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HomeMy WebLinkAboutPC Reso 22-3159RESOLUTION NO. 22-3159 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE TEXT AMENDMENT (PLN -22-0004), THEREBY AMENDING SECTIONS OF CHAPTER 3 AND CHAPTER 9 OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING URBAN LOT SPLITS AND TWO -UNIT PROJECTS WITHIN SINGLE-FAMILY RESIDENTIAL (R-1) ZONES. THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. In 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 ("SB -9") which, among other things, adds Section 65852.21 and 66411.7 to the Government Code enacting new limits on local authority to regulate urban lot splits and two -unit projects, and; B. SB -9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two -unit projects, and; C. SB -9 took effect January 1, 2022, and preempts any conflicting city ordinance, and; D. The City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects governed by SB -9, and E. On January 6, 2022, notice of the pending zone text amendment was published in the Downey Patriot as a'/8th page ad in accordance with the requirements of the Downey Municipal Code; and, F. The Planning Commission held a duly noticed public hearing on January 19, 2022, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted this resolution. SECTION 2. Under California Government Code sections 65852.21, subd. Q), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21, which is California's SB 9 Law and which regulates 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 the State's SB 9 Law. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in Resolution No. 22-3159 Downey Planning Commission State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi- family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction 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, in a residential zone. Moreover, the Planning Commission finds that none of the "exceptions" to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the Planning Commission finds that the ordinance will: (1) Not result in a potentially significant cumulative impact in that the residential zones were planned to accommodate low density residential development. The proposed standards seek to comply with new state legislature to allow increased low-density housing and establishes parameters to prevent impacts that would result from higher density development; (2) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances in that the implementation of the development standards will result in residential development within residentially zoned properties and the proposed standards are intended to preserve the characteristics and activity within single family residential zones; (3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway in that there are no designated scenic highways within the City of Downey; (4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code. The proposed standards are applicable to single family residential zones only and, no single family residentially zoned properties are listed as a hazardous waste site; or (5) Not result in a substantial adverse change in the significance of a historical resource in that the proposed standards prohibit the demolition or alteration of historically designated properties. Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The appropriate development of the community, and its neighborhoods, is achieved through the provision of adequate development standards as the needs of the community and legislature evolve. This amendment is prepared in response to new state legislation which has the potential to significantly alter the character of all single-family neighborhoods throughout the Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 2 Resolution No. 22-3159 Downey Planning Commission City by increasing density with little regulation. The objective development standards within the proposed Ordinance introduce development standards and apply design guidelines intended to promote quality design, while simultaneously complying with the strict provisions of Senate Bill 9 (SB 9). Future development under SB 9 will be subject to the proposed development standards and design guidelines, as well as the required review process, to ensure that any potential effects in public health, safety, and general welfare will be mitigated as much as possible. B. The proposed amendment is in general conformance with the General Plan. The project is in conformance with all applicable objectives, policies, and programs specified in the City's General Plan. Specifically, the project primarily affects the Single Family Residential (R-1) zones and the General Plan Designation areas of Low Density Residential. The land use designation of "Low Density Residential", as described in the General Plan, calls for stable residential neighborhoods with high- quality of character. A contributing factor to the stability of neighborhoods is cohesion amongst homes in the neighborhood. The previous statements summarize the intent of the development standards incorporated into the proposed Ordinance. In addition, the following are policies promoted by the proposed Zone Text Amendment: Policy 1.3.2. — Monitor and address changes in land use trends. Program 1.3.2.2. Adjust the codes, policies, and regulations in response to changes in land use trends. In compliance with this policy, City staff has prepared an Ordinance with proposed development standards to reflect compliance with new land use legislation recently put into effect by the state. The provisions within the proposed Ordinance seek compliance with state regulations while seeking to implement objective standards for the preservation of single family residences to the greatest extent possible. Policy 1.4.1. Promote Neighborhood Identity. Program 1.4.1.5. Provide public information on ways residents and property owners can improve their neighborhoods. Goal 1.4 — Protect and enhance the residential neighborhoods. Policy 1.4.2. Promote residential construction that complements existing neighborhoods. Program 1.4.2.1. Discourage residential construction not in harmony with the surrounding neighborhood. Program 1.4.2.2. Adopt standards to address the appropriate relationship between building size and lot size, such as maximum floor area ratio. Program 1.4.2.3. Promote building designs with second story additions to address scale, bulk and massing. Program 1.4.2.5. Discourage the removal of trees and other vegetation. Senate Bill 9 provides for increased density by permitting the subdivision of single- family residential properties to a minimum