The purpose of this chapter is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this chapter.

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

A.

Owners.

1.

Only individual property owners may apply for a two-unit project.

"Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2.

Any person with a mortgage interest in the property must sign the application indicating the person's consent to the project.

B.

An application for a two-unit project must be submitted on the town's approved form.

C.

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

D.

Only a complete application will be considered. The town will inform the applicant in writing of any incompleteness within thirty days after the application is submitted.

E.

The town may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

A.

An application for a two-unit project is approved or denied ministerially, by the director of building and planning, without discretionary review.

B.

The ministerial approval of a two-unit project does not take effect until the town has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C.

The approval must require the owner and applicant to hold the town harmless from all claims and damages related to the approval and its subject matter.

D.

The approval must require the owner and applicant to reimburse the town for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)

A two-unit project must satisfy each of the following requirements:

A.

Map Act Compliance. The lot must have been legally subdivided.

B.

Zone. The lot is in a single-family residential zone.

C.

Lot Location.

1.

The lot is not located on a site that is any of the following:

a.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b.

A wetland.

c.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d.

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

e.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f.

Within a one-hundred-year flood hazard area, unless the site has either:

i.

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

g.

Within a regulatory floodway unless all development on the site has received a no-rise certification.

h.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i.

Habitat for protected species.

j.

Land under conservation easement.

2.

The purpose of subsection C.1. above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Gov. Code Section 66411.7(a)(3)(C).)

D.

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a town or county landmark or as a historic property or district.

E.

No Impact on Protected Housing.

1.

The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households 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 policy power.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

2.

As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection E.1. above is satisfied.

a.

The sworn statement must state that:

b.

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

c.

No housing that is subject to any form of rent or price control will be demolished or altered.

d.

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen years will be demolished or altered.

e.

No housing that has been occupied by a tenant in the last three years will be demolished or altered.

3.

The town may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the town may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F.

Unit Standards.

1.

Quantity.

a.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this chapter of this code, an ADU, or a JADU.

b.

A lot that is not created by an urban lot split may have a two-unit project under this chapter, plus any ADU or JADU that must be allowed under state law and the town's ADU ordinance.

2.

Unit Size.

a.

The total floor area of each primary dwelling built that is developed under this chapter must be:

i.

Less than or equal to eight hundred square feet; and

ii.

More than five hundred square feet.

b.

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

c.

A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred square feet may be expanded to eight hundred square feet after or as part of the two-unit project.

3.

Height Restrictions.

a.

On a lot that is larger than two thousand square feet, no new primary dwelling unit may exceed a single story or sixteen feet in height, measured from grade to peak of the structure.

b.

On a lot that is smaller than two thousand square feet, no new primary dwelling unit may exceed two stories or twenty-two feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

c.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

4.

Demo Cap. The two-unit project may not involve the demolition of more than twenty-five percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

5.

Lot Coverage. The lots that result from an urban lot split under this chapter must comply with the lot-coverage regulations imposed through the underlying zone, except that the lot-coverage standards are only enforced to the that they do not prevent two primary dwelling units on the lot at eight hundred square feet each.

6.

Setbacks.

a.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

b.

Exceptions. Notwithstanding subpart F6a above:

i.

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii.

Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least eight hundred square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

c.

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this chapter must be at least thirty feet from the front property lines. Front setback areas must:

i.

Be kept free from all structures greater than three feet high;

ii.

Be at least fifty percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

iii.

Allow for vehicular and fire-safety access to the front structure.

7.

Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

a.

The lot is located within one-half mile walking distance of either

i.

A corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours; or

ii.

A site that contains:

(a)

An existing rail or bus rapid transit station;

(b)

A ferry terminal served by either a bus or rail transit service; or

(c)

The intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods.

b.

The site is located within one block of a car-share vehicle location.

8.

Architecture.

a.

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

b.

If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

c.

All exterior lighting must be limited to down-lights.

d.

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

e.

If any portion of a dwelling is less than thirty feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9.

Landscaping.

a.

Tree Removal.

i.

No tree may be removed on a lot with any development under this chapter unless removal is necessary to constructing a dwelling unit that must be allowed under state law.

ii.

"Tree" means any woody plant which has a trunk with a diameter of twelve inches or more measured at four feet, six inches above natural grade.

iii.

A tree may only be removed under subsection J.9.a. above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.

b.

Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:

i.

At least one fifteen-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant shall be provided for every ten linear feet of exterior wall.

ii.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

iii.

All landscaping must be drought-tolerant.

10.

Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

11.

Utilities.

a.

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

b.

Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

12.

Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this chapter is a change of use and subjects the whole of the lot, and all structures, to the town's current code.

G.

Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

1.

It must have direct access to a public right of way with a paved street with a width of at least forty feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

2.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

3.

All enclosed structures on the site must have fire sprinklers.

4.

All sides of all dwellings on the site must be within a one-hundred-fifty-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.

5.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least five thousand gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

H.

Separate Conveyance.

1.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

2.

Condominium airspace divisions and common interest developments are not permitted within the lot.

3.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

4.

No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

I.

Regulation of Uses.

1.

Residential-only. No non-residential use is permitted on the lot.

2.

No STRs. No dwelling unit on the lot may be rented for a period of less than thirty days.

3.

Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

J.

Notice of Construction.

1.

At least thirty business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

a.

Notice that construction has been authorized;

b.

The anticipated start and end dates for construction;

c.

The hours of construction;

d.

Contact information for the project manager (for construction-related complaints); and

e.

Contact information for the building and safety department.

2.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the town has no discretion in approving or denying a particular project under this chapter. This notice requirement is purely to promote neighborhood awareness and expectation.

K.

Deed Restriction. The owner must record a deed restriction, on a form approved by the town, that does each of the following:

1.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.

2.

Expressly prohibits any non-residential use of the lot.

3.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4.

If the lot is not created by an urban lot split: expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

5.

If the lot is created by an urban lot split: States that the property is formed by an urban lot split and is therefore subject to the town's urban lot split regulations, including all applicable limits on dwelling size and development.

6.

States that development on the lot is limited to development of residential units under Chapter 17.54 of this code, except as required by state law.

L.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this chapter, the town may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2.

"Specific adverse impact" has the same meaning as in Gov. Code Section 65589.5(d)(2): "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" and does not include:

a.

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

b.

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

3.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

M.

Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2.

The town may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the town's code.

(Ord. No. 779, § 3(Exh. B), 12-13-2021; Ord. No. 781, § 3(Exh. B), 1-10-2022)