Belvedere City Zoning Code
19.77 Two-Unit
Developments
19.77.010 Purpose.
The purpose of this chapter is to provide objective zoning standards for two-unit developments within single-family residential zones, to implement the provisions of State law as reflected in Government Code Section 65852.21, to facilitate the development of new residential housing units consistent with the City of Belvedere’s General Plan, and to ensure sound standards of public health and safety. (Ord. 2022-10 § 8 (Exh. B), 2023.)
19.77.020 Definitions.
For purposes of this chapter, the definitions contained in Section 18.27.020 shall apply. (Ord. 2022-10 § 8 (Exh. B), 2023.)
19.77.030 Permit application and procedures—Two-unit development.
A. Application and Review Authority. An application for a two-unit development shall be made by the property owner and filed with the Planning Department on a form prescribed by the Director of Planning and Building, containing such information as reasonably requested by the Director of Planning and Building, and accompanied by the appropriate fee.
B. Ministerial Review. The Planning Director or that person’s designee shall ministerially review without a hearing an application for a two-unit development, and shall approve the application if all the criteria in Government Code Section 65852.21 and this section are satisfied.
C. Review Timing. The City shall act upon an application for a two-unit development within the time limits provided by the Permit Streamlining Act. (Ord. 2022-10 § 8 (Exh. B), 2023.)
19.77.040 Qualifying criteria for two-unit developments.
Applications for two-unit developments must meet all the following requirements. No exceptions to the standards in this section shall be requested or granted.
A. The parcel is in a single-family residential zone (R-1L, R-1W, R-1C, R-15).
B. The parcel satisfies the requirements specified in Government Code Section 65913.4(a)(6)(B) through (K), inclusive.
1. 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.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, 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 subsection does not apply to sites excluded from the specified hazard zones by the City, pursuant to Section 51179(b) 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.
4. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code 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.
5. 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 of the Government Code.
6. 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 can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subsection, the City 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 the City that is applicable to that site.
A development may be located on a site described in this subsection if either of the following is met:
a. The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the City; or
b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain 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.
7. 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 can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the City 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 the City that is applicable to that site.
8. 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.
9. 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. Section 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).
10. Lands under conservation easement.
C. Notwithstanding any provision of this section or any local law, the proposed two-unit development would not require the demolition or alteration of any of the following types of housing:
1. Housing that is subject to 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. The parcel is not a parcel on which an owner of residential real property has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last fifteen years before the date that the development proponent submits an application.
E. The proposed two-unit development does not include 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.
F. The proposed two-unit development is not located within a historic district or property on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City landmark or historic property or historic district pursuant to a City ordinance.
G. The parcel is not located within a high sensitivity area as shown on the General Plan Prehistoric Sensitivity Maps found in the Technical Appendix of the General Plan, which parcels are City of Belvedere historic properties.
H. The proposed two-unit development complies 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:
1. The application of such standards shall be modified by the Director of Planning and Building if the standards would have the effect of physically precluding the construction of two units or would result in a unit size of less than eight hundred square feet. 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.
2. Notwithstanding subsection (H)(1) of this section, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
I. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed to allow separate conveyance. The proposed two-unit development shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.
J. Only two primary dwelling units may be located on any lot created through an urban lot split that utilized the two-unit development provision. Accessory dwelling units and junior accessory dwelling units are not permitted on these lots.
K. One of the units in a two-unit development shall be the principal place of residence of the property owner and the other unit may be leased or rented to a separate household.
L. Dwelling units created by a two-unit development may be used for residential uses only and may not be used for rentals of less than thirty days.
M. Parking. One parking space shall be required per unit constructed via the procedures set forth in this section, except that the City shall not require any parking where:
1. 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
2. There is a designated parking area for one or more car share vehicles within one block of the parcel.
N. 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).
O. All units constructed as part of a two-unit development shall be subject to all impact and other development fees imposed on the development of a new dwelling unit.
P. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed two-unit development may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
Q. Enforcement. The City Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 2022-10 § 8 (Exh. B), 2023.)
19.77.050 Objective design standards for two-unit developments.
The following objective standards apply to two-unit developments:
A. The following development is permitted on the parcel:
1. Two primary dwelling units, either a duplex or two single-family homes.
2. If the parcel was not created using an urban lot split, then additionally:
a. If a duplex is constructed, then two detached ADUs or one ADU created from existing nonlivable space.
b. If one or two single-family homes are constructed, one ADU and one JADU.
B. The maximum floor area of a unit in a two-unit development shall be eight hundred square feet if the unit does not meet all development standards contained in the underlying zoning district.
C. The maximum height shall be sixteen feet from existing grade as defined by the Belvedere Municipal Code if the unit does not meet all development standards contained in the underlying zoning district.
D. A solid (no-openings) one-hour fire rated wall is required between adjacent or connected units constructed as part of a two-unit development.
E. Driveway access shall be compliant with Tiburon Fire Protection District standards.
F. All newly created dwelling units shall be connected to a public sewer or provide a private wastewater system that is fully contained within the parcel’s boundaries.
G. Newly constructed units shall be of the same architectural style, detail, color and building material as the primary dwelling unit.
H. Any new window that faces an adjoining residential property shall be either made of opaque glass and/or have a sill height above eye level. Any new doors that face an adjoining residential property shall either not include windows, or all windows must be of opaque glass.
I. All exterior lighting shall be shielded and directed downward.
J. Where visible from off-site locations, skylights shall not have white or light opaque colored exterior lenses and no lights shall be installed inside the wells of the skylights.
K. Fencing shall be consistent with the fencing requirements of Section 19.48.190.
L. Landscaping materials shall include the following:
1. Shrubs of at least one-gallon size and limited to a maximum height of eight feet on the sides and rear of the property;
2. Trees of at least fifteen-gallon size and that grow to a maximum height of twelve feet;
3. Ground cover instead of grass/turf; and
4. Decorative nonliving landscaping materials including, but not limited to, sand, stone, gravel, wood or water may be used to satisfy a maximum of twenty-five percent of the parcel. (Ord. 2022-10 § 8 (Exh. B), 2023.)
19.77.060 Additional required documentation.
A. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit development shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in Sections 19.77.040(C) and (D) exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).
B. Recorded Covenant. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:
1. A prohibition on nonresidential use of any units developed or constructed through the two-unit development, including a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days; and
2. A requirement that one of the units on the site be the principal residence of the owner.
The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant. (Ord. 2022-10 § 8 (Exh. B), 2023.)