It is the purpose of this chapter to implement Section 65852.21
of the Government Code pertaining to the development of dual residential
units on single-family lots.
(Ord. 3189-22 § 1)
The development of dual urban opportunity (DUO) housing is allowed
only on lots meeting all of the following criteria.
(a)
The lot is located in R-0, R-1, R-1.5, R-1.7/PD, or R-2 zoning districts,
or residential DSP zoning districts.
(b)
The lot does not contain more than one existing dwelling unit, with
or without accessory dwelling units.
(c)
The lot is not located within a designated heritage resource, heritage resource district, local landmark or local landmark 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 pursuant to Chapter 19.96 of this code.
(d)
The lot is not a hazardous waste site that is listed pursuant to
Government Code Section 65962.5 or a hazardous waste site designated
by the Department of Toxic Substances Control pursuant to Health and
Safety Code Section 25356, 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.
(Ord. 3189-22 § 1)
(a)
The development of DUO housing is not allowed if the development
would:
(1)
Demolish or alter any existing dwelling unit on the lot that has
been occupied by a tenant in the last three years prior to the date
of application; or
(2)
Demolish any existing dwelling unit that is subject to affordability
restrictions under a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low,
or very low income.
(b)
Except as provided in (a) above, an existing dwelling unit may be
demolished or altered for purposes of developing DUO housing on the
lot.
(c)
For purposes of this section, "alter" means physically changing the
number or arrangement of rooms or the supporting members of a building
or structure, or changing the relative position of buildings or structures
on a site. "Alter" does not include reconstruction, replacement, or
renewal of any part of an existing building or structure for the purpose
of maintenance, to repair damage, or to keep the premises in a good,
safe, healthy and sanitary condition.
(Ord. 3189-22 § 1)
The following requirements apply to the development of DUO housing.
(a)
Lot splits. If the applicant proposes development of lots created
through an urban lot split, the following requirements apply to each
of the newly created parcels:
(1)
Each lot must be at least one thousand two hundred square feet in
size and at least forty percent of the lot area of the original parcel.
(2)
Each parcel must adjoin the public right-of-way or have access to
the right-of-way. The access must not be less than ten feet wide at
any point.
(3)
Exclusive of any access to the right-of-way as required in this section,
each parcel has a width or depth measurement of at least forty feet.
(b)
(c)
Maximum Floor Area.
(1)
The maximum allowed floor area ratio for a lot developed under these
regulations is forty-five percent or three thousand six hundred square
feet, whichever is less.
(2)
If at least three of the following findings are met, the maximum
allowed floor area ratio for a lot developed under these regulations
may be increased to fifty percent or four thousand square feet, whichever
is less.
(A)
The site is adjacent to a parcel zoned for a higher density residential
land use or is zoned for mixed-use, commercial, or industrial development.
(C)
No second story structures are proposed within twenty feet of the
rear property line.
(D)
The lot is adjacent to a development that exceeds forty-five percent
floor area ratio.
(E)
The DUO units are attached.
(d)
Setbacks.
(1)
Minimum four-foot side and rear-yard setbacks are required; however,
setbacks of less than four feet are allowed for an existing permitted
structure or for a DUO unit that is constructed in the same location
and to the same dimensions as an existing permitted structure.
(2)
In any two-story residential development, the front yard setback
for the second story shall be not less than twenty-five feet.
(e)
Building Standards. All applicable requirements of Title 16 (Buildings
and Construction) shall be satisfied.
(f)
Building Separation. Dwelling units may be adjacent or connected
provided that the structures meet building code safety standards,
including standards sufficient to allow separate conveyance.
(g)
Entrances. Each dwelling unit shall have independent exterior access.
Interior connections are permitted between a DUO unit and an accessory
dwelling unit, but not between two DUO units.
(h)
Utility Connections. Each DUO unit shall have a separate utility
connection and separate electrical panel.
(i)
Parking.
(1)
One covered off-street parking space is required for each DUO dwelling
unit unless exempt as provided in this section.
