Chapter 17.75
SB 9 RESIDENTIAL DEVELOPMENTS Revised 4/23
Sections:
17.75.010 Purpose and intent. Revised 4/23
17.75.020 Definitions. Revised 4/23
17.75.030 Permitting process. Revised 4/23
17.75.040 General requirements. Revised 4/23
17.75.050 Objective development standards. Revised 4/23
17.75.060 Objective design standards. Revised 4/23
17.75.070 Deed restrictions. Revised 4/23
17.75.010 Purpose and intent. Revised 4/23
This chapter contains requirements for SB 9 residential developments pursuant to Government Code Section 65852.21. These requirements are necessary to preserve the public health, safety and general welfare, and to promote orderly growth and development. In cases where a requirement in the chapter directly conflicts with Government Code Section 65852.21, the Government Code governs. (Ord. 1052 § 5 (Att. 2), 2022)
17.75.020 Definitions. Revised 4/23
A. SB 9 Residential Development. An SB 9 residential development is a proposed residential project pursuant to Government Code Section 65852.21.
B. Urban Lot Split. The subdivision of a parcel within the residential single-family (R-1) zoning district into two parcels pursuant to Government Code Section 66411.7 and Chapter 16.78 of this code (Urban Lot Splits). (Ord. 1052 § 5 (Att. 2), 2022)
17.75.030 Permitting process. Revised 4/23
A. Administrative Permit. The community development director shall ministerially approve an administrative permit for an SB 9 residential development if the application complies with all requirements of this chapter and Chapter 16.78 of this code (Urban Lot Splits), when applicable. No discretionary review or public hearing is required.
B. Basis for Denial.
1. The community development director shall deny an application for an SB 9 residential development if either of the following is found:
a. The two-unit development fails to comply with any objective requirement imposed by this chapter. Any such requirement or condition that is the basis for denial shall be specified by the community development director in writing; or
b. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed development 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.
2. For an SB 9 residential development in the coastal zone, the community development director shall deny the application upon finding that the development is inconsistent with policies of the local coastal plan and/or will have an adverse impact on coastal resources.
3. The community development director shall not deny an SB 9 residential development solely because it conflicts with the city’s density limitations for the R-1 zoning district.
C. Within Coastal Zone. A proposed two-unit development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 of this code (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).
1. A public hearing for a CDP application for an SB 9 residential development is not required.
2. Nothing in this chapter shall be construed to supersede or in any other way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code).
D. Building Permit. A building permit for an SB 9 residential development may be submitted only after:
1. The city approves the administrative permit for the two-unit development; and
2. A parcel map for the urban lot split parcel map is recorded by the Santa Cruz County recorder if a dwelling unit will be constructed on a lot created by an urban lot split. (Ord. 1052 § 5 (Att. 2), 2022)
17.75.040 General requirements. Revised 4/23
A. Eligibility Requirements. The city shall accept an application for an SB 9 residential development only if the project complies with the following requirements:
1. Zoning District. The two-unit development is located in the residential single-family (R-1) zoning district.
2. Compliance with Chapter. The two-unit development complies with all applicable requirements of this chapter.
3. Environmental Resources and Hazards.
a. The two-unit development satisfies the requirements of Government Code Sections 65913.4(a)(6)(B) to (K), inclusive, which prohibits development on sites subject to specified environmental resources and hazards.
b. The parcel is not located in any of the following areas as identified in the city’s certified local coastal program:
i. Geological hazard areas.
ii. One-hundred-year and/or five-hundred-year flood hazard areas.
iii. Environmentally sensitive hazard habitat areas (ESHA).
4. Affordable and Rental Housing.
a. The two-unit development will not require demolition or alteration of any of the following types of housing:
i. 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.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. Housing that has been occupied by a tenant in the last three years.
b. The parcel subject to the proposed two-unit development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. (the Ellis Act) to withdraw accommodations from rent or lease within fifteen years before the date that the two-unit development proponent submits an application.
a. The two-unit development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1.
b. The two-unit development is not located on a site which includes a structure that is a designated historic resource or that meets the criteria provided in Section 17.84.020(B) to qualify as a designated historic resource.
B. Number of Primary Dwelling Units.
1. A maximum of two primary dwelling units are allowed on a parcel.
2. If a parcel is subdivided pursuant to Chapter 16.78 of this code (Urban Lot Splits), a maximum of two primary dwelling units are allowed on each newly created parcel. Up to four units are allowed on the two parcels combined.
1. Projects with Urban Lot Split. The following accessory dwelling unit (ADU) rules apply to a parcel created through an urban lot split as provided in Chapter 16.78 of this code (Urban Lot Splits).
a. If the parcel contains one primary dwelling unit, one ADU or junior ADU is also allowed on the parcel.
b. If the parcel contains two primary dwelling units, an ADU or junior ADU is not allowed on the parcel.
2. Projects Without Urban Lot Split. Where a parcel has not been subdivided as provided in Chapter 16.78 of this code (Urban Lot Splits), one ADU and/or JADU is allowed on the parcel in addition to the two primary dwelling units.
