The purpose of this chapter is to establish objective standards
and regulations to govern the development of qualified Senate Bill
9 subdivisions and development projects on residential zoned properties
within the City of Encinitas. The establishment of these regulations
will result in the orderly subdivision and development of qualified
Senate Bill No. 9 (2021) ("SB9") projects while ensuring that the
new units do not create any significant impacts with regards to public
infrastructure or public safety. The regulations are established to
implement the requirements under California Government Code Sections
65852.21 and 66411.7.
(Ord. 2022-17, 11/9/2022)
For purposes of this chapter, the following definitions shall
apply:
means a person that has common ownership or control of the
subject parcel with the owner of the adjacent parcel, a person acting
on behalf of, acting for the predominant benefit of, acting on the
instructions of, or actively cooperating with, the owner of the parcel
being subdivided.
means any parcel of land that is: (1) touching the parcel
at any point; (2) separated from the parcel at any point only by a
public right-of-way, private street, or way, or public or private
utility, service, or access easement; or (3) separated from another
parcel only by other real property which is in common ownership or
control of the applicant.
means property owned or controlled by the same person, persons,
or entity, or by separate entities in which any shareholder, partner,
member, or family member of an investor of the entity owns 10% or
more of the interest in the property.
has the meaning set forth in Health and Safety Code Section
50079.5.
means no discretionary review or public hearing.
means any zone in the City's Municipal Code and Specific
Plans that only allows one-family dwelling units.
means that each attached or adjacent dwelling unit is constructed
in a manner adequate to allow for the separate sale of each unit in
a common interest development as defined in Civil Code Section 1351
(including a residential condominium, planned development, stock cooperative,
or community apartment project), or into any other ownership type
in which the dwelling units may be sold individually.
means two primary residential units located on a single lot.
The residential units may be located in a single building that contains
two residential units (also known as a duplex) or in two detached
buildings.
means a subdivision of an existing parcel into no more than
two separate parcels that meets all the criteria and standards set
forth in this chapter.
has the meaning set forth in Health and Safety Code Section
50105.
(Ord. 2022-17, 11/9/2022)
Qualifying Two-Unit Residential Developments. Qualifying two-unit
residential developments are as defined in Government Code Section
65852.21. The reductions and exceptions in this section apply only
to two-unit residential developments in single-family zones and any
development on a lot approved pursuant to urban lot splits provisions
described in this ordinance.
Two-unit residential developments in single family zones shall
be located, developed, and used in compliance with this chapter.
(Ord. 2022-17, 11/9/2022)
A.
Prohibited Development. Two-unit residential development or urban
lot split, as specified in state law, shall be prohibited in the following
locations and circumstances, pursuant to state law and as further
specified below:
1.
Historic Resources. Shall not be permitted on a lot located
within property included on the State Historic Resources Inventory
or the National Register.
2.
Rental Units. Shall not include the demolition, substantial
redevelopment, or alteration of any of the following types of housing:
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 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.
3.
Replacement Housing. 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).
4.
Substantial Redevelopment. Shall not include the demolition
of 25% of the existing exterior walls, unless the replacement building
conforms to current development standards in the zoning district,
or the replacement of a nonconforming structure is reconstructed in
the same location and with the same dimensions and floor area as the
existing building.
5.
Nonconforming Development. RS11 zoned 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 chapter, unless
the development complies with all the standards of this chapter.
6.
Not permitted on a parcel that is any of the following, as identified
in Government Code Sections 65913.4(a)(6)(B) to (K), or as amended:
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 Government
Code 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 of the Government Code, or sites that have adopted fire hazard
mitigation measures pursuant to existing building standards or state
fire mitigation measures applicable to the development. Two-unit residential
development shall not be permitted within the Very High Fire Hazard
Severity Zones, unless existing building standards within Very High
Fire Hazard Zones include the high fire construction standards adopted
or enforced by the City, as determined by the Building Official or
the Fire Marshall. No variance or modification to any Fire Code requirements
or high fire construction standards shall be permitted.
d.
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 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 (100-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; or (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 1 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. Sec. 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.
B.
For urban lot splits, the following criteria must also be met:
1.
Parcel has not been established through exercise of an urban
lot split, as provided for in this chapter.
2.
