The purpose of this Chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A.

Notwithstanding any other provision of this Code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this Chapter.

B.

An application for a second unit or a two-unit development shall be reviewed by the Planning Director through the administrative site and architectural review process, as described in Chapter 18.63, and the decision may be appealed in accordance with Subsection 18.63.020(C).

C.

Notwithstanding Subsection A, the City may deny an application for a second unit or two-unit development if the Building Official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in Subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D.

At least seven days prior to making a determination on an application for a second unit or two-unit development, the Planning Director shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

Proposed second units and two-unit developments:

A.

Shall be located in the RH, R1-20, R1-10, or R1-7.2 zoning district;

B.

Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K):

1.

Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure;

2.

Wetlands;

3.

Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures;

4.

A hazardous waste site that has not been cleared for residential use;

5.

Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards;

6.

Within a special flood hazard area subject to inundation by a 100-year flood, unless:

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 flood plain management criteria of the National Flood Insurance Program;

7.

Within a regulatory floodway, unless the development has received a no-rise certification;

8.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

9.

Habitat for protected species; or

10.

Land under a conservation easement;

C.

Shall not require or allow the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

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

D.

Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years;

E.

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

F.

Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:

A.

Configuration. A second unit may be attached to or detached from the other primary dwelling unit on the parcel, subject to Subsections C and D of Section 18.65.030. Subject to the requirements of this Chapter, a second unit may be added to a parcel either by:

1.

The construction of a new residential dwelling unit;

2.

The conversion of an existing structure into a residential dwelling unit; or

3.

The bifurcation of an existing residential dwelling unit into two separate residential dwelling units.

B.

Size. A second unit, and both of the units in a two-unit development, are subject to the following size limitations:

1.

There is no maximum size limit.

2.

Second units and both units in a two-unit development shall comply with setback requirements, the minimum separation between detached units in Subsection (E), the open space requirements and maximum lot coverage requirements applicable to the parcel on which each unit is located, and all other development standards in this Section 18.65.040.

3.

A second unit shall not be larger than an existing primary unit on the same lot.

4.

Notwithstanding Subsections (B)(2) and (B)(3), and with the exception of the side and rear setback requirements, the City will not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area.

C.

Height. A second unit, and both of the units in a two-unit development, are limited to two stories, or to one story if built on top of a one-story structure.

D.

Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least four feet from the side and rear lot lines.

E.

Separation Between Detached Units. There shall be at least 15 feet of separation between the walls of second units, and each unit of a two unit development, and walls of other detached structures on the same parcel.

F.

Parking.

1.

One new on-site off-street parking space is required for a second unit and one new on-site off-street parking space per unit is required for each unit of a two-unit development. Such parking spaces shall be in addition to all existing parking spaces on the parcel.

2.

Notwithstanding Subsection F.1, no parking spaces are required for a second unit or a two-unit development if either:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b.

There is a car share vehicle located within one block of the parcel.

G.

Wastewater; Water Service.

1.

Sewer. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, the City Engineer shall inspect existing sewer lines and determine the sewer capacity limits. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, and/or other objective sewer or septic system requirements in local or state law, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

2.

Septic System.

a.

If a parcel relies on an onsite wastewater treatment system, and it is within 200 feet of an existing sewer system, then all existing and proposed units on the parcel shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development.

b.

If the City determines that the second unit would exceed the current capacity of the onsite wastewater system or result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City waste disposal system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements.

c.

If a proposed second unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then all existing and proposed units on the parcel shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. If such disconnection and connection is not possible, or would require off-site improvements, then the Building Official, or designee, shall consider whether such circumstances are grounds for denial of the proposed project pursuant to Subsection 18.65.020.C.

3.

A second unit, and both of the units in a two-unit development, shall each have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s).

H.

Separate Entrances; Pathway. A second unit, and both of the units in a two-unit development, shall each have a separate entrance. Furthermore, each second unit, and each units in a two-unit development, shall have an unobstructed pathway, constructed of impermeable materials, leading up to its main entrance, sufficient to provide access to the unit by public safety personnel and the resident of the unit.

I.

Unobstructed Area Adjacent to Unit. There shall be at least four feet of unobstructed space adjacent to each exterior wall of a second unit and each unit of a two-unit development in order to ensure that the unit is accessible by public safety personnel. This space shall remain unobstructed at all times.

J.

Additional Development Standards. Except as provided in Subsections A through I, second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A.

This Chapter does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this Subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling units.

B.

Notwithstanding any other provision in this Chapter, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A.

Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

B.

The architectural design and detailing, roof material, roof pitch, exterior color, and finish materials of a second unit shall be the same as those of the primary dwelling unit, except that a flat roof shall not be permitted even if all or a portion of the roof on the primary dwelling is flat. Both units of a two-unit development shall have the same roof material, roof pitch, exterior color, and finish materials. The roof shall have a minimum 16-inch overhang, except that the outermost edge of the roof shall be at least three feet from any side or rear lot line.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

A.

Second units and both units in a two-unit development shall not be rented for a term of less than 31 consecutive days.

B.

Unless the owner of the property provides the City with an annual certification that a unit is owner-occupied, second units and both units in a two-unit development shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-Owner Occupied/Rental Property Program).

C.

A second primary unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a two-unit development may not be turned into condominiums or otherwise sold separately from one another.

(Ord. No. 338, § 16, 5-24-2022; Ord. No. 336-U, § 18, 1-25-2022)

As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second unit or two-unit development, the property owner shall execute a deed restriction, in a form approved by the City Attorney, which shall be recorded on the property, at the property owner's cost, and shall require that the second unit or two-unit development only be used and developed in accordance with the requirements in this Chapter. Violation of the deed restriction shall be considered a violation of this Code and may be enforced in a manner that this Code may be enforced.

(Ord. No. 338, § 16, 5-24-2022)

As a condition of receiving a certificate of occupancy for a second unit or two-unit development, the applicant shall pay development impact fees in an amount established by City Council resolution.

(Ord. No. 338, § 16, 5-24-2022)