CITY OF SIMI VALLEY
MEMORANDUM
October 9, 2023
TO: City Council
FROM: Department of Environmental Services
SUBJECT: SECOND READING OF ORDINANCE NO. 1352 TO AMEND PORTIONS OF TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO UPDATE
STANDARDS FOR ACCESSORY DWELLING UNITS IN RESPONSE TO
RECENT STATE LAW CHANGES, A DETERMINATION THAT THE
AMENDMENTS ARE EXEMPT FROM THE CALIF ORNIA
ENVIRONMENTAL QUALITY ACT
STAFF RECOMMENDATION
It is recommended that Ordinance No. 1352 be adopted.
BACKGROUND
The attached O rdinance No. 1352 was introduced for first reading at the City Council meeting of September 25, 2023, without modification.
SUGGESTED CITY COUNCIL MOTION
I move to adopt Ordinance No. 1352.
__________________________________
Lucy Blanco
City Clerk
Prepared by: Lucy Blanco, City Clerk
INDEX Page
Ordinance No. 1352 ......................................................................... 2
AGENDA ITEM NO.
8A
O
RDINANCE NO. 1352
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY FOR CITY INITIATED MUNICIPAL CODE
AMENDMENT (Z-S-2023-0004), TO AMEND PORTIONS OF
TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE TO
ESTABLISH OBJECTIVE DESIGN STANDARDS FOR
DEVELOPING TWO -UNIT RESIDENTIAL
DEVELOPMENTS, AND TO ESTABLISH REGULATIONS
FOR SUBDIVIDING SINGLE -FAMILY RESIDENTIAL
PROPERTIES, IN RESPONSE TO STATE SENATE BILL 9
(SB 9); AND A DETERMINATION THAT THE
AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
W
HEREAS, O n September 16, 2021, Governor Gavin Newson signed State Senate Bill 9 (SB 9) that became effective on January 1, 2022, which requires ministerial approval of proposed housing developments containing two-dwelling units per parcel and the two -parcel subdivisions, with no more than two units per parcel, within single-family zones; and
W
HEREAS, on January 24, 2022, the City Council adopted Interim Ordinance No. 1335 effective through December 17, 2023, which includes interim objective design standards and regulations in response to SB 9; and W
HEREAS, in further response to SB 9 , the City studied and prepared permanent objective design standards and regulations (Z-S-2023-0004) to implement SB 9; and
WHEREAS, Z-S-2023-0004 will support the objectives and policies of the Housing Element of the City’s General Plan; and
W
HEREAS, on August 9, 2023, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of Z-S-2023-0004; and W
HEREAS, on September 25, 2023, the City Council held a duly noticed public hearing on the proposed ordinance, where they considered evidence and testimony presented; and
W
HEREAS, the proposed amendments are exempt from review under the California Environmental Quality Act (CEQA; California Code of Regulations Section 2100, et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) pursuant to Government Code Sections 65852.21(j) and 664111.7 (n) as ordinances intended to implement SB 9. In addition, the proposed amendments are exempt under CEQA Section 15061(b) (3) as the amendments are covered by the “common sense” exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
2 NOW
, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SE
CTION 1. The findings in the Planning Commission staff report for Z-S- 2023-0004 dated August 9, 2023, incorporated herein by reference, and the recitals set forth above are hereby adopted as findings.
SE
CTION 2. Various sections of Title 9 of the Simi Valley Municipal Code (SVMC) dealing with Development Code Amendment Z -S-2023-0004 are hereby amended, as specified in Exhibit A, attached hereto.
SE
CTION 3. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SE
CTION 4. Severability. If any provisi on of this ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this ordinance without the severed and voided part, and that the reminder of this ordinance shall remain in full force and effect.
SE
CTION 5. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 18th day of December 2023.
PASSED
and ADOPTED this 9th day of October 2023.
