The following standards and criteria shall apply to all proposed residential units permitted under this article. Notwithstanding these requirements, all residential lots zoned for single-family use shall be permitted to construct up to two dwelling units which are at least, but no more than, 800 square feet in floor area. For purposes of this section, any existing dwelling including any accessory dwelling unit or junior accessory dwelling unit, shall count towards the two dwelling unit maximum.
A. Setbacks. All SB 9 housing developments shall maintain the front yard setback for the applicable zoning district in which the lot is located. However, SB 9 housing developments shall maintain a minimum four foot setback on the side and rear yards. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
Whenever a side yard or rear yard abuts a street, a minimum setback of 10 feet shall be required on the street side yard and the setback for the zone shall apply to the rear street-side lot line.
B. Parking. A minimum of one covered parking space shall be required for each SB 9 housing development. Notwithstanding this parking requirement, the City shall not impose parking standards for an SB 9 housing development in any of the following instances:
1. The parcel on which the SB 9 housing development is located is within one-half mile walking distance of either a high-quality transit corridor or a major transit stop.
2. When there is a car share vehicle located within one block of the parcel on which the SB 9 housing development is located.
C. Building Separation, Landscaping and Lot Coverage Requirements. Unless otherwise specified in this article, an SB 9 housing development shall comply with the building separation, landscaping and lot coverage standards of the applicable zoning district in which the lot is located.
The building lot coverage limitation shall include all structures, including the main residence, any SB 9 housing development, any accessory dwelling unit, garages, etc. The totality of the structure(s) on the lot shall not exceed the allowable building lot coverage specified in the zone in which the SB 9 housing development is proposed.
D. Short Term Rentals Prohibited. SB 9 housing developments shall not be rented or leased for less than 30-consecutive days. Furthermore, a Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance building permits of the SB 9 housing development stating that any dwelling constructed upon property subject to the SB 9 housing development shall not be rented for less than 30 days and that the deed restriction runs with the land with the provision that this will be enforced against future owners of the property.
E. Mobile Homes/Recreational Vehicles. SB 9 housing developments shall not be a mobile home or recreational vehicle.
F. Exterior Design. The design of the SB 9 housing development, including, but not limited to, building form, materials, exterior finishes, color scheme, and landscaping shall be compatible with the primary dwelling (if one exists) and with the surrounding neighborhood to the greatest extent feasible.
G. Exterior Entrances. There shall not be more than one exterior entrance per unit on the front or on any street side of the SB 9 housing development.
H. Maximum Height/Stories. All SB 9 housing developments shall be subject to a height limitation of 16 feet and shall be limited to one story.
I. Unless otherwise specified by the provisions of this chapter or State law, SB 9 housing developments shall be required to comply with all provisions of the underlying zoning designation and all regulations required for a primary single-family dwelling unit, including, but not limited to, all applicable building and construction requirements.
J. The owner of the property shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the lot split. Furthermore, a Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of building permits for any SB 9 housing development stating that the applicant shall occupy one of the dwelling units constructed upon a parcel created by an SB 9 housing development for a period of three years from the date of approval of the SB 9 housing development as his or her primary residence and that the deed restriction runs with the land with the provision that this will be enforced against future owners of the property for a period of three years from the date of approval.
K. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on a lot which contains two SB 9 housing development units.
L. No SB 9 housing development shall be established on any lot which has an existing development constructed upon it, which is nonconforming with respect to the City's current use or development standards without obtaining a Design Review pursuant to Article 2 of Chapter
18.36 of this title.
M. The City shall review each SB 9 Housing Development Application for any other issues related to adequacy of water or sewer services, and/or the impact of the proposed development on traffic flow, or public safety. In the event that the City identifies a potential issue with respect to adequate water/sewer, traffic flow, or public safety, the City may deny the application and/or require the applicant to submit a Design Review pursuant to Article 2 of Chapter
18.36 of this title.
N. Additional Requirements.
1. All SB 9 housing developments shall be constructed upon a permanent foundation.
2. SB 9 housing developments shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including, but not limited to, washer dryer hookups and kitchen facilities.
3. All SB 9 housing developments must have separate utility connections and separate utility meters.
4. Each SB 9 housing development unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.
5. All SB 9 housing developments must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 15 of the City of Yorba Linda Municipal Code.
6. Solar panels shall be required for any SB 9 housing development to an extent sufficient to meet the electrical load demand of each unit wherever feasible.
7. No roof decks or balconies shall be constructed above or upon an SB 9 housing development.
8. In the event that the property upon which the SB 9 housing development is proposed is located within a Homeowners Association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the SB 9 housing development concurrent with their SB 9 housing development permit application.
(Ord. 2021-1088 § 4; Ord. 2022-1089 § 6)