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

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 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 section.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

A.

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. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).

B.

An application for a two-unit project must be submitted on the City's approved form. The application must include, but not be limited to, the following: a certificate of compliance with the Subdivision Map Act for the lot; a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this chapter; a survey from a qualified biologist showing that there are no protected species on site; and an affidavit certifying compliance with all requirements of this chapter.

C.

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

D.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section 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. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

A.

An application for a two-unit project is approved or denied ministerially, by the planning director or his or her designee, without discretionary review.

B.

The ministerial approval of a two-unit project does not take effect until the City 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 City 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 City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)

A.

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

1.

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

2.

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

3.

Lot Location. The lot is not 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 a local agency, 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 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 flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit 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 floodway as determined by maps promulgated 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.

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. Sec. 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.

4.

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.

5.

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:

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 police 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. Optional: 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 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.

6.

Unit Standards.

a.

Quantity.

(i)

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 section of this code, an ADU, or a JADU.

(ii)

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.

b.

Unit Size.

(i)

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

(I)

Less than or equal to eight hundred [square feet]; and

(II)

More than five hundred square feet.

(ii)

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.

(iii)

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.

c.

Height Restrictions.

(i)

No new primary dwelling unit may exceed a single story or sixteen feet in height, measured from grade to peak of the structure.

(ii)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

d.

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.

e.

Lot Coverage. All structures as defined in Section 17.16.070 on a lot shall not cover more than twenty percent of the net lot area. All structures and all other impervious surfaces as defined in Section 17.16.070 on a lot shall not cover more than thirty-five percent of the net lot area. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred square feet each.

f.

Open Space. No development pursuant to this chapter may cause the total percentage of open space of the lot [to] fall below fifty percent. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred square feet each.

g.

Setbacks.

(i)

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

(ii)

Exceptions. Notwithstanding subpart (A)(6)(g)(i) 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.

(iii)

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

h.

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

(i)

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:

(ia)

An existing rail or bus rapid transit station;

(ib)

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

(ic)

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.

(ii)

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

i.

Architecture.

(i)

Architecture is limited to white California ranch style homes rambling in character with low profile silhouette and exterior three-rail fences.

(ii)

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.

(iii)

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.

(iv)

All exterior lighting must be limited to down-lights.

(v)

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. Landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

j.

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not within rights-of-way and bridle trails) 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 eight feet tall when installed.

(iii)

All landscaping must be drought-tolerant.

(iv)

All landscaping must be from the City's approved plant list.

k.

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

l.

Utilities.

(i)

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

(ii)

Each primary dwelling unit must have its own separate direct utility connection to an onsite wastewater treatment system or sewer in accordance with this paragraph and the City's code. 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.

(iii)

All utilities must be underground.

m.

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.

7.

Fire-Hazard Mitigation Measures.

a.

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

(i)

Water Sources.

(I)

Fire Hydrants.

(ia)

Public fire hydrants shall be spaced no more than six hundred feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than three hundred sixty feet away, via fire apparatus access, from a hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access road shall be farther than six hundred feet away, via fire apparatus access, from a properly spaced hydrant that meets the required fire-flow.

(ib)

When any portion of a proposed structure exceeds the allowable distances from a public hydrant, via fire apparatus access, on-site hydrants shall be provided. The spacing distance between on-site hydrants shall be three hundred to four hundred feet (91.44 to 121.92 m). All on-site fire hydrants shall have, at a minimum, a fire-flow of one thousand two hundred fifty gallons per minute (4,732 L/min) at twenty psi (137.895 kPa) for a duration of two hours. If more than one on-site fire hydrant is required, the fire flow shall be two thousand five hundred gallons per minute (9,463.53 L/min) at twenty psi (137.895 kPa) for a duration of two hours. All on-site hydrants shall be installed a minimum of twenty-five feet (7,620 mm) from a structure or protected by a two-hour firewall.

(II)

Sprinklers. All enclosed structures on site must have automatic sprinkler systems installed.

(ii)

Access.

(I)

A lot must have direct access through its own paved driveway with a width of at least thirty feet connecting with direct access to a paved right-of-way or fire apparatus access road with a width of at least forty feet, exclusive of shoulders. A lot must access such paved right-of-way or fire apparatus access road with at least two independent paved points of access for fire and life safety to access and for residents to evacuate.

(II)

No dwelling unit shall be within thirty feet of any other dwelling unit or any other enclosed structure on such lot.

(iii)

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

b.

Prior to submitting an application for development under this chapter, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this chapter. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

8.

Separate Conveyance.

a.

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

b.

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

c.

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

d.

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.

9.

Regulation of Uses.

a.

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

b.

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

c.

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.

10.

Notice of Construction.

a.

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:

(i)

Notice that construction has been authorized;

(ii)

The anticipated start and end dates for construction;

(iii)

The hours of construction;

(iv)

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

(v)

Contact information for the Building and Safety Department.

b.

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 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.

11.

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

a.

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

b.

Expressly prohibits any non-residential use of the lot.

c.

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

d.

If the lot does not undergo 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.

e.

Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

B.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this section, the City 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 § 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).

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.

C.

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 or the City's code.

(Ord. No. 372-U, § 3, 12-14-2021; Ord. No. 372, § 2, 1-10-2022)