At
test:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Ap
proved as to Form: Approved as to Content:
Sonia A. Hehir, Sr. Assistant Brian Paul Gabler, City Manager City Attorney
Stratis Perros
Environmental Services Director
3 ORD. NO. 1352
SB 9CCmtg9-25-23(klk)
EXHIBIT A
Proposed Simi Valley Development Code Text Amendments (Z-S-2023-0004) Amendments to the following sections of Title 9 of the Simi Valley Municipal Code are shown below. New language and revised code sections are shown as underlined test, while deleted language is shown as strikethrough text
Part 1
SVMC – 9- 24.030 Resident ial and Open Space District Land Uses and Permit Requirements, Table 2- 2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts, is hereby amended to read as follows: (Note that only the sections that are being modified are shown).
Partial Table 2.2 Allowed Uses and Permit Requirements for Residential and Open Space Zoning Districts
TABLE 2 -2
Allowed Uses and Permit Requirements for
Residential and Open Space Zoning Districts
P Permitted Use (2)
CUP Conditional Use Permit required
HP Home Occupation Permit required
— Use not allowed
LAND USE(1) PERMIT REQUIRED BY DISTRICT Specific
Use
Regulations OS RE RVL RL RM RMod RH RVH MH
Two-Unit
Residential
Development
P P P P P P — — — 9-24.080
Part 2
SVMC –Section 9-24.080 – Two-Unit Residential Development is a new Development Code Section that describes the standards for residential development resulting from lot splits pursuant to “SB 9” as codified in Government Code Section 65852.21, and as follows:
9-24.080 Two-Unit Residential Development
A. Purpose and Intent. The intent and purpose of this Section is to provide development and objective standards for Two-Unit Residential Development, pursuant to California Government Code Sections 65852.21 and 66411.7, and subject to the standards as set forth in this ordinance.
B. Authority. Requests for a Two- Unit Residential Development that comply with the requirements of this section shall be approved by the Director with a Zoning Clearance.
C. Qualifying Two- Unit Residential Development. Qualifying Two-Unit Residential Development Development is as defined in Government Code Section 65852.21. The exceptions in this section apply only to Two-Unit Residential Development in the OS, 4 ORD. NO. 1352
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RE, RVL, RL, RM, RMod, and RPD zones, and any development on a parcel or subdivided parcel approved pursuant to SVMC Chapter 9-24.080, Urban Lot Split.
D. Prohibited Development. Two-Unit Residential Development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as further specified below:
1. Rental Units. Two-Unit Residential Development shall not include the demolition, substantial redevelopment, or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through the City’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
2. Prior Removal of Rental Units. Two-Unit Residential Development shall not occur on a parcel on which an owner of residential real property has exercised the owner’s right under California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
3. D emolition. No more than 25 percent of the exterior walls of the existing structure may be demolished unless the site has not been occupied by a tenant in the last 3 years.
4. Substantial Redevelopment. Two-Unit Residential Development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building in accordance with SVMC 9 -72.040(B)(1). Properties developed with Two- Unit Residential Development may expand the primary residence constructed prior to December 31, 2021, to a size that exceeds the allowed unit size with no maximum size restriction.
5. Very High Fire Hazard Areas . Two-Unit Residential Development shall not be permitted within the Very High Fire Hazard Zones, unless proposed buildings are designed to meet the high fire construction standards adopted or enforced by the City, as determined by the Building Official, the Ventura County Fire District, or the State Fire Marshall, including, but not limited to, any requirement for fire sprinklers.
No variance or modification to any Building or Fire Code requirements or high fire construction standards shall be permitted.
6. Restricted Areas. Two-Unit Residential Development shall not be permitted within the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and 5 ORD. NO. 1352
SB 9CCmtg9-25-23(klk)
Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, unless proper mitigations are approved by the Building Official, Environmental Services Director (Habitat Con nectivity and Wildlife Corridor), Public Works Director (100 year flood zone), or related agencies.
7. Historic Resources. Two-Unit Residential Development shall not be permitted on a property included on the State Historic Resources Inventory, on a parcel designated as a historic property, County Landmark , or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest or listed in the General Plan.
8. The City reserves the right to limit construction in locations where there is inadequate water or sewer services, impact on traffic flow, or public safety.
E. Number of Residential Units Allowed. A Two -Unit Residential Development is allowed a maximum of two primary residential units on one parcel. Units may be attached (duplex) or detached. Each primary residential unit is permitted one accessory dwelling unit (“ADU”) in accordance with 9-44.160. A maximum of four total residential units are permitted on a single parcel inclusive of accessory dwelling units.
