Millbrae City Zoning Code
ARTICLE XXXV
Objective Standards And Affordability Requirements For Two-unit Residential Development And Urban Lot Splits In Single-family Residential Zones
§ 10.05.3505 Purpose and intent.
The purpose of this article is to establish objective standards, regulations, and affordability requirements to govern two-unit residential development and urban lot splits pursuant to Senate Bill 9 (2021) (SB 9). The enactment of these standards, regulations, and affordability requirements will ensure the orderly subdivision and development of SB 9 projects in single-family residential zones of the city, and result in increased affordable housing throughout the city.
(Ord. 804 § 5)
§ 10.05.3510 Definitions.
A. "Accessory dwelling unit" or "ADU"
is as defined in MMC § 10.05.3200(A).
C. "Building"
means any structure completely enclosed by walls and a roof.
D. "Dwelling unit"
means an affordable SB 9 dwelling unit, primary dwelling unit, and SB 9 dwelling unit.
E. "Flag lot"
means a lot of a certain shape, where the driveway is provided along the long narrow "flag pole," and the shape of the lot is similar to that of a flag.
F. "Floor area ratio (FAR)"
means the gross floor area divided by the net site area. The floor area of a room with a ceiling greater than nine feet in height shall be calculated as the product of the overall height multiplied by the horizontal floor area and divided by eight; however, in cases where the ceiling slopes at three to twelve or greater, the uppermost five feet will be excluded from the calculation.
G. "Gross floor area"1. 2. 3. 4. 5. 6.
means the total horizontal area of all floors of all buildings on a site, as measured to the outside surface of all exterior walls. The measurement shall also include the following:
Crawlspace area greater than two feet above exterior grade shall be calculated by multiplying the horizontal floor area by the average height of the area, as determined by the height of the finished floor above to the respective corner exterior grade of the building, deducting two feet to allow for typical height of crawlspace and floor joists, and dividing by eight; however, no negative crawlspace area calculation will be considered.
The portion of the floor area with a ceiling height of five feet or greater in an attic with a roof slope of three to twelve or greater.
The area of atriums, covered and enclosed courtyards, covered decks, covered patios, and covered balconies.
The area of all uncovered decks and balconies with a floor height above finished grade of seven feet or more.
One-half of the area of covered patios, decks and balconies with a floor height less than seven feet above finished grade.
The area of unenclosed front entry porches, and portions thereof, at least ten feet deep.
H. "Junior accessory dwelling unit" or "JADU"
means a unit that is no more than five hundred square feet in size and contained entirely within a single-family dwelling or attached garage. A junior accessory dwelling unit shall contain at least an efficiency kitchen that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit is not an accessory structure, as defined in MMC § 10.05.0200, nor is it subject to the requirements of Article XX of this chapter.
I. "Low-income household"
means a household with income(s) no greater than the maximum income for low-income households applicable to San Mateo County as defined in California Health and Safety Code Section 50079.5 and published annually for each household size, by the California Department of Housing and Community Development (HCD) in California Code of Regulations Title 25, Section 6932 (or its successor provision).
K. "Net site area"
means the total horizontal area of a legal lot which:
L. "Primary dwelling unit"
means a single-family residence or a residential unit within a multifamily residential development. A primary unit is distinct from an ADU or a junior ADU. Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.
N. "SB 9 project"
means a project application submitted to the city, pursuant to SB 9, and in accordance with this article, state law, and applicable MMC provisions, to do one or more of the following: (1) split a single-family residential parcel into two lots; (2) develop no more than two new SB 9 dwelling units on each lot; and/or (3) add one new SB 9 dwelling unit to a primary dwelling unit.
P. "Two-unit residential development"
means a development that proposes no more than two new SB 9 dwelling units or proposes to add one new SB 9 dwelling unit to a primary dwelling unit.
(Ord. 804 § 5)
§ 10.05.3515 Applicability.
Notwithstanding any other provision of the MMC, the provisions of this article will apply to urban lot splits and two-unit residential developments proposed pursuant to SB 9. Except as expressly provided in SB 9 or this article, all other state laws and regulations, and the MMC, pertaining to the underlying zone of a property developed pursuant to SB 9, apply. If there is a conflict between the standards and regulations contained in this article and those set forth in the MMC, the provisions of this article will prevail until this article is amended or superseded.
(Ord. 804 § 5)
§ 10.05.3520 Covenant required.
All urban lot splits and two-unit residential developments pursuant to SB 9 require a recorded covenant against each parcel.
A.
Urban lot splits require a covenant containing the following terms, to be executed and recorded prior to the approval and recordation of the parcel map:
1.
A prohibition against further subdivision of the parcel using the urban lot split procedures in this article;
2.
A prohibition on nonresidential uses of any SB 9 dwelling unit(s) developed or constructed on either resulting parcel;
3.
A requirement that a rental or lease of any SB 9 dwelling unit(s) developed or constructed on either resulting parcel must be for a period of at least thirty consecutive days; and
4.
Affordability requirements set forth in MMC § 10.05.3555, if applicable.
B.
