Chapter 17.39
STANDARDS FOR TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS
IN SINGLE-FAMILY ZONES
Sections:
17.39.030 Applicability and criteria.
17.39.040 Standards and requirements.
17.39.050 Specific adverse impacts.
17.39.010 Purpose.
The purpose of this Chapter is to provide objective zoning standards for two-unit developments and urban lot splits within single-family residential zones, to implement the provisions of State law as reflected in Government Code Section 66411.7 et seq., to facilitate the development of new residential housing units consistent with the General Plan, and to ensure public health and safety. (Ord. 1603 § 4 (Exh. I), 2023)
17.39.020 Approval process.
An urban lot split housing development shall be administratively approved through a zoning clearance review pursuant to PMC § 17.26.030 (Zoning clearance review) if it meets the requirements in this Chapter. (Ord. 1603 § 4 (Exh. I), 2023)
17.39.030 Applicability and criteria.
(A) This Section applies to all parcels within single-family residential zones (ER, LDR, SFR 1, SFR 2, and SFR 3) except as prohibited below.
(B) Not on Prohibited Land. The property shall not be located in any of the following areas and shall not fall within any of the following categories:
(1) Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance.
(2) Farmland. Prime farmland or farmland of Statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).
(3) Wetlands. Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(4) Fire Zone. A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6)(D). This shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code 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.
(5) Hazardous Waste Site. A hazardous waste site that is listed pursuant to 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-use.
(6) Flood Zone. A special flood hazard area subject to inundation by the one percent annual chance flood (100-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 Section 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 Section if either of the following are met:
(a) The site has been subject to a letter of map revision prepared by FEMA and issued to the City; or
(b) The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(7) 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 pursuant to 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 Section 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.
(8) 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).
(9) 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 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).
(10) Conservation Easement. Lands under a conservation easement.
(C) Rental Housing. Notwithstanding any provision of this Chapter or any local law, the proposed two-unit development would not require the demolition or alteration of any of the following types of housing:
(1) Affordable Housing. Housing that is subject to 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.
(D) Ellis Act Housing. The parcel is not a parcel on which an owner of residential real property has exercised the owner’s right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application.
(E) Demolition. The proposed two-unit development does not include the demolition of more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years. (Ord. 1603 § 4 (Exh. I), 2023)
17.39.040 Standards and requirements.
(A) Standards. The proposed two-unit development shall comply with all objective development standards and design review standards in Division 3 (Residential Zones) of this Title applicable to the parcel as provided in the zone in which the parcel is located, and objective subdivision standards in PMC Title 16 (Subdivisions); provided, however, that:
(1) Number of Units Allowed on Each Parcel. Only two primary dwelling units may be located on any lot created through an urban lot split that utilized the two-unit development provision. Accessory dwelling units and junior accessory dwelling units are not permitted on these lots.
(2) Unit Size. The City shall not impose any objective zoning, subdivision, or development 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 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.
(3) Setbacks. Except for those circumstances described in Subsection (A)(2) of this Section (Unit Size), the setback for side and rear lot lines shall be four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure. The front setback shall be as set forth in the single-family residential zone in which the property is located.
(4) Nonconforming Conditions. The City shall not require the correction of nonconforming zoning provisions as a condition of approval for the urban lot split.
(5) Connected Structures. The City shall not reject an application solely because it proposes an adjacent or connected structure; provided, that the structure meets building code safety standards and is sufficient to allow a separate conveyance.
(6) Utility Hook-Ups. The proposed two-unit development shall provide a separate gas, electric, and water utility connection directly between each dwelling unit and the utility.
(7) Septic Tanks. For a two-unit development connected to an on-site wastewater treatment system, the applicant must provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years.
(8) Access. All lots shall have existing access, provide new access, or adjoin the public right-of-way. All access drives shall have a minimum width of 12 feet.
(9) Parking. A minimum of one off-street parking space per unit shall be provided, 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 carshare vehicle located within one block of the property.
(10) Fire Sprinklers. Units created through the two-unit development process shall be fire-sprinklered if they fall with a very high fire hazard severity zone or high fire hazard severity zone, as identified in the General Plan.
(11) Minimum Construction Standards. All new units constructed pursuant to this Chapter shall be subject to the minimum construction standards for single-family homes as provided in PMC Chapter 17.37 (Supplemental Standards for Single-Family Residential Development). In the instance that there are discrepancies between the provisions of this Chapter and those requirements specified within PMC § 17.37.010 (Detached single-family residential standards) the provisions of this Chapter shall apply.
(B) Rental Period. Dwelling units created through the two-unit development process may be used for residential uses only and may not be used for rentals of less than 31 days.
(C) Demolished Units. If any existing dwelling unit is proposed to be demolished, the applicant shall comply with the replacement housing provisions of Government Code Section 66300(d).
(D) Owner-Occupancy Requirement. Where there is no urban lot split, one unit in a two-unit development must be owner-occupied, including a requirement to record a covenant notifying future owners of the owner-occupancy requirements. (Ord. 1613 § 4 (Exh. I), 2023; Ord. 1603 § 4 (Exh. I), 2023)
17.39.050 Specific adverse impacts.
In addition to the criteria listed in this Chapter, 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. A “specific adverse impact” is 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. Inconsistency with this Title or the General Plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts. (Ord. 1603 § 4 (Exh. I), 2023)
17.39.060 Required affidavit.
(A) An applicant for an urban lot split as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
(1) That the applicant intends to occupy one of the housing units as his/her/their principal residence for a minimum of three years from the date of approval. This requirement shall not apply when the applicant is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.
(2) That the uses shall be limited to residential uses.
(3) That the rental of any unit created by the urban lot split shall be for a minimum of 31 days.
(4) That the maximum number of units to be allowed on the parcel is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.
(5) That 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.
(6) If any existing housing is proposed to be altered or demolished, provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).
(B) Where there is no urban lot split, one unit in a two-unit development must be owner-occupied, including a requirement to record a covenant notifying future owners of the owner-occupancy requirements. (Ord. 1603 § 4 (Exh. I), 2023)
17.39.070 Enforcement.
The City Attorney shall be authorized to abate violations of this Chapter and to enforce the provisions of this Chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this Chapter shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 1603 § 4 (Exh. I), 2023)