The purpose of this chapter is to implement Government Code section 65852.21, which requires a city to ministerially approve urban dwelling units located within a single-family residential zone if an application meets certain state and municipal requirements. In the event of any conflict between the provisions this chapter and Government Code section 65852.21, as it may be amended, Government Code section 65852.21 will govern.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

The following definitions will apply to this chapter:

"Urban dwelling unit" means a dwelling unit established or proposed to be developed in accordance with the standards, procedures, and requirements set forth under Government Code section 65852.21 and this Code.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

A.

Location Requirements. An application for development of an urban dwelling unit must meet all the following location requirements:

1.

The subject parcel must be located in one of the following residential zones: R-A-E, R-A-10, R-A-15, R-A-20, or RPD where the property was developed using the R-A-20 zone development standards.

2.

The subject parcel may not be located in an area designated in Government Code sections 65913.4(a)(6)(B) through (K).

3.

The subject parcel may not be located within a historic district or property or within a site that is designated or listed as a city or county landmark or historic property or district under a city or county ordinance, as set forth in Government Code section 65852.21(a)(6).

B.

Limitation on Demolition and Alterations. A proposed urban dwelling unit may not involve demolition or alteration of:

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.

Housing that has been occupied by a tenant in the last three years.

C.

Limitation on Parcels Withdrawn from Rental Market. A proposed urban dwelling unit may not involve property withdrawn from rental market under Government Code section 7060 and following, within fifteen years before the date that the submittal of an application.

D.

Two Residential Unit Limitation. No more than two dwelling units may be developed on the underlying parcel. Existing accessory dwelling units and junior accessory dwelling units will be counted toward this maximum number of units.

E.

Owner Occupancy Affidavit. The owner of the property proposing to develop an urban dwelling unit must sign an affidavit stating that the owner will occupy one of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the occupancy of the urban dwelling unit. This affidavit is required to be recorded.

F.

Compliance with Homeowners' Association Declaration. If the underlying parcel is subject to a recorded declaration of a homeowners' association, the applicant must provide a letter from the homeowners' association authorizing or consenting to the development of an urban dwelling unit on the parcel. Alternatively, if the applicable homeowners' association believes the proposed urban lot split and development of one or more urban dwelling units is inconsistent with the recorded declaration, it may file a notice of objection with the community development department setting forth the basis for its objection. For the purpose of this section, a "homeowners' association" means any "association" as defined under Civil Code section 4080 that is created for the purpose of managing a common interest development, and the term "declaration" has the meaning set forth in Civil Code section 4135. The intent of this subsection is to alert homeowners' associations of a pending urban lot split and urban dwelling unit application in their neighborhood. Accordingly, the filing of a notice of objection by a homeowners' association will not constitute independent grounds for the denial of an application, as the homeowners' association may privately enforce an alleged violation of its declaration.

G.

Residential Use Requirement. Urban dwelling units are limited to residential uses.

H.

Short-Term Rental Limitation. Urban dwelling units may not be rented for a term shorter than thirty days in accordance with Chapter 17.47 of this code.

I.

Fees. Urban dwelling units will be subject to applicable development fees as established by resolution. The amount of fees to be paid will be those in effect at the actual time of payment of such fees.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022; Ord. No. 753, § 4, 7-22-2025)

A proposed urban dwelling unit must comply with the following development standards:

A.

Development Standards of Applicable Zone. All applicable objective development standards of the zoning district in which the property is located will apply, including, but not limited to, setbacks and lot coverage.

B.

Design Guidelines. All objective requirements of the city's design guidelines will apply.

C.

Unit Size. Urban dwelling units must be at least eight hundred square feet in floor area.

D.

Parking. At least one off-street parking space is required per urban dwelling unit; provided, however, no parking space will be required when at least one of the following conditions exists:

1.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code

2.

There is a car share vehicle available within one block of the parcel.

E.

Height. Urban dwelling units may not exceed sixteen feet in height; provided, however, that if an applicant desires to have a two-story structure, the applicant may voluntarily elect to pursue approval of a neighborhood compatibility determination in order to allow the height to exceed sixteen feet.

F.

Building and Construction Standards. Any proposed urban dwelling unit must be built in accordance with the building and construction standards set forth in Title 15 of this code, and must obtain all applicable building and construction permits required under Title 15 of this code.

G.

Other Objective Standards Adopted by Resolution. The city may adopt by resolution of the city council additional objective standards for the development of urban dwelling units including the incorporation by reference to existing provisions of this code. A compilation of such standards will be maintained on the city's website.

H.

Exceptions to Development Standards. If an applicant shows, to the satisfaction of the director, that the application of certain standards in this section will physically preclude the development of at least two eight hundred square foot units on a parcel, then such standards may be reduced in the following order of priority until the parcel can contain two, eight hundred square foot units:

1.

Enclosed parking requirements;

2.

Required setbacks between a residence and any horse keeping area required under Chapter 17.36 of this code; provided, however, that a setback of at least 15 feet is required;

3.

The overall size of any horse keeping area required under Chapter 17.36 of this code; provided, however, that to the extent feasible, the size of the horse keeping area should not be reduced below five hundred square feet;

4.

Lot coverage under Section 17.06.070 of this code; and

5.

Setbacks with the priority in reduction first applied to the front yard setback provided, however, that a setback of at least four feet is required from the rear and side property lines.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

A.

Application. A completed application on the form prescribed by the city must be submitted to the community development department along with any applicable fees.

B.

Notice of Application. Upon receipt of a complete application for an urban dwelling unit, the department of community development will send notice of such application to the owners of all properties located within a five hundred feet radius of the subject parcel. The cost of such mailing will be paid by the applicant.

C.

Staff Review. The director will circulate the application for an urban dwelling unit to applicable city departments for review and comment. All comments will be provided back to the applicant for review and any necessary revisions to the application and plans to meet required building and development standards.

D.

Timing of Action. The department will act on the application for an urban dwelling unit within sixty days from the date the department receives a completed application. If the applicant requests a delay in writing, the sixty-day time period will be tolled for the period of the delay. The department has acted on the application if it:

1.

Approves or denies the application for the urban dwelling unit; or

2.

Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter.

E.

Director Action.

1.

The director will ministerially approve the application if it meets all of the requirements of this chapter and issue the applicable permit. No discretionary review or public hearing is required. The director may condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed urban dwelling units and any easements deemed necessary for access to the public right-of-way.

2.

The director must deny the application if either of the following is found:

a.

The application fails to meet one of more objective requirements by this chapter. Any such noncompliance with a requirement will be specified in writing.

b.

The building official makes a makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

The applicant, or any aggrieved person, may appeal any decision of the director or building official concerning an application for an urban dwelling unit. Such appeal must be made in writing and filed with the department of community development within fifteen days from the date of the issuance of the decision. The appeal must be made on the approved form available from the department of community development and must include the grounds for the appeal and the appeal processing fee established by the city council. The city manager will schedule a date and time to hear the appeal within fifteen days after receipt of the appeal and will notify the appellant of such date and time. The city manager will issue a written decision within fifteen days after the conclusion of the appeal. The decision on the appeal will be final ten days following the date of the city manager's decision, and thereafter subject only to judicial review.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)