The purpose of this chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21.
(Ord. 808 § 37, 2022)
(a)
Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.
(b)
An application for a second unit or a two-unit development shall be reviewed by the building official through the plot plan review process.
(c)
The decision may be appealed to the planning commission through an appeal made in writing by the applicant within fifteen days from the date of receipt of notice of action of the community development director. The decision of the planning commission may be appealed to the city council through an appeal made in writing by the applicant within fifteen days from the date of receipt of notice of action of the planning commission. Applicants requesting an appeal shall pay an appeal fee set by the city council.
(d)
Notwithstanding subsection (a), the city may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, 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. 808 § 37, 2022)
Proposed second units and two-unit developments:
(a)
Shall be located in an R-1 zoning district;
(c)
Shall not require or allow the demolition 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 is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3)
Housing that has been occupied by a tenant in the last three years;
(d)
Shall not require or allow the demolition of more than twenty-five percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years;
(e)
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 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application;
(f)
Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in 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.
(Ord. 808 § 37, 2022)
A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:
(b)
Size. A second unit, and both of the units in a two-unit development, shall be no smaller than eight hundred square feet and no larger than one thousand square feet in floor area each.
(c)
Height. A second unit, and both of the units in a two-unit development, shall be no taller than sixteen feet in height from ground level and shall be one-story. The units shall not be located on the second or any higher story of a structure.
(d)
Setbacks. No setback beyond the existing setback shall be required for an existing permitted structure or for a unit constructed in the same location and to the same dimensions as an existing permitted structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least four feet from the side and rear lot lines.
(e)
Parking.
(1)
One off-street parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two-unit development.
(f)
Separate Entrances. A second unit, and both of the units in a two-unit development, shall have a separate entrance.
(g)
Wastewater.
(1)
Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the city engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the city engineer, prior to issuance of a building permit.
(2)
Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an onsite wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the city engineer finds that the on-site wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the city engineer, prior to issuance of a building permit.
(i)
Limitation on Enforcement of Development Standards. With the exceptions of the setback requirements in subsection (d) and the requirement to comply with all building codes, the city shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least eight hundred square feet in floor area.
(Ord. 808 § 37, 2022)
(a)
This chapter does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units.
(b)
Notwithstanding any other provision in this chapter, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 16.40.060.
(c)
If a second unit is proposed to be built on a lot with an existing junior accessory dwelling unit, then the junior accessory dwelling unit must be demolished prior to issuance of a building permit for the second unit, pursuant to Section 17.47.050(b)(2). This requirement shall result in the denial of the application for the second unit if destruction of the junior accessory dwelling unit will result in a violation of Section 17.80.030(c) or (d).
(Ord. 808 § 37, 2022)
Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.
(Ord. 808 § 37, 2022)
Second units and the units in a two-unit development shall not be rented for a term of less than thirty-one consecutive days.
(Ord. 808 § 37, 2022)
(a)
As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second unit or two-unit development, the property owner shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on the property and shall include the following requirements:
(2)
Second units, and both units of a two-unit development, if rented, shall only be rented at an affordable rent for very-low-income households, as defined in Health and Safety Code Section 50053, and shall only be rented to very-low-income households, as defined in Health and Safety Code Section 50105, for a minimum of fifty-five years.
(b)
Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.
(Ord. 808 § 37, 2022)
The following diagrams depict all of the possible permissible configurations of primary dwelling units, two-unit developments, second units, accessory dwelling units, and junior accessory dwelling units on a lot in the R-1 zone, including a lot created by an urban lot split. These diagrams are only intended to show what is possible and do not guarantee that a particular configuration will be permitted or approved in any specific case.
Lots Created Through an Urban Lot Split  |
Lots Not Created Through an Urban Lot Split  |
(Ord. 808 § 37, 2022)