ORDINANCE NO. _______
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ORDINANCE NO. XXXXX, A ZONING CODE AMENDMENT, AMENDING TITLE 17 (SUBDIVISIONS) ADDING CHAPTER 17.51 (URBAN LOT SPLITS) AND TITLE 18 (ZONING) ADDING CHAPTER 18.113 (TWO-UNIT PROJECTS), ADDING SUBPARAGRAPH “O” TO SECTION 118.10.020 (PERMITTED USES), AND ADDING SUBPARAGRAPH “G” TO SECTION 118.18.040 (PERMITTED USES), AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, IN 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”). Which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 took effect January 1, 2022 and preempts any conflicting city ordinance; and WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to regulate projects under SB 9; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9, the City would be limited to applying the few objective standards that are already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and WHEREAS, the approval of urban lot splits and two -unit projects based solely on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b); and NOW, THEREFORE, the City Council of the City of Rialto, California, does hereby find, determine, and ordain as follows:
SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Under California Government Code Sections 65852.21, (Subdivision (j), and 66411.7, Subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9. The determination of CEQA exemption reflects the independent judgement of the City Council.
SECTION 3. Based upon the findings and conclusions set forth herein, the City Council hereby APPROVES this Urgency Ordinance amending City of Rialto Municipal Code Title 17 (Subdivisions) adding Chapter 17.51 (Urban Lot Splits) and Title 18 (Zoning) Adding Chapter 18.113 (Two-Unit Projects) as stated in Exhibits “A” and “B” attached hereto, and incorporated herein by this reference.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
SECTION 5. The City Council hereby directs staff to prepare, execute, and file with the San Bernardino County Clerk of the Board of Supervisors, a Notice of Exemption within five (5) working days of the adoption of this Ordinance.
SECTION 6. If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provisions of this Ordinance, which shall remain in effect absent the provision held to be invalid, and to this end, the provisions of this Ordinance are declared to be severable.
SECTION 7. The documents and materials that constitute the record of proceedings on which the herein stated findings have been based are located at the City of Rialto City Hall, 150 S Palm Avenue, Rialto, California 92376. The custodian for these records is the City Clerk of the City of Rialto.
SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption of this urgency ordinance and shall cause a copy thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED AND ADOPTED this 8th day of February, 2022. _________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ___8th___ day of February, 2022.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2022. ________________________________
BARBARA MCGEE, CITY CLERK
EXHIBIT A
City of Rialto Municipal Code Title 17 (Subdivisions) shall be amended to add Chapter 17.51 (Urban Lot Splits), reading as follows:
Chapter 17.51 – URBAN LOT SPLITS
17.51.010 - Purpose.
The purpose of this chapter is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
17.51.020 - Definition.
An “urban lot split” means the subdivision of an existing, legally subdivided lot into no more than two lots in accordance with the requirements of this chapter.
17.51.030 - Application.
Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
An application for an urban lot split shall be submitted on a city application form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days following application submittal.
The City may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the development code, pursuant to applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.
17.51.040 - Approval.
An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director or his/her designee, without discretionary review.
A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this chapter. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative map shall expire 3 months following approval.
The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
A parcel map for an urban lot split is denied if it does not meet the requirements of this chapter, or a finding of a specific, adverse impact is made pursuant to section 17.51.060.
The Community Development Director’s decision to approve or deny an application for a parcel map for an urban lot split is final and non-appealable.
17.51.050 - Requirements.
An urban lot split must satisfy each of the following requirements:
Subdivision Map Act Compliance.
The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”) including implementing requirements in this code, except as otherwise expressly provided in this section.
If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
The city has all the remedies available to it under the SMA, including but not limited to the following:
An action to enjoin any attempt to sell, lease, or finance the property.
An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
Record a notice of violation.
Withhold any or all future permits and approvals.
Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.
Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
Lot Location
The lot to be split is not located on a site that is any of the following:
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by voters.
A wetland.
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
A hazardous waste site that has not been cleared for residential use.
Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
Within a 100-year flood hazard area, unless the site has either:
Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction or Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
Within a regulatory floodway, unless all development on the site has received a no-rise certification.
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
Habitat for protected species.
Land under conservation easement.
The purpose of Section 17.51.050(c)(1) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)-(K). (See Gov. Code § 66411.7(a)(3)(C).) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
No Prior Urban Lot Split.
The lot to be split was not established through a prior urban lot split.
The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this section, the term “any person acting in concert with the owner” shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
Housing that is income-restricted for households of moderate, low, or very low income.
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code § 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
Lot Size.
The lot to be split must be at least 2,400 square feet in area.
Each lot created by an urban lot split shall be at least 1,200 square feet in area.
Each lot created by an urban lot split shall be between 40 percent and 60 percent of the original lot area.
Easements.
The owner must enter into an easement agreement with each public service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
Each easement shall be shown on the tentative parcel map.
Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved pursuant to Section 17.51.040(B) above.
If an easement is recorded in favor of the city and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
Lot Access.
Each lot created by an urban lot split shall adjoin a public street right-of-way.
Each lot created by an urban lot split shall have frontage on the public street right-of-way of at least 24 feet.
