"Housing development" shall mean no more than two residential units within a single-family residential zone (R-1 and R-E) that meets the requirements of this chapter. The two units may consist of two new units or one new unit and one existing unit.

(Ord. No. 3132, § 2, 12-14-21)

A housing development shall be administratively approved if it meets the following requirements:

1.

Zoned Single Family. The property is located within a single-family residential zone. Single-family residential zones include R-1 (single-family residential zone) and R-E (single-family residential estate zone),.

2.

Not on Prohibited Land. The property is not located in any of the following areas and does not fall within any of the following categories:

a.

Historic. Designated Historic District or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code as it may be amended from time to time, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

b.

Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B) as it may be amended from time to time.

c.

Wetlands. "Wetlands" as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

d.

Fire Zone. A very high fire hazard severity zone, as further defined in Government Code section 65913.4(a)(6)(D) it may be amended from time to time. This does not apply to sites excluded from the specified hazard zones pursuant to subdivision (b) of Section 51179 or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

e.

Hazardous Waste Site. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 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 state department of public health, state water resources control board, or department of toxic substances control has cleared the site for residential use or residential mixed uses.

f.

Earthquake Fault Zone. 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 and by the city's building department.

g.

Flood Zone. A special flood hazard area subject to inundation by the one percent annual chance of flood (one hundred-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

i.

The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

ii.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii) as that section may be amended from time to time;

h.

Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA 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. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

i.

Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I) as that section may be amended from time to time.

j.

Habitat for Protected Species. 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 USC 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).

k.

Conservation Easement. Lands under a conservation easement.

3.

Not Affordable Housing or Rental Property. The proposed housing development would not require demolition or alteration of any of the following types of housing:

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; or

b.

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

4.

Does Not Demolish Twenty-five Percent. Demolition of an existing unit shall not exceed more than twenty-five percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

(Ord. No. 3132, § 2, 12-14-21)

A.

The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone:

1.

Zero Setback. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

2.

Four Foot Setback. Except for those circumstances described in section A.1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone in which the property is located.

3.

Easements. The applicant shall provide easements for the provision of public services and facilities as required.

4.

Access. All lots shall have access to, provide access to, or adjoin the public right-of-way with the minimum width as required under Section 18.48.070(D) of this code.

5.

Parking. Off-street parking shall be one space per unit per parcel created, except that no parking requirements shall be imposed in either of the following circumstances:

a.

The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or

b.

There is a car share vehicle located within one block of the property.

6.

Additional Unit. Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in section 18.10.020(I) of this Code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.

B.

Eight Hundred Square Foot Units. The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

C.

Connected Structures. The city shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow a separate conveyance.

D.

Affidavit. An applicant shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

1.

That the uses shall be limited to residential uses.

2.

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.

3.

That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.

(Ord. No. 3132, § 2, 12-14-21)

The city may deny the housing development if the building official 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 the 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. 3132, § 2, 12-14-21)