Neither the owner of the parcel being subdivided nor any person
acting in concert with the owner has previously subdivided an adjacent
parcel using an urban lot split as provided for in this chapter. For
the purposes of this criterion, "adjacent parcel" means a parcel sharing
any portion of its property line(s) with the parcel being subdivided
using the provisions of the urban lot split.
C.
Director Finding. The Director, or designee finds that the proposed
development would have a specific, adverse impact on public health
and safety or the physical environment that cannot be feasibly mitigated
or avoided.
(Ord. 2022-17, 11/9/2022)
A.
A proposed two-unit residential development shall comply with the
following:
1.
The development and use of dwelling units in two-unit residential
developments shall only be valid if in conformance with this chapter
and permitted under this chapter.
2.
Except where indicated in this chapter, primary development
units shall comply with other zoning and building requirements generally
applicable to residential construction in the applicable zone where
the property is located.
3.
Development standards set forth in a planned unit development
or specific plan shall apply to any housing development except that
any such planned unit development or specific plan standard cannot
be applied if it would either: (a) result in a conflict with standards
set forth by state law for a housing development; or (b) preclude
a housing development that meets the applicable requirements of state
law or this chapter.
4.
All local and state building code provisions applicable to dwelling
units shall apply to two-unit residential developments. A two-unit
residential development shall meet all building code provisions necessary
to accommodate separate conveyance of the subject dwelling units.
5.
Any owner wishing to modify the number of primary units on a
single lot in an approved two-unit residential development must request
termination of the use of one of the primary dwelling units and satisfy
all zoning and development standards such as floor area and lot coverage.
6.
Two-unit residential developments shall be subject to paying
development impact fees.
7.
Dwellings in a two-unit residential development shall not encroach
on any easement.
8.
The correction of nonconforming zoning conditions may not be
required as a condition of approval.
9.
All easements required for the provision of public services
and facilities shall be dedicated or conveyed by an instrument in
a form acceptable to the Director of the Development Services Department.
10.
The City shall not impose regulations that require dedications
of rights-of-way or the construction of off-site improvements for
the parcels being created as a condition of issuing a parcel map for
an urban lot split.
11.
Each unit located on a parcel created pursuant to this chapter
shall have vehicular ingress and egress to the public right-of-way,
which shall be either through access over land that is part of the
parcel or evidenced by a recorded easement in favor of the parcel
requiring right-of-way access. Access and provisions for fire protection
(including turnouts) consistent with the California Fire Code shall
be provided for all structures served by an access easement.
12.
The proposed two-unit development shall provide a separate gas,
electric and water utility connection directly between each dwelling
unit and the utility.
13.
For a two-unit residential development connected to an on-site
wastewater treatment system, the applicant shall provide a percolation
test completed within the last five years, or, if the percolation
test has been recertified, within the last 10 years.
(Ord. 2022-17, 11/9/2022)
A.
When not located on a site subject to an approved or proposed urban lot split: (1) a maximum of two primary units per parcel meeting the requirements of this chapter are permitted; and (2) either one accessory dwelling unit or junior accessory dwelling unit per primary unit meeting the requirements in Section 30.48.040 of this title 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 units meeting the requirements of
this chapter are permitted per parcel resulting from the urban lot
split, for a total of two primary units on each of the two resulting
parcels.
1.
Either one accessory dwelling unit or junior accessory dwelling unit per primary unit is permitted, provided all objective development and design standards applicable to the underlying zone in which the project is located are met, including, but not limited to, lot coverage inclusive of the proposed accessory dwelling units. These proposed accessory dwelling units are not subject to the minimum floor area requirement identified in Section 30.48.040.
(Ord. 2022-17, 11/9/2022)
B.
When a total of four dwelling units, inclusive of accessory dwelling units, are proposed on a single lot, one of the two accessory dwelling units shall be affordable to a low or very low-income household in perpetuity. The development shall not be permitted to pay in-lieu fees as an alternative to satisfying the affordable housing requirements of Chapter 30.41. This provision shall provide compliance with Section 30.41.050 Inclusionary Housing Requirements. An affordable housing agreement shall be recorded against the residential development prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first.
(Ord. 2022-17, 11/9/2022)
A.
