The purpose of this chapter is to allow and appropriately regulate single-family two-unit projects pursuant to Government Code Section 65852.21.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

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 pursuant to the requirements of this chapter.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

A.

An application for a two-unit project shall be submitted on a city application form.

B.

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

C.

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty days following application submittal.

D.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the development code, pursuant to applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

A.

An application for a two-unit project is approved or denied ministerially, by the community development director, without discretionary review.

B.

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

C.

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

D.

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

E.

An application for a two-unit project is denied if it does not meet the requirements of this chapter, or a finding of a specific, adverse impact is made pursuant to Section 18.113.050(1).

F.

The community development director's decision to approve or deny an application for a two-unit project is final and non-appealable.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

A Two-unit project shall satisfy all of the following requirements:

A.

Subdivision Map Action (SMA) Compliance. The lot shall have been legally subdivided.

B.

Zone. The lot is in a single-family residential zone. For the purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

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 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 are, 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;

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plan 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 18.113.050(C)(1) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Government 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 city or county landmark or as a historic property or district.

E.

No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

1.

Housing that is income-restricted for households 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 policy power.

3.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060—7060.7) at any time in the fifteen years prior to submission of the two-unit project application.

4.

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 shall provide a sworn statement as to this fact with the application for the two-unit project. The city 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 city 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 the purposes of this paragraph "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to Chapter 18.113 (Two-Unit Projects) or an ADU or JADU created pursuant to [Section] 18.10.070 (Accessory dwelling units).

b.

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

2.

Unit Size.

a.

The total floor area of each primary dwelling unit that is developed under this section shall be a minimum of five hundred square feet in area and a maximum of eight hundred square feet in area.

b.

A primary dwelling unit 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 unit 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 in area, 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 in area, 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 unit 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 unit or structure on a lot with a two-unit project.

4.

Demolition 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 unit unless the site has not been occupied by a tenant in the last three years.

5.

Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot of eight hundred square feet each.

6.

Setback Requirements.

a.

Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.

b.

Exceptions. Notwithstanding Section 18.113.050(F)(6)(a) 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.

Minimum Requirement Limitations. The minimum setback requirements shall not be applied in a manner that will preclude construction of two eight hundred square foot units with no less than four-foot side/rear setbacks. The setbacks imposed by the underlying zoning district shall 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 section shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:

i.

Be kept free from all structures greater than three and one-half feet high; and

ii.

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

7.

Parking. Each new primary dwelling unit shall have at least one off-street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring ten feet in width and twenty feet in length, 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 permanently established car-share vehicle pickup/drop-off 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 shall match the existing primary dwelling unit with respect to exterior materials, finishes, color and dominant roof pitch. The dominant roof pitch means 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 shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.

c.

All exterior lighting shall 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. Decorative masonry block walls, dense 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 street right-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and doors) utilize frosted or obscure glass.

9.

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

a.

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.

b.

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.

c.

All landscaping shall 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 shall have its own direct utility connection to the utility service provider.

b.

Each primary dwelling unit on the lot that was 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 section is a change of use and subjects the whole of the lot, and all structures, to the city'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 shall have at least two independent points of access 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.

I.

Regulation of Uses.

1.

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

2.

No Short-Term Rentals. No dwelling on a lot comprising a two-unit project shall be rented for a period of less than thirty days.

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 division.

2.

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

K.

Deed Restriction. The owner shall record a deed restriction, acceptable to the city, 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.

States that the property was developed as a two-unit project and is therefore subject to the city's two-unit project regulations, including all applicable limits on dwelling size and development.

L.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this section, the community development director 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 "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 Government 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: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

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 city 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 dollars, 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 of the city's code.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)