relief; Complaint for Declaratory Relief; and Request for Immediate Stay are true of my own knowledge from having reviewed Ordinance 2020-010.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on October 28, 2020
PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARA TOR Y RELIEF -9-
Exhibit A
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ORDINANCE NO. 2020-o 1 O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, APPROVING ZONING CODE AMENDMENT P2019-0036-ZCA, AMENDING CULVER CITY MUNICIPAL CODE (CCMC) TITLE 17: ZONING CODE; SECTION 17.200 - ESTABLISHMENT OF ZONING DISTRICTS, ADOPTION OF ZONING MAP, 17.210 - RESIDENTIAL ZONING DISTRICTS,
17.260 - OVERLAY ZONES, 17.300 - GENERAL DEVELOPMENT
STANDARDS, 17.320 - OFF-STREET PARKING AND LOADING, AND
17.400.100 RESIDENTIAL USES ACCESSORY RESIDENTIAL
STRUCTURES, TO MODIFY SINGLE FAMILY ZONE DEVELOPMENT
STANDARDS.
(ZONING CODE AMENDMENT, P2019-0036-ZCA)
WHEREAS, on January 22, 2020, after conducting a duly noticed public hearing on City-initiated Zoning Code Text Amendment (P2019-0036-ZCA), amending Culver City Municipal Code (CCMC) Title 17: Zoning Code; Section 17.210 - Residential Zoning Districts, 17 .260 - Overlay Zones, 17 .320 - Off-Street Parking And Loading, and 17.400.100 - Residential Uses - Accessory Residential Structures, to modify Single Family Zone development standards, fully considering all reports, studies, testimony, and environmental information presented, the Planning Commission, (i) by a vote of 5 to 0, recommended to the City Council approval of Zoning Code Amendment P2019-0036-ZCA (with the exception of the amendment to CCMC Section 17.210.020.A, Table 2-3, Maximum Area, related to Floor Area Ratio (FAR), which was considered by a separate vote); and (ii) by a vote of 3 to 2, recommended to the City Council approval of a modification to CCMC Section 17.210.020.A, Table 2-3, Maximum Area, to reduce Residential Floor Area Ratio from 0.60 to 0.50 as part of Zoning Code Amendment P2019-0036-ZCA, as set forth herein below; and WHEREAS on May 26, 2020, after conducting a duly noticed public hearing on Cityinitiated Zoning Code Text Amendment (P2019-0036-ZCA) amending Culver City Municipal Page -1 -
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Code (CCMC), Title 17: Zoning Code; Section 17.200 - Establishment of Zoning Districts, Adoption of Zoning Map, 17 .210 - Residential Zoning Districts, 17 .260- Overlay Zones, 17.300 -General Development Standards, 17.320-0ff-Street Parking And Loading, and 17.400.100 - Residential Uses - Accessory Residential Structures, to modify Single Family Zone development standards, fully considering the Planning Commission's recommendation and all reports, studies, testimony, and environmental information presented, the City Council determined (i) to modify the Planning Commission recommended Floor to Area Ratio (FAR) from 0.50 to 0.45 to better reflect the input received by the community; (ii) to include additional text to ensure that building pads in hillside neighborhoods remain consistent with the rise or fall of the slope of the street; and (ii} by a vote of 5 to 0, to introduce, with the foregoing modifications, an ordinance to approve Zoning Code Amendment P2019-0036-ZCA (the "Ordinance"), and
WHEREAS on July 13, 2020, the City Council by a vote of _5 of~. adopted the Ordinance as set forth herein below.
NOW, THEREFORE, the City Council of the City Of Culver City, California, DOES HEREBY RESOLVE as follows:
SECTION 1. Pursuant to the foregoing recitations and the provisions of the CCMC, the following required findings for an amendment to the Zoning Code, as outlined in CCMC Section 17.620.030.A, are hereby made:
1. The proposed amendment ensures and maintains internal consistency with the goals, policies and strategies of all elements of the General Plan and will not create any inconsistencies.