Two-unit residential developments and urban lot splits are subject
to the development standards in this section as adopted and amended
from time to time. In addition, the proposed project shall conform
to all objective zoning, subdivision, and design standards applicable
to the respective residential zoning district in which the project
is located, except as expressly provided in this chapter. Notwithstanding
the above, if the application of an objective standard would have
the effect of physically precluding the construction of up to two
units (each possessing no greater than 800 square feet of floor area)
on a single parcel, compliance with that objective standard shall
be waived but only to allow up two units 800 square feet each.
1.
Allowed Uses. The only uses allowed on parcels on which two-unit
residential development is permitted and within the units created
under a two-unit residential development shall be residential uses
and may not be used for rentals of less than 30 days, and rental terms
shall not allow termination of the tenancy prior to the expiration
of at least one 31-day period occupancy by the same tenant.
2.
Minimum Lot Size. The minimum size of any newly created parcel
through an urban lot split is 1,200 square feet. Both newly created
parcels shall be of approximately equal lot area, which for purposes
of this paragraph shall mean that one parcel shall not be smaller
than 40% of the lot area of the original parcel proposed for subdivision.
The following areas are excluded from the calculation of lot area
for the purposes of an urban lot split:
a.
Areas of a lot that are a watercourse, which consists of that
portion of the creek, stream or watercourse located within the tops
of its banks.
b.
Areas of lots that contain slopes greater than 25%.
c.
Areas of lots that contain flood plains, beaches, permanent
bodies of water, significant wetlands, major power transmission easements,
railroad track beds, existing and future rights-of-way and easements
for public or private streets/roads.
3.
Setbacks. A minimum setback of four feet, or the applicable
setback for the zoning district, whichever is less, is allowed from
the rear and side property lines, except:
a.
No setback shall be required for an existing structure, or a
structure constructed in the same location and to the same dimensions
as an existing structure.
b.
On parcels with a width of 40 feet or less that proposes both
a two-unit residential development and an urban lot split, a zero-side
yard setback shall be allowed along the proposed lot line only.
c.
On parcels with a length of 100 feet or less with alley access
that proposes both a two-unit residential development and an urban
lot split, parcels are allowed up to zero rear yard setback provided
that if parking is proposed it meets the standards for parking off
an alley as outlined in the Off-street Parking Design Manual.
4.
Height. Maximum height for a two-unit residential development
shall be that specified for the zoning district, however any portion
of a new dwelling unit constructed within a reduced setback from the
underlying zone shall be permitted to build to a maximum 16-feet in
height. In no case shall the building exceed the height of the underlying
zone to allow the development of two 800 square foot units, when it
is feasible to modify other development standards to allow the development.
5.
Lot Coverage. Maximum site coverage for a two-unit residential
development shall be that specified for the zoning district in which
the two-unit residential development is located. On parcels where
the proposed two-unit development exceeds the maximum lot coverage
to allow the minimum two 800 square feet residential units, the pervious
coverage shall be at least 75% of the remaining lot area.
6.
Trash and Storage. Areas for trash and outdoor storage shall
be provided on each property. Such areas shall be designed to conceal
all trash and stored material from public view.
7.
Unit Configuration. The new units in a two-unit residential
development may be permitted in the following configurations. For
the purpose of this section, "unit" means any primary dwelling unit,
not including accessory dwelling units or junior accessory dwelling
units.
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 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 of a parcel map for an urban lot split.
8.
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 to the
satisfaction of the City Fire Marshal.
9.
Pathways. Pedestrian pathways of a minimum width of three feet
shall be provided from the right-of-way to all primary entryways and
common areas, such as common open space areas, guest parking, mailboxes,
and centralized trash enclosures.
10.
Parking.
a.
One off-street parking space, which may be covered or uncovered,
is required for each unit in a two-unit residential development, except
as exempted below.
i.
No parking is required if the parcel is located within one-half
mile walking distance of either a high-quality transit corridor, as
defined in subdivision (b) of Section 21155 of the Public Resources
Code, or a major transit stop, as defined in Section 21064.3 of the
Public Resources Code; or if there is a designated parking space for
a car share vehicle located within one block of the parcel.
b.
When an existing garage, carport, or other covered parking structure
is converted or demolished in order to construct a new unit, at least
one replacement parking space, which may be covered or uncovered,
must be provided for each unit, unless the project is exempt from
parking requirements.
c.
