It is the purpose of this Section to implement Section 65852.21 of the Government Code pertaining to Two-Unit Housing Developments and to implement Section 66411.7 of the Government Code pertaining to Urban Lot Splits.
A. Two-Unit Housing Development. A proposed housing development containing no more than two residential units on a parcel located within a single-family residential zoning district shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all the eligibility requirements and standards established in this section.
1. Applicability. This section may be applied to parcels zoned R1 (Low Density Residential) or RS (Suburban Residential).
2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for a Two-Unit Housing Development:
a. Lot Location. The lot to be developed shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:
i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. Historic Properties. A Two-Unit Housing Development shall not be permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.
c. Rental Properties. A Two-Unit Housing Development shall not be permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Two-Unit Housing Development is submitted to the city.
d. Demolition or Alteration of Protected Units. A Two-Unit Housing Development shall not result in the demolition or structural modification of any portion of an existing residential unit that:
i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;
ii. Is protected under the Fair Rent Act; or
iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for a Two-Unit Housing Development.
e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection (A)(2)(D)(i),(ii), and (iii) above exist and shall 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).
3. Maximum Number of Units Allowed. No more than two (2) dwelling units shall be permitted on any lot utilizing the Two-Unit Development provision.
4. Separation of units. Primary dwelling units may be attached or detached. Units shall be constructed and/or modified to allow for separate conveyance of each unit consistent with applicable building and fire code requirements.
5. Sale of units. Each dwelling unit of a Two-Unit Housing Development may be rented independently but shall not be sold or conveyed separately from the other unit.
6. Development Standards. A proposed Two-Unit Housing Development shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. Emergency fire access shall meet all requirements of the Building Code and Fire Code.
7. Exceptions to Development Standards.
a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.
b. Notwithstanding subsection (A)6. above, required rear and side yard setbacks shall equal 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.
c. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for a Two-Unit Housing Development.
8. Parking Requirement. One covered space shall be provided per unit. No parking shall be required for either unit of a two-unit housing development if any of the following conditions are met:
a. The lot is located within one-half (1/2) mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code;
b. The lot is located within one-half (1/2) mile walking distance of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
c. There is a car-share vehicle parking space located within one (1) block of the lot.
9. Property Owner Attestation. Upon submittal of an application for a Two-Unit Housing Development, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:
a. A requirement for owner occupancy as defined in Section 19.04.020 when the proposal involves a Junior Accessory Dwelling Unit (JADU);
b. A limitation restricting the property to residential uses only;
c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days.
d. No alteration or demolition of protected units, as described in subsection (A)(2)(D)(i),(ii), and (iii), shall occur.
B. Urban Lot Split. This Section establishes eligibility requirements and standards for urban lot splits.
1. Applicability. This section may be applied to lots zoned RI (Low Density Residential) or RS (Suburban Residential).
2. Eligibility. Single-family residential properties meeting the criteria below may be eligible for an Urban Lot Split under this Section:
a. Lot Location. The lot to be subdivided shall not be located on a site that is any of the following, as contained within Government Code Section 65913.4(a)(6)(B) through (K), as may be amended from time to time:
i. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation m an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b. Historic Properties. Urban Lot Splits are not permitted on properties listed on the City's Historic Resources Inventory or located within a historic district.
c. Rental Properties. Urban Lot Splits are not permitted on any lot that contained a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date that the application for the Urban Lot Split is submitted to the city.
d. Demolition or Alteration of Protected Units. Urban Lot Splits shall not result in the demolition or structural modification of any portion of an existing residential unit that:
i. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income;
ii. Is protected under the Fair Rent Act; or
iii. Has been occupied by a tenant within the three (3) years prior to the submittal of an application for an Urban Lot Split.
e. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split or Two-Unit Housing Development shall sign an affidavit, under penalty of perjury, stating that none of the conditions listed in subsection B.2.d.i, B.2.d.ii. and B.2.d.iii. above exist and shall 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).
f. No Prior Urban Lot Split. The lot to be subdivided shall not be a lot that was established through a prior urban lot split.
3. Subdivision of Adjacent Parcels. The lot to be subdivided shall not abut any lot that was previously subdivided through an Urban Lot Split by the owner of the lot proposed to be subdivided or any party acting in concert with the owner. For the purpose of this section, a person "acting in concert with the owner" means a person that has 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.
4. Maximum Number of Units Allowed. No more than two dwelling units shall be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units, junior accessory units, density bonus units, and units created as a two-unit development.
5. Subdivision Map Act Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code Section 66410, et. seq.) ("SMA"), including implementing requirements in this code.
6. Development Standards. Development proposed on any lot created through an Urban Lot Split shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located. In addition, any lot created by an Urban Lot Split shall comply with the following standards:
a. Minimum lot size. The lot to be split shall contain a minimum of 2,400 square feet. The resulting lots shall each contain a minimum of 1,200 square feet. Each of the resulting lots shall be between sixty (60) percent and forty (40) percent of the original lot area.
b. Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way. Emergency fire access shall meet all requirements of the Building Code and Fire Code.
7. Exceptions to Development Standards.
a. The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of up to two units, or would result in a unit size of less than 800 square feet, on any lot utilizing the Two-Unit Housing Development provision or any lot created by an Urban Lot Split. Any deviations from the development standards shall be the minimum necessary to avoid physically precluding two units of 800 square feet in size.
b. Notwithstanding subsection B.4. above, required rear and side yard setbacks shall equal 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.
c. Retained structure setbacks on lots created by Urban Lot Splits. If one (1) or more dwellings are retained on a site that is subdivided by an urban lot split, no setback shall be required for the retained dwelling(s) if compliance with the required setbacks would prevent the Urban Lot Split, subject to compliance with all applicable building and fire codes.
d. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval for an Urban Lot Split.
8. Property Owner Attestation. Upon submittal of an application for an Urban Lot Split, the property owner shall sign an affidavit, under penalty of perjury, acknowledging the following:
a. A requirement for owner occupancy as defined in Section 19.04.020;
b. A limitation restricting the property to residential uses only;
c. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than thirty (30) days;
d. The lot to be subdivided was not created through a prior Urban Lot Split;
e. The lot cannot be further subdivided using the Urban Lot Split procedures as provided for in this section;
f. That neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.
g. No alteration or demolition of protected units, as described in subsection B.2.d.i, B.2.d.ii, and B.2.d.iii., shall occur.
(Ord. 2580 §18, Ord. 2600)