D. Utility Connections.
1. Each dwelling unit shall be served by a separate utility connection for water, sewer, and electrical services.
2. The community development director shall condition approval of a dwelling unit on the dedication of any easements deemed necessary to provide public services to the unit and access to the public right-of-way.
E. Residential Uses Only.
1. The primary use of a dwelling unit must be residential. A dwelling unit may not be utilized for a nonresidential primary use otherwise permitted in the R-1 zoning district as identified in Table 17.16-1.
2. Home occupations and other accessory uses are permitted in a dwelling unit consistent with Section 17.96.040 (Home occupations) and Section 17.52.030 (Accessory uses).
F. Vacation Rentals. A dwelling unit may not be used for vacation rentals as defined in Chapter 17.160 of this code (Glossary).
G. Guaranteed Allowance.
1. The standards in Sections 17.75.050 (Objective development standards) and 17.75.060 (Objective design standards) shall not prohibit up to two dwelling units each with up to eight hundred square feet of floor area, provided the dwelling units comply with all other applicable standards.
2. The community development director shall determine which standards must be adjusted, if any, to comply with this section.
H. Floor Area Calculation. Floor area calculation exclusions in Section 17.48.040(B)(6) do not apply to an SB 9 residential development.
I. Existing Nonconformities. Establishing a dwelling unit shall not require the correction of an existing legal nonconforming zoning condition on the property. (Ord. 1052 § 5 (Att. 2), 2022)
17.75.050 Objective development standards. Revised 4/23
A. General. Table 17.75-1 shows development standards for two-unit development on parcels with an area of five thousand five hundred square feet or more. Table 17.75-2 shows development standards on parcels with an area of less than five thousand five hundred square feet. Parcel sizes are based on the area of a parcel prior to an urban lot split.
|
Maximum Unit Size |
|
|
Projects with two units |
1,200 sq. ft. per unit |
|
Projects with three and four units [1] |
800 sq. ft. for each unit within the project |
|
Minimum Setbacks |
|
|
Front |
|
|
15 ft. |
|
|
Second story |
15 ft. |
|
20 ft. |
|
|
New interior property line [2] |
0 ft. |
|
Rear |
4 ft. |
|
Interior side |
4 ft. |
|
Street side |
4 ft. |
|
Maximum Height |
|
|
One-story building |
16 ft. |
|
Two-story building |
|
|
Plate height [3] |
20 ft. |
|
Roof peak |
3 ft. above plate height |
|
Three-story Building |
Not allowed |
|
Minimum Private Open Space [4] |
48 sq. ft. |
Notes:
[1] For projects with a dwelling unit on a parcel created through an urban lot split pursuant to Chapter 16.78 of this code (Urban Lot Splits).
[2] “New interior property line” means a property line created pursuant to Chapter 16.78 of this code (Urban Lot Splits) that does not abut an existing parcel outside of the property subject to the urban lot split.
[3] “Plate height” means the vertical distance from the assumed ground surface of the building to the point that exterior wall meets the roof eave.
[4] Private open space may include screened terraces, decks, balconies, and other similar areas.
|
|
Number of Units [1] |
||
|---|---|---|---|
|
|
Up to Two |
Three |
Four |
|
Maximum Unit Size |
1,200 sq. ft. |
800 sq. ft. |
800 sq. ft. |
|
Minimum Setbacks |
|
|
|
|
Front |
|
|
|
|
15 ft. [2] |
10 ft. |
0 ft. |
|
|
Second story |
15 ft. [2] |
10 ft. |
0 ft. |
|
20 ft. [2] |
10 ft. |
0 ft. |
|
|
New Interior Property Line [3] |
0 ft. |
0 ft. |
0 ft. |
|
Rear |
4 ft. [4] |
4 ft. [4] |
4 ft. [5] |
|
Interior Side |
4 ft. [4] |
4 ft. [4] |
4 ft. [6] |
|
Street Side |
4 ft. [4] |
4 ft. [4] |
4 ft. [6] |
|
Maximum Height |
|
|
|
|
One-story Building |
16 ft. |
16 ft. |
16 ft. |
|
Two-story Building |
|
|
|
|
Plate height [7] |
20 ft. |
20 ft. |
20 ft. |
|
Roof peak |
3 ft. above plate height |
3 ft. above plate height |
3 ft. above plate height |
|
Three-story Building |
Not allowed |
Allowed [8] |
Allowed |
|
Plate height [7] |
– |
20 ft. |
28 ft. |
|
Roof peak |
– |
33 ft. |
3 ft. above plate height |
|
Minimum Private Open Space [9] |
48 sq. ft. |
48 sq. ft. |
48 sq. ft. |
Notes:
[1] Standards for three- and four-unit projects apply to projects with a dwelling unit on a parcel created through an urban lot split pursuant to Chapter 16.78 of this code (Urban Lot Splits). Standards apply to all units established as part of the project.
[2] For parcels less than three thousand two hundred square feet, minimum front setback is ten feet for ground floor and second story and fifteen feet for garage.
[3] “New interior property line” means a property line created pursuant to Chapter 16.78 of this code (Urban Lot Splits) that does not abut an existing parcel outside of the property subject to the urban lot split.
