The purpose of this chapter is to establish a ministerial review process and provide objective zoning standards for two-unit developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., facilitate the development of new residential housing units consistent with the town's general plan and ensure sound standards of public health and safety and environmentally sensitive development.

(Ord. No. 1025, § 10, 12-6-2022)

The town council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Sections 65852.21 et seq. and 66411.7 et seq.

(Ord. No. 1025, § 10, 12-6-2022)

Terms defined in Government Code § 65852.21 shall apply to this chapter and shall control in the event of a conflict between definitions in this chapter and definitions in Government Code § 65852.21.

The following definitions shall also apply to this chapter:

A person "acting in concert with the owner," as used in Section 18.31A.040(b)(8) of this chapter, below, 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.

"Adjacent parcel" 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.

"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

"Common ownership or control" 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 ten percent or more of the interest in the property.

"Lower income household" has the meaning set forth in Health and Safety Code Section 50079.5.

"Moderate income household" has the meaning set forth in Health and Safety Code Section 50093.

"Newly created lot" means both lots created by an urban lot split.

"Sufficient for separate conveyance," as used in subsections 18.31A.040(b)(14) and 18.31A.050(b)(8)(F) of this chapter, below, 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.

"Urban lot split" 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.

"Very low income household" has the meaning set forth in Health and Safety Code Section 50105.

(Ord. No. 1025, § 10, 12-6-2022)

(a)

The zoning administrator, in consultation with the public works director, shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels in an urban lot split, and shall approve the application if the criteria in Government Code Section 66411.7 and this section are satisfied.

(1)

Approval of an urban lot split application is a ministerial act, and therefore is not subject to the California Environmental Quality Act.

(2)

At least ten days prior to rendering a decision, the planning department shall mail a courtesy notice to all owners of property within three hundred feet of the site of the urban lot split. The notice shall have a brief description of the project and state that this is a ministerial application that is not subject to design review, public hearing, or discretionary review.

(3)

No exceptions to the standards in this section shall be requested or granted except as mandated by Government Code Section 66411.7.

(4)

A decision to approve or deny an urban lot split shall be final ten calendar days following the date of approval unless an interested party files a written request for review of the record to the town manager as provided in subsection (5), below.

(5)

Review of the Record. The decision of the zoning administrator granting or denying an urban lot split is a ministerial decision as required by state law and shall not be subject to a public hearing. Following the decision of the zoning administrator, a request for a review of the record must be filed with the town clerk within ten calendar days of the date of the decision. Within ten calendar days after receipt of the request for review of the record, the town manager, or his/her designee, shall conduct a review of the record based on all documents submitted as part of the application and review process. In calculating the ten days for review of the record, the request for review will be deemed to be received on the first day town hall is open to the public after receipt of the request. The fee to request a review shall be a flat fee of three hundred dollars. The urban lot split applicant and individual(s) filing for the review shall be notified in writing of the decision and such decision shall be final.

(b)

Within the time required by the Subdivision Map Act, the zoning administrator shall determine if the parcel map for the urban lot split meets all the following requirements:

(1)

The parcel is located within one of the following single-family residential zones: R-1 (Medium Density Residential), R-1-A (Low Density Residential), R-1-B (Very Low Density Residential) or R-1-C (Open Residential).

(2)

The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.

(3)

Both resulting parcels are no smaller than one thousand two hundred square feet.

(4)

Neither resulting parcel shall be smaller than forty percent of the lot area of the parcel proposed for the subdivision.

(5)

The proposed lot split would not require demolition 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 that is subject to any form or rent or price control through a public entity's valid exercise of its police powers.

(C)

A parcel or parcels 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 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies for an urban lot split.

(D)

Housing that has been occupied by a tenant in the last three years.

(6)

The parcel is not located within a historic district or 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 town landmark or historic property or historic district pursuant to a town ordinance.

(7)

The parcel being subdivided was not created by an urban lot split as provided in this section.

(8)

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 in this section.

(9)

The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the T3 Edge Neighborhood Zone of Title 22; provided, however, that:

(A)

The zoning administrator, or that person's designee, shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter 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.

