A. 
Purpose. The purpose of this chapter is to appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7.
B. 
Applicability. The standards and limitations set forth in this chapter shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of this code. In the event of a conflict between the provisions of this chapter and any other provision of this Code, the provisions of this chapter shall prevail.
C. 
Definitions. As used in this chapter, the following terms shall have the following meanings:
1. 
The terms ADU and JADU shall have the meanings ascribed to these terms in Chapter 9.54.
2. 
The term "Director" means the City of Garden Grove Director of Community and Economic Development, or his or her designee.
3. 
The term "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, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).
4. 
The term "new primary dwelling unit" means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded, but does not include an ADU or a JADU.
5. 
The term "single-family residential zone" shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the R-1 (Single-Family Residential) zoning district and any property within a planned unit development district or a specific plan area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiplefamily dwelling is not a permitted or conditionally permitted use.
6. 
The term "SB 9 two-unit residential development" shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this chapter. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.
7. 
The term "urban lot split" shall have the same meaning as stated in California Government Code Section 66411.7.
D. 
Interpretation. The provisions of this chapter shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this chapter to the extent prohibited by any provision of state law.
(2929 § 3, 2022)
A. 
Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
B. 
Review. Consistent with state law, the Director will consider and approve or disapprove a complete application for an SB 9 two-unit residential development or an urban lot split ministerially, without discretionary review or public hearing.
C. 
Nonconforming Conditions. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.
D. 
Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until the city has confirmed that all required documents have been recorded.
E. 
Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees and/or consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter.
F. 
Specific, Adverse Impacts. Notwithstanding anything else in this section, the Director may deny an application for an SB 9 two-unit residential development or a parcel map 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, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, 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.
(2929 § 3, 2022)
A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this chapter. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met. The city may conduct its own inquires and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the Director in his or her reasonable discretion.
A. 
The subject property shall be located within a single-family residential zone.
B. 
The proposed development shall not be located on any site identified in subparagraphs B to K, inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.
C. 
The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.
D. 
The proposed development shall not require the demolition or alteration of 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.
E. 
The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.
F. 
The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.
G. 
If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three years, the proposed development shall not involve the demolition of more than 25% of the existing exterior structural walls of any housing unit on the lot.
H. 
The subject property shall be owned solely by one or more individual property owners.
I. 
In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.
J. 
In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
K. 
No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.
(2929 § 3, 2022)
A lot on which an urban lot split or SB 9 two-unit residential development is proposed must be located within a single-family residential zone. A lot located within a multiple-family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development pursuant to this chapter.
(2929 § 3, 2022)
A. 
Notwithstanding any other provisions of this Code, state law requires the City to permit a lot located within a single-family residential zone to contain two primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this chapter.
B. 
Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through an SB 9 two-unit residential development in conformance with this chapter does not preclude the development or maintenance of one or more ADUs and/or JADUs on the lot to the extent permitted by Chapter 9.54 and state law.
C. 
No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs.
(2929 § 3, 2022)
A. 
Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.
B. 
Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two lots share a driveway pursuant to Section 9.56.100(Q)(2) of this chapter, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two lots ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the city will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code.
C. 
Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.
(2929 § 3, 2022)
No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 twounit residential development.
(2929 § 3, 2022)
The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.
(2929 § 3, 2022)
If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300.
(2929 § 3, 2022)
A. 
Development Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this section. In addition, except as modified or provided by this section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this title and/or in an applicable specific plan or planned unit development ordinance or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by the city, the Garden Grove Sanitary District, and the Orange County Fire Authority.
B. 
Unit Size.
1. 
Minimum Size. Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided:
a. 
Studio/one bedroom: 500 square feet.
b. 
More than one bedroom: 700 square feet.
2. 
Maximum Size.
a. 
The total floor area of each new primary dwelling unit developed as part of an SB 9 two-unit residential development or on a lot created through an urban lot split shall not exceed 800 square feet.
b. 
A primary dwelling that was legally established on the lot prior to the submittal of a complete application for an SB 9 two-unit development or an urban lot split and has a total floor area of 800 square feet shall be limited to its current lawful floor area and may not be expanded.
c. 
A primary dwelling that was legally established prior to the submittal of a complete application for an urban lot split or an SB 9 two-unit residential development and that is smaller than 800 square feet may be expanded to 800 square feet.
C. 
Unit Height; Stories. Each new primary dwelling unit shall be one story, constructed at ground level, and should not be more than 17 feet in height measured from ground level to the highest point on the roof.
D. 
Setbacks.
1. 
New Primary Dwelling Units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Detached garages and accessory structures shall comply with the setbacks contained in subsection (D)(2). The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions.
a. 
Front setback: 20 feet.
b. 
Interior side setback: five feet.
c. 
Street side setback: 10 feet
d. 
Rear setback: 15 feet.
2. 
Detached Garages and Accessory Structures. The following minimum setbacks from the property lines shall be observed for detached garages and accessory structures on a lot.
a. 
Front setback: 20 feet.
b. 
