(a)
For purposes of this chapter, the following definition shall apply:
(1)
“Housing development” shall mean no more than two (2)
residential units within a single-family zone that meets the requirements
of this section. The two (2) units may consist of two (2) new units
or one (1) new unit and one (1) existing unit.
(b)
The city shall ministerially approve a housing development containing
no more than two (2) residential units if it meets the following requirements:
(1)
The parcel is located within a single-family residential zone.
(2)
The parcel is located at least partially in an urbanized area or
urban cluster as designated by the United States Census Bureau.
(3)
The parcel is not located in any of the following areas and does
not fall within any of the following categories:
(A)
A historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the Public Resources Code,
or within a site that is designated or listed as a city landmark or
historic property or district pursuant to a city ordinance.
(B)
Prime farmland or farmland of statewide importance as further defined
in Government Code Section 65913.4(a)(6)(B).
(C)
Wetlands as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
(D)
A very high fire hazard severity zone as further defined in Government
Code Section 65913.4(a)(6)(D). This does not apply to sites excluded
from the specified hazard zones by a local agency, pursuant to subdivision
(b) of Section 51179, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation
measures applicable to the development.
(E)
A hazardous waste site that is listed pursuant to Section 65962.5
or a hazardous waste site designated by the Department of Toxic Substances
Control pursuant to Section 25356 of the Health and Safety Code, unless
the State Department of Public Health, State Water Resources Control
Board, or Department of Toxic Substances Control has cleared the site
for residential use or residential mixed uses.
(F)
A delineated earthquake fault zone as determined by the state geologist
in any official maps published by the state geologist, unless the
development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission
under the California Building Standards Law and by the city’s
building department.
(G)
A special flood hazard area subject to inundation by the one (1)
percent annual chance flood (one hundred (100) year flood) as determined
by the Federal Emergency Management Agency (FEMA) in any official
maps published by FEMA. If an applicant is able to satisfy all applicable
federal qualifying criteria in order to provide that the site satisfies
this subparagraph and is otherwise eligible for streamlined approval
under this section, the city shall not deny the application on the
basis that the applicant did not comply with any additional permit
requirement, standard, or action adopted by the city that is applicable
to that site. A development may be located on a site described in
this subparagraph if either of the following is met:
(i)
The site has been subject to a letter of map revision prepared
by FEMA and issued to the city; or
(ii)
The site meets FEMA requirements necessary to meet minimum flood
plain management criteria of the National Flood Insurance Program
as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(H)
A regulatory floodway as determined by FEMA in any of its official
maps, published by FEMA unless the development has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of
the Code of Federal Regulations. If an applicant is able to satisfy
all applicable federal qualifying criteria in order to provide that
the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, the city shall not deny the
application on the basis that the applicant did not comply with any
additional permit requirement, standard, or action adopted by the
city that is applicable to that site.
(I)
Lands identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan as further spelled out in Government Code
Section 65913.4(a)(6)(I).
(J)
Habitat for protected species identified as candidate, sensitive,
or species of special status by state or federal agencies, fully protected
species, or species protected by the Federal Endangered Species Act
of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code).
(K)
Lands under a conservation easement.
(4)
The proposed housing development would not require demolition or
alteration of any of the following types of housing:
(A)
Housing that is subject to a recorded covenant, ordinance or law
that restricts rents to levels affordable to persons and families
of moderate, low, or very low income;
(B)
Housing that is subject to any form of rent or price control by the
city;
(C)
A parcel or parcels on which an owner of residential real property
exercised rights under Government Code Section 7060 et seq. to withdraw
accommodations from rent or lease within fifteen (15) years before
the date of the application; or
(D)
Housing that has been occupied by a tenant in the last three (3)
years.
(5)
Demolition of an existing unit shall not exceed more than twenty-five
(25) percent of the existing exterior structural walls unless the
site has not been occupied by a tenant in the last three (3) years.
(c)
Standards and Requirements. The following requirements shall apply
in addition to all other objective standards pertaining to the single-family
residential zone or applicable single-family residential specific
plan land use designation, unless they conflict with state law:
(1)
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.
(2)
Except for those circumstances described in section (C)(1) above,
for units eight hundred (800) square feet or less, the setback for
side and rear lot lines shall be four feet. For units eight hundred
and one (801) square feet and larger, the side and rear set back shall
be the same as set forth in the applicable single-family residential
zone or applicable specific plan designation. The front setback shall
be as set forth in the single-family residential zone or applicable
single family residential specific plan designation.
(3)
The applicant shall provide easements for the provision of public
services and facilities as required.
(4)
All lots shall have a minimum street frontage of ten feet to provide
for vehicular access and shall comply with driveway requirements of
Title 23.
(5)
Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with state law or this chapter, in which case state law and this chapter shall prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
(A)
The parcel is located within one-half mile walking distance of either
a high-quality transit corridor as defined by Public Resources Code
Section 21155(b) or a major transit stop as defined in Public Resources
Code Section 21064.3; or
(B)
There is a car share vehicle located within one block of the parcel.