Two-unit residential developments require a covenant containing the following terms, to be executed and recorded prior to the issuance of any required building permit(s):
1.
A prohibition on nonresidential uses of any SB 9 dwelling unit(s) developed or constructed;
2.
A requirement that a rental or lease of any SB 9 dwelling unit(s) developed or constructed must be for a period of at least thirty consecutive days; and
3.
Affordability requirements set forth in MMC § 10.05.3555, if applicable.
(Ord. 804 § 5)
§ 10.05.3525 Affidavits required.
A.
Owner Occupancy Affidavit. The applicant for an urban lot split must sign an affidavit, in the form approved by the city attorney, stating 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 will 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.
B.
Housing Affidavit for an Urban Lot Split. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an urban lot split must sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed below exist and must 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).
The proposed lot split would 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 California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen 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.
C.
Housing Affidavit for a Two-Unit Residential Development. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit residential development must sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed below exist and must 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).
The proposed two-unit residential development would not require demolition or alteration of any of the following types of housing:
1.
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.
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 California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen 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.
D.
Additional Affidavit. The owner and applicant must 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.
(Ord. 804 § 5)
§ 10.05.3530 Urban lot splits administration and qualifying criteria.
A.
Urban Lot Splits Administration. The city will ministerially review an application for a parcel map that subdivides an existing parcel in the following single-family zoning districts: single-family residential large lot ("R-1LL") district and the single-family residential ("R-1") district to create no more than two new parcels in an urban lot split as provided by Government Code Section 66411.7 and this section. The community development director will be responsible for determining whether an urban lot split meets the requirements for ministerial approval under this section. Within the time required by the Subdivision Map Act, the community development director will determine if the parcel map for the urban lot split meets all the following requirements:
1.
The parcel proposed to be subdivided to create an urban lot split will be located within the single-family residential large lot ("R-1LL") district and the single-family residential ("R-1") district.
2.
The parcel proposed to be subdivided to create an urban lot split will 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 subsection does not apply to sites excluded from the specified hazard zones by the city, 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 (one-hundred-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 subsection, the city will 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 city that is applicable to that site. A development may be located on a site described in this subsection 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 city; 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 subsection and is otherwise eligible for streamlined approval under this section, the city will 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 city 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. Sec. 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 1 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j.
Lands under conservation easement.
(Ord. 804 § 5)
§ 10.05.3535 Urban lot splits objective standards.
The following objective standards and regulations apply to all urban lot splits under this chapter:
A.
A parcel map application must be submitted to the city for all proposed urban lot splits.
B.
The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
1.
Housing that is subject to a recorded covenant 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 California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen 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.
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.
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 city landmark or historic property or historic district pursuant to a city ordinance.
D.
The parcel being subdivided has not been created by an urban lot split as provided in this article.
E.
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided a parcel that shares a common interior lot line using an urban lot split as provided in this article.
F.
Lot Standards.
1.
The urban lot split will create no more than two new parcels of approximately equal area; provided, that one parcel may not be smaller than forty percent of the lot area of the original parcel proposed for subdivision.
2.
In no instance may any resulting parcel created by the urban lot split be smaller than one thousand two hundred square feet in area.
3.
Each resulting parcel will have access to, provide access to, or adjoin the public right-of-way.
4.
Easements with a minimum width of twelve feet for access and public and private utilities will be provided for any newly created parcel that does not front a public or private street.
5.
A lot created through an urban lot split that fronts on a public street must provide at least a twenty-five-foot lot frontage along a public street.
6.
A flag lot, or a lot with a narrow projecting strip of land (e.g., less than twenty-five feet along a public street), extending along a street, is not permitted.
G.
Compliance With Subdivision Map Act. The urban lot split will conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of off-site improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities.
H.
Additional Objective Standards.
1.
No more than two primary dwelling units may be located on any lot created by an urban lot split.
2.
ADUs and JADUs are not permitted on lots that have been created by an urban lot split, where there are two primary dwelling units on the lot.
3.
Affordability requirements set forth in MMC § 10.05.3555.
I.
Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the chief 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. 804 § 5)
§ 10.05.3540 Two-unit residential development administration and qualifying criteria.
A.
Two-Unit Residential Development Administration. The city will ministerially review without a hearing an application for a two-unit development in the single-family residential large lot ("R-1LL") district and the single-family residential ("R-1") district as provided by Government Code Section 65852.21 and this section. The community development director will be responsible for determining whether a two-unit development meets the requirements for ministerial approval under this section.
1.
The parcel must be located within the single-family residential large lot ("R-1LL") district or the single-family residential or "R-1" district.
2.
The two-unit residential development may 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 subsection does not apply to sites excluded from the specified hazard zones by the city, 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 any local 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 (one-hundred-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 subsection, the city will 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 city that is applicable to that site. A development may be located on a site described in this subsection 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 city; 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 subsection and is otherwise eligible for streamlined approval under this section, the city will 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 (city/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. Sec. 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.
3.
Notwithstanding any provision of this section (other than subsection E of this section) or any local law, the proposed two-unit residential development must 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.