Interior side setback: five feet.
c. 
Street side setback: 10 feet.
d. 
Rear setback: five feet.
3. 
Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.
4. 
Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:
a. 
No increased setback is required for an existing legally established structure or for a new primary dwelling unit that is constructed in the same dimensions as an existing legally established structure, provided that the new primary dwelling unit shall not be greater than 800 square feet.
b. 
A required minimum setback may be reduced pursuant to subsection W of this section to the degree it would (i) physically preclude the development or maintenance of two dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 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.
c. 
Permitted Intrusions. The following permitted intrusion may project into any required setback a maximum of two feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and architectural projections with no floor area, including, but not limited to, windows and pilasters.
E. 
Building Separation. Except as otherwise allowed by state law, a minimum building separation of six feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.
F. 
Lot Coverage. The maximum lot coverage shall not exceed 50%. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas.
G. 
Maximum Front Setback Coverage. No more than 50% of the front setback area may contain hardscape, excluding the allowed standard driveway in the front yard.
H. 
Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private recreation area of 225 square feet with minimum interior dimensions of 10 feet. The private recreation area shall be open and unobstructed from the ground to the sky. The private recreation area may be located within the interior side, street side, or rear setback areas.
I. 
Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. Each development shall comply with the landscaping and irrigation requirements contained in Chapter 9.08 of Title 9.
J. 
Perimeter Block Walls. Each development shall provide a masonry perimeter wall with a minimum height of six feet, as measured from the highest point of the finished grade next to the wall, and shall comply with the following stipulations:
1. 
All perimeter walls shall comply with the requirements as contained in Section 9.08.040.110, Wall, Fences and Hedges.
2. 
New walls shall not exceed a height of seven feet as measured from the finished point of grade next to the wall. At no time shall the overall height of the wall, as measured from adjacent neighbor's finished grade, exceed eight feet in height.
3. 
Walls located within the front yard areas, or adjacent to driveways shall not exceed 36 inches in height.
4. 
Perimeter walls located along any side street shall maintain a minimum setback of three feet from the property line for landscaping purposes.
5. 
All walls shall be designed to ensure proper vision clearance for cars entering or leaving the driveway and parking areas. No wall or fence shall cause an exceedance of the applicable site distance standards set forth in City of Garden Grove Traffic Engineering Policy TE 13 or in any revised or updated standard or policy promulgated by the city.
6. 
The property owner shall work with the adjoining property owners in designing and constructing the perimeter block walls to avoid the use of double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.
7. 
Street facing perimeter block walls shall be decorative and utilize stucco finish, slump stone or split-face block and shall include trailing vines and other landscaping to deter graffiti.
K. 
Off-Street Parking.
1. 
Required Parking. One off-street parking space must be provided for each new primary dwelling unit unless one of the following applies:
a. 
The lot is located within one-half mile walking distance of either: (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code; or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code.
b. 
The lot is located within one block of a car-share vehicle location.
2. 
Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.
3. 
Required parking for new primary dwelling units may be provided within an enclosed garage or as open spaces on the lot, but not as tandem parking. Open spaces may be located within the side or rear setbacks, and in the front setback for driveways that are not shared by more than one housing unit.
4. 
All required parking spaces provided shall be a minimum of nine feet wide and 19 feet in depth and shall comply with the size requirements for full size stalls set forth in Standard B-311 of the Standard Plans and Specifications adopted by the City. Parking spaces adjacent and parallel to walls shall be a minimum of 11 feet wide.
5. 
Any proposed enclosed garage shall meet the following standards:
a. 
Each enclosed garage shall maintain the following minimum interior parking clearance based on the number of cars it is designed to hold. No storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washers and dryers, shall encroach into the required parking area.
Number of Cars
Minimum Interior Parking Area
1
10 feet x 20 feet
2
20 feet x 20 feet
b. 
The garage shall be equipped with an automatic roll-up garage door opener.
c. 
Each garage shall maintain the ability to park the required number of vehicles at all times.
L. 
Unit Design Standards.
1. 
If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional 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.
2. 
If two new primary dwelling units 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.
3. 
All exterior lighting must be limited to down-lights.
4. 
Each new primary dwelling unit shall have a main entry that is clearly defined, and to the extent possible, be oriented directly toward the street(s) in order to provide consistency with the neighborhood. The main entry shall be covered, with a minimum depth of three feet. Each covered entry shall be in proportion with the building and shall incorporate architectural features that are used in the overall building design. All doors shall have standard door locks and dead bolts.
M. 
Storage Facilities. Each new primary dwelling unit shall provide a minimum 144 cubic feet of private secure storage space. Normal closets and cupboard space located within the unit shall not count toward meeting the requirement.
N. 
Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area.
O. 
Water Heaters. Each new primary dwelling unit shall have a separate hot water. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters provided all building codes are complied with.
P. 
Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from either on or off the property. All ground mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.
Q. 
Access and Circulation.
1. 
Each development shall be designed to provide adequate on-site vehicular access, circulation, back-up, and turn-around areas that comply with all the applicable city standards.
