The purpose of this Chapter is to implement California Government Code Sections 65852.21 and Gov. Code 66411.7 (commonly referred to as: SB 9) without superseding or in any way altering or lessening the effect or application of the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.) and the City's Local Coastal Program; and to establish objective design standards for the development of residential structures on single residential zoned lots conforming to State law. Should State law change, the City reserves the right to make further modifications to these standards to bring this Chapter in conformity with new State requirements.

The intent of this Chapter is to comply with the requirements of State housing laws, while retaining the character of the City's single-dwelling neighborhoods. Equal to meeting these housing law obligations is ensuring that no unavoidable adverse impacts occur to the public health, safety, or general welfare of its residents or to the City's sensitive coastal resources.

This Chapter prescribes objective standards for the approval of such units and Urban Lot Splits and the circumstances in which a development may be prohibited. For example, the proposed development may be denied if it conflicts with the certified LCP, or if applicable, the public access provisions of the Coastal Act, or where the proposed development is located within a Severe Wildfire Hazard Area, unless the zone allows residential development and the applicant demonstrates that all applicable safety precautions will be taken for construction of the development.

(Ord. No. 996, § 1, 6-19-2023; Ord. No. 1018, § 1, 6-2-2025)

Senate Bill 9 (SB 9) means a state law passed by the California State Senate and approved by the Governor on September 16, 2021. The legislation amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.

Senate Bill 9 (SB 9) Development Project means a project proposing the development of Two Primary Dwelling Units and/or an Urban Lot Split pursuant to SB 9.

Two Unit Residential Development means a proposed SB 9 housing development that includes no more than two residential units developed on one lot that is currently zoned as single residential. And where two primary dwelling units are each designed with separate and fully functioning: Living, sleeping, eating, cooking; and has amenities and is connected to sanitation and other utilities. The residential units must be independent living structures used by one or more persons, and where neither unit requires the use of the other unit's living amenities or utilities.

Urban Lot Split means a parcel map subdivision that creates no more than two new parcels of approximately equal lot area, but in no case smaller than 40 percent of the other subject lot, and where both lots meet the requirements of this Chapter and Chapter 24.66. Both newly created parcels are to be no smaller than 1,200 square feet.

Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.21, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.

Acting in Concert with the Owner 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.

(Ord. No. 996, § 1, 6-19-2023; Ord. No. 1018, § 2, 6-2-2025)

A.

This Chapter applies to proposed development on properties located within a single dwelling unit zone (R1-40, R1-14, R1-10, R1-5), except as prohibited per Section (B). In accordance with Section (B), proposed development shall be prohibited in zones R1-10B and R1-5B, which are located entirely within the Floodplain Overlay Zone.

B.

To ensure that no adverse unavoidable impacts occur to public health and safety, coastal resources, or impede public access to coastal resources, proposed development in locations listed below shall not be eligible to utilize or benefit from this Chapter. Where such circumstances apply all existing discretionary review processing requirements, zoning requirements, and maximum density per the General Plan and certified Local Coastal Program shall apply where the:

1.

Proposed development is located on a lot that is 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.

Proposed development on lots containing wetlands or their buffers, as defined by either Coastal Commission regulation section 13577(b) (Cal. Code of Regs., tit. 14) or the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993 or as revised), or other environmentally sensitive habitats as defined by Section 30.75.030, including those lands that have been conserved by dedication in fee title, easement covenants, or other forms of conservation easements.

3.

Proposed development that is located on a lot having habitat for protected species identified as either a candidate, sensitive, or species of special status by state or federal agencies, or otherwise fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec 1531 et seq. or as amended), 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), which includes but is not limited to proposed development located on any one of the following Overlay zones:

a.

Coastal Bluff Overlay Zone.

b.

Bluff, Slope, and Canyon Overlay Zone.

c.

Lagoon Overlay Zone.

d.

Open Space Overlay Zone.

e.

Historic Preservation Overlay.

4.

Proposed development on a lot that falls entirely or partially within a mapped Special Flood Hazard Area identified on the most recent FEMA Flood Insurance Rate Map ("FIRM").

5.

Consistent with existing codes, proposed development on a lot that falls entirely or partially within a mapped Very High Fire Hazard Severity Zone and does not have at least two emergency evacuation routes, an evacuation map specific to the parcel, or that cannot otherwise be mitigated to avoid loss of human life.

6.

Proposed development on a lot within a delineated earthquake fault zone as determined by the State Geologist in adopted maps published by the California 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.

7.

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.

8.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Government Code Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

9.

Proposed development that would require demolition of an existing dwelling unit 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; or demolition of a dwelling unit that has been occupied by a tenant in the last three years. An applicant must demonstrate whether an existing house on a property implementing an Urban Lot Split or altered to accommodate two dwelling units was owner occupied or rented by a tenant to the Director's satisfaction, including but not limited to the execution of an affidavit that is subject to the laws of perjury.