size of 1,200 square feet; far less than the existing minimum lot size of 5,000 sq. ft. This bill also allows reduced rear and side setbacks to 4 feet instead of the 10% of the lot width when necessary to allow two units on a single lot. The unregulated application of these standards has the Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 3 Resolution No. 22-3159 Downey Planning Commission potential to significantly alter the character of all single-family neighborhoods. The bill does allow local jurisdictions to apply objective standards as long as the standards do not prevent urban lot splits or the development of two units on a lot. The proposed standards are incorporated to protect the character of these neighborhoods to the greatest extent possible. Goal 8.1. Promote quality design for new, expanded, and remodeled construction. Policy 8.1.1 Promote architectural design of the highest quality. Program 8.1.1.1. Discourage construction with architectural design of poor quality. Program 8.1.1.2. Assist home owners and builders by providing design guidelines to illustrate good design. The proposed development standards are intended to meet this objective by providing objective standards for residential development constructed under provisions of Senate Bill 9. The proposed development standards will require new development to utilize existing design guidelines applicable to all R-1 zoned properties and establishes building articulation and privacy requirements to be incorporated into new residential developments. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Chapter 3 and Chapter 9 of Article IX of the Downey Municipal Code subject to the draft Ordinance included hereto as "Attachment A." SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of January, 2022. Migu uart , hairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 19th day of January, 2022, by the following vote, to wit: AYES: COMMISSIONERS: Owens, Ortiz, Montoya, Uva and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary C vanagh, Secre City Planning Commission Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 4 Resolution No. 22-3159 Downey Planning Commission ATTACHMENT A ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 9965 TO CHAPTER 9 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND AMENDING SECTION 9312.08 OF CHAPTER 3 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE RELATING TO TWO UNIT PROJECTS IN THE R-1 ZONE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA WHEREAS, the City of Downey, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 ("SB -9") which, among other things, adds Section 65852.21 and 66411.7 to the Government Code enacting 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 appropriately regulate projects governed by SB -9, and; WHEREAS, the approval of urban lot splits and two -unit projects based solely on the default statutory standards, without local regulations governing lot size, 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; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 19, 2022, where, after consideration of all facts and testimony presented at said hearing, voted to recommend to City Council, and; WHEREAS, on January 27, 2022 a notice of pending Zone Text Amendment was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code, and; WHEREAS, the City Council held a duly noticed public hearing on February 8, 2022, and considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing,and; WHEREAS, on February 22, 2022, a second reading of this Ordinance was held before the City Council and the City Council voted to the proposed Zone Text Amendment. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 5 Resolution No. 22-3159 Downey Planning Commission NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY 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, subd. Q), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21, which is California's SB 9 Law and which regulates 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 the State's SB 9 Law. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi- family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction 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, in a residential zone. Moreover, the City Council finds that none of the "exceptions" to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will: (1) Not result in a potentially significant cumulative impact in that the residential zones were planned to accommodate low density residential development. The proposed standards seek to comply with new state legislature to allow increased low-density housing and establishes parameters to prevent impacts that would result from higher density development; (2) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances in that the implementation of the development standards will result in residential development within residentially zoned properties and the proposed standards are intended to preserve the characteristics and activity within single family residential zones; (3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway in that there are no designated scenic highways within the City of Downey; Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 6 Resolution No. 22-3159 Downey Planning Commission (4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code. The proposed standards are applicable to single family residential zones only and, no single family residentially zoned properties are listed as a hazardous waste site; or (5) Not result in a substantial adverse change in the significance of a historical resource in that the proposed standards prohibit the demolition or alteration of historically designated properties. Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project. SECTION 3. Section 9965 is hereby added to Chapter 9 of Article IX of the Downey Municipal Code, and shall read as follows: SECTION 9965. Urban Lot Splits al Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. SECTION 9965.1. Definitions. 1) "Urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. 2) "Unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. SECTION 9965.2. Application. a) Owners. 1) 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 Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). 2) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project. b) An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. c) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 7 Resolution No. 22-3159 Downey Planning Commission council may establish and change the fee by resolution. The fee must be paid with the application. SECTION 9965.3. Approval. al An application for a parcel map for an urban lot split is approved or denied ministerially, by the planning director, without discretionary review. b) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. 