The location of the required parking space(s) shall not obstruct
the required parking of another dwelling unit. Each unit must have
its own parking space which can be accessed without crossing over
or encroaching upon the other unit's parking space. Tandem parking
shall only be allowed on lots with a width less than 40 feet.
11.
Access to a Public Street. Every dwelling unit shall have permanent
means of access to a public street. When automobile parking is required
or proposed, vehicular access to a public street or alley shall be
provided by a driveway that complies with the minimum width, slope,
materials, and other standards consistent with the California Fire
Code and the City's Off-street Parking and Street Design Standards.
12.
Storm Water Management. Two-residential unit development must
comply with the City's Storm Water Runoff Requirements pursuant
to Title 20 Stormwater Management.
13.
Landscaping.
a.
A complete application for a Two Unit Residential Development shall include a landscape plan which must comply with the City's Water Efficient Landscaping Ordinance (EMC Chapter 23.26) and all other applicable objective development and design standards.
b.
Front and side yard setbacks shall be at least 60% pervious
coverage.
14.
Privacy Standards. The construction of a new unit where any
portion of the proposed construction is either: two stories tall or
16 feet or taller in building height, shall comply with the following:
a.
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.
b.
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.
15.
Private Open Space. Each primary unit shall include a minimum
of 100 square feet of private exterior open space per dwelling unit
for both ground floor units and units contained wholly on the second
floor. For units wholly on the second floor this open space may be
provided by outdoor decks.
16.
Utilities. Private underground utility services shall be available
for extension to and connection with all units in a two-unit residential
development. All dwelling units in a two-unit residential development
shall connect to services. All existing and proposed utility distribution
facilities (including electric, telecommunications and cable television
lines) installed in and for the purpose of supplying service to any
dwelling unit(s) proposed as part of a two-unit residential development
shall be installed underground. Equipment appurtenant to underground
facilities, including surface-mounted transformers, pedestal-mounted
terminal boxes and meter cabinets, and concealed ducts, shall also
be underground.
17.
Subdivision Map Act. The Urban Lot Split shall conform to all
applicable objective requirements of the Subdivision Map Act (commencing
with Government Code Section 66410)), except as otherwise expressly
provided in Government Code Section 66411.7. Notwithstanding Government
Code Section 66411.1, no dedications of rights-of-way or the construction
of off-site improvements may be required as a condition of approval
for an urban lot split, although easements may be required for the
provision of public services and facilities.
(Ord. 2022-17, 11/9/2022)
A.
A proposal to construct a two-unit residential development shall
be subject to first obtaining all applicable permits. The Director
or designee shall review the application for completeness pursuant
to the requirements of Government Code Section 65943. After determination
of completeness, the Director or designee shall provide the applicant
with written documentation identifying any inconsistencies with the
objective standards applicable to two-unit residential developments.
The Director or designee shall render a ministerial decision without
a public hearing on a two-unit development application upon such application
being deemed complete. Notwithstanding anything to the contrary set
forth in this code, the Director's or designee's action
to grant or deny an application for a two-unit development application
is final and not subject to appeal, except as identified below for
a Coastal Development Permit.
B.
Design Review. All two-unit residential developments shall be subject to the adopted objective design standards (Chapter 23.08) 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 Development Services Director, or designee.
C.
Urban Lot Split Map. An urban lot split shall require the submittal of an application for a parcel map prepared in accordance with the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 24 Subdivisions. Within 60 calendar days after a complete application for an urban lot split map is filed with the City, the Development Services Director, or designee, shall ministerially approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the city. If the urban lot split map is denied, the reasons therefore shall be stated in the notice of denial.
D.
Coastal Development Permit. Where a Coastal Development Permit is required pursuant to EMC Chapter 30.80 for two-unit residential developments and urban lot splits, the following process shall apply:
1.
Applications shall be reviewed by the Director of Development Services, or designee, without a public hearing in accordance with Government Code Sections 65852.21 and 66411.7. When a proposed development only involves the addition of a two-unit residential development or an urban lot split pursuant to the sections above, the Director of Development Services Department, or designee, shall not issue a decision on the application until at least 10 calendar days after notice having been given pursuant to EMC Section 30.80.080(C). The Director of Development Services, or designee, may receive written comments regarding the application and consider such written comments during the review of the application, but the Director of Development Services, or designee, shall not conduct a public hearing on the application. The decision of the Director of Development Services, or designee, concerning an application for a Coastal Development Permit pursuant to this Section shall constitute the final action of the City.