(B)

Notwithstanding subsection (9)(A) above, 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.

(10)

Parcels shall have frontage on a street. Notwithstanding the forgoing, the zoning administrator shall grant an exception to this requirement if it would preclude the creation of the new lot.

(11)

Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way.

(12)

Access.

(A)

All new two-unit development units located more than one hundred fifty feet from a frontage roadway shall be accessible to fire department apparatus by way of an approved fire apparatus access road at least twenty feet in clear width with an approved driving surface capable of supporting the imposed load of fire apparatus weighing at least seventy-five thousand pounds.

(B)

Driveways that provide access to new units that are located in the Wildland Urban Interface (WUI), as determined by the Central Marin Fire Department, shall have a minimum width of sixteen feet.

(C)

The gradient for fire apparatus access roads and driveways shall not exceed eighteen percent.

(D)

All curb cuts and driveway access shall conform to Standard 210 of the Central Marin Fire Department.

(13)

Fire Suppression Standards.

(A)

A solid (no openings) one-hour fire rated wall is required between any two-unit development unit and the primary dwelling unit, an ADU, or other two-unit development unit.

(B)

If two two-unit development unit are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required.

(C)

All new two-unit development units are required to have fire sprinklers.

(D)

In instances where a new two-unit development is located less than five feet to an existing or proposed fence, the fence shall be a non-combustible material.

(E)

A fire hydrant that can supply a minimum of one thousand gallons per minute must be located within three hundred fifty feet of the front of any new two-unit development unit.

(14)

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide separate utility connection directly between each dwelling unit and the utility.

(15)

For lots that have existing residential units, parking for the existing units shall be provided in accordance with the requirements in Chapter 18.20 (Off-street Parking and Loading).

(16)

One parking space shall be required per new unit constructed on a parcel created pursuant to the procedures in this section, and in a location as set forth in Section 22.03.030(3), except that no parking is required where:

(A)

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

(B)

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

(c)

Only residential uses are allowed on a parcel created by an urban lot split.

(d)

The applicant for an urban lot split shall sign the following affidavits, all in the form approved by the town attorney:

(1)

A statement that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. 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.

(2)

If any existing housing is proposed to be altered or demolished, the owner of the property's statement that none of the conditions listed in Section 18.31A.040(b)(5) above exist. This affidavit shall include 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).

(3)

The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split.

(e)

Within thirty days of the recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the town attorney, which shall run with the land and shall contain the provisions listed below. The town will not issue a building permit prior to the recordation to this covenant agreement.

(1)

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section;

(2)

A limitation restricting the property to residential uses only; and

(3)

A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty days.

The town manager or that person's designee is authorized to enter into the covenant and agreement on behalf of the town and to deliver any approvals or consents required by the covenant.

(f)

In addition to the criteria listed in this section, a proposed urban lot split 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.

(g)

The town 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 town from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1025, § 10, 12-6-2022)

(a)

General. The zoning administrator or that person's designee shall review ministerially, 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.

(b)

Qualifying Criteria. The zoning administrator or that person's designee shall determine if the two-unit development meets all the following requirements:

(1)

The parcel is in an R-1, R-1-A, R-1-B, or R-1-C zoning district.

(2)

The parcel satisfies the requirements specified in California Government Code Section 65913.4(a)(6)(B) through (K).

(3)

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:

(A)

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.

(B)

Housing that is 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.

(4)

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 applicant applies for the two-unit development.

(5)

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.

(6)

The proposed two-unit development is not located within a historic district or property included 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 town landmark or historic property or historic district pursuant to a town ordinance.

(7)

The proposed two-unit development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel for a house or a duplex (side by side) as those terms are used in Section 22.03.030. Except as otherwise provided in this subsection, a house shall comply with the standards set forth in Section 22.06.040 and a duplex side-by-side shall comply with the standards set forth in Section 22.06.050.

(A)

The zoning administrator, or that person's designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of two units on the parcel 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.