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 parcel map expires three months after 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. SECTION 9965.4. Requirements. An urban lot split must satisfy each of the following requirements: I Map Act Compliance. 1) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA") and implementing requirements in this code, except as otherwise expressly provided in this section. 2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement: (i) 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. (ii) The city has all the remedies available to it under the SMA, including but not limited to the following: (1) An action to enjoin any attempt to sell, lease, or finance the property. (11) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (III) 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. (IV) Record a notice of violation. (V) Withhold any or all future permits and approvals. 3) 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 Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 8 Resolution No. 22-3159 Downey Planning Commission b) Zone. The lot to be split is in a subzone of the single-family residential zone (R-1). c) Lot Location. 1) The lot to be split is not located on a site that is any of the following: (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland. (iii) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100 -year flood hazard area, unless the site has either: (1) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (vii) Within a regulatory floodway, unless all development on the site has received a no -rise certification. (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species. (x) Land under conservation easement. 2) The purpose of subpart 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).) 3) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied. d) 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. e) No Prior Urban Lot Split. 1) The lot to be split was not established through a prior urban lot split. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 9 Resolution No. 22-3159 Downey Planning Commission 2) 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. "Any person acting in concert with the owner" here includes any third -party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits. :D No Impact on Protected Housing. 1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing: (i) Housing that is income -restricted for households of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (iii) 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. (iv) Housing that has been occupied by a tenant in the last three years. 2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart f)1) above is satisfied. (i) The sworn statement must state that: (1) No housing that is income -restricted for households of moderate, low, or very low income will be demolished or altered. (11) No housing that is subject to any form of rent or price control will be demolished or altered. (III) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered. (IV) No housing that has been occupied by a tenant in the last three years will be demolished or altered. (ii) 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. g� Lot Size. 1) The lot to be split must be at least 2,400 square feet. 2) The resulting lots must each be at least 1,200 square feet. 3) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 10 Resolution No. 22-3159 Downey Planning Commission h) Easements. 1) 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. 2) Each easement must be shown on the tentative parcel map. 3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart b) above. 4) If an easement is recorded 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. 1 Lot Access. 1) Each resulting lot must adjoin the public right of way. 2) Each resulting lot must have frontage on the public right of way of at least 12.5 feet. Jl Unit Standards. 1) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section YY.YYY of this code, an ADU, or a JADU 2) Unit Size. (i) The total floor area of each primary dwelling that is developed on a resulting lot must be (1) less than or equal to 800 and (11) more than 500 square feet. (ii) 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. (iii) 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 800 square feet after the urban lot split. 3) Height Restrictions. (i) 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. (ii) On a resulting lot that is smaller than 2,000 square feet, 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 Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 11 Resolution No. 22-3159 Downey Planning Commission new primary dwelling 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. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. 4) Lot Coverage. A maximum lot coverage of 45% is permitted. 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. 5) Open Space. Open space in the amount of 300 sq. ft. per unit shall be provided with a minimum dimension of 10 ft. The required open space shall be one consecutive area and shall not include setbacks. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. 6) Setbacks. (i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (ii) Exceptions. Notwithstanding subpart j)6)(i) above: (1) 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. (II) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must 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 four feet from a side or rear property line. (iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback areas must: (1) be kept free from all structures greater than three feet high; (11) be fully landscaped, except approved walkways and driveways, with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; (III) allow for vehicular and fire -safety access to the front structure. 7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space, within a garage, per unit unless one of the following applies: Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 12 Resolution No. 22-3159 Downey Planning Commission (i) The lot is located within one-half mile walking distance of either (1) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (11) a site that contains (ia) an existing rail or bus rapid transit station, (ib) a ferry terminal served by either a bus or rail transit service, or (ic) 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. (ii) The site is located within one block of a car -share vehicle location. 