The proposed Zoning Code Amendment is intended to reduce incompatible mass and bulk of new single-family housing Culver City. The amendments will improve the Zoning Code's implementation of the goals, objectives, and policies of the General Plan. The existing Zoning Code language allows for single-family homes Page - 2 -
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construction that does not fit existing neighborhood character. The proposed Zoning Code Amendment will modify single family residential zone standards to regulate buildings that are more compatible with existing surroundings. The proposed Zoning Code Amendment is consistent with General Plan Goals and Policies that call for the preservation of existing single-family neighborhoods. Therefore, the proposed Zoning Code Amendment does not conflict with the goals, policies, and strategies of any elements of the General Plan, nor create any inconsistencies.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
The proposed Zoning Code Amendment was initiated as a result of public concerns that new construction in single-family neighborhoods is affecting quality of life for existing residents due to large homes. The proposed Zoning Code Amendment provides new regulations to better fit new homes within existing singlefamily zones consistent with prevailing FAR in adjacent cities, and provide opportunities for the creation of additional housing development through the construction of accessory dwelling units (ADUs) and junior accessory dwelling unit {JADUs). By reducing bulk and mass of a home, residents will have more opportunities for light and air access, privacy, maintenance of existing single-family neighborhood character, and development of ADUs and JADUs.
New regulations will allow for existing single family dwelling units averaging between 1,200 and 1,800 square feet to further develop and expand to approximately 2,250 square feet. Further, consistent with Government Code Section 66300, the proposed Zoning Code Amendment facilitates the preservation of existing development and development of additional dwelling units through the construction of ADUs and JADUs; restricts the over-development of single family parcels, which has traditionally limited the ability to develop additional units via ADUs or JADUs; provides additional opportunities to construct ADUs and JADUs, effectively increasing the housing supply and reducing the costs of housing development; and does not propose any changes which result in a net loss of residential capacity. In addition, with respect to hillside development standards for the Residential Hillside Overlay shown in Exhibit A, the proposed changes maintain consistency with the Culver Crest Overlay Zone, which were previously implemented in response to unique life safety conditions in the hillside areas. Based on the foregoing, the Zoning Code Amendment will not be detrimental to the public interest, health, safety, convenience, and welfare of the City.
3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
The Project is considered exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Project to amend the Zoning Code will have a significant effect on the environment. The proposed Zoning Code Amendment, modifying single family Page - 3 -
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home development standards, by itself does not result in any physical changes nor any significant effects on the environment, and does not result in an intensification of development beyond what the Zoning Code already currently allows.
Furthermore, the proposed Zoning Code Amendment is not in conjunction with the specific approval of any existing development or use permit applications. Therefore, any projects seeking approval subsequent to the proposed Zoning Code Amendment, would be subject to appropriate CEQA analysis at that time of any such application.
SECTION 2. Pursuant to the foregoing recitations and findings, the City Council of the City of Culver City, California, hereby introduces the Ordinance approving Zoning Code Amendment P2019-0036-ZCA, amending Culver City Municipal Code (CCMC), Title 17: Zoning Code; Section 17.200 - Establishment of Zoning Districts, Adoption of Zoning Map, 17.210 - Residential Zoning Districts, 17.260 - Overlay Zones, 17.300 - General Development Standards, 17.320 - Off-Street Parking And Loading, and
17.400.100 - Residential Uses - Accessory Residential Structures, as set forth in Exhibit A attached hereto and made a part thereof.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after its adoption. Pursuant to Section 616 and 621 of the City Charter, prior to the expiration of 15 days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three places within the City.
SECTION 4. The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason or any preemptive legislation, then the City Council would have Page -4 -
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independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases, or words of this Ordinance, and as such they shall remain in full force and effect.
ATTESTED BY:
APPROVED and ADOPTED this 131h day of July, 2020.
Page - 5 -
AN ERIKS ON, Mayor
ity of Culver City, California
EXHIBIT A
§ 17.200.010 ZONING DISTRICTS ESTABLISHED.
Culver City shall be divided into zoning districts which implement the General Plan. The zoning districts described in Table 2-1 (Zoning Districts) are hereby established, and shall be shown on the official Zoning Map adopted (§17.200.025).
Table 2-1
ZoninQ Districts
Zoning Map I Zoning District Name I General Plan Land Use Classification Implemented Symbol by Zoning District
Overlay Zones
-RH I Residential Hillsides
Overlav I
§ 17.210.020 RESIDENTIAL ZONING DISTRICTS DEVELOPMENT STANDARDS.
A. General Requirements. Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the R1, R2 and R3 zones shall conform to the requirements in Table 2-3 (Residential Districts Development Standards - R1, R2, R3). Subdivisions, new land uses and structures, and alterations to existing land uses and structures in the RLD, RMD and RHO zones shall conform to the requirements in Table 2-4 (Residential District Development Standards - RLD, RMO, RHO). In addition, the applicable development standards in Article 3 (Site Planning and General Development Standards) apply to all residential zoning districts.
