The purpose of this chapter is to provide procedures and development standards for the establishment of two-unit housing developments pursuant to Government Code section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development.

(Ord. No. 597 N.S , § 3, 5-18-2022)

(a)

Two-unit housing development. A two-unit housing development is a development containing no more than two primary dwelling units and which development either (1) proposes two new units, or (2) proposes to add one new unit to one existing unit.

(Ord. No. 597 N.S , § 3, 5-18-2022)

(a)

Ministerial review. A two-unit housing development shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter.

(b)

Administrative permit. Applicants for two-unit housing developments shall submit an administrative permit application in addition to a building permit application.

(c)

The town shall act on an administrative permit application for a two-unit housing development within sixty days of receipt of a complete application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The town has acted on the application if it:

(1)

Approves or denies the building permit for the two-unit development; or

(2)

Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations.

(d)

Adverse impact upon health and safety. A proposed two-unit housing development shall be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed two-unit housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, 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.

(e)

Limitations on approval. A proposed two-unit housing development shall not be eligible for approval pursuant to this chapter if any of the following circumstances apply:

(1)

The two-unit housing development would require demolition or alteration of "protected housing." Protected housing includes:

a.

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.

b.

Housing that is subject to rent control through valid local rent control provisions.

c.

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

(2)

The two-unit housing development would be located on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within fifteen years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).

(3)

The two-unit housing development would be located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a town or county landmark or historic property or district.

(4)

The two-unit housing development would be located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.

(Ord. No. 597 N.S , § 3, 5-18-2022)

The following objective development standards shall apply to two-unit housing developments. In addition to these standards, all provisions of the California Building Code shall apply to two-unit housing developments.

(a)

General standards.

(1)

Two-unit housing developments may either be detached or attached, as long as attached structures meet building code safety standards and are sufficient to allow separate conveyance.

(2)

Two-unit housing developments shall be permitted in all single-family residential zones including as provided for in chapter 16 of the Municipal Code.

(3)

Short term rentals prohibited. The rental of any two-unit housing development shall be for a term of longer than thirty days.

(4)

Utility connections. Each unit in a two-unit housing development shall be served by separate water, sewer and electrical utility connections which connect each unit directly to the utility.

(5)

Accessory dwelling units. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on parcels that utilize the authority of this chapter and section 14-3.313 et seq. (urban lot splits).

(6)

Height. Two-unit housing development shall not exceed sixteen feet in height.

(b)

Objective development standards.

(1)

The color and materials of each new residential unit shall match the primary unit.

(2)

Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property.

(3)

Each residential unit shall have a permanent full kitchen with a sink, refrigerator and stove/oven. Only one kitchen is allowed per residential unit. No exterior lights are allowed except two shielded downward pointing lights at the entry to the residential unit.

(4)

No windows facing the rear and side property lines are allowed when located less than six feet from the rear or side property line.

(5)

No entryways are allowed within ten feet of a side or rear property line.

(6)

Each new residential unit is not allowed on any open space easement. A title report shall be provided to identify all open-space easements. The residential unit shall not have any reflective roof or building material.

(7)

The roof color of each new residential unit shall use similar roof materials and color as the primary dwelling unit.

(8)

No vents, flues, or appurtenances shall exceed the height limit.

(9)

No signs are allowed on any residential unit except an address sign.

(10)

No portico, trellis or other roof is allowed as part of the residential unit. A 5x5 foot entryway roof is allowed but must be at least ten feet from any property line

(11)

All building code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all residential units.

(12)

Each residential unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the exterior.

(13)

Two trees shall be planted at each proposed window of each new residential unit facing a neighboring property where such trees are consistent with the Fire Code.

(14)

Applicant shall submit a water budget consistent with the Model Water Efficient Landscape Ordinance (MWELO) demonstrating water use of no more than five hundred gallons per ten thousand square feet of lot area per day. The landscape area of single-family residence, or duplexes shall be designed with no more than twenty percent of the landscaped area planted in turf or plants that are not water-wise as defined as needing "low" or "very low" water per Water Use Classifications of Landscape Species (WUCOLS) established by the Water Use Efficiency Office of the California Department of Water Resources (DWR) or other sources as verified by a licensed landscape architect.

(15)

Any protected tree to be removed as part of a new residential unit shall require a tree removal permit.

(16)

Fire district regulations. Each residential unit shall comply with all applicable fire district regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.

(17)

Adequate sanitary service capacity for the additional increment of effluent resulting from the each residential dwelling unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate sanitary district to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Residential unit.

(18)

Attached residential units. Independent exterior access separate from the primary dwelling is not required for an attached residential unit.

(c)

Exceptions to development standards. Notwithstanding subsection (b) of this section, all development standards shall be subject to the following exceptions:

(1)

Where each of the units of a two-unit housing development is no greater than eight hundred square feet in size with side and rear setbacks of at least four feet, the two-unit housing development shall be permitted regardless of any development standard that would prevent construction of the units.

(2)

No setback shall be imposed for a two-unit housing development constructed in the same location and to the same dimensions as an existing structure.

(Ord. No. 597 N.S. , § 3, 5-18-2022)