8) Architecture. (i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) 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 dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) All residential development within an R-1 zone is subject to the objective architectural guidelines provided in Chapter 3 of this Municipal Code. The objective design guidelines checklist must be utilized in the design and any new residential development in the R-1 zones. (iv) All exterior lighting must be limited to down -lights. (v) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (vi) 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 right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. 9) Landscaping. (i) Tree Removal. (1) No mature tree may be removed on a lot with any development under this chapter unless removal is Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 13 Resolution No. 22-3159 Downey Planning Commission necessary to constructing a dwelling unit that must be allowed under state law. (II) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller. (III) A tree may only be removed under subparagraph j)9)(i)(I) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree. (IV) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph j)9)(i)(III) above, owner may pay the replacement cost of the tree, as determined by the city's tree -replacement cost schedule. (ii) 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 -inch box size plant shall be provided for every ten linear feet of exterior wall. (II) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. (III) All landscaping must be drought -tolerant. (IV) All landscaping must be from the city's approved plant list. 10) Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected. 11) Utilities. (i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (ii) Notwithstanding paragraph j)11)(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is 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. All utilities must be underground. 12) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 14 Resolution No. 22-3159 Downey Planning Commission k) Fire -Hazard Mitigation Measures. 1) A lot in a very high fire hazard severity zone must comply with each of the following fire -hazard mitigation measures: (i) 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 must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) 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. (v) 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. 2) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire -hazard mitigation measures in accordance with this subpart k). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application. 1 Separate Conveyance. 1) Within a resulting lot. (i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (iv) No timeshare, as defined by state law or this code, is permitted. This includes any co -ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. 2) Between resulting lots. Separate conveyance of the resulting lots 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 must record appropriate CC&Rs, easements, or other Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 15 Resolution No. 22-3159 Downey Planning Commission documentation that is necessary to allocate rights and responsibility between the owners of the two lots. m) Regulation of Uses. 1) Residential -only. No non-residential use is permitted on any lot created by urban lot split. 2) No STRs. 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. 3) Owner Occupancy. The applicant for an urban lot split must 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 three years after the urban lot split is approved. n) Notice of Construction. 1) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, 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: (i) Notice that construction has been authorized, (ii) The anticipated start and end dates for construction, (iii) The hours of construction, (iv) Contact information for the project manager (for construction - related complaints), and (v) Contact information for the Building & Safety Department. 2) 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. 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. o) Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following: 1) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. 2) Expressly prohibits any non-residential use of the lots created by the urban lot split. 3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. 4) States that: (i) The lot 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. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 16 Resolution No. 22-3159 Downey Planning Commission (ii) Development on the lot is limited to development of residential units under sections 9965 and 9312.08 of this code, except as required by state law. 2) Specific Adverse Impacts. a) Notwithstanding anything else in this section, the city 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. b) "Specific adverse impact" has the same meaning as in Gov. 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). c) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. SECTION 4. Section 9312 of Chapter 3 of Article IX of the Downey Municipal Code is hereby amended and shall read as follows: SECTION 9312.06. RESIDENTIAL ZONES USE REGULATIONS. Table 9.3.2. Residential Zones Use Regulations Use Residential (all lol R-2 R-3 R-3-0 Notes and Exceptions Accessory dwelling units P P P P Subject to Section 9414 Apartments NP P P NP Condominiums NP P P P Conversion of buildings to multiple ownership NP NP C C Subject to Section 9510 Duplex dwellings NP P P P Site Plan Review is required for R- 3 and R-3-0 Family day care home, child large (9-14) P P P P small (8 or fewer) P P P P Home occupations P P P P Subject to Section 9408 Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 17 Resolution No. 22-3159 Downey Planning Commission Junior accessory dwelling units Mobile homes/manufactured home parks NP NP �_N_P NP C I NP P NP C NP P C C Multi -family dwellings Prefabricated housing Rooming house P P P P Requires Site Plan Review subject to Section 9820 NP C NP Residential care facility large (7-14) C C C C small (6 or fewer) P P P P Senior citizen housing development NP P NP NP P P Subject to Section 9418 Single-family dwellings (detached) Single resident occupancy Pa NP Pa Pa Detached single-family dwellings only C NP Subject to Section 9430.06 Special events P P P P Subject to Section 9420 Townhomes NP P P P Transitional/supportive housing Two -Unit Proiect P PNP P P P Subject to Section 9430.06 NP NP Subkect to Section 9312.08(c) Section 9312.08(c) Two -unit Projects 1) Purpose. The purpose of this section is to allow and appropriately regulate two -unit projects in accordance with Government Code section 65852.21. 