(2)
If off-street parking is required or proposed, all parking spaces (covered and uncovered) must meet the minimum requirements of Section 19.46.050.
(3)
Exemption. Off-street parking spaces are not required if the parcel
is either:
(A)
Less than one-half mile walking distance from either a high-quality
transit corridor as defined in Public Resources Code 21155(b) or a
major transit stop as defined in Public Resources Code 21064.3; or
(B)
Less than one block from a car share vehicle.
(j)
Front Yard Paving. No more than fifty percent of the required front
yard shall be paved with asphalt, concrete cement, or any other impervious
surface.
(k)
Other Requirements. All other applicable objective zoning requirements
in Title 19 shall be satisfied, including, but not limited to, lot
coverage, required rear yard maximum lot coverage, floor area ratio,
open space, vision triangles, and design review, as long as those
requirements permit construction of at least one DUO unit on the lot
that is at least eight hundred square feet gross floor area in size,
with at least four-foot side and rear setbacks, and which complies
with all other applicable development standards.
(Ord. 3189-22 § 1)
The following objective design standards shall be applied ministerially.
(a)
Architectural Style.
(1)
All residential structures on the lot must have the same architectural
style and must comply with any adopted design guidelines applicable
to the site.
(2)
Front wall façades longer than thirty feet shall provide a
three-foot change in plane every thirty feet.
(3)
At least one of the entrances, excluding garages, to a DUO unit shall
be visible from a public street adjoining the lot.
(4)
Second to first floor ratio shall not exceed thirty-five percent.
(5)
Roof pitches of both DUO units on a single lot must be no more than
4:12 in slope or, if a new DUO unit is added to a lot with an existing
residential structure, the roof line of the new structure must be
the same slope as the existing structure.
(6)
Balconies and decks that are more than two feet above grade must
maintain a distance of at least ten feet from side property lines
and twenty feet from rear property lines when adjacent to residential
properties.
(b)
Height and Massing.
(1)
The maximum height for the rear twenty feet of a property is seventeen
feet.
(2)
The maximum plate height is nine feet on the first floor and eight
feet on the second floor.
(3)
A crawl space must not exceed two feet in height unless additional
height is required by the chief building official.
(4)
Basements may not project more than two feet above finished grade.
(c)
Frontage.
(1)
The front setback must contain a landscaped area that has at least
fifty percent landscaping.
(2)
If a garage is proposed for a project, the width of the garage shall
not exceed fifty percent of the building frontage.
(3)
One fifteen-gallon or larger tree is required to be planted in the
front yard of each lot.
(4)
No more than one driveway is permitted per DUO unit.
(d)
Privacy. Second-floor windows of a residential building facing a
side property line must be high sill and opaque, with the bottom sill
at least five feet from the finished floor height of the second floor,
unless no other location is available for required egress as determined
by the building official.
(Ord. 3189-22 § 1)
(a)
Prior to issuance of a building permit, the applicant shall provide
evidence that the owner has recorded a covenant on the title of the
lot which provides that the dwelling units on the lot shall not be
used as short-term rentals.
(b)
DUO units on a single lot may be separately leased, but legal title
to the DUO units shall not be sold or conveyed separately unless the
project is developed as, or converted to, a common interest development.
(c)
Accessory dwelling units on the lot shall not be sold or conveyed
separately from a DUO unit except as permitted by Government Code
Section 65852.26.
(Ord. 3189-22 § 1)
(a)
A miscellaneous plan permit is required for dual urban opportunity
dwelling units allowed under this chapter.
(b)
The director shall ministerially approve a miscellaneous plan permit
for dual urban opportunity dwelling units that meet the objective
development and design requirements.
(c)
An application that meets all objective development and design requirements
may be denied if the building official makes a written finding that
the project would have a specific, adverse impact upon public health
and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
For purposes of this section, a "specific, adverse impact" means 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.
(Ord. 3189-22 § 1)
This Chapter 19.78 shall become inoperative on the date that Government Code Section 65852.21 is repealed by legislative action, voter initiative or referendum.
(Ord. 3189-22 § 1)
