On condition that Government Code Sections 65852.21 or 66411.7 are not repealed, qualifying two-unit residential development in the A-1, A-2, E-1, E-3, and R-1 zones shall be located, developed, and used in compliance with the requirements of this chapter.
(Ord. 6048 §1, 2021)
Qualifying two-unit residential developments are as defined in Government Code Section 65852.21 and as follows:
A. 
Affordable housing. Allowable residential densities must conform to the underlying land use density for the lot, and may only be increased for specific affordable housing projects as outlined in the policies of the City's Coastal Land Use Plan. Therefore, at least one of the units in a two-unit residential development must include an affordability restriction consistent with the City's density bonus program.
B. 
One-family residence zones. The reductions and exceptions in this section apply only to two-unit residential development in the One-Family Residence zones and any development on a lot approved pursuant to Chapter 27.60, Parcel Maps for Urban Lot Splits.
(Ord. 6048 §1, 2021)
Two-unit residential development as described in this chapter shall be prohibited in the following locations and circumstances, pursuant to State law and as further specified below:
A. 
Coastal resources. No two-unit residential development shall be permitted in a location that would conflict with the coastal resource protection policies of the City's Coastal Land Use Plan.
B. 
Historic resources. Two-unit residential development shall not be permitted on a lot located within property included on the State Historic Resources Inventory, or on a lot within a City Landmark District or Historic District Overlay Zone as designated in Chapter 30.57 of this Code, or on a lot with a designated City Landmark or Structure of Merit.
C. 
Rental units. Two-unit residential development shall not include the demolition, substantial redevelopment, or alteration of any of the following types of housing:
1. 
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.
2. 
Housing that has been occupied by a tenant in the last three years.
D. 
Substantial redevelopment. Two-unit residential development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to the City's Coastal Land Use Plan.
E. 
High fire hazard area. Two-unit residential development shall not be permitted within High Fire Hazard Zones, unless the existing and proposed buildings are designed to meet the high fire construction standards adopted through Title 8 and Title 22 of the Municipal Code, and the proposed development is not located in the Foothill or Extreme Foothill High Fire Hazard Zones identified in Figure 14 of the City's Community Wildfire Protection Plan dated February 2021. No variance or modification to any Fire Code requirements or high fire construction standards shall be permitted.
(Ord. 6048 §1, 2021)
The new unit in a two-unit residential development may be permitted in the following configurations, provided that no more than two attached residential units are in any one building on a lot. For the purpose of this section, "unit" means any dwelling unit, including, but not limited to, two-unit residential development, additional residential unit, primary residential unit, accessory dwelling unit, or junior accessory dwelling unit.
A. 
One new unit incorporated entirely within an existing residential unit.
B. 
One new unit incorporated entirely within an existing accessory building, including garages.
C. 
One new unit attached to and increasing the size of an existing residential unit or an existing accessory building.
D. 
One new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.
E. 
Two newly constructed attached units (duplex) or two detached residential units on a vacant lot.
F. 
A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for an urban lot split, pursuant to Chapter 27.60, Parcel Maps for Urban Lot Splits; however, the provisions of that chapter shall not be used to permit more than two units on a lot.
G. 
Up to two accessory dwelling units pursuant to Chapter 28.86, Accessory Dwelling Units, may be proposed in addition to the two units constructed pursuant to this section on a lot that is not the result of an urban lot split.
(Ord. 6048 §1, 2021)
Residential accessory buildings, such as garages and sheds, may be permitted concurrently or subsequent to a two-unit residential development project. Each residential unit may have up to the maximum amount of accessory building floor area as permitted by Section 28.87.160, Accessory Buildings; however, the maximum accessory building floor area may not be combined to create one accessory building larger than 500 square feet.
(Ord. 6048 §1, 2021)
Lots already developed with two or more existing residential units, nonresidential uses, or mixed-use, shall not use the provisions of this section to add floor area, add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this chapter.
(Ord. 6048 §1, 2021)
The maximum allowable floor area for the lot is limited to 85% of the Maximum Net Floor Area (Floor to Lot Area Ratio) pursuant to Section 28.15.083 of this title. The maximum net floor area shall apply to the lot as a whole, and not per residential unit. Notwithstanding the foregoing requirement, the maximum unit size is as follows:
A. 
One new attached unit. A new unit that is attached to, and increasing the size of, an existing residential unit shall not exceed 50% of the living area of the existing residential unit.
B. 
One converted unit. A new unit that is incorporated entirely within an existing residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure.
C. 
New detached units or new duplex. Any newly constructed unit that is detached from another unit and which may or may not be attached to a garage or other accessory building, or when two newly constructed attached units (duplex) are proposed, each unit shall not exceed the following maximum unit size:
1. 
Lots up to 14,999 square feet and developed with one-bedroom or studio units: 850 square feet.
2. 
Lots up to 14,999 square feet and developed with two or more-bedroom units: 1,000 square feet.
3. 
Lots 15,000 square feet or larger: 1,200 square feet.
4. 
Lots in the High Fire Hazard Area: 800 square feet.