2) 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 in accordance with the requirements of this section. 3) Application. a) Owners. 1) Only individual property owners may apply for a two -unit project. "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 Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 18 Resolution No. 22-3159 Downey Planning Commission 2) corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15). 3) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project. b) An application for a two -unit project must be submitted on the city's approved form. c) The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application. d) Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. e) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application. 4) Approval. a) An application for a two -unit project is approved or denied ministerially, by the planning director, without discretionary review. b) The ministerial approval of a two -unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements. cl 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. d) 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. 5) Requirements. A two -unit project must satisfy each of the following requirements: al Map Act Compliance. The lot must have been legally subdivided. b) Zone. The lot is in a single-family residential zone c) Lot Location. 1) The lot is not located on a site that is any of the following: (i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland. (iii) Within a very high fire hazard severity zone, unless the site complies with all fire -hazard mitigation measures required by existing building standards. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 19 Resolution No. 22-3159 Downey Planning Commission (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100 -year flood hazard area, unless the site has either: (1) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (11) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (vii) Within a regulatory floodway, unless all development on the site has received a no -rise certification. (viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species. (x) Land under conservation easement. 2) The purpose of subpart 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).) 3) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied. d) 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. e) No Impact on Protected Housing. 1) The two -unit project must not require or include the demolition or alteration of any of the following types of housing: (i) Housing that is income -restricted for households of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (iii) 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. (iv) Housing that has been occupied by a tenant in the last three years. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 20 Resolution No. 22-3159 Downey Planning Commission 2) As part of the two -unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart 5)e)1) above is satisfied. (i) The sworn statement must state that: (1) No housing that is income -restricted for households of moderate, low, or very low income will be demolished or altered. (11) No housing that is subject to any form of rent or price control will be demolished or altered. (III) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered. (IV) No housing that has been occupied by a tenant in the last three years will be demolished or altered. (ii) 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. f1 Unit Standards. 1) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU. (ii) 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. 2) Unit Size. (i) The total floor area of each primary dwelling built that is developed under this section must be (1) less than or equal to 800 and (11) more than 500 square feet. (ii) A primary dwelling 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. (iii) A primary dwelling 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. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 21 Resolution No. 22-3159 Downey Planning Commission 3) Height Restrictions. (i) On a 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. (ii) On a lot that is smaller than 2,000 square feet, 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 that exceeds one story must be stepped back by an additional five feet from the ground floor exterior walls; no balcony deck or other portion of the second story may project into the stepback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two -unit project. 4) Demo Cap. The two -unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. 5) Lot Coverage. A maximum lot coverage of 45% is permitted. 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. 6) Open Space. Each unit shall be provided with 300 sf of useable open space; with a minimum side of 10 ft. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. 7) Setbacks. (i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (ii) Exceptions. Notwithstanding subpart 5)07) above: (1) 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. (II) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must 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 four feet from a side or rear property line. (iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must: (1) be kept free from all structures greater than three feet high; Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 22 Resolution No. 22-3159 Downey Planning Commission (II) be landscaped with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; (III) allow for vehicular and fire -safety access to the front structure. 8) Parking. Each new primary dwelling unit must have at least one enclosed off-street parking space, within a garage, per unit unless one of the following applies: (i) The lot is located within one-half mile walking distance of either (1) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (II) a site that contains (ia) an existing rail or bus rapid transit station, (ib) a ferry terminal served by either a bus or rail transit service, or (ic) 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. (ii) The site is located within one block of a car -share vehicle location. 