If any existing dwelling unit is proposed to be demolished, the applicant must comply with the replacement housing provisions of Government Code Section 66300(d).
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 to withdraw accommodations from rent or lease within the last fifteen years before the date that the development proponent submits an application.
5.
The proposed two-unit residential 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 residential 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 city landmark or historic property or historic district pursuant to a city ordinance.
(Ord. 804 § 5)
§ 10.05.3545 Two-unit residential development objective standards.
The following objective standards and regulations apply to all two-unit residential developments under this article:
A.
A two-unit residential development application must be submitted to the city for all proposed two-unit residential developments.
B.
Only two primary dwelling units may be located on a lot created through an urban lot split that utilizes the two-unit residential development provisions set forth in this article and in SB 9.
C.
Affordability requirements set forth in MMC § 10.05.3555.
D.
Accessory dwelling units are prohibited on properties developed with two-unit residential developments.
(Ord. 804 § 5)
§ 10.05.3550 SB 9 dwelling unit objective standards.
The following objective standards and regulations apply to all SB 9 dwelling unit(s) that are developed under the provisions of this article:
A.
Setbacks. Any SB 9 dwelling unit constructed must have the following setbacks:
1.
Front: twenty feet.
2.
Interior and street side: minimum four-foot setback. This section does not apply to a SB 9 dwelling unit constructed in the same location and to the same dimensions as an existing legal dwelling.
3.
Rear: minimum four-foot setback. This section does not apply to a SB 9 dwelling unit constructed in the same location and to the same dimensions as an existing legal dwelling.
4.
All portions of the SB 9 dwelling unit, including eave overhangs and other projections, must meet the required setbacks as set forth in this article, except in circumstances involving ADUs, which must comply with the standards applicable to ADUs.
B.
Maximum Unit Size.
1.
The total gross floor area of SB 9 dwelling units constructed cannot be greater than the maximum size allowed by the underlying zoning district, except that an SB 9 dwelling unit is not required to be less than eight hundred square feet. For an SB 9 project that does not meet the underlying zoning district development standards, the unit size for each unit shall not exceed eight hundred square feet.
C.
Maximum Building Height.
1.
SB 9 dwelling units must meet the height requirement of the underlying zoning district.
D.
Parking Requirements.
1.
2.
Each garage parking space stall must measure ten feet by twenty feet interior dimensions, free and clear of all obstructions.
3.
Required parking must be on the same lot as the residential unit served.
4.
Parking is not permitted to be located in the front yard setback.
5.
A restricted-access tandem parking space will not be counted towards meeting the parking requirements.
6.
Each required garage parking space must open directly upon paved vehicular accessway to provide safe and efficient means of vehicular ingress and egress.
E.
Landscape Requirements. Not less than sixty percent of the front yard shall be landscaped.
F.
Utilities. Any SB 9 dwelling unit constructed must provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.
G.
Vehicular Access Requirements.
1.
The paved vehicular access required to provide access for one to two SB 9 dwelling units must be:
3.
Accessways to off-street parking spaces may be shared between SB 9 dwelling units to minimize paving, through a recorded easement on the lots.
4.
All accessways must provide a landscaped strip measuring at least three feet in width between the driveway and side property lines.
5.
All accessways must be constructed using concrete or solid pavers. Gravel and asphalt paving are prohibited materials.
H.
Design Standards.
1.
Exterior Design. For a new SB 9 dwelling unit, the exterior materials and design shall match the design of any existing or proposed primary dwelling unit on the property through the use of the same exterior wall materials, paint color, window types, window color, and door and window trims.
2.
Window Treatment. Notwithstanding subsection (H)(1) of this section, any SB 9 dwelling unit constructed shall provide wood or cementitious materials that mimic the appearance of wood window trim around all windows.
3.
Color Palette. Any SB 9 dwelling unit constructed shall provide a minimum of two contrasting colors on the building facade of a new SB 9 dwelling unit.
4.
Roof Design and Materials. Any SB 9 dwelling unit constructed must provide roof forms with a pitch to match that of any existing dwelling unit to remain on the project site or if no unit is to remain, match any other proposed dwelling unit on the project site. The roof materials must be identical for each unit on the property.
5.
Exterior Lighting. Exterior building lighting must be fully shielded and downward facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code.
6.
Single Unit. The dwelling unit must conform to the California Building Code requirements to be "a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation."
7.
Residential Design Standards. SB 9 dwelling units shall comply with any city adopted design standards that are not inconsistent with this article.
(Ord. 804 § 5)
§ 10.05.3555 Affordability requirements.
For an approved SB 9 project that results in more than two SB 9 dwelling units, at least one SB 9 dwelling unit among all the units to be developed in the SB 9 project will be an affordable SB 9 dwelling unit and will remain an affordable SB 9 dwelling unit for a fifty-five-year period from the covenant execution date.
(Ord. 804 § 5)
§ 10.05.3560 Authorized modifications to objective standards.
The proposed two-unit development and/or urban lot split will comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project as provided in this article; provided, however, that the application of such standards shall be modified by the community development director if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this article 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.
(Ord. 804 § 5)