When a property is subdivided using the Urban Lot Split, a maximum of two (2) dwelling units are allowed on each resulting parcel. Dwelling units include primary and accessory dwelling units. Each primary dwelling unit is not permitted to have an ADU and/or JADU and exceed the maximum of two dwelling units per lot.
F. Accessory Buildings Allowed. Residential accessory structures may be permitted concurrently or subsequent to a T wo-Unit Residential d evelopment, pursuant to 9-
30.080. The cumulative square footage of all structures shall not cover more than 40% of any required yard as defined in Section 9-80.020. Structures shall include all primary residences, accessory dwelling units, accessory buildings, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.
G. Rental Terms. Each unit may be rented separately, however , rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31- day period occupancy by the same tenant.
H. Property Ownership. Two-Unit Residential Development requires a property owner to occupy one unit as their primary residence for a minimum of three years from the date of the Certificate of Occupancy for the new primary dwelling unit. An affidavit form approved by the City must be completed and submitted with the zoning clearance application.
I. Access to a Public Street. Every main building shall face or have frontage upon a public street or have permanent means of access to a public street, using either a vehicle driveway or pedestrian pathway. Pedestrian pathways and driveways are limited to the minimum width required for access to each unit, garage, or required parking space.
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1. Vehicular Access. When new parking is proposed, vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials, and other standards consistent with SVMC Title 7, Chapter 1 Encroachments and Section 9-34 Parking and Loading Standards.
a. Landscape Buffer. Where feasible for existing site constraints, driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.
2. Pedestrian Access. When a parcel is not split under the provisions of this code, pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:
a. Minimum Width: Pedestrian pathways serving one or two units: 3 feet wide.
b. Maximum Length: Pedestrian pathways shall not be more than 200 feet in length.
c. Slope: Running grade shall not exceed five percent (5%) and cross slope shall not exceed 1:50.
d. Materials: Minimum 4-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.
e. Addressing: All addresses for residential parcels using a shared driveway must be displayed at their closest point of access to a public street for emergency responders.
J. Open Space. Each primary dwelling unit shall have a minimum size open space of 200 square feet designed as a continuous square, rectangle, or similar shape. Open space must be located outside the required setbacks. The cumulative square footage of all structures shall not cover more than forty percent (40%) of required yard as defined in Section 9 -80.020. Structures shall include all primary residences, accessory dwelling units, accessory structures, or other permitted structures. This section only applies when primary dwelling units are over 800 square feet in size.
K. Parking. One off -street automobile parking space, which shall be in an enclosed garage dimensioned pursuant to SVMC 9-34.080.D, is required for each unit in a Two- Unit Residential Development, except as exempted below.
1. Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new 7 ORD. NO. 1352
SB 9CCmtg9-25-23(klk)
unit, at least one replacement parking space, which shall be an enclosed garage , must be provided for each unit, unless the project is exempt from parking.
If the garage was converted to an ADU or JADU prior to Two- Unit Residential development, a new one car garage is required for each primary dwelling unit.
2. Shared Garages. Each primary dwelling unit must have its own individual single car garage. Garage dimensions must comply with SVMC Section 9- 34.080.D.
Multiple single car garages may be attached together.
3. Location. All parking must be on the same parcel as the residential unit served.
All driveways must meet the minimum dimensions, location, and development standards consistent with the California Fire Code, and SVMC Section 9-34.090.B Design Requirements. Minimum driveway width to the rear property shall be 9 feet wide.
4. Parking is not required. Parking is not required for a Two- Unit Residential Development when:
a. A property is located within ½ mile walking distance of either a high- quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car share vehicle located within one block of the parcel.
L. Hillside Performance Standards. Development proposed on parcels outside the Valley Floor will be limited to 800 square feet in size and must comply with SVMC Chapter 9-32 Hillside Performance Standards.
M. Building Permit Required. Two-Unit Residential Development shall comply with applicable state and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a Two-Unit Residential Development in compliance with state law and this section.