(Ord. 6048 §1, 2021)
Unless attached to and made a part of another main building pursuant to the definition of accessory building in Chapter 28.04, no detached main building shall be closer than 10 feet to any other main building on the same lot; and no detached accessory building shall be closer than five feet to any other main or accessory building on the same lot.
(Ord. 6048 §1, 2021)
All structures in a two-unit residential development, including accessory buildings, shall comply with the setback standards for the base zone; with the following exceptions:
A. 
Interior setback. The interior setback may be reduced to four feet for a one-story building and portions of the residential unit not exceeding 17 feet in height. Second stories, and portions of a building exceeding 17 feet in height, as well as incidental features including decks, balconies, mechanical equipment, and any portion of any accessory building, shall comply with the interior setback standards for the base zone.
B. 
Conversion. No setback is required to convert the existing, legally permitted, floor area of a main or accessory building to two-residential unit development. Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to Section 28.87.030.D, Nonconforming Buildings, and the policies of the City's Coastal Land Use Plan.
C. 
Substantial redevelopment. No setback is required when an existing main or accessory building is substantially redeveloped and converted to two-unit residential development, provided that the new building complies with the City's Coastal Land Use Plan policies.
(Ord. 6048 §1, 2021)
Consistent with the requirements of the City's Coastal Land Use Plan policies, sufficient off-street parking must be provided for any new development and substantial redevelopment so as to avoid significant adverse impacts to public access to the shoreline and coastal recreation areas. Automobile parking, therefore, must be provided in compliance with Chapter 28.90, Automobile Parking Requirements, for lots developed with two-unit residential development located in the coastal zone, except that covered parking shall not be required.
A. 
Replacement parking required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, the required parking spaces that are displaced by the conversion or demolition shall be replaced on the same lot, and may be either covered or uncovered, in order to satisfy the automobile parking requirement of the existing residential unit.
B. 
Nonconforming conditions. If the two-unit residential development is developed in accordance with all the requirements of this chapter, and is eligible for ministerial approval, the provision in Section 29.90.001.B, Existing Parking Space, that requires nonconforming parking to be brought up to current standards if an enlargement of more than 50% of the existing net floor area is proposed, shall not apply if the new floor area consists solely of a new two-unit residential development.
C. 
Bicycle parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit.
D. 
Tandem parking. Tandem parking may be approved by the Public Works Director, pursuant to Section 28.90.045.D, Tandem Parking; however, no tandem parking shall be permitted in the High Fire Hazard Area.
E. 
Location.
1. 
Required parking must be on the same lot as the residential unit served.
2. 
All driveways, automobile, and bicycle parking spaces must meet the minimum dimensions, location, and development standards consistent with the California Fire Code, and Chapter 28.90, Automobile Parking Requirements.
(Ord. 6048 §1, 2021)
Each unit may be rented separately, however rental terms shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
(Ord. 6048 §1, 2021)
All residential development shall be subject to the following architectural design criteria, or any other adopted objective design standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Community Development Director.
A. 
Prohibition of shiny roofing and siding. New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.
B. 
Roof tile. Where a new clay tile roof is proposed, the use of two-piece terracotta (Mission "C-tile") roof is required and "S-tile" is prohibited, unless necessary to match the S-tile roof materials of an existing residential unit.
C. 
Skylights. New skylights shall have flat glass panels. "Bubble" or dome type skylights are not allowed.
D. 
Glass guardrails. New glass guardrails are not allowed, unless necessary to match the glass guardrails of an existing residential unit.
E. 
Garage conversion. If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering and detailing.
F. 
Grading. No more than 250 cubic yards of grading (i.e., cut and/or fill under the building footprint and outside the building footprint to accommodate the new unit) is allowed.
G. 
Height. The construction of a new residential unit shall be limited in accordance with Chapter 28.11, Protection and Enhancement of Solar Access; and shall not exceed the following, whichever is greater:
1. 
Height of an existing unit on site; or
2. 
25 feet and a maximum of two stories outside the High Fire Hazard Area; or
3. 
16 feet and a maximum of one-story in the High Fire Hazard Area. In addition, plate heights on any new second story shall not exceed eight feet.
H. 
Design style. Additions or new construction shall comply with the following:
1. 
On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware and railings.
2. 
If residential development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes.
I. 
Privacy standards. The construction of a new unit where any portion of the proposed construction is either: two stories tall or 17 feet or taller in building height, shall comply with the following:
1. 
Upper story unenclosed landings, decks, and balconies greater than 20 square feet, that face or overlook an adjoining property, shall be located a minimum of 15 feet from the interior lot lines.
2. 
Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to orientation or topography, may be located at the minimum base zone interior setback line if an architectural screening element such as enclosing walls, trellises, awnings, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landing, deck, or balcony.
3. 
Upper story windows located within 15 feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of 42 inches above finish floor.
(Ord. 6048 §1, 2021)
To protect historic resources that have not yet been designated but are listed in the Historic Resources Inventory pursuant to Chapter 30.157, Historic Resources, no two-unit residential development shall be permitted if the proposal would cause a substantial adverse change in the significance of any historic resource, as defined in Section 30.300.080."H." The Community Development Director shall make this determination by reviewing the proposal for compliance with appropriate Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
(Ord. 6048 §1, 2021)
Two-unit residential development must comply with the City's Storm Water Runoff Requirements pursuant to Chapter 22.87, Storm Water Management.