Unit Standards.
Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For the purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to a primary dwelling unit created under Section 18.113 (Two-Unit Projects) of this code, or an ADU or JADU created pursuant to Section 18.10.070 (Accessory Dwelling Units) of this development code.
Unit Size.
The total floor area of each primary dwelling that is developed on a lot resulting from an urban lot split shall be a minimum of 500 square feet in area and a maximum of 800 square feet in area.
A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to a maximum of 800 square feet after the urban lot split.
Height Restrictions.
On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
On a resulting lot that is smaller than 2,000 square feet, no new primary unit may exceed two-stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling unit that exceeds one story in height shall be stepped back by an additional 5 feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
Lot coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
Setback Requirements.
Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
Exceptions. Notwithstanding Section 17.51.050(j)(5) above:
Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
Minimum Requirement Limitations. The minimum setback requirements shall not be applied in a manner that will preclude construction of two 800 square foot units with no less than 4 foot side/rear setbacks. The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than 4 feet from a side or rear property line.
Front Setback Area. Notwithstanding any other part of this development code, dwellings that are constructed after an urban lot split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
Be kept free from all structures greater than 3 and 1/2 feet high; and Allow for vehicular and fire-safety access to the front structure.
Parking. Each new primary dwelling unit that is built on a lot after an urban lot split shall have at least one off-street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 feet in width and 20 feet in length, unless one of the following applies:
The lot is located within one-half mile walking distance of either:
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or A site that contains:
An existing rail or bus rapid transit station,
A ferry terminal served by either a bus or rail transit service, or The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
The site is located within one block of a permanently established car-share vehicle pickup/drop-off location.
Architecture.
If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slop shared by the largest portion of the roof.
If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwelling shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
All exterior lighting shall be limited to down-lights.
No window or door of a dwelling that is constructed on the lot after an urban lot split may have a direct line of sight to any adjoining residential property. Decorative masonry block walls, dense landscaping or privacy glass may be used to provide screening and prevent a direct line of sight.
If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public street right-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:
At least one 15-gallong size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
All landscaping shall be drought-tolerant.
Non-conforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
Utilities.
Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider.
Each primary dwelling unit on the resulting lots that was or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
Building and Safety. All structures built on a lot resulting from an urban lot split shall comply with all current local building standards. An urban lot split is a change of use.
Fire-Hazard Mitigation Measures.
A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 feet. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.
All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone.
All enclosed structures on the site shall have fire sprinklers.
All sides of all dwellings on the site shall be within a 150 foot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.
If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire authority approved hookups compatible with fire-authority standard pump and hose equipment.
Prior to submitting an application for an urban lot split for a lot in a very high fire hazard severity zone, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this Section 17.51.050(k). The city or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application. The applicant shall pay the city’s costs for inspection. Failure to pay is grounds for denying the application.
Separate Conveyance.
On a lot created by an urban lot split:
Primary dwelling units may not be owned or conveyed separately from each other.
Condominium airspace divisions and common interest developments are prohibited.
All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.
Separate conveyance of the lots created by an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
Regulation of Uses.
Residential-Only. Nonresidential land uses shall be prohibited on any lot created by urban lot split.
No short-term rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
Owner occupancy. The applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of 3 years after the urban lot split is approved.
Notice of Construction.
At least 30 business days prior to the starting of construction of a structure on a lot created by an urban lot split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
Notice that construction has been authorized,
The anticipated start and end dates for construction,
The hours of construction,
Contact information for the project manager (for construction-related complaints), and Contact information for the Building & Safety Division.
This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an urban lot split is ministerial and under state law, the city has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
Expressly prohibits any nonresidential land use of the lots created by the urban lot split.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
States that the property is formed by an urban lot split and is, therefore, subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
17.51.060 – Specific Adverse Impacts.
Notwithstanding anything else in this chapter, the Community Development Director may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
The term “specific adverse impact” has the same meaning as in Government Code Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact.
EXHIBIT B
Section 1. City of Rialto Municipal Code Title 18 (Zoning) shall be amended to add Chapter 18.113 (Single-Family Two-Unit Projects), reading as follows:
Chapter 18.113 – SINGLE-FAMILY TWO-UNIT PROJECTS
18.113.010 - Purpose. The purpose of this chapter is to allow and appropriately regulate Single-Family Two-unit projects pursuant to Government Code Section 65852.21.
18.113.020 – Definition. A “two-unit project” means the development of two primary dwelling units, or if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot pursuant to the requirements of this chapter.
18.113.030 – Application.
An application for a Two-unit project shall be submitted on a City application form.
The applicant shall obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days following application submittal.
The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the development code, pursuant to applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.
18.113.040 – Approval.
An application for a Two-unit project is approved or denied ministerially, by the Community Development Director, without discretionary review.
The ministerial approval of a Two-unit project does not take effect until the city has confirmed that all required documents have been recorded, such as the deed restriction and easements.
The approval shall require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
The approval shall require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Municipal Code.
An application for a two-unit project is denied if it does not meet the requirements of this chapter, or a finding of a specific, adverse impact is made pursuant to section 18.113.050(l).
