This chapter is intended to:

   A.   Preserve, protect, and enhance the character of the city's different residential neighborhoods;

   B.   Provide for and regulate urban lot splits and two-unit residential development in a manner consistent with the requirements of Senate Bill 9;

   C.   Continue to protect coastal resources and allow and protect coastal access;

   D.   Promote and ensure safe development in high fire zones.

(Ord. O-2023-002 § 2 (part), 2023)

   For the purposes of this chapter, terms shall be defined as follows:

   A.   "Accessory dwelling unit" has the same meaning ascribed in Section 17.117.030(A) of this Code.

   B.   "Junior accessory dwelling unit" has the same meaning ascribed in Section 17.117.030(J) of this Code.

   C.   "Existing structure" means an original dwelling on the property.

   D.   "SB 9" or "Senate Bill 9" means the state law approved by the Governor on September 16, 2021, amending California Government Code Section 66452.6 and adding California Government Code Section 65852.21 and 66411.7.

   E.   "Two-residential unit development" means a housing development containing no more than two (2) residential units within a single-family residential zone permitted pursuant to the regulations set forth in SB 9.

   F.   "Unit" means any dwelling unit or units created pursuant to California Government Code Section 66452.21, an existing structure, a primary dwelling unit, an accessory dwelling unit or a junior accessory dwelling unit.

   G.   "Urban lot split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two (2) parcels of approximately equal size.

(Ord. O-2023-002 § 2 (part), 2023)

   A.   This chapter shall apply to all two-residential unit developments and urban lot splits proposed for lots in R-1 (Single Family Residential) zones pursuant to the regulations set forth in SB 9. Except as expressly provided in this chapter or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9, including all applicable regulations from the Pismo Beach Municipal Code, shall apply.

   B.   Required Approvals.

      1.   All two-residential unit developments and urban lot splits outside the Coastal Zone shall be required to obtain zoning clearance and a building permit and shall be subject to ministerial review by the Community Development Director or designee to determine whether the criteria for approval have been met. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

      2.   Projects in the Coastal Appeal Zone shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived . An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. Action on a project is final, unless appealed to the California Coastal Commission within ten (10) days of the Coastal Commission's receipt of the notice of final action.

      3.   Projects in the Coastal Zone, Non-Appealable, shall be required to obtain a coastal development permit and a building permit. The requirement for public hearing is hereby waived. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met.

      4.   For two-residential unit developments and urban lot splits in the Coastal Zone, Appealable or Non-Appealable, for which a public hearing requirement has been waived pursuant to this subsection, at least ten (10) calendar days prior to the issuance of a coastal development permit, the City shall provide notice by first class mail of the pending application for development. This notice shall be provided to the persons, and contain the information, identified in Section 17.124.090 of this Code for appealable and non-appealable developments, as applicable.

   C.   All applicants for a two-residential unit development or an urban lot split shall submit an application including:

      1.   A sworn statement affirming eligibility under SB 9 regulations;

      2.   All materials required by the Community Development Director;

      3.   Applicants for an urban lot split shall, in addition, sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three (3) years from the date of the approval of the urban lot split. Provided, however, this provision shall not apply to an owner that is a community land trust or qualified nonprofit corporation as those terms are defined and described in California Revenue and Taxation Code Sections 402.1 and 214.15, respectively.

   D.   The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

(Ord. O-2023-002 § 2 (part), 2023)

   An applicant seeking approval of a two-residential unit development or urban lot split shall:

   A.   Comply with SB 9; all objective requirements of other applicable state law including the Subdivision Map Act; the Coastal Act and the City of Pismo Beach Local Coastal Program; the Pismo Beach Municipal Code, including Title 17 and Title 16, except as expressly provided in SB 9, or in this chapter; and all objective standards of this chapter.

   B.   Execute and record a covenant, supplied by the City and subject to the approval of the City Attorney or designee, that contains the following provisions:

      1.   Non-residential uses are prohibited on the property subject to development under SB 9 and this chapter;

      2.   Rental or leasing of any unit or units on the property for a period of thirty (30) days or less is prohibited;

      3.   Ongoing compliance with SB 9 requirements and restrictions is required ;

      4.   Access to the public right-of-way shall be maintained in perpetuity;

      6.   If the applicant is seeking approval of an urban lot split, any subsequent urban lot split of the property is prohibited.

(Ord. O-2023-002 § 2 (part), 2023)

   All two-residential unit developments and urban lot splits shall comply with the following objective standards for parking:

   A.   One (1) enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this chapter and such parking space shall be located on the same parcel as the unit.

   B.   Parking required for a unit created pursuant to SB 9 and this chapter is in addition to any parking required for the existing structure, should it remain on the property. If an existing garage, carport, or other parking is converted or demolished in order to construct the new unit, the required parking space(s) that are displaced shall be replaced on the same property to satisfy the parking requirements of the existing structure.

   C.   Exceptions. Additional parking spaces required under Subsection 17.119.050. A of this Code shall not be required for units developed pursuant to SB 9 and this chapter if the property upon which the unit is created meets one or more of the following criteria:

      1.   Is within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in California Public Resources Code Section 21155e, or a major transit stop, as defined in California Public Resources Code Section 21064.3, or

      2.   There is a car share vehicle located within one (1) block of the project.

   D.   Parking in the Coastal Zone.

      1.   For units in the Coastal Zone, the parking standards set forth in Section 17.119.050 A-C above shall apply except that due to the number of individuals that visit the Pismo Beach coast, and to comply with Public Resources Code Section 30001.5(c) and the California Coastal Act, the requirements of paragraphs (2) and (3) below shall apply to properties meeting all of the following:

         a.   Property located within the Coastal Zone;

         b.   Property located west of U.S. Route 101; and

         c.   Located within one-quarter mile (1,320 feet) walking distance of one of the following:

            i.   A vertical access point to the beach;

            ii.   A segment of the Coastal Trail;

            iii.   A coastal park; or

            iv.   A coastal view area.

