Chapter 13-36. Two-Unit Development
Sec. 13-36.100 Purpose.
This Chapter establishes exceptions to the Zoning Ordinance and provides permit procedures to allow two-unit developments within single-family residential zone districts allowed by Senate Bill No. 9 (2021), as codified in Government Code Sections 66452.6 and 66411.7. [Ord. 540 § 3, 2022.]
Sec. 13-36.200 Definitions.
Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth for the purposes of this Chapter and Chapter 10-2.
“A person acting in concert with the owner” means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
“Adjacent parcel” means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.
“Sufficient for separate conveyance” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually.
“Two-unit development” means a development that proposes no more than 2 units or proposes to add 1 new unit to 1 existing unit and that meets all the criteria and standards set forth in this Chapter.
“Urban lot split” means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into 2 parcels, as authorized by Section 66411.7 of the Government Code. [Ord. 540 § 3, 2022.]
Sec. 13-36.300 Applicability.
A proposed housing development may only be created on parcels satisfying all of the following general requirements:
1. Zoning District. A parcel that is located within a single-family residential zone.
2. Historic Property. A parcel that is not listed on the City of Hercules historic resource inventory or located in a historic district.
3. Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Subdivision Ordinance, as applicable at the time the parcel was created. The Community Development Department may require a certificate of compliance to verify conformance with this requirement.
4. Hazardous Waste Site. A parcel that is not identified as a hazardous waste site 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.
5. Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) on the official maps published by the Federal Emergency Management Agency unless a letter of map revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 10-7 (Flood Damage Prevention) as determined by the Floodplain Administrator.
6. Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code).
7. Natural Habitat. A parcel that is not recognized by the City as a 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. Section 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). [Ord. 540 § 3, 2022.]
Sec. 13-36.400 Objective Zoning Standards.
The following objective zoning standards supersede any other standards to the contrary that may be provided in the Zoning Ordinance as they pertain to a proposed housing development under Government Code Section 65852.21. Proposed housing developments shall be constructed only in accordance with the following objective zoning standards:
1. Building Height/Number of Stories. The maximum building height and maximum number of stories shall be as specified by the applicable zoning district.
2. Lot Coverage. The maximum lot coverage shall be as specified by the applicable zoning district, except if this standard would have the effect of physically precluding the construction of 2 units or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modifications necessary to avoid physically precluding 2 units of 800 square feet on each parcel.
3. Minimum Living Area. The minimum living area of a primary dwelling unit shall be 150 square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1.
4. Parking. One parking stall per primary dwelling unit shall be required, except for proposed housing developments located on parcels within 1/2 mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or within 1 block of a car share vehicle operating in accordance with California Vehicle Code Section 22507.1. Parking stalls may either be uncovered or covered (garage or carport) in compliance with the development standards of the applicable zoning district and Chapter 13-32 (Off-Street Parking and Loading Facilities).
5. Usable Open Space. Each parcel shall maintain a minimum of 500 square feet of private open space per primary dwelling unit except if this standard would have the effect of physically precluding the construction of 2 units or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modifications necessary to avoid physically precluding 2 units of 800 square feet on each parcel.
6. Setbacks. Proposed housing developments shall be subject to the setback and building separation requirements specified by Table 13-6.1 (Land Use Regulations: Residential District), except no more than 4 feet is required for rear and interior side setbacks. 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.
7. Paving. Proposed paving shall be as specified by Section 13-30.750 (Paving Within Residential Front, Rear, and Side Yard Areas.), except to allow a driveway with a width dimension not exceeding 10 feet. [Ord. 540 § 3, 2022.]
Sec. 13-36.500 Objective Design Review Standards.
The following objective design review standards apply to construction of new primary dwelling units and to any addition and/or alteration to existing primary dwelling units as part of a proposed housing development. Existing features inconsistent with these standards may remain provided they are not altered or removed.
1. Existing Unit Conformity. If the proposed project contains an existing primary dwelling unit, new units shall conform to the design characteristics of the existing residence. A determination of conformity shall be made if the new unit utilizes all of the following features of the existing residence: architectural features, building materials, and paint color.
2. Balconies/Decks. Rooftop terraces and decks are prohibited. Balconies shall only be permitted on the front elevation of a primary dwelling unit(s).
3. Front Doors. Front door openings shall not exceed a width of 6 feet or a height of 9 feet. Front entry doors for duplex units in a side-by-side configuration shall be separated by a distance equal to half the linear length of the structure’s front elevation.
4. Front Step-Back. Second-story wall(s) that front a public street shall be recessed by 5 feet from the first-story exterior walls, as measured wall to wall.
5. Garages. Garages placed on the front elevation of a primary dwelling unit shall not exceed 50 percent of the linear extent of the front elevation.
6. Stairways. Exposed exterior stairways are prohibited. Stairways necessary to access a dwelling unit located on a second floor shall be entirely enclosed within the structure and shall be included in the allowable floor area of the dwelling unit that it serves.
7. Windows. All second-story windows less than 8 feet from rear and interior-side property lines shall be clerestory with the bottom of the glass at least 6 feet above the finished floor. All other second-story windows shall be limited to the minimum number and minimum size as necessary for egress purposes as required by the Building Code.
8. Landscaping. A hedge, consisting of 15-gallon minimum evergreen shrubs at maximum 5-foot intervals, shall be planted along the parcel line (and outside of any easement) adjacent to the wall of the SB 9 dwelling unit that is closest to the parcel line. [Ord. 540 § 3, 2022.]