2.
Following final action on a coastal development permit by the Director, a notice of final action shall be prepared pursuant to EMC Section 30.80.140. In the coastal zone areas appealable to the California Coastal Commission, the decisions of the Director of Development Services, or designee, made pursuant to this section may be appealed to the California Coastal Commission in accordance with EMC Section 30.80.160.
3.
Actions on applications shall be consistent with the provisions of the applicable zone and the policies and development standards of the City of Encinitas certified Local Coastal Program and Chapter 3 of the California Coastal Act. Review of a coastal development permit application for a two-unit residential development and/or an urban lot split consistent with the sections above, shall comply with all procedures and development standards of EMC Chapter 30.80 (Coastal Development Permit), aside from the requirements to conduct a public hearing and City appeals process.
E.
A development is not eligible for a ministerial approval as a two-unit
residential project if it includes a request for an exception to any
objective standards, beyond those necessary to obtain an 800 square
foot unit, 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. 2022-17, 11/9/2022)
Prior to the issuance of a building permit for a two-unit residential
development dwelling unit, the property owner shall record a covenant
with the County Recorder's Office, the form and content of which
is satisfactory to the City Attorney. The covenant shall notify future
owners of the approved size and attributes of the units and minimum
rental period restrictions. The covenant shall also reflect the number
of units approved and provide that no more than two primary residential
units and two accessory dwelling units, for a total of four units,
may be created on any single parcel or on any two parcels created
using urban lot split subdivision procedures. If an urban lot split
subdivision was approved, the covenant shall provide that the parcels
may not be further subdivided using the urban lot split provisions,
and no variances shall be permitted other than those code deviations
expressly allowed by this chapter. This covenant shall remain in effect
so long as a two-unit residential development exists on the parcel.
(Ord. 2022-17, 11/9/2022)
Prior to issuance of a parcel map approval for urban lot split,
the applicant shall provide a signed affidavit stating that the applicant
intends to occupy one of the housing units as their principal residence
for a minimum of three years from the date of approval of the lot
split, the form and content of which is satisfactory to the City Attorney.
This subsection shall not apply to an applicant that is a "community
land trust," as defined in clause (ii) of subparagraph (C) of paragraph
(11) of subdivision (a) of Section 402.1 of the Revenue and Taxation
Code or is a "qualified nonprofit corporation" as described in Section
214.15 of the Revenue and Taxation Code.
(Ord. 2022-17, 11/9/2022)
Two-unit residential developments 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. Building permits on
not appealable for two-unit residential developments.
(Ord. 2022-17, 11/9/2022)
A.
Denial of a Two-Unit Residential Development. The Development Services
Director, or designee, shall not approve a two-unit residential development
under any of the following circumstances:
1.
The project proposes creation of more than two units total as described in Section 30.18.060 of two-unit residential development.
2.
The urban lot split does not meet the requirements of Title
30 Zoning.
3.
Based on a preponderance of the evidence, the building official
finds that the proposed housing development project would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision
(d) 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.
4.
The two-unit residential development does not comply with applicable,
objective requirements imposed by Title 30 Zoning, City's Design
Guidelines, and this title. Any decision to disapprove a two-unit
residential development shall be accompanied by a finding identifying
the applicable, objective requirements imposed.
B.
Denial of an Urban Lot Split Map. The Development Services Director,
or designee, shall not approve an urban lot split map under any of
the following circumstances:
1.
The land proposed for division is a lot or parcel which was
part of an urban lot split that the City previously approved.
2.
The subdivision proposes creation of more than two lots, or more than four units total among the two lots as described in subsection A, Denial of a Two-Unit Residential Development described above.
4.
Based on a preponderance of the evidence, the building official
finds that the proposed housing development project would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision
(d) 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.
5.
The urban lot split does not comply with applicable, objective requirements imposed by the Subdivision Map Act, Chapter 24 Subdivisions, and this title. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act, Chapter 24 Subdivisions, and this title.
(Ord. 2022-17, 11/9/2022)