Table 2-3
Residential Districts Development Standards (R1, R2, R3) Development Requirement by Zoning District
Feature R1 R2 R3
Minimum lot area (1) 5,000 square feet or the average area of residential lots within a 500-foot radius of proposed subdivision, whichever is greater.
Lot width (2) 50 feet
Lot depth 100 feet
Maximum number of
dwelling units allowed 1 unit 2 units 3 units
per parcel (3)
Maximum and minimum Maximum and minimum allowed floor
Dwelling size allowed floor area. area, not including any garage or other non- habitable space.
1,500 square feet plus 40% of net lot area for
Maximum area
-:-eG & Floor Area Ratio parcels less than 8,000 square feet; (FAR) (6)f+j 60% of net lot area for parcels 8,000 square feet or more.
1,000 square feet
for a single-family 1,000 square feet for a
Minimum area
1,000 square feet on the unit; single-family unit;
ground floor. 750 square 750 square feet for a
feeUunit in a duplex or triplex.
duplex.
Setbacks (4) Minimum setbacks required. See§ 17.300.020 (Setback Regulations and Exceptions).
Front Single stor:y: structures - 20 15 feet 10 feet or one half the building height,
feet single story structures whichever is greater.
Two sto[Y structures - 20
feet; 25 feet for second
stoey, as defined by this
Title, or any roof or gortion of
a roof, 12ara12et wall, or front
yard-facing fagade that
exceeds a height of 18 feet
two stoi:y strusturns; 13lus
minimum 5 feet ste13back for
second fleer
25 feet two story structures
witl=1 oul minimum 5 feel
sesonEl floor ste13bask
5 feet minimum.
No structure shall encroach
Interior sides (each) ugon a 1: 1 u12ward- and
inward-inclining setback
glane starting from 18 feet
above any interior side lot
line.
5 feet single story structures 4 feet 5 feet
5 feet - two story structures;
plus minimum 5 feet
Street side (corner) stepback for second floor
10 feet - two story structures
without minimum 5 feet
second floor stepback
Rear 15 feet 10 feet
Minimum distance 5 feet between accessory residential structures; between structures 8 feet between detached dwelling units.
Open space
Minimum area of a site to remain uncovered by structures, in compliance with § 17.400.100 (Residential Uses - Accessory Residential Structures).
Private None required other than setbacks.
Common None required.
Flat roofs (less than a 3: 12
slope) - 2 stories and 2-e.-feet
27 feet
Height limit (4)(5)~ Sloped roofs {equal lo or 2 stories and 30 feet greater than a 3:12 slor:2e
and equal to or less than a
1: 1 slope) - 2 stories and 30
feet
Roofto12 decks shall be set Permitted, subjecl to other provisions in this Roof decks back 5 feet from the building Title. edge along a side }!ard.
Landscaping As required by Chapter 17.310 (Landscaping).
Parking As required by Chai:1ter 17.320 (Offstreet Parking and Loading).
Signs As required by Chapter 17.330 (Signs).
Notes:
( 1) Minimum lot area for parcels proposed in new subdivisions and lot line adjustments. Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes. with the minimum lot area detennined through the subdivision review process, provided that the overall development site complies with the minimum lot size requirements of this Chapter. (2) Mi11imum required width measured at the street property line. except as otherwise provided by§ 15 .10.700. (Subdivision Design Standards) for curved lot frontages and flag lots. (3) For standards for Accessory Dwelling Unit. see§ 17.400.095. (4) For standards for Accessory Residential Structures, see ~ 17.400.100. (5) For standards for Height Measurement and Height Limit Exceptions. see * 17 .300.025. fel Garages attaehed to be primary structt1re shall be included in the FAR. Detached garages ,hall not be im:luded in tl~e I-AR.
( -7.Q) The floor area of basements shall not be included in the FAR.
HH ~le13ed rtlels eEJtml le er grnler than a ~:I;! sle13e: llal reels less than J:12 sla1~e .