      2.   One (1) off-street parking space is required for each studio and one-bedroom unit created pursuant to the regulations in SB 9 and this chapter and such parking space shall be located on the same parcel as the unit.

      3.   Two (2) off-street parking spaces are required for each two-bedroom or larger unit created pursuant to the regulations in SB 9 and this chapter and such parking space shall be located on the same parcel as the unit.

   E.   Required off-street parking may be provided as tandem parking on an existing driveway provided all requirements in subsection 17.108.030.A.7.a are met.

   F.   Each required parking space shall meet the following standards:

      1.   Each parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet.

      2.   All parking spaces shall be located behind existing or future sidewalk, or other public right-of-way.

      3.   All parking spaces shall be located on an all-weather surface as approved by the City Engineer or designee (e.g., hardscape, gravel) and be accessed by a driveway apron or curb cut.

(Ord. O-2023-002 § 2 (part), 2023)

   All two-residential development units and urban lot splits shall comply with the following objective development standards:

   A.   Driveways.

      1.   A driveway may be shared by not more than two (2) units and no more than two (2) lots.

      2.   More than one (1) driveway per lot is prohibited on lots with less than sixty (60) feet of public street frontage.

   B.   Setback Requirements. All units in a two-residential unit development and/or on an urban lot split shall comply with the setback standards for R-1 zones and be subject to environmental buffers and constraints under the Coastal Act and Local Coastal Program. Provided, however, no setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as the existing structure, unless otherwise identified in the City's Local Coastal Plan in order to protect coastal resources (e.g., bluff, wetland, stream, Environmentally Sensitive Habitat Areas setbacks).

   C.   Occupancy.

      1.   Non-residential uses on the property subject to a two-residential unit development or an urban lot split are prohibited.

      2.   Short-Term Rental Prohibited. A short-term rental use of thirty (30) days or less shall not be permitted in units developed pursuant to SB 9 and this chapter. Units developed pursuant to SB 9 and this chapter shall be occupied for terms longer than thirty (30) days.

   D.   Height. Height of a unit developed pursuant to SB 9 and the chapter shall be no greater than permitted in R-1 zones and shall be consistent with the City's Local Coastal Plan in order to protect coastal resources.

   E.   Lot Coverage and Maximum Building Areas. Lot coverage and maximum building areas shall comply with the applicable standard for R-1 zones, except as provided in Section 17.119.070.

   F.   No accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel subject to an urban lot split under this chapter and also improved with a two-residential unit development under this chapter.

   G.   Two-residential unit developments and urban lot splits are not permitted on parcels located in the R-1 zone above the intersection of Longview Avenue and Stratford Street in the Pismo Heights planning area due to being in very high fire hazard severity zones, as determined by the California Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to California Public Resources Code Section 4202 and is coextensive with traffic flow and public safety concerns as this area has only one ingress and egress.

   H.   More than twenty-five (25) percent of the exterior structural walls of the existing structure shall not be demolished if the existing structure has been occupied by a tenant in the three (3) years prior to the submission of an SB 9 Development Project application.

   I.   An urban lot split shall comply with SB 9 and the following standards:

      1.   No lot resulting from an urban lot split shall be smaller than one thousand two hundred (1,200) square feet.

      2.   No lot resulting from an urban lot split shall have more than two (2) residential units inclusive of any accessory dwelling unit or junior accessory dwelling unit.

      3.   The two lots resulting from an urban lot split shall be approximately equal, and no smaller than forty (40) percent or larger than sixty (60) percent of the lot area of the original parcel.

      4.   No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.

      5.   The width of any lot resulting from an urban lot split shall not be less than twenty (20) feet wide.

      6.   The proposed parcel map shall demonstrate ability to access the public right-of-way in perpetuity.

   J.   Two-residential unit developments and urban lot splits permitted on parcels located in the R-1 zone shall be consistent with all applicable provisions of the City's Local Coastal Program, including necessary setbacks from coastal bluffs and other coastal hazards to be safe from the threat of bluff erosion for a minimum of one hundred (100) years pursuant to Section 17.078.050 of this Code, and shall be consistent with the following criteria:

      1.   The two-residential unit development or urban lot split is designed to minimize risks to life and property in areas of geologic and flood hazard;

      2.   The two-residential unit development or urban lot split is designed to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area;

      3.   The two-residential unit development or urban lot split does not require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs;

      4.   The two-residential unit development or urban lot split is sited and designed to prevent significant degradation of adjacent sensitive habitats and recreation areas;

      5.   The two-residential unit development or urban lot split is sited and designed to maintain coastal resources and public access to coastal resources.

   K.   The creation of new building sites, lots, or parcels pursuant to this chapter is prohibited in areas subject to coastal hazards, or in the area necessary to ensure a stable building site for the minimum 100-year lifetime.

(Ord. O-2023-002 § 2 (part), 2023)

   The Community Development Director shall approve an exception to any of the standards specified in this chapter, other than those required for compliance with the Coastal Act and Local Coastal Program, upon determining that complying with the standards would physically preclude the construction of up to two (2) residential units per lot or would physically preclude either of the two residential units from being eight hundred (800) square feet in floor area.

(Ord. O-2023-002 § 2 (part), 2023)

   The Building Official or Community Development Director may deny an application for a two-residential unit development or an urban lot split upon making both the following findings in writing based on a preponderance of the evidence:

   A.   The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in California Government Code Section 65589.5(d)(2).

   B.   There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. O-2023-002 § 2 (part), 2023)