10.

Proposed development that requires the demolition of more than 25 percent of the existing exterior structural walls of a dwelling unit unless the existing unit has not been occupied by a tenant in the last three years from the date of application submittal. Dwelling units not occupied by a tenant in the last three years from the date of application submittal shall be limited to a maximum 50 percent demolition of existing exterior structural walls.

11.

Projects proposing an Urban Lot Split shall not be eligible to construct Accessory Dwelling Units or Junior Accessory Dwelling Units consistent with Government Code Section 65852.21 and Section 65852.2 as amended. Each resulting lot shall not contain more than two dwelling units. For Urban Lot Splits with an existing Accessory Dwelling Unit or a Junior Accessory Dwelling Unit on-site, those units shall be considered dwelling units for the purposes of this Chapter.

12.

On sites that have been established through prior entitlement of an Urban Lot Split; or when the owner of a parcel being subdivided and 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.

13.

Proposed development located within the North Beach District as identified in the Community Plan that due to flood hazards, limited public access to coastal resources, and impediments to public recreation.

(Ord. No. 996, § 1, 6-19-2023; Ord. No. 1018, § 3, 6-2-2025)

A.

An applicant seeking to utilize the provisions of this Chapter shall propose development in accordance with the primary dwelling unit regulations in Section 30.93.050, Section 30.93.060, Chapter 23.07, and Chapter 24.66.

B.

Any application pursuant to this Chapter may be denied by the City upon the making of written findings establishing by a preponderance of the evidence that the proposed development would have a specific, adverse impact upon public health and safety, coastal resources, or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

As used in this paragraph, a "specific, adverse impact" means 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. The following shall not constitute a specific, adverse impact upon the public health or safety where also consistent with the LCP:

1.

Inconsistency with the zoning ordinance or general plan land use designation.

2.

The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.

(Ord. No. 996, § 1, 6-19-2023; Ord. No. 1018, § 4, 6-2-2025)

A lot in a single dwelling unit zone that meets the criteria in Section 30.93.030 shall be permitted to develop up to two primary dwelling units per lot by submitting an application for an Administrative Coastal Development Permit. The issuance of an Administrative Coastal Development Permit will not require any public hearings. The application shall be consistent with Section 30.75.080(E) and meet the following requirements:

A.

The development regulations of the base zone in which the lot is located shall apply, except as otherwise specified in this Section:

1.

The maximum permitted density shall be two dwelling units per lot. Units developed subject to this Section shall not be separately conveyed.

2.

The dwelling units may be attached to or detached from one another, provided that the structure(s) meet building code safety standards.

3.

Individual dwelling units developed in accordance with this Chapter shall not exceed a range of 800—1,000 square feet, as further defined in Section 30.93.050(A)(6)(b) of this Chapter.

4.

Dwelling units developed in accordance with this Chapter shall be one-story and shall not exceed 16 feet in height, as measured pursuant to DMMC Section 30.04.080 (a). Excluded features are any new roof decks or balconies located upon a new structure.

5.

Basements, as defined by DMMC Section 30.04.020 (c), are not permitted.

6.

Setbacks:

a.

An existing accessory building structure may be converted to a dwelling unit regardless of its existing location with respect to the property line. A new dwelling unit that is constructed in the same location and to the same dimensions as an existing accessory building structure may continue to observe the same setbacks as the structure it replaced.

b.

New primary dwelling unit structures that comply with the setbacks of the base zone and minimum six-foot building separation shall be allowed 801-1,000 square feet of building area. A primary dwelling unit with a maximum gross floor area of 800 square feet shall not be permitted closer than four feet from interior side and rear property lines.

c.

New dwelling unit structures must comply with the front and street side yard setbacks of the base zoning designation.

7.

Dwelling units, including exterior building features and accessory structures, must comply with the Objective Design Standards pursuant to Chapter 23.07. Dwelling units, exterior building features and accessory structures that are not consistent with Chapter 23.07 and are not otherwise required by the California Building Code for a dwelling unit shall be subject to the objective requirements of Design Review in accordance with Chapter 23.08.

8.

Parking:

a.

One parking space is required for each unit created pursuant to this Chapter, unless the parcel upon which the unit is within one-half mile walking distance of a high-quality transit-corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3, or there is a car share vehicle located within one block of the project. The required parking spaces may be enclosed or unenclosed.

b.

If a two-unit residential development replaces an existing garage or other required parking, replacement parking spaces shall be provided on-site in accordance with the requirements of DMMC Chapter 30.80 and the certified LCP only if the loss of the off-street parking supply has a significant effect on public access to the shoreline. The new parking space(s) may be covered or uncovered. No off-street parking requirements apply to any development proposed within one-half mile of a major transit stop, as defined in Public Resources Code Section 21064.3.

c.