Figure 2-A Maximum Envelope - Zoning
1:1145•) Sloped side
yard encroachment plane
.,.... ::: -. .... __ .. measured from 18' --0~above
/f 1 --....... _ __ - -. -. , th~sidey.1rd prnperty1ine /~.,.,I .... .. .. ...... ..... ---;/ (see Section A-A') / ,/ I ·-;-,.~
;:,;" ~ . / . ,,,· ~ -------- /,::.' I - - // . / ~ - ~ , ' /,::,, . ~ ; <-/ .:__ / / I ------------- --=----
M;n;mum 1,00, yaro "·-. -~}}::·: •. • /·~ / ,,__ __ ';"-/:~-·//// " - · :--. _ . 1 Ma1Umumbu1ld1ng second-stor)'!>etback / / / · .... ~ / / -..,,.... I . 7 ------ .- he1ghtforaflat·roof measured from the ··· .. /i v:!':" - .... . 7 ···-.... ., / ., .... -. .... I / ~ / uructure front yard property hne • •• / r --.. .... --/ .. -.._ /:. - >/····;•::'" / / -.,- /,. .. 2 S'-O' (.::, = ~ ~/: ,-.... ___.=.::\,~// / ,.-,-...... ?,I;./ A' ll'-O'o . . \ 'wr· 3o·-o·: ~~:mum bu1ld1ng I / ., / ..._ '( ., ~,;:n AA' j height for a slopedr ., - -. -J ., / Minimum rear .. roof structure Mini~,um
int~rior side
yard ~tback
.-···•
Public street
/ I ' ~~ yard setback
/ .! , / / .. ; . . T •s·-o·
-----------_ l / / ;. /. 18'~. - .... . . ,,.
-..... ...._ / . ·,.
-.. · Building components with
Miniffium
interior side
yard setback
/ · hetghtsgreaterthan 18'-0"shall
adheu~ lo minimum 25'-0~ f,ont
yard second-story se1back
Minimum front yard setback for first
·•··•··· stories and building compon~nu
!Mth heights or 18'-0"or less
AXONOMETRIC VIEW: Maximum Envelope - Zoning
Ma,'ltimum building
height for a slop~·
roof st~ucrure
1 .••• 30'-0"
P.L.
/-------- - - ' ,t--------+--:;r-------------------------'\,, / ' P.L.
. . ' ,:~ ~ :• "J ,(------/ I '
I
• • 27'-0" I
' I
Maxlmu~ bunding
height for j] flat-roof
structure
1e·.o·
I
Minimum
int erior
side y.ud ·-··
setback
SECTION A-A': Maximum Envelope - Zoning
' ' '
s·l s~o{ r-------so· 0~1yp.-------,,
1, t 145') Sloped side
yard enaoachment ptane
measured from 18' -o· above
the side yard property line
Minimum
interiOf
side yard
setback
Property Line
Maximum Envelope
-Zoning•
10 15 20 ft
~--~~
• The 1 :1 (45' ) upward· and inward-inclining plane constraining placement of roof-mounted and upper-story mechanical equipment and structures housing mechanical equipment is not illustrated in this Figure. Refer to Figure 2-C (1 :1 Allowable Placement for Roof-Mounted and Upper-Story Mechanical Equipment).
Figure 2-B Cumulative R1 Development Standards
............
Public street
Public street
SLOPED-ROOF STRUCTURE
Sloped roofs:
~ 3:12 slope; .....
< 1:1 slope · .. \
, 1 , I
Typical so·-o· (width)
.. ······· by 100·-o· (depth)
.. · · R-1 parcel ' ' / 1: 1 (45') side yard
.•.... -···· encroachment plane
,:.J,
Rear yard garage area
exempted from FAR:
···· · rear yard enroachment
permitted per Section
17 .400.100.A
> ....... , ..
' '>- ...... ....._.} s'-0..: ..•...
Minimum
rear yard
setback
Height limit for sloped·
roof structures
Property Line : _ _!. , Maximum Envelope - Zoning
FLAT-ROOF STRUCTURE
Roof dec k set back s·-o·
Typical so·-o· (width)
... -· ·· by I 00' -0• (depth)
./ R-1 parcel
1 1 (45') s,de yard
···· encroachment plane
Property Line (:-:;,
1 _ _!, 1 Maximum Envelope · Zoning
Figure 2-C 1 :1 Allowable Placement for Roof-Mounted and Upper-Story Mechanical Equipment Front Yard
Property line
21'··<Y maA.
height hmlt
fora flat roof,
Parapel/fire ··.
wall
r
.. --- ~
Mui~um l
1 - r
··-- • iT.o· I
Building :
components
;~~pe I
- J indus.ive of a
parapet/fire
wall
-I
I
I
withhe'9hts .- -··•IS"-0" I gre-ater than . #
18"-0",h•II ; I adhere to min.