(B)

A new dwelling unit may exceed the size limits in subsection (b)(8)(A) under the following circumstance:

(i)

If the unit complies with the setbacks for the T3 Edge Neighborhood Zone, as set forth in Section 22.03.030 of the Municipal Code, the unit size may be a maximum of one thousand two hundred square feet.

(C)

Except as provided in subsection (b)(8)(E), below, the required rear and side yard setbacks shall be a minimum of 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.

(D)

Except as provided in subsection (b)(8)(E), below, the maximum height of any new dwelling units shall not exceed sixteen feet as measured in conformance with Section 18.04.335, "Height, building or structure."

(E)

A new dwelling unit may exceed the height limits in subsection (b)(8)(D) under the following circumstances:

(i)

If the unit complies with the setbacks for the T3 Edge Neighborhood Zone, as set forth in Section 22.03.030 of the Municipal Code, the maximum height shall be as prescribed in subsection 4 (Building Form) of the T3 Edge Neighborhood Zone.

(ii)

If the unit is in the flood plain and required to be elevated by federal, state, or local law, and does not comply with the side yard or rear yard setbacks set forth in Section 22.03.030, that unit may exceed sixteen feet in height only to the extent necessary to accommodate the required elevation and only up to a maximum of twenty feet. Such units are required to increase rear and side yard setbacks by one foot for every additional foot in height allowed under this subjection.

(F)

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed two-unit development shall provide separate utility connections directly between each dwelling unit and the utility.

(G)

Parking. One parking space shall be required per unit constructed via the procedures set forth in this section and in a location as set forth in Section 22.03.030, except that the town shall not require any parking where:

(i)

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

(ii)

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

H.

Privacy Standards. Proposed two-unit development shall comply with the privacy standards set forth in Section 22.05.070.

I.

Landscaping and Lighting. Proposed two-unit development shall comply with the landscaping and lighting standards set forth in Sections 22.05.030(3) and 22.05.030(4).

J.

Fences and Walls. Refer to Section 18.08.040(2) for regulations that apply to fences and walls.

K.

Swimming Pools and Hot Tubs. Refer to Section 18.08.030(3) for swimming pool and hot tub regulations.

L.

Dwelling units created by a two-unit development may be used for residential uses only. Any other use is subject to the full requirements of this title. The dwelling units may not be used for rentals for less than thirty days.

M.

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).

(c)

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 town attorney, stating that none of the conditions listed in subsection (b)(4) and (b)(5) above 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) on a form approved by the town attorney.

(d)

This subsection provides standards to ensure fire department access to new units established under Government Code Section 66589.5 and to ensure that any such new unit established does not create any significant impacts with regards to public safety.

(1)

Fire Department Access.

(A)

All new two-unit development units located more than one hundred fifty feet from a frontage roadway shall be accessible to fire department apparatus by way of an approved fire apparatus access road at least twenty feet in clear width with an approved driving surface capable of supporting the imposed load of fire apparatus weighing at least seventy-five thousand pounds.

(B)

Driveways that provide access to new units that are located in the Wildland Urban Interface (WUI), as designated by the Central Marin Fire Department, shall have a minimum width of sixteen feet.

(C)

The gradient for fire apparatus access roads and driveways shall not exceed eighteen percent.

(D)

All curb cuts and driveway access shall conform to Standard 210 of the Central Marin Fire Department.

(2)

Fire Suppression Standards.

(A)

A solid (no openings) one-hour fire rated wall is required between any two-unit development unit and the primary dwelling unit, an ADU, or other two-unit development unit.

(B)

If two two-unit development units are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required.

(C)

All new two-unit development units are required to have fire sprinklers.

(D)

In instances where a new two-unit development unit is located less than five feet to an existing or proposed fence, the fence shall be a non-combustible material.

(E)

A fire hydrant that can supply a minimum of one thousand gallons per minute must be located within three hundred fifty feet of the front of any new two-unit development unit.

(e)

The town 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 town from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1025, § 10, 12-6-2022)

(a)

Applicability. This section applies to two-unit development projects that meet the criteria of Section 18.31A.050 and applying for approval under Government Code § 65852.21. This section replaces the town's procedures for reviewing discretionary applications with respect to such projects.