9) Architecture. (i) If there is a legal primary dwelling on the lot that was established before the two -unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) 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 must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) All new residential development is subject to compliance with objective R-1 design standards within this chapter. All new residential development is subject to the guideline and objective architecture checklist. (iv) All exterior lighting must be limited to down -lights. (v) 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. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (vi) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 23 Resolution No. 22-3159 Downey Planning Commission bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. 10) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows: (i) 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. (ii) 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. (iii) All landscaping must be drought -tolerant. (iv) All landscaping must be from the city's approved plant list. 11) Tree Preservation. In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove mature trees on site. A mature tree is defined as trees with a diameter -at -breast -height (DBH)_ of 19 -inches or greater. A removal includes moving a tree or removing more than one-third of a tree's vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree. 12) Nonconforming Conditions. A two -unit project may only be approved if all nonconforming zoning conditions are corrected. 13) Utilities. (i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (ii) Notwithstanding paragraph 5)f)13)(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is 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. All utilities must be underground 14) 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. 15) LEED Platinum Certification. The property owner must demonstrate that the property has achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 24 Resolution No. 22-3159 Downey Planning Commission 16) Exceptions to Objective Standards. Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units. (i) Lot Coverage (ii) Floor Area Ratio (iii) Open Space (iv) Tree Preservation (v) Articulation (vi) Second Floor Stepback M Fire -Hazard Mitigation Measures. 1) A lot in a very high fire hazard severity zone must comply with each of the following fire -hazard mitigation measures: (i) 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 must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) 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. (v) 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. 2) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire -hazard mitigation measures in accordance with this subpart 5)g). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application. h) Separate Conveyance. 1) Primary dwelling units on the lot may not be owned or conveyed separately from each other. 2) Condominium airspace divisions and common interest developments are not permitted within the lot. 3) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 25 Resolution No. 22-3159 Downey Planning Commission (i) No timeshare, as defined by state law or this code, is permitted. This includes any co -ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. 1 Regulation of Uses. 1) Residential -only. No non-residential use is permitted on the lot. 2) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days. 3) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two -unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile. jJ Notice of Construction. 1) 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: (i) Notice that construction has been authorized, (ii) The anticipated start and end dates for construction, (iii) The hours of construction, (iv) Contact information for the project manager (for construction - related complaints), and (v) Contact information for the Building & Safety Department. 2) 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. 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. k) Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following: 1) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. 2) Expressly prohibits any non-residential use of the lot. 3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. 4) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile. (i) Property owner must provide for an inspection by City officials every six months for the first three years to ensure the property Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 26 Resolution No. 22-3159 Downey Planning Commission owner is living onsite. The property owner must pay the special inspection fee as set forth in the City's fee resolution. 5) Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law. 6) Specific Adverse Impacts. aZ Notwithstanding anything else in this section, the city 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 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. b) "Specific adverse impact" has the same meaning as in Gov. 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). cc) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. 7) Remedies. If a two -unit project violates any part of this code or any other legal requirement: al The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract. b) The city may: 1) Bring an action to enjoin any attempt to sell, lease, or finance the property. 2) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. 3) 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. 4) Record a notice of violation. 5) Withhold any or all future permits and approvals. 6) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code. SECTION 5. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 27 Resolution No. 22-3159 Downey Planning Commission SECTION 6. The City Council hereby directs staff to prepare, execute, and file with the Los Angeles County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Downey, California at a regular meeting of the City Council on this 81h day of Febraury, 2022. BLANCA PACHECO, Mayor ATTEST: MARIA ALICIA DUARTE, CMC City Clerk I HEREBY CERTIFY that the foregoing Ordinance No. was presented at a public hearing at a regular meeting of the City Council held on the 8th day of February, 2022, and adopted at a regular meeting of the City Council of the City of Downey held on the 22nd day of February, 2022, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on , 2022 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. MARIA ALICIA DUARTE, CMC City Clerk Zone Text Amendment (Urban Lot Splits & Two -Unit Projects) - PLN -22-0004 January 19, 2022 - Page 28