Unenclosed or enclosed parking spaces shall not be located within required setback areas and shall be located on an improved surface such as but not limited to paving, hardscape, or decomposed granite. If an applicant cannot comply with this requirement due to physical site constraints, the applicant shall provide all necessary information required by the City to reasonably demonstrate that it is infeasible to provide the required parking outside of the required setback area.

d.

The design of parking spaces shall comply with DMMC Section 30.80.060.

B.

Accessory dwelling units consistent with Government Code Section 65852.21 and Section 65852.2, as amended, proposed in conjunction with dwelling units subject to this Section and are not subdivided through an Urban Lot Split shall be detached from primary dwelling units and shall maintain a minimum six foot separation from other structures on-site. Junior Accessory Dwelling Units shall be contained within the existing or proposed floor area of a primary dwelling unit.

C.

Prior to the issuance of a building permit for a Two Unit Residential Development, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

1.

A lot that utilizes the provisions of this Section shall be limited to residential uses only.

2.

Rental of units shall be for a term more than thirty (30) consecutive days. Rentals of 30 days or less are prohibited. 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 or related tenant.

3.

At least one of the dwelling units in a project (Two Unit Residential Development or Urban Lot Split) subject to this Chapter shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of land inclusive of the affordable units shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing).

(Ord. No. 996, § 1, 6-19-2023; Ord. No. 1018, § 5, 6-2-2025)

A.

A parcel located in single dwelling unit zone(s) that meet the applicability criteria set forth in Section 30.93.020, shall be permitted to subdivide an existing lot into no more than two separately conveyable lots, herein referred to as an "Urban Lot Split," by the owner submitting an application for an Administrative Coastal Development Permit in accordance with Section 30.75.080(E) and a Parcel Map in accordance with Chapter 24.66, without the requirement of a public hearing. Only legally established lots subdivided through an Urban Lot Split are allowed to be separately conveyed. Individual dwelling units located within a SB 9 lot spilt shall not be conveyed or sold separately.

B.

The proposed Urban Lot Split shall comply with the requirements in Chapter 30.75 applicable to processing of an Administrative Coastal Development Permit.

C.

The Director of Planning and Community Development shall approve, conditionally approve, or deny an Urban Lot Split within 50 days after the tentative map has been deemed complete.

D.

Urban Lot Splits shall be limited to a maximum of two dwelling units per each lot. Lots subdivided under an Urban Lot Split are not eligible for Accessory Dwelling Units or Junior Accessory Dwelling Units. For Urban Lot Splits that contain existing Accessory Dwelling Units or Junior Accessory Dwelling Units on-site, those units shall be considered a dwelling unit for the purposes of this Chapter.

E.

New construction for Two Unit Residential Development on lots created under an Urban Lot Split shall comply with the objective development standards contained within the underlying zoning designation, Section 30.93.50, and Chapter 23.07.

F.

A lot that utilizes the provisions of this Section shall be limited to residential uses only. The dwelling units shall not be rented for less than 30 days. 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 or related tenant.

G.

Prior to the recordation of the parcel map for an Urban Lot Split, the owner shall record a deed restriction with the County Recorder and file the recorded deed restriction with the City, acknowledging the applicable use limitations that shall run with the land. The deed restriction shall include the following text:

1.

The record owner shall reside in one of the dwelling units on either of the lots created by the Urban Lot Split as their primary residence for a minimum of three years from the date of approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a "community land trust," as defined in California Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) or is a "qualified nonprofit corporation" as described in California Revenue and Taxation Code Section 214.15.

2.

Rental of units shall be of a term of more than 30 consecutive days—less are prohibited. 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 or related tenant.

3.

A maximum of two dwelling units shall be permitted on each lot, either as two primary units, or a primary unit and an Accessory Dwelling Unit, or a primary unit and a Junior Accessory Dwelling Unit; however, at no time shall an entitled Urban Lot Split exercise all provisions in Government Code Sections 65852.21 and 66411.7.

4.

Any subsequent Urban Lot Split of land that was previously subdivided by an Urban Lot Split shall be prohibited.

5.

At least one of the dwelling units (including all units on the lot or subdivided lots subject to this Chapter) shall be rented or sold to very low or lower income households, as defined by Sections 50105(a) or 50079.5 of the CA Health and Safety Code. In a form approved by the City, any transfers of subdivided land and inclusive of any affordable unit shall be subject to a deed restriction for not less than 55 years ensuring continued affordability of the units consistent with this Chapter and Chapter 24.21 (Inclusionary Housing).

(Ord. No. 996, § 1, 6-19-2023; Ord. No. 1018, § 6, 6-2-2025)

Should a court of competent jurisdiction determine that these regulations are void or if certain terms or provisions are voided, then those regulations shall either become void in their entirety or where the courts have determined that certain terms or provisions are void by operation of the law then those terms and provisions shall have no force or effect.

(Ord. No. 996, § 1, 6-19-2023)