(6)
For residential units connected to an onsite wastewater treatment
system (septic tank), the applicant provides a percolation test completed
within the last five (5) years, or if the percolation test has been
recertified, within the last ten (10) years, which shows that the
system meets acceptable infiltration rates.
(7)
The front setback shall be twenty (20) feet on a lot that fronts
on a street.
(8)
The height of the structure shall be same as set forth in the single-family
zone or applicable specific plan designation. However, any unit within
the four feet rear set back shall be limited to one story. If the
second structure meets the rear set back requirements of the single-family
zone or applicable single-family residential specific plan land use
designation, the height may be the same as required in said zone or
land use designation, however, any second story must be stepped back
a minimum of five (5) feet from the first-floor wall plane. Decks
and balconies are prohibited.
(9)
Lot coverage shall be the same as set forth in the single-family
residential zone or applicable single-family residential specific
plan land use designation, so long as it does not prevent the construction
of two (2) eight hundred (800) square foot units.
(11)
Each resulting property must adjoin the public right of way or have
vehicular access to the public right of way through a fee interest
or perpetual access easement.
(12)
Driveway locations are subject to public works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section 23.04.010 of this code.
(13)
Properties must have an approved route for firefighter access and
hose pull to all existing or potential structures within one hundred
fifty (150) feet of the fire apparatus. All properties shall comply
with all fire protection requirements set forth in the California
Fire Code and Title 18 of this code.
(14)
Each resulting lot (properties) must have dedicated wet (water, sewer,
storm drain) and dry (gas and electric) utilities which shall meet
the following standards:
(A)
Location and size shall be determined in accordance with city
standards.
(B)
Water shall include domestic, irrigation, and fire water systems.
(C)
Property shall be responsible to install new or upsized connections
to city facilities in accordance with City standards.
(D)
Unused connections shall be abandoned per city standard.
(15)
Water heaters (excluding tank less) and laundry facilities (washer
and dryer) may not be located on the exterior of a dwelling unit.
Tank less water heaters, when installed on the exterior of structure
may only be installed on the first floor, must not be installed on
any street facing elevation, and must not be installed on the same
elevation as the entrance to the dwelling.
(16)
HVAC units must not be installed on any street facing elevation,
and must not be installed on the same elevation as the entrance to
the dwelling.
(17)
The total floor area of each primary dwelling unit built pursuant
to this section may be less than eight hundred (800) square feet and
also consistent with the minimum standards required by state law (generally
two hundred twenty (220) square foot minimum). A primary dwelling
unit that was legally established on the subject site prior to the
two (2) unit project that is smaller than eight hundred (800) square
feet may be expanded to eight hundred (800) square feet or larger
after or as part of the two (2) unit project pursuant to the development
standards enforced in this chapter. A primary dwelling unit that was
previously legally established on the subject site that is larger
than eight hundred (800) square feet is limited to the lawful floor
area at the time of the two (2) unit project approval and may not
be expanded.
(18)
In addition to complying with the single family residential zone
landscape provisions of this code, all developments shall plant mature
landscaping consisting of (but not limited to) a minimum size thirty-six
(36) inch box trees, fifteen (15) gal shrubs, or a combination of
both.
(19)
All development shall comply with the single family residential zone
open space provisions of this code, to the extent that is does not
prevent two (2) primary dwelling units on the subject property of
eight hundred (800) square feet each.
(d)
The city shall not:
(1)
Impose any objective zoning, subdivision, or design review standards
that would have the effect of physically precluding the construction
of two (2) units on either of the resulting parcels or that would
result in a unit size of less than eight hundred (800) square feet.
(2)
Deny an application solely because it proposes adjacent or connected
structures provided that that all building code safety standards are
met and they are sufficient to allow a separate conveyance.
(e)
An applicant for an urban lot split shall be required to sign an
affidavit in a form approved by the city attorney to be recorded against
the property stating the following:
(1)
That the uses shall be limited to residential uses.
(2)
That the rental of any unit created pursuant to this section shall
be for a minimum of thirty-one (31) days.
(3)
For an urban lot split, that the parcel is formed by an urban lot
split and is subject to the city’s urban lot split regulations,
including all applicable limits on dwelling size and development.
(f)
The city may deny the housing development if the building official
makes a written finding, based upon a preponderance of the evidence,
that the proposed housing development project would have a specific,
adverse impact, as defined and determined in Government Code Section
65589.5(d)(2), upon the public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate
or avoid the specific, adverse impact.
(g)
Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
(Ord. O-2022-01 § 2, 2022; Ord. O-2022-07 § 5, 2022)
Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to Municipal Code Section 22.80.021 (Urban lot split requirements), then an ADU or JADU is allowed if, after construction, there would be no more than two (2) housing units on the lot, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, ADU provisions, or JADU provisions.
(Ord. O-2022-01 § 2, 2022; Ord. O-2022-07 § 5, 2022)