25'-0"hont
y,mf secondstory setback
• · ·1 1 I (4S1 upwaod· ond 1 .,,• " \ inwa rd 1nchnmg plane ••
-• .,, .. .,,"- - - ' ~tartmgattheba~of
.. ·-- . • thP roof along front yar d
r-_,,,_.,.....,'-..,. '-. Roohop mechanical
eqUtpment
------~~-----------1
Section Showing Front Yard-Facing Fa~ade
§ 17.210.025 DEFINITIONS FOR THE R1 ZONE.
The following definitions shall apply to residential zoned property :
2T-O"ma>1
height limit
for a flat roof.
inclusive ol a
parapet/fire
wall · .•
·-.. • 27'-0"
1:l 14S'I
Side Yard
Property Urie
sloped side .-· . ._ 18._0•
yotrd
enuoach~nt
~one meiasurtd
from18"·0"
abowthe ~de
yard property
lineSection Showing Side Yard-Facing Fa~ade
1.1 (45•) upward· and
·, inward-indinkig plane
naning 111 the bue ol
tht- 1oof along side yard
\ Rooftop mechanical
equtf)ment
M«:hanical ~u1pment
located on uppec level
balcony
1. Attic. The area between roof framing and the ceiling of the rooms below that is not habitable per Building Code standards, bul may be reached by ladder and used for storage or mechanical equipment. Any room with less than 70 square feet in area or less than 7 feet in height shall constitute an attic.
2. Covered. Any enclosed, semi-enclosed. or unenclosed building area that is covered by a solid roof.
3. Dwelling Unit. Any structure designed or used for shelter or housing that contains permanent provisions for sleeping, eating. cooking. and sanitation. occupied by or intended for one (1 l or more persons. A dwelling unit shall have no more than one (1) kitchen.
4. Floor Area, Residential. In the R1 Zone, residential floor area shall include any floor area, confined from exterior wall to exterior wall. within the main dwelling unit, accessory structures, and garages, with the exception that accessory dwelling units shall not be counted towards FAR and garages localed in lhe rear one-half (1/2) of the lol shall not be counted towards FAR. On a typical lot type defined by Fioure 7-1 (Examples of Lot Types), the "rear one-half ( 1 /2) of the lot" shall be defined as the area between the rear property line and the midline between the front and rear yard propertv lines. On any lot type not represented in Figure 7-1, the garage exemption from FAR shall be determined by the Community Development Director. Interior areas with ceiling heights greater than 14 feet shall be counted twice towards the floor area with the exception that the first 250 square feet of such areas shall be counted only once towards the floor area.
5. Kitchen. Any room or space within a structure containing a combination of the following facilities lhal arc capable of being used for the cooking or preparation of food: oven/microwave oven. stove, refrigerator exceeding 6 cubic feet, and sink.
6. Mezzanine/loft. In the R1 Zone. a mezzanine/lotl shall be defined as an intermediate or fractional floor area between the floor and ceiling of a main story that is open to the floor below. A mezzanine/loft floor area shall be deemed a full story when it covers more than one third (1/3) of the area of the story directly underneath said mezzanine/loft area or the floor-to-plate height of the mezzanine/loft area exceeds 14 feel.
§ 17.260.040 CULVER CRESTJRESIDENTIAL HILLSIDES OVERLAY (-CG) (-RH).
A. Purpose. The purpose of establishing the Culver Crosl:/Rosidontial Hillsides Overlay f-Gq (-RH) is to provide tAe area-specific zoning regulations necessary for the incremental improvement and sustainable development of hillside neighborhoods in Culver City.
B. Allowable land uses and permit requirements. Allowable land uses and required permits shall be established by the applicable underlying zone.
C. Definitions. The following definitions will relate to residential zoned property in the --GG -RH Overlay:
1. Attic. Any non habitable space, per Building Code Standard, between the ceiling beams of the top story and the roof rafters, which may be reached by ladder and used for storage or mechanical equipment, and which is less than seventy (70) square feet in area and less than seven (7) feet in height, shall constitute an attic.
2. Covered. Any enclosed, semi enclosed, or unenclosed building area that is covered by a solid roof.
3. D•Nelling unit. Any structure designed or used for shelter or housing that contains permanent provisions for sleeping, eating, cooking, and sanitation occupied by or in~ne (1) or more persons on a long term basis. A dwelling unit shall have no ffiGfe than one (1) kitchen.