2. 
Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is less than 81 feet, all units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway.
3. 
Driveways shall maintain a minimum width of 20 feet, unless a wider width is required for emergency access.
4. 
Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Orange County Fire Authority must confirm that all applicable fire and emergency access requirements are met before the city will approve an application.
R. 
Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non-recyclable solid waste ("trash containers") as required by the Garden Grove Sanitary District, and shall comply with the following:
1. 
Trash containers shall be stored within designated storage areas only and not within the garage parking area.
2. 
The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, is subject to the Garden Grove Sanitary District requirements.
3. 
The area required for each container shall be a minimum of 38 inches by 38 inches.
4. 
The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street.
S. 
Utilities.
1. 
Each primary dwelling unit on a lot must have its own direct utility connection to the utility/public service provider.
2. 
All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner/applicant. The city may condition approval of an application under this section upon the applicant providing evidence that such easements have been agreed to and/or recorded.
3. 
Submitted plans shall show the location and dimension of all proposed above-ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.
T. 
Building and Safety. All structures built on the lot must comply with all current local building standards.
U. 
Drainage and Stormwater Management. Each lot shall drain to the street or to an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to city-maintained storm drains within the City right-of-way shall comply with applicable City standards. SB 9 two-unit residential developments and the development of lots created through an urban lot split are subject to Chapter 6.40 of this Code ("Stormwater Quality") and must comply with all applicable related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.
V. 
Address Identification. Each residential unit shall have a separate address and shall be provided with approved address identification that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with City standards shall be used to identify the unit. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.
W. 
Exceptions to Objective Standards.
1. 
Any objective zoning, subdivision, or design standard that would have the effect of physically precluding the construction of up to two primary residential units on a lot or that would physically preclude each new unit from being 800 square feet in floor area shall be modified or waived to the extent necessary to allow the development of two primary residential units on a lot pursuant to this chapter that are each 800 square feet in floor area. The city prioritizes some objective development standards over others, as provided in subsection (W)(2) below. In applying the exceptions required by this subsection, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two 800 square foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied.
2. 
Priority of Development Standards. The City prioritizes the following development standards in the following descending order of priority, with the first development standard listed having the highest priority:
a. 
Height; Stories.
b. 
Front setback.
c. 
Maximum front setback hardscape coverage (50%).
d. 
Open space (225 square feet).
e. 
Minimum unit size.
f. 
Side or rear setback (a minimum of four feet must be maintained).
g. 
Lot coverage (50%).
h. 
Building separation (minimum separation required by Building Code must be maintained).
3. 
This subsection shall not be interpreted to permit the construction of new garages or accessory structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two 800 square foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures.
4. 
Building standards, standards required by federal, state or local law or for sanitation or safety reasons, the off-site parking requirements in subsection K of this section, and the lot size, access, and frontage requirements set forth in Section 9.56.110 will not be waived or modified unless otherwise required by state law.
5. 
As part of its application, the applicant shall provide a written explanation that: (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent; (b) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area; and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.
(2929 § 3, 2022)
A. 
An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in this Code, except as otherwise provided in this chapter. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.
B. 
Lot Size. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40% of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet.
C. 
Easements.
1. 
The owner must enter into an easement agreement with each utility/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 and the final 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 parcel map may be approved.
D. 
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 25 feet.
E. 
Improvements Required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City's approval of such related improvement plans and all related entitlements or other approvals required by this Code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this Code.
F. 
Required Affidavit. The applicant for a parcel map for an urban lot split must sign an affidavit provided by the City 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 final parcel map for the urban lot split is approved.
(2929 § 3, 2022)
Development of a lot pursuant to this chapter must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Orange County Fire Authority intended to ensure sufficient emergency access is provided or maintained. Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide the City with written confirmation from the Orange County Fire Authority that the proposed development complies with all such requirements.
(2929 § 3, 2022)
Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and/or acceptable to the Director, and that does each of the following:
A. 
Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.
B. 
Expressly prohibits any non-residential use of the lot.
C. 
Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.
D. 
Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.
E. 
Expressly prohibits condominium airspace divisions and common interest developments on the property.
F. 
States that the property was formed and/or developed pursuant to the provisions of this chapter and is therefore subject to the City regulations set forth in this chapter, including all applicable limits on dwelling size and development.
G. 
Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.
H. 
States: (1) that the deed restriction is for the benefit of and is enforceable by the City; (2) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (3) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (4) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (5) that the deed restriction may not be modified or terminated without the prior written consent of the Director.
(2929 § 3, 2022)
Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City.
(2929 § 3, 2022)
The Director is authorized to promulgate objective standard conditions implementing this section, which are consistent with this code and state law, that shall apply to the application and development of two-unit developments and urban lot splits, and to publish such standard conditions on the City's internet website. Applicants must comply with all standard conditions duly promulgated by the Director and published on the City's internet website.
(2929 § 3, 2022)
The approval of an SB 9 two-unit residential development shall become null and void if construction is not commenced within one year of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.
(2929 § 3, 2022)