Inyo County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 18
84 SB9 DISTRICTS-TWO-UNIT DEVELOPMENT
§ 18.84.010 Purpose and intent.
"The purpose of this chapter is to regulate Senate Bill 9 (SB9) Two-Unit Developments within defined single-family residential zones as provided by Government Code Section 65852.21 in order to allow for ministerial approval of certain two-unit development projects.
(Ord. No. 1306, 7/9/2024)
§ 18.84.020 Definitions.
For purposes of this chapter all terms shall have the meanings given in Government Code Section 65852.21 unless otherwise defined herein. The following definitions shall apply:
means an accessory dwelling unit as defined by Title 18.
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.
means a junior accessory dwelling unit as defined by Title 18.
means a county.
has the meaning set forth in Health and Safety Code Section 50079.5.
has the meaning set forth in Health and Safety Code Section 50093.
means R-1 Zones (One-Family Residences), RR Zones (Rural Residential) and OS Zones (Open Space) as defined in Title 18 of the Inyo County Code, for which single-family residences are the only dwelling unit allowed, and which does not allow two-family residences or multifamily residences, and is located in the Bishop urbanized area, but does not include the areas of the city of Bishop or the Bishop Paiute Indian Reservation. The Bishop urbanized area is determined by the U.S. Census, and this boundary, current at the time of application, will be used to determine if the application qualifies for an urban lot split. This district's urbanized zone(s) shall be updated by reference with each decennial update by the U.S. Census Bureau.
means a development that proposes up to two primary units on a single-family zoned parcel in accordance with California Government Code Section 65852.21 and this chapter. Each primary unit developed under SB9 two-unit development is allowed one ADU or JADU.
means a SB9 subdivision of an existing single-family parcel into no more than two separate parcels that meets all the criteria and standards set forth in Title 16.
has the meaning set forth in Health and Safety Code Section 50105.
(Ord. No. 1306, 7/9/2024)
§ 18.84.030 Urban lot split.
§ 18.84.040 Two-unit development.
A.
Application Review. The planning department shall ministerially review an application for a two-unit development and shall approve the application if all applicable requirements are met, including, but not limited to, the criteria in Government Code Section 65852.21 and this chapter.
B.
Lot Location. The planning department shall determine if the two-unit development meets all the following location requirements:
1.
The parcel shall be located within a single-family residential zoning district.
2.
The two-unit development shall not be located on a site that is any of the following:
a.
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.
b.
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c.
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 subparagraph does not apply to sites excluded from the specified hazard zones by the county, pursuant to subdivision (b) of Section 51179 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.
d.
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.
e.
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 the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f.
Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-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 is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the county 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 county that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (i) the site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the county; or (ii) 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.
g.
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 is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the county 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 county that is applicable to that site.
h.
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. § 1531 et seq.), or other adopted natural resource protection plan.
i.
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. § 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).
j.
Lands under conservation easement.
C.
No Impact on Protected Housing: The proposed two-unit development shall not require 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.
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 submits an application.
4.
Housing that has been occupied by a tenant in the last three years.
5.
The proposed two-unit development does not include the demolition of more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
D.
Lot and Unit Standards. For two-unit development proposed on a parcel shall comply with all objective zoning 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 planning director, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units on the parcel or that would physically preclude either of the two units from being at least 800 square feet in floor area. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet on the parcel.
2.
Notwithstanding subsection (D)(1), above, required rear and side yard setbacks may equal five feet as necessary to be consistent with current standards, unless a four-foot setback is necessary to fit two 800-square-foot dwelling units on a parcel as required by SB9. 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.
3.
Front yard setbacks may be reduced to 10 feet.
4.
Dwelling units created by a two-unit development shall be used for residential uses only and shall not be used for rentals of less than 30 days.
E.
Utilities and Services.
1.
The proposed two-unit development shall provide a separate gas, electric and water utility connection directly between each primary dwelling unit and the utility. The applicant is responsible for providing the required easements.
2.
For a two-unit development connected to an onsite wastewater treatment system (septic), the applicant may be required to provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years based upon review by the Inyo County department of health.
3.
Proposed adjacent or connected dwelling units shall be allowed if they meet building code safety standards and are designed to sufficiently allow separate conveyance.
F.
G.
Deed Restrictions. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the county counsel, which shall run with the land and provide for the following:
1.
A limitation restricting the property to residential uses only.
2.
A requirement that any dwelling units on the property shall be rented or leased only for a period of longer than 30 days.
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.
The county administrator or designee is authorized to enter into the covenant and agreement on behalf of the county and to deliver any approvals or consents required by the covenant.
5.
No removal or modification of the recorded deed restrictions shall occur without county approval, or state laws that supersede current deed restriction requirements.
H.
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.
I.
Enforcement. The county 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 to include Title 22 of the Inyo County Code. Remedies provided for in this chapter shall not preclude the county from any other remedy or relief to which it otherwise would be entitled under law or equity.
J.
Expiration of Approval. The approval of a SB9 two-unit development shall become null and void if construction is not commenced within one year of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.
(Ord. No. 1306, 7/9/2024)