---4.--Floor a~rea, rResidential. Residential floor area shall include mezzanines, covered porches, covered patios, and accessory buildings in addition to any floor area. confined from exterior wall to exterior wall, within the main dwelling unit but shall not include detached garages. Garages shall be included in the floor area with the exception that up to 200 square feet of attached and front-facing garages shall be exempted from floor area. Floor area shall be defined as the area confined from exterior wall to exterior ,;.rall. Areas within a ceiling height greater than one (1) story, as defined by this Title, will be counted twice towards floor area. Interior areas with ceiling heights greater than fourteen (14) feet shall be counted twice towards the floor area. Staircases, ele,•ator shafts, and the like, shall be counted as one (1) plane per floor.
5. Kitchen. Any room or space within a structure containing a combination of the following facilities that are capable of being used for the preparation or cooking of food: 01,en/microwave oven, stove, refrigerator exceeding six (6) cubic feet, and sink.
6. Meuanme/loft. An intermediate or fractional floor area between the floor and ceiling of a main story. A mezzanffie/loft floor area shall be deemed a full story when it covers more than one third (1/3) of the area of the story directly underneath said mezzanine/loft area or the floor to plate height of the mezzanine/loft exceeds fourteen ( 14) feet.
7. Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, then the space between the floor and the ceiling above. A story shall be defined as the floor to plate height-and can be RO taller than fourteen ( 14 )-feet.,
D. Development requirements. Development requirements shall be regulated by Table 2-12 (Residential Hillsides Overlay Development Standards). Wherever the --GG -RH Overlay zone is silent on a matter, the corresponding regulation of the underlying zone shall apply.
Table 2-12
~GrestJResidential Hillside§ Overlay Development Standards f-GG} (-RH) Development Feature Requirement by -Ge -RH Overlay
Maximum Number of Dwelling 1 Unit Units Allowed per Parcel /1\ Dwellinq Size (A2)
Slope (B3) FAR
<15% 0.45
Maximum Area 15%to30% 0.40
>30% to 45% 0.35
>45% to 60% 0.30
>60% 0.25
Setbacks (G1) Minimum setbacks required. See§ 17.300.020 (Setback Regulations and Exceptions)
Front 20 feet - Single Story Structure
30 feet - Second Storv of Two Story Structure
Side (GS) First Floor: 10% of lot width, but not <5 feet and not >10 feet Second Floor (Narrow Setback): 16% of lot width, but not <8 feet and not >16 feet
Second Floor (Wide or Street-Facing Setback): 24% of lot width, but not <12 feet and not >24 feet
Rear 15 Feet
Slope Heiqht
Flat Roof - 2 stories and 2&-27
Height Limit (~§) <50% feet
Sloped Roof - 2 stories and 30
feet
50% to 100% 1 Story and 14 feet
Notes:
(I) For standards for Accessory Owellirn:1 Units. sec§ 17.400.095 . (AJ) Minimum by-right floor area in the hillside area, regardless of lot size. is 2.500 square feet. (B}) Existing slope is to be established with topographic survey and slope analysis of existing conditions prior to issuance of Building Permit.
(G:!.) For exceptions to setback standards, sec § 17.260.040.E. (&i) Building may exceed minimum required setback but cannot reduce minimum required setback. Applicant may choose which of the two (2) side setbacks is narrow and which is wide, but wide setback will automatically apply to a street facing side yard.
(eQ) Any parapet is included as part of the fl at roof height standard.
E. Setback and stepback exceptions findings. Exceptions to setback standards shall be reviewed by the Planning Commission.
The Planning Commission shall consider and record the decision in writing with the findings on which the decision is based. The exception may be approved, with or without conditions, only after making all of the following findings:
1. There are special circumstances applicable to the property (e.g. location, shape, size, depth, surroundings, and/or topography), or to the intended use of the property, so that the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
2. Approval of the exception would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
F. Parking. Uncovered. Yi covered, and fully covered parking shall be permitted in the Hillsides Overlay Zone. Any uncovered parking located behind the front yard setback line shall be placed within fifteen (15) feet of a maximum of one (1) interior side yard and/or shall be fully screened from view of the public right-of-way by the primary structure. Front yard-facing parking not located within fifteen (15) feet of a side yard shall be fully covered and enclosed. See Figure 3-11 (Allowable Residential Uncovered Parking Placement) provided in§ 17.320.035.
§ 17.300.025 HEIGHT MEASUREMENT AND HEIGHT LIMIT EXCEPTIONS.
C. Exceptions to Height Limits. Exceptions to the height limits identified in this Title shall apply in the following manner, except where otherwise required by the Building Code:
1. Notwithstanding any other regulation of this Title, the Council, after consideration of recommendation by the Commission, may by resolution establish a maximum building height for new construction in the Redevelopment Project Area Component Areas 1 through 3, consistent with the Design for Development established by the Redevelopment Agency.