(Ord. 6048 §1, 2021)
All outdoor lighting shall comply with the specifications in Chapter 22.75, Outdoor Lighting, and with State or Federal appliance and energy efficiency standards.
(Ord. 6048 §1, 2021)
A complete landscaping and irrigation plan shall be submitted to and approved by the Community Development Department prior to the issuance of building permits for a two-unit residential development. All landscape plans shall comply with the following:
A. 
Water conservation standards for landscaping in Section 14.23.005 of this Code.
B. 
Defensible space requirements pursuant to Section 4907 of the International Fire Code and California Fire Code as amended by Section 8.04.020.R of this Code, when required in the High Fire Hazard Area.
C. 
The limitations for vegetation removal in the Hillside Design District, pursuant to Chapter 22.10 of this Code.
(Ord. 6048 §1, 2021; Ord. 6101 §3, 2023)
Every main building shall face or have frontage upon a public street or permanent means of access to a public street, using at least one of the methods described below. Pedestrian pathways and driveways are limited to the minimum width required for access to each unit, garage, or required parking space.
A. 
Vehicular access. When automobile parking is required or proposed, vehicular access to a public street or alley shall be provided by a paved driveway that complies with the minimum width, slope, materials and other standards consistent with the California Fire Code and the City's Parking Access & Design Standards and the following:
1. 
Shared Driveways. A driveway may be shared by no more than two lots.
2. 
Multiple Driveways. More than one driveway per lot is prohibited on lots with less than 100 feet of public street frontage.
3. 
Landscape Buffer. Where feasible for existing site constraints, driveways adjacent to on-site buildings must be separated from building walls by a planting area with a minimum inside width of three feet. The same buffer, or a fence or hedge, shall be provided where parking areas, turnarounds, or driveways abut an adjacent residential property.
B. 
Pedestrian access. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and meet the following standards:
1. 
Minimum Width.
a. 
Pedestrian pathways serving one or two units: Three feet wide.
b. 
Pedestrian pathways serving three or more units: Five feet wide.
2. 
Maximum Length. Pedestrian pathways shall not be more than 200 feet in length.
3. 
Slope. Running grade shall not exceed five percent and cross slope shall not exceed 1:50.
4. 
Materials. Minimum four-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or other techniques or materials providing equivalent service. Gravel, mulch, dirt, stepping stones, or other similar loose materials that do not create a continuous passage are prohibited.
5. 
Lighting. Pedestrian pathways more than 100 feet in length shall provide lighting at intervals not to exceed 50 feet.
C. 
Addressing. All addresses for residential lots using a shared driveway or pedestrian pathway must be displayed at their closest point of access to a public street for emergency responders.
(Ord. 6048 §1, 2021)
All new development or substantial redevelopment shall comply with the policies of the City's Coastal Land Use Plan regarding buffers for Environmentally Sensitive Habitat (ESHA), wetlands, and creeks.
(Ord. 6048 §1, 2021)
Two-unit residential development shall comply with applicable State and local building codes and shall require approval of a building permit. The City shall ministerially approve or disapprove a complete building permit application for a two-unit residential development in compliance with State law and this section.
A. 
Posted sign. Within five calendar days after submitting an initial building permit application to the City, the property owner shall install a public notice in the form of a posted sign on the property in a manner deemed acceptable by the Community Development Director. The sign shall remain posted until a building permit is issued, or the application expires or is withdrawn. At the time of application submittal, the applicant shall sign an affidavit stating that he or she will post the required sign per this subsection. The validity of the permit shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive this notice.
B. 
Basis for denial. A two-unit residential development may be denied if the Building Official finds that the proposed development 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.
(Ord. 6048 §1, 2021)
Before obtaining a building permit for a two-unit residential development, the property owner shall execute an agreement containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the rental of lots developed with two-unit residential development, as specified in this chapter.
(Ord. 6048 §1, 2021)
A. 
Except as otherwise specified in this section, two-unit residential development shall comply with the objective development standards applicable to a principle or primary residential use on a lot for the housing type and base zone in which the lot is located.
B. 
The reductions and exceptions to the development standards normally applicable to residential development allowed in this section are for the express purpose of promoting the development and maintenance of more than one dwelling unit on the lot. If for any reason the development is not maintained on the lot in conformance with this section, the lot shall be brought into compliance with all of the requirements for the residential development, or with the legal nonconforming condition of the lot prior to the development of the two-unit residential development, including, but not limited to, the requirements for open yard, setbacks, and covered parking.
C. 
Discretionary design review may be required for any exterior alterations to an existing building, site development, or accessory building that is not an integral part of creating a new two-unit residential development, even if the alterations are proposed in conjunction with the two-unit residential project, if required pursuant to Chapter 30.220, 22.68, or 22.69 of this Code.
D. 
A two-unit residential project may not include a request for an exception to any objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, or similar design or development standard.
(Ord. 6048 §1, 2021)