1. Basis for Denial . A two-unit housing development may be denied if the Building Official finds that the proposed development project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
2. A Zoning Clearance is required for each new primary dwelling unit.
N. Objective Development Standards. Except as otherwise specified in this section, Two-Unit Residential Development shall comply with the objective development standards applicable to a principle or primary residential use on a parcel for the housing type and base zone in which the parcel is located, as follows:
8 ORD. NO. 1352
SB 9CCmtg9-25-23(klk)
1. Exceptions. The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the parcel. If for any reason the development is not maintained on the parcel in conformance with this section, the parcel shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the parcel prior to the development of the Two- Unit Residential Development, including, but not limited to, the requirements for open yard, setbacks, and garage parking.
2. Waivers and Variances not Allowed. A Two-Unit Residential Development project may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard.
3. Maximum Unit Size. The maximum allowable floor area shall apply to each primary residential unit. The maximum unit size is as follows:
a. Parcels up to 5,000 square feet: 800 square feet maximum.
b. Parcels 5,001 to 8,000 square feet: 1,000 square feet maximum.
c. Parcels 8,001 to 20,000 square feet: 1,200 square feet maximum.
d. Parcels 20,001 square feet or greater: 2,000 square feet
If a property is subdivided using an Urban Lot Split, unit size shall be calculated based upon the new parcel area and not the original parcel area.
4. Setbacks. All structures in a Two Unit Residential Development shall comply with the setbacks as shown in SVMC 9-24.080 Table 3-2; with the following exceptions:
a. Flag Lots. Setbacks for flag lots shall be measured in accordance with SVMC Section, 9-30.080 (C)(5).
b. Architectural Features and Accessory Structures . Setbacks for architectural features and accessory structures shall comply with SVMC Section 9-30.080.D Table 3-2.
c. For all other setbacks refer to SVMC Chapter 9-24.
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Table 3-2 – Two Unit Development Standards
Development
Feature
Two Unit Residential Development Requirement by Zoning District RVL RL RM RMod-Single
Setbacks Minimum setbacks required. See Section 9 -30.080 for setback measurement, allowed projections into setbacks, and exceptions to setbacks.
Front (4) 20 ft
Sides (each) (5)(6)(8)
Interior
4 ft for 1-story structures; 4 ft for a 1-story element of a 2-story structure; 10 ft for a 2-story structure.
Streetside 4 ft for 1-story; 10 ft for 2-story.
Rear (8) 4 ft for a 1-story structure; 4 ft for a 1-story element of a 2 story structure; 20 ft for a 2- story structure.
Building
Separation
10 ft between single story primary structures; 20 ft between two story primary structures (either unit being two-story); 6 ft between a primary and accessory structure and between accessory structures.
Height limit Maximum allowed height of structures; see Section 9-30.060 for height measurement and exceptions to these height limits.
Primary
structure (9)
2 stories, not to exceed 30 ft
Accessory
structure (7)(9)
18 ft
Landscaping As required by Chapter 9-33 (Landscaping Standards).
Parking 1 parking space in a garage per primary dwelling unit
5. Architectural Review . All developments shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Environmental Services Director.
a. Building Design. Additions or new construction shall comply with the following:
(1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match or complement the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, etc.
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(2) If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes to complement the Planned Development or adjacent residences.
(3) Roofing material shall match the roof material of the original residence or if the property is vacant , then the roof material shall match the adjacent residences.
b. Materials and Colors. New roofing and siding materials that are shiny, mirror - like, or of a glossy metallic finish are prohibited. Materials and colors shall complement the building style.
c. Garage Conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing residence.
O. Urban Lot Split. An Urban Lot Split shall comply with the following standards.
1. An Urban Lot Split shall be ministerially approved if all of the following apply:
a. The parcel was not previously split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7.
b. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this section.
Property is not located within a Very High Fire Hazard Area, the Alquist Priolo Fault Zone, 100 year flood zone, the Habitat Connectivity and Wildlife Corridor, prime farmland or farmland of statewide importance, wetlands as defined by the United States Fish and Wildlife Service, or a hazardous waste site, The property is not included on the State Historic Resources Inventory, is not designated as a historic property, County Landmark , or Structure of Merit on the Ventura County Historical Landmarks and Points of Interest, or listed in the General Plan.