2. Roof-mounted structures for the housing of mechanical equipment, antennas, elevators, stairways, tanks, towers, ventilating fans , or similar equipment required to operate and maintain the structure, shall be allowed as follows, except that where the requirements for screening pursuant to Section 17.300.035.C.1. conflict with the requirements of this Section 17.300.025, such conflict shall be resolved at the discretion of the Director.
a. In multiple-family residential zones, up to a maximum of 13 feet 6 inches above the height of a building. Any roof mounted structure or equipment exceeding the parapet height shall be set back 5 feet from the edge of the structure, except stairs shall not be required to be set back from the edge of the structure. b. In non-residential zones, up to a maximum of 13 feet 6 inches above the height of a building; except that elevators shall be allowed up to a maximum of 19 feet 6 inches above the height of a building. c. In single-family residential Lones. mechanical equipment located on roofs, upper level terraces, patios and balconies, and structures housing mechanical equipment shall not exceed the maximum zoning envelope and shall not encroach upon a 1: 1 upwardand inward-inclining plane starting at the base of the roof or exterior deck surface along front and side yard-facing facades.
3. Fire or parapet walls may extend up to 5 feet above the building height limit of the structure, and as may otherwise be required by the California Building Code. In the R 1 Zone. the height limit shall be inclusive of fire or parapet walls. § 17.300.035 SCREENING.
C. Mechanical Equipment, Loading Docks, and Refuse Areas.
1. Mechanical equipment (e.g., air conditioning, heating, exhaust, and ventilation ducts, and the like), loading docks, refuse and recyclable materials storage areas, and utility services shall be screened from public view from adjoining public streets and rights-ofway, and surrounding area(s) zoned for residential or open space uses as determined by the Director. In single-family residential zones. mechanical equipment located on roofs, upper level terraces. patios and balconies, and structures housing mechanical equipment shall not exceed the maximum zoning envelope and shall not encroach upon a 1:1 upward- and inward-inclining plane starting at the base of the roof or exterior deck surface along front and side yard-facing facades. § 17.300.045 GRADING CONSISTENCY.
When a property is located in a residential zone along a sloping street of 5% or greater. elevation of the new building pad construction shall be consistent in rise along the street and shall be the average elevation of the adjoining lots calculated as the sum of the adjoining lot elevations divided by two, unless otherwise prescribed by the Building Official. § 17.320.035 PARKING DESIGN AND LAYOUT GUIDELINES.
A. Access to Parking Areas and Parking Spaces.
1. Access to parking areas. Parking areas shall be designed to prevent access at any point other than at designated access drives.
2. Parking space location. Parking spaces shall not be located within 10 feet of an access driveway, measured from the property line. See Figure 3-8 (Parking Space Location) below. Parking spaces in the R1 Zone shall comply with Footnote 1 of Table 3-5 of Subsection 17.320.035.N.3 (Residential Covered Parking Requirements).
3. Internal maneuvering area. Parking areas shall provide suitable maneuvering room so that vehicles enter the street in a forward direction, except for single-family homes, duplexes or triplexes on non-arterial streets, which may be designed to permit backing a vehicle into a public street right-of-way.
N. Special Parking Requirements for Residential Uses.
1. Driveway length. Within single family, duplex and triplex developments, In R2 and R3 Zones. access for every required parking space shall be provided by a paved driveway not less than 20 feet in length, measured from the end of the parking space to the nearest public or private street right-of-way line from which access to parking is provided. In the R1 Zone. front-facing garages shall be set back at least 25 feet from the front property line.
2. Paving of street-facing setback. Within residential zoning districts, no more than 25% of any required setback facing a street shall be paved to provide access to on-site parking, unless paving of a larger area is required to comply with Subsection 17.320.035.C. (Parking Space and Lot Dimensions) above (e.g., to provide a standard 16-foot, double-wide driveway for a two-car garage within the 20-foot front setback area), to comply with Table 3-5 of Subsection 17.320.035.N.3 (Residential Covered Parking Requirements), or unless such paving involves a circular driveway that is otherwise in compliance with Subsection 17.320.040.C. (Circular Drive).
Vehicles shall not be parked between the street property line and the front or side of a residential unit except on a driveway leading to a garage or carport, on a designated uncovered parking space or on a circular driveway.
