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are not repealed, qualifying two-unit residential development in the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)