2. Map Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California Subdivision Map Act and SVMC Article 6 – Subdivisions (SVMC 9-60 through 9-68), except as modified by this Article.
3. Parcel Area Minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet. No parcel may be less than 40 percent of the original lot size.
4. Two Parcels Maximum. The Urban Lot Split may divide a lot of record to create no more than two new parcels.
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5. Parcel Dimensions. An Urban Lot Split is not subject to the minimum lot width requirements as set forth by the underlying zone.
6. Required setbacks. Existing structures must comply with required setbacks.
7. Owner Occupancy. An owner must occupy one unit as their primary residence for a minimum of three years from recordation of the Parcel Map, if a dwelling unit exists on the lot at the time of recordation; or for a minimum of three years from the issuance of a certificate of occupancy of the first newly constructed dwelling unit on either lot of the Parcel Map if no unit existed at time of recordation.
8. Hillside Performance Standards. Urban Lot Splits proposed on properties that are located on slopes 20 percent or greater are subject to the SVMC Chapter 9-32.
9. Off-site improvements. The City shall not impose regulations that require dedications of right -of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split.
10. Application. For all lots subdividing using this code section an application for a Tentative Parcel Map shall be submitted in accordance with SVMC Chapter 9- 61 Tentative Map Filing and Processing
Part 3
SVMC – 9-80.020 – The Definition of Specialized Terms and Phases is hereby amended to read as follows: (Note that only the section that is being modified is shown.)
9-80.020 - Definitions of Specialized Terms and Phrases
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.
A. Definitions, “A”
Acting in Concert: A person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, action on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
B. Definitions, “T”
Two-Unit Residential Development: No more than two primary residential units located on a single lot which are developed using the provisions of this ordinance or the provisions set forth in California Government Code Sections 65852.21 and/or 66411.7. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings.
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C. Definitions, "U."
Unit: See Dwelling Unit
Urban Lot Split: Subdivision of an existing parcel into no more than two separate parcels that meet all the standards of this code and the provisions set forth in California Government Code Section 66411.7 and 66452.6.
Part 4
SVMC – 9-60.050 – Advisory Agency is hereby amended to read as follows:
9-60.050 Advisory Agency
Table 6-1 identifies the Advisory Agency for each type of subdivision and other decision required by this Article, and the roles of each Advisory Agency and other review authority in the application review process. In all cases, the Advisory Agency shall have the authority and responsibility to make all required findings and approve, conditionally approve, or disapprove the matters assigned to them in compliance with this Article and the Map Act, with rights of appeal assigned as noted in Table 6-1. Only the items modified or added are shown on Table 6-1 below:
TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS
Type of
Subdivision
Application or
Decision
Advisory
Agency
Role of Advisory Agency and Review Authority(1)
Planning
Director
City
Engineer
Planning
Commission
City
Council
Urban Lot Split
(Ministerial)
Director Decision Recommend N/A N/A
Part 5
SVMC 9-72.070 – Allowed Alterations and/or Additions to Nonconforming Structures shall be revised as follows:
A. Elimination of nonconformity. The work shall be allowed in order to render the use or structure in conformity with this Development Code;
B. Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Development Code;
C. Increase in area. New additions or alterations shall not increase existing nonconformities and shall be in compliance with the existing Development Code requirements;
O. Additional uses. Additional uses may be allowed on the sit e of a nonconforming use only in the case of a multi -tenant structure or site; where the nonconforming use is first discontinued and any replacement use complies with the applicable current Development Code provisions in effect for the subject zoning district; or the use is a 13 ORD. NO. 1352
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single-family residence (except for properties developed as a Two- Unit Residential Development) and the addition or expansion of use or structure is consistent with the uses and structures of a single-family residence and traditional accessory structures and uses such as room additions, sheds, patio structures, and pools
D. Two-Unit Residential Development. Properties developed with a Two-Unit Residential Development may expand the original primary residence to a size that exceeds the allowed unit size with no maximum size restriction, if the primary residence was constructed prior to December 31, 2021.
14 ORD. NO. 1352