The purpose of this chapter is to mandate the use of objective zoning standards for two-unit housing developments within single-family residential zones, including single-family subareas of Planned Development districts, to implement the provisions of state law as reflected in Government Code Section 65852.21, and to facilitate the development of new residential dwelling units in a manner compatible with existing single-family residential uses and ensure sound standards of public health and safety.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
A. 
For purposes of this chapter, "flag lot" means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the applicable regulations of the zoning ordinance for site width. The length of the corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line.
B. 
For purposes of this chapter, "primary dwelling unit" means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.
C. 
"Sufficient for separate conveyance" means that each two-unit housing development unit is constructed in a manner adequate to allow for the transfer of title, ownership, rights, and interests in the property, from one entity to another.
D. 
For purposes of this chapter, "two-unit housing development" means two primary dwelling units on a single parcel.
E. 
For purposes of this chapter, "urban lot split" means a subdivision of an existing parcel into no more than two separate parcels of approximately equal size and meeting all the criteria and standards set forth in this chapter.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
A. 
When not located on a site subject to an approved or proposed urban lot split, the maximum number of units allowed are:
1. 
A maximum of two primary dwelling units per parcel meeting the requirements of this chapter, and
2. 
Either one accessory dwelling unit or junior accessory dwelling unit per primary dwelling unit meeting the requirements of this chapter is permitted, for a total of up to four units on the subject property.
B. 
When located on a site subject to an approved or proposed urban lot split, a maximum of two primary dwelling units meeting the requirements of this chapter are permitted per resulting parcel, for a total of two units on each of the two resulting parcels. Should a resulting parcel include only one primary dwelling unit, either one accessory dwelling unit or junior accessory dwelling unit meeting the requirements of Section 17.100.005 is permitted. No more than two dwelling units of any kind will be permitted on a parcel created through the approval of an urban lot split.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
A. 
The community development director shall be responsible for determining whether a two-unit housing development meets the requirements for ministerial approval under this section. The city shall ministerially review without a hearing an application for a two-unit housing development, as specified in state law. The proposed two-unit housing development shall meet all of the following requirements:
1. 
The two-unit housing development shall not be located on a site that is any of the following, as identified in Government Code Section 65913.4(a)(6)(B)-(K), as may be amended from time to time:
a. 
Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. 
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. 
Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph 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.
d. 
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.
e. 
Within 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 (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
f. 
Within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent 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, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. 
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
ii. 
The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. 
Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, 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 a development proponent 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, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
h. 
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
i. 
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).
j. 
Lands under conservation easement.
2. 
The two-unit housing development shall not require the demolition or alteration of:
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 through a public entity's valid exercise of its police power.
c. 
Housing that has been occupied by a tenant in the last three years, as determined by the city based on city records or information requested by the city from the applicant.
If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).
3. 
The two-unit housing development shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within fifteen years before the date that the applicant submits an application.
4. 
The two-unit housing development shall not require the demolition of more than twenty-five percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
5. 
The two-unit housing development shall not be located within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
6. 
The two-unit housing development shall be located in a single-family residential zone or a single-family subarea of a planned development district, as applicable.
7. 
The two-unit housing development shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
a. 
The application of such standards shall be modified if the standards would have the effect of physically precluding the construction of two units of at least eight hundred square feet each. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of eight hundred square feet each on each parcel.
b. 
Notwithstanding subsection (7)(a) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created building or a building constructed in the same location and to the same dimensions as an existing legally created structure.
8. 
One parking space shall be required per dwelling unit, except that the city shall not require any parking where:
a. 
The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in 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 designated parking area for one or more car-share vehicles within one block of the parcel.
9. 
Two-unit housing developments may be used for residential uses only and may not be used for rentals of less than thirty days.
B. 
Unless the building official makes a written finding, based upon a preponderance of the evidence, that the proposed two-unit housing development would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), 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, the community development director shall ministerially approve the application for a two-unit housing development, provided:
1. 
The requirements set forth in subsection A above have been fulfilled;
2. 
The required filing fee has been paid to the city;
3. 
The documentation required in Section 17.797.005 has been provided to the city; and
4. 
The two-unit housing development fulfills all applicable standards set out in Appendix 'A' to the city of Brentwood Residential Design Guidelines, unless those standards would physically preclude two units of at least eight hundred square feet each.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
The following information shall be provided for two-unit housing developments:
A. 
Plot plan, drawn to scale, showing the dimensions of the lot on which the dwelling units will be located; the location and dimensioned setbacks of all existing and proposed structures on the site; any existing trees proposed to be removed; all existing and proposed easements; building envelopes; location of existing and proposed utilities; and number and dimensions of parking spaces and curb cuts for the project site.
B. 
Floor plans of each structure, existing and proposed, with each room dimensioned and the resulting gross floor area calculated.
C. 
Elevation drawings of existing and proposed elevations, showing all relevant details for the proposed construction, including, but not limited to, dimensions, materials and colors, and any other special characteristics of the project.
D. 
If demolition of any existing building is proposed, a demolition plan showing:
1. 
The linear feet of existing exterior structural walls to be demolished;
2. 
The total linear feet of exterior structural walls;
3. 
A calculation indicating existing structural walls to be demolished as a percentage of total existing exterior structural walls;
4. 
The area to be demolished (including square footage);
5. 
A calculation indicating the square footage of the area to be demolished as a percentage of total existing square footage; and
6. 
Information necessary to determine compliance with replacement housing provisions of Government Code Section 66300(d), including incomes of any tenants occupying the dwelling unit in the past five years.
E. 
A table detailing the lot size; existing dwelling unit square footage (with and without garage), if applicable; square footage of each proposed primary dwelling unit; and square footage of each proposed accessory dwelling unit or junior accessory dwelling unit, if applicable.
F. 
A declaration on a form provided by the city and signed by the property owner with a qualified notary as witness, indicating whether or not the existing dwelling unit on the property has been occupied by a tenant in the last three years (last five years if the unit is to be demolished).
G. 
The legal owner or owners shall reside in one of the dwelling units as their principal residence.
H. 
An affidavit stating that the owner intends to record a covenant prohibiting non-residential uses of any housing development units, including a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days.
I. 
For units connected to an onsite wastewater treatment system, the owner must provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years.
J. 
Other materials as required on the city's application form.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)