The Community Development Director’s decision to approve or deny an application for a two-unit project is final and non-appealable.
18.113.050 – Requirements. A Two-unit project shall satisfy all of the following requirements:
Subdivision Map Action (SMA) Compliance. The lot shall have been legally subdivided.
Zone. The lot is in a single-family residential zone. For the purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
Lot Location.
The lot is not located on a site that is any of the following:
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by voters.
A wetland.
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
A hazardous waste site that has not been cleared for residential use.
Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
Within a 100-year flood hazard are, unless the site has either:
Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction or Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plan management criteria of the National Flood Insurance Program.
Within a regulatory floodway, unless all development on the site has received a no-rise certification.
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
Habitat for protected species.
Land under conservation easement.
The purpose of subpart 18.113.050(C)(1) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
Housing that is income-restricted for households of moderate, low, or very low income.
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code § 7060–7060.7) at any time in the 15 years prior to submission of the two-unit project application.
Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought shall provide a sworn statement as to this fact with the application for the two-unit project. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
Unit Standards.
Quantity.
No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For the purposes of this paragraph “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to Section 18.113 (Two-Unit Projects) or an ADU or JADU created pursuant to 18.10.070 (Accessory Dwelling Units).
A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.
Unit Size.
The total floor area of each primary dwelling unit that is developed under this section shall be a minimum of 500 square feet in area and a maximum of 800 square feet in area.
A primary dwelling unit that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
A primary dwelling unit that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
Height Restrictions.
On a lot that is larger than 2,000 square feet in area, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
On a lot that is smaller than 2,000 square feet in area, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot with a two-unit project.
Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unit unless the site has not been occupied by a tenant in the last three years.
Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot of 800 square feet each.
Setback Requirements.
Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
Exceptions. Notwithstanding Section 18.113.050(6)(a) above:
Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
Minimum Requirement Limitations. The minimum setback requirements shall not be applied in a manner that will preclude construction of two 800 square foot units with no less than 4 foot side/rear setbacks. The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than 4 feet from a side or rear property line.
Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
Be kept free from all structures greater than 3 and ½ feet high; and Allow for vehicular and fire-safety access to the front structure.
Parking. Each new primary dwelling unit shall have at least one off-street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 feet in width and 20 feet in length, unless one of the following applies:
The lot is located within one-half mile walking distance of either:
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or A site that contains:
An existing rail or bus rapid transit station,
A ferry terminal served by either a bus or rail transit service, or The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
The site is located within one block of a permanently established car-share vehicle pickup/drop-off location.
Architecture.
If there is a legal primary dwelling on the lot that was established before the Two-unit project, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
If there is no legal primary dwelling on the lot before the Two-unit project, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.
All exterior lighting shall be limited to down-lights.
No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
If any portion of a dwelling is less than 30 feet from a property line that is not a public street right-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and doors) utilize frosted or obscure glass.
Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:
At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
All landscaping shall be drought-tolerant.
Nonconforming Conditions. A Two-unit project may only be approved if all nonconforming zoning conditions are corrected.
Utilities.
Each primary dwelling unit on the lot shall have its own direct utility connection to the utility service provider.
Each primary dwelling unit on the lot that was or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way shall have at least two independent points of access fire and life safety to access and for residents to evacuate.
All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
All enclosed structures on the site must have fire sprinklers.
All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.
If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
Separate Conveyance.
Primary dwelling units on the lot may not be owned or conveyed separately from each other.
Condominium airspace divisions and common interest developments are not permitted within the lot.
All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
Regulation of Uses.
Residential-only. No non-residential use is permitted on the lot.
No Short Term Rentals. No dwelling on a lot comprising a two-unit project shall be rented for a period of less than 30 days.
Notice of Construction.
At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
Notice that construction has been authorized,
The anticipated start and end dates for construction,
The hours of construction,
Contact information for the project manager (for construction-related complaints), and Contact information for the Building & Safety Division.
This notice requirement does not confer a right on the noticed persons or anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
Expressly prohibits any non-residential use of the lot.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
States that the property was developed as a two-unit project and is therefore subject to the city’s two-unit project regulations, including all applicable limits on dwelling size and development.
Specific Adverse Impacts.
Notwithstanding anything else in this section, the Community Development Director may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. “Specific adverse impact” has the same meaning as in Government Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact based on objective identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
Remedies. If a two-unit project violates any part of this code or any other legal requirement:
The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
The city may:
Bring an action to enjoin any attempt to sell, lease, or finance the property.
Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
Record a notice of violation.
Withhold any or all future permits and approvals.
Pursue all other administrative, legal, or equitable remedies that are allowed by law of the city’s code.
Section 2. Section 18.10.020 of the Rialto Municipal Code is amended by adding a new subparagraph “O” to read as follows:
“O. Two-unit project, as defined in Section 18.113.020 of the Rialto Municipal Code.” Section 3. Section 18.18.040 of the Rialto Municipal Code is amended by adding a new subparagraph “G” to read as follows:
“G. Two-unit project, as defined in Section 18.113.020 of the Rialto Municipal Code.” -1-
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