(b)

Application Filing and Initial Review.

(1)

An applicant shall file an application for a two-unit development with the planning department on a form provided by the town with the fee. If the town has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.

(2)

Completeness Review. Within thirty days of receiving the application, the planning department will determine and notify the applicant whether the application is complete and/or eligible. If staff determines that the application is incomplete, the notification shall include a detailed description of the information needed to complete it.

(c)

Compliance Review.

(1)

The zoning administrator's review shall be limited to consistency with Government Code Section 65852.21 and the then-current objective standards applicable under this chapter.

(2)

At least ten days prior to rendering a decision, the planning department shall mail a courtesy notice to all owners of property within three hundred feet of the two-unit development. The notice shall have a brief description of the project and state that this is a ministerial application that is not subject to design review, public hearing, or discretionary review.

(3)

The zoning administrator shall render a decision on the project within sixty days of determining the project is exempt from CEQA.

(d)

Decision on the Project.

(1)

The zoning administrator shall approve the project if it complies with Section 68582.21 and the then-applicable objective standards in this chapter.

(2)

Approval of a two-unit development application is a ministerial act, and therefore is not subject to the California Environmental Quality Act.

(3)

The zoning administrator may grant an exception to the requirements of this section for a two-unit development, but only to the extent required by Government Code Section 66852.21(b) to avoid physically precluding either of the two units from being eight hundred square feet.

(4)

The zoning administrator may impose such conditions of approval that are objective, broadly applicable to housing in the town and consistent with Section 68582.21.

(5)

If the zoning administrator finds that the project is non-compliant, staff will provide the applicant with notice of the standards not met by the project and an explanation of the conflict with each such standard. The applicant may re-submit the application with corrections to achieve compliance. The zoning administrator shall review the resubmitted application and render a finding regarding compliance within thirty days.

(6)

In addition to the criteria listed in Section 18.31A.050, 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.

(7)

If the project is ineligible for processing and approval under Section 65852.21 and this chapter, the applicant may submit the project under other applicable chapters of this title.

(8)

Any modifications proposed following the approval of the project shall be submitted to the planning department for review and approval. The zoning administrator shall review the post approval project modifications to ensure the modifications comply with Section 68582.21 and the applicable objective standards in Section 18.31A.050(b) and Title 22.

(e)

Subsequent Review of the Record. The decision of the zoning administrator granting or denying a two-unit development is a ministerial decision as required by state law and shall not be subject to a public hearing. Following the decision of the zoning administrator, an interested party may request in writing a review of the record with the town clerk within ten calendar days of the date of the decision. Within ten calendar days after receipt of the request for review of the record, the town manager, or his/her designee, shall conduct a review of the record based on all documents submitted as part of the application and review process. In calculating the ten days for review of the record, the request for review will be deemed to be received on the first day that town hall is open to the public after receipt of the request. The fee to request a review shall be a flat fee of three hundred dollars. The two-unit development applicant and individual(s) filing for the review shall be notified in writing of the decision and such decision shall be final.

(f)

Subsequent Permits.

(1)

A two-unit development shall comply with applicable state and local building codes and shall require approval of a building permit. The town shall ministerially approve or disapprove a complete building permit application, without discretionary review. The following information shall be submitted with the building permit application:

(A)

For projects located in in a special flood hazard area, as indicated by the Federal Emergency Management Agency's most recent flood insurance study and accompanying maps, the applicant shall demonstrate compliance with Government Code Section 65913.4(a)(6)(G) and an elevation certificate based on construction drawings and a final elevation certificate shall be required prior to project final.

(B)

A recorded survey shall be provided to demonstrate the required setbacks and a surveyor shall verify the setback prior to completion of any foundation.

(2)

Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the town attorney, which shall run with the land and provide for the following:

(A)

A limitation restricting the property to residential uses only; and

(B)

A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty days.

The town manager or that person's designee is authorized to enter into the covenant and agreement on behalf of the town and to deliver any approvals or consents required by the covenant.

(g)

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.

(Ord. No. 1025, § 10, 12-6-2022)