[4] For parcels less than three thousand two hundred square feet, the minimum rear, interior side, and street side setback is three feet.
[5] On parcels less than three thousand two hundred square feet, zero feet rear setback allowed where a side driveway provides vehicle access to parking located behind the front building. A three-foot rear setback is allowed for all other four-unit configurations on parcels less than three thousand two hundred square feet.
[6] Zero feet side setback allowed where a side driveway provides vehicle access to parking located behind the front building. A three-foot side setback is allowed for all other four-unit configurations on parcels less than three thousand two hundred square feet.
[7] “Plate height” means the vertical distance from the assumed ground surface of the building to the point that exterior wall meets the roof eave.
[8] Third story must be built into roof element (two and one-half stories).
[9] Private open space may include screened terraces, decks, balconies, and other similar areas.
B. Additional Setback Standards.
1. Converting and Replacing Existing Structures. No setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
2. Within Coastal Zone. Within the coastal zone, structures must comply with minimum setbacks from environmentally sensitive habitat areas and geologic hazards as specified in Chapters 17.64 (Environmentally Sensitive Habitat Areas) and 17.68 (GH Geologic Hazards District) of this code.
C. Separation Between Dwelling Units.
1. No minimum separation is required between dwelling units on a parcel.
2. Dwelling units may be connected if the structures meet building code safety standards and are sufficient to allow a separate conveyance.
D. Parking.
1. Required Parking. A minimum of one off-street parking space is required per dwelling unit except as provided in subsection (D)(7) of this section.
2. Tandem Spaces. Required off-street parking for two separate dwelling units shall not be provided as tandem parking.
3. Parking Placement. Required off-street parking may not be located within minimum required front setback area.
4. Number of Driveways.
a. A maximum of one curb cut is allowed to provide vehicle access to the parking.
b. Shared driveways are required to serve parking on separate parcels created through an urban lot split.
5. Driveway Width. The maximum width of a new driveway crossing a public sidewalk is twelve feet.
6. Alley Access. Parking accessed from an alley shall maintain a twenty-four-foot back-out area, which may include the alley.
7. Exceptions to Required Parking.
a. No off-street parking is required in the following cases:
i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
ii. There is a car share vehicle located within one block of the parcel. A “car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization that meets all the following criteria:
(A) Provides hourly or daily service;
(B) Vehicle reservations are processed and paid for using an online system;
(C) Vehicles can be accessed where they are parked without having to go to a different physical location to execute a contract and/or pick up the keys; and
(D) Fleet has more than five cars in Capitola and more than twenty cars in Santa Cruz County.
b. The exception for parcels that satisfy subsection (D)(7)(a)(i) or (ii) of this section does not apply to areas identified in Figure 1.
Figure 1
(Ord. 1052 § 5 (Att. 2), 2022)
17.75.060 Objective design standards. Revised 4/23
A. Entrance Orientation. The primary entrance to each new dwelling unit shall face the front or interior of the parcel unless the dwelling unit is directly accessible from an alley.
B. Neighbor Privacy. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use:
1. For a single-story wall or the first story of a two- or three-story wall, privacy impacts shall be minimized by either:
a. A six-foot solid fence on the property line; or
b. Clerestory or opaque windows for all windows facing the adjacent property.
2. For a second- or third-story wall, all windows facing an adjacent property shall be clerestory or opaque.
C. Upper Story Decks and Balconies. Second- and third-story exterior decks and balconies and rooftop decks are prohibited.
D. Front Porches, Patios and Entry Features.
1. If a dwelling unit is set back fifteen feet or more from a front property line, a front porch or covered patio may project up to five feet into the front setback area.
2. A front porch or covered patio less than fifteen feet from a front property line may not exceed a width greater than ten feet.
3. For a dwelling unit setback less than fifteen feet from a front property line, the primary entrance may be covered by a roof element, or other similar overhanging feature; provided, that:
a. The covering is attached to the building wall and is not supported by columns, walls, or other vertical structural elements that extend to the ground; and
b. The covering dimensions do not exceed five feet in width and three feet in depth.
E. Pervious Surface Area. Pervious materials shall be used for all on-site paved areas including driveways, walkways, and patios.
F. Storm Water. SB 9 residential developments shall comply with Chapter 13.16 of this code (Storm Water Pollution Prevention and Protection). (Ord. 1052 § 5 (Att. 2), 2022)
17.75.070 Deed restrictions. Revised 4/23
A. Before obtaining a building permit for an SB 9 residential development, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
1. The maximum size of the dwelling unit is limited to one thousand two hundred square feet for two-unit projects and eight hundred square feet for three- and four-unit projects;
2. The primary use of the dwelling unit must be residential;
3. For SB 9 residential developments involving an urban lot split, use of shared driveway must be permanently provided and maintained for both newly created parcels through a reciprocal access easement or other comparable mechanism; and
4. The dwelling unit may not be used for vacation rentals as defined in Chapter 17.160 of this code (Glossary).
B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement.
C. The deed restriction shall lapse upon removal of all dwelling units established under this chapter. (Ord. 1052 § 5 (Att. 2), 2022)