§ 9128.84. Second Primary Units and Two (2) Unit Developments - Development Standards.

A second primary unit, and both of the units in a two (2) unit development, shall comply with all of the following development standards:

• A. Configuration. A second primary unit may be attached to or detached from the primary dwelling unit on the parcel, subject to CMC § 9128.83(C) and (D) .

• B. Size. A second primary unit, and both of the units in a two (2) unit development, shall be no larger than eight hundred (800) square feet in floor area each.

• C. Height. A second primary unit, and both of the units in a two (2) unit development, shall be no taller than sixteen (16) feet in height from ground level and shall be one (1) story. The units shall not be located on the second story of a structure unless locating a unit on the second story is the only way to physically allow the construction of a second primary unit or two (2) unit development on a parcel, or to physically allow either the second primary unit or both units of a two (2) unit development to be at least eight hundred (800) square feet in floor area. The units shall not be located on the third or any higher story of a structure.

• D. Setbacks. No setback beyond the existing setback shall be required for an existing permitted structure or for a unit constructed in the same location and to the same dimensions as an existing permitted structure. In all other circumstances, second primary units, and both units of a two (2) unit development, shall be set back at least four (4) feet from the side and rear lot lines.

• E. Parking.

  1. One (1) new off-street parking space is required for a second primary unit and one (1) new off-street parking space per unit is required for each unit of a two (2) unit development. Such parking spaces shall be in addition to all other existing parking spaces on the parcel.

  2. Notwithstanding subsection (E)(1) of this Section, no parking spaces are required for a second primary unit or a two (2) unit development if either:

     • a. The parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in 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 (1) block of the parcel.

• F. Separate Entrances. A second primary unit, and both of the units in a two (2) unit development, shall have a separate entrance.

• G. Wastewater.

  1. Prior to issuance of a building permit for a second primary unit or either unit of a two (2) unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

lopment, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

2. Prior to issuance of a building permit for a second primary unit or either unit of a two (2) unit development that will be connected to an on-site wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years. If the City Engineer finds that the on-site wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.

• H. Utilities. Second primary units, and both of the units in a two (2) unit development, must each have their own direct utility connection to the utility service provider for water, electric, and gas service.

• I. Tree Replacement. If the construction of a second primary unit or two (2) unit development will result in the removal of one (1) or more trees with a trunk diameter of six (6) inches or greater either on private property or in the public right-of-way, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one (1) new twenty-four (24) inch box tree for each tree removed. Trees planted in the public right-of-way shall be a species approved by the City's Public Works Director.

• J. Additional Development Standards. Second primary units, and each unit of a two (2) unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel, except where such standards conflict with the requirements of CMC § 9128.81 through § 9128.88 , in which case CMC § 9128.81 through § 9128.88 shall govern.

• K. Limitation on Enforcement of Development Standards. With the exceptions of the setback requirements in subsection (D) of this Section and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second primary unit or two (2) unit development on a parcel, or would physically preclude either the second primary unit or both units of a two (2) unit development from being at least eight hