A.

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

B.

Definitions.

1.

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.

C.

Application.

1.

Owners.

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.

Any person with a mortgage interest in the lot to be developed with a two-unit project under this section must sign the application indicating the person's consent to the project.

2.

An application for a two-unit project must be submitted on the City's approved form.

3.

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

4.

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5.

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.

D.

Approval.

1.

An application for a two-unit project is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2.

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.

3.

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. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recoded covenant and deed restriction.

4.

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.

E.

Requirements. .....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. For 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.

3.

Lot Location.

a.

The lot is not located on a site that is any of the following:

(i)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(ii)

A wetland.

(iii)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(iv)

A hazardous waste site that has not been cleared for residential use.

(v)

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(vi)

Within a 100-year flood hazard area, unless the site has either:

(A)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(B)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(vii)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(viii)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(ix)

Habitat for protected species.

(x)

Land under conservation easement.

b.

The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 659l3.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)

c.

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

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.

a.

The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

(i)

Housing that is income-restricted for households of moderate, low, or very low income.

(ii)

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

(iii)

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 15 years prior to submission of the urban lot split application.

(iv)

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

b.

As part of the two-unit application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.5.a above is satisfied.

(i)

The sworn statement must state that:

(A)

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(B)

No housing that is subject to any form of rent or price control will be demolished or altered.

(C)

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

(D)

No housing that has been occupied by a tenant in the last three years will be demolished or altered.

c.

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.

Development Standards and Design Criteria. In addition to the standards and criteria set forth in this section, except as otherwise required by state law, an SB 9 two-unit project, including any development on a lot created through an urban lot split, must conform to all applicable objective development standards that are set forth in this code, as well as, any applicable specific plans; a planned unit development ordinance or resolution; or by conditions duly promulgated and adopted by the City.

7.

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 SCMC section 17.28.270 (Accessory Dwelling Units).

b.

Unit Size.

(i)

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

(A)

Less than or equal to 800 square feet; and

(B)

More than 500 square feet.

(ii)

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 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 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

c.

Height Restrictions.

(i)

On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

(ii)

On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling 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 setback.

(iii)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d.

Demo Cap. The two-unit project may not involve the demolition of more than 25 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. A two-unit project may not exceed the maximum lot coverage established in the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. The lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.

f.

Urban Open Area.

(i)

For purposes of this subsection (E)(7)(f), the term "urban open area" has the same meaning as provided in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area.

(ii)

If all required urban open area is provide at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.

(iii)

If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.

g.

Setback.

(i)

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

(ii)

Exceptions. Notwithstanding subpart E.7.g(i) above:

(A)

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.

(B)

Eight hundred sf; 4-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 800 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 30 feet from the front property lines. The front setback area must:

(A)

Be kept free from all structures greater than three feet high;

(B)

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

(C)

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

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:

(A)

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

(B)

A site that contains:

(1)

An existing rail or bus rapid transit station,

(2)

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

(3)

The intersection of two or more major bus routes with a frequency of service interval of 15 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.

Garage. Any proposed covered or enclosed garage must comply with the following requirements:

(i)

Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold.

(ii)

Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryer, must not encroach into the required parking area.

(iii)

The garage must be equipped with an automatic roll-up garage door opener.

(iv)

Each garage must maintain all required parking spaces clear and accessible to park at all time.

j.

Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.

k.

Architecture.

(i)

Unit Design Standards.

(A)

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.

(B)

If there is no legal primary dwelling on the lot before the two-unit project, or if an existing primary dwelling is demolished in accordance with this code, 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.

(C)

All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

(D)

If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(E)

Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance must be covered with an overhang or roof that is at least three feet deep.

(F)

A pedestrian pathway must be provided to access front doors to all units on the lot.

(G)

If pedestrian access and drive access are provided via same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.

l.

Landscaping.

(i)

Tree Removal.

(A)

No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.

(B)

"Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.

(C)

A tree may only be removed under subparagraph E.7.l(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree.

(D)

If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.7.l(i)(C) above, owner may pay the replacement cost of the tree, as determined by the City's tree-replacement cost schedule.

(ii)

Setback Landscaping. In setback areas visible from the public right-of-way, and all space that is not walkways, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.

(iii)

Lot Generally. The lot must comply with the landscaping and irrigation requirements contain in the Landscape Standards in the Zoning Ordinance.

(iv)

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

(A)

According to a planting and irrigation plan that is prepared by a licensed landscape architect.

(B)

At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.

(C)

Trees 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.

(D)

All landscaping must be drought-tolerant.

(E)

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

m.

Storage Facilities. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement.

n.

Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.

o.

Water Heater. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit's interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater if all building standards are satisfied.

p.

Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screen from public view. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.

q.

Access and Circulation.

(i)

All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.

(ii)

No more than one drive approach may be created for any two-unit projects.

(iii)

A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.

r.

Refuse Storage Areas.

(i)

Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").

(ii)

Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas.

(iii)

The storage area required for each trash container must be at least three feet wide by three feet deep.

(iv)

No trash container may be stored so as to be visible from any public right-of-way.

s.

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

t.

Utilities.

(i)

A primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system 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 10 years.

(ii)

All utilities must be underground.

(iii)

All easements for the provision of electricity, gas water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recoded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easement have been agreed to and recorded.

(iv)

Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.

u.

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.

8.

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)

It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(ii)

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

(iii)

All enclosed structures on the site must have fire sprinklers.

(iv)

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(v)

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

b.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.8. 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.

9.

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.

(i)

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.

10.

Regulation of Uses.

a.

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

b.

No Short-term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 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.

11.

Notice of Construction.

a.

At least 30 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.

12.

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 30 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.

F.

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 2l4(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.

G.

Coastal Regulations Apply in Full. .....Nothing in this section alters or lessens the effect or application of the California Coastal Act.

H.

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 $10,000.00, 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. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023)