3. Covered parking. All required parking shall comply with the requirements of Table 3-5 Covered Parking Requirements.
Table 3-5 Residential Covered Parking Requirements
Zoning District Residential Unit(s) Uncovered 1/2 Fully Covered Covered
R1 Zone ill Single family dwelling I25l I25l [x]
R2, R3, RLD, RMD Single family dwelling (alone) [x] and RHO Zones R2, R33, RLD, RMD Single family dwelling (plus
and RHO Zones one or more detached SFD, [x]
duplex or triplex)
R2, R3, RLD, RMD Duplex or triplex [x] and RHO Zones
RLD, RMD and RHO Multiple family (4 or more [x] Zones units) CN, CG, CC, CD, and Residential portion of a [x] EWO Zones mixed use project CN, CG, CC, CD, and Live work unit [x] EWO Zones
All Guest parking [x]
Notes:
(I) In the RI Zone. anv uncovered parking located behind the front vanl ~ctback line sha ll he placed within 15 tcct ofa maximum ,lfonc in1erior side yard property line an<l/01 shall be fullv screened from view of the public n>1ht-nf-,1ay bv the priman structure . Front yard-focinu parki1H.! not located ,,·ithm 15 fee t ofan interior side vard prnDcrtv line sha ll he liillv covered and enclosed. Sec Fiuurc 3-11 (Allo\\"abk Residential Uncovered Parkinu Placement) below.
Figure 3-11 Allowable Residential Uncovered Parking Placement Required
100---0·
typ.
front yard ····-...
setback
• 20·--0·
.. --..
Public
street
-,,,<---- so·--0· ----
typ.
L ·- ·- · ·-·-·- 1
I
:/- 15'-0" :,i'- 15'-0"....,.<'.
Property line
Allowable location for a designated
uncovered parking space
Prohibited location for a designated
uncovered parking space
§ 17.400.100 RESIDENTIAL USES· ACCESSORY RESIDENTIAL STRUCTURES.
This Section provides standards for accessory structures allowed in residential zoning districts in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards):
A. General Requirements for Accessory Structures in Residential Zoning Districts.
1. Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to, and not alter, the residential character of the site.
2. Allowable heights. The maximum allowable heights of accessory structures are specified in Table 4-4 (Maximum Heights for Accessory Structures in Residential Zoning Districts) below.
Table 4-4
Maximum Heights for Accessory Structures in Residential Zoning Districts Aoolicable Zoning District Maximum Height
Single-Family Residential (R1 ), Two-Family
Residential (R2) and Three-Family Residential 2 stories and ~ 27 feet (R3) Zonino Districts.
Low Density Multiple-Residential (RLD), Medium
Density Multiple-Residential (RMD) and High 2 stories and 30 feet Density Multiple-Residential (RHO) Zoning Districts.
3. Allowable setbacks.
-
a. The accessory structure shall have a setback of at least 2 feet from every perimeter property line when the setback is adjacent to a commercial zone and shall have a setback of at least 4 feet from every perimeter property line when the setback is adjacent to a residential zone, except that the setback shall be the same as that required for the primary dwelling in the zoning district in which the accessory structure is located, whenever the accessory structure:
i Exceeds 12 feet in height; or
ii. Is within a setback facing a public street right-of-way. b. If the accessory structure is a carport or garage, it shall be set back from a public street right-of-way as necessary to conform with the requirements of Subsection 17.320.035.N. (Special Parking Requirements for Residential Uses). c. Exceptions. The following structures are exempt from the accessory structure setback requirements, with a cumulative limit of 2 maximum of any combination of such accessory structures or 1 property. i. Movable structures not exceeding 12 feet in height, including children's play equipment, pet shelters, and similar structures , may be placed within a required side or rear setback without limitation on location. ii. Trash enclosures may be placed within a required rear or side setback without limitation on location. d. Second story additions to existing accessory structures will not be permitted unless:
i. The existing accessory structure is a garage;
ii. The second story satisfies the same setback requirements that would be applicable to a primary dwelling in the applicable zoning district. See Figure 4-10.
--
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CULVER CITY
)
)
)
ss
Certification of Ordinance No. 2020- o 1 o
I, Jeremy Green, City Clerk of the City of Culver City, do hereby certify that the foregoing Ordinance was duly passed, approved, and adopted at a regular meeting of the City Council, which was held on the 13th day of July 2020, at the Mike Balkman Council Chambers by the following vote:
AYES: Eriksson, Fisch, Lee, Sahli-Wells, Small
NOES: None
ABSENT: None
ABSTAIN: None
Certified on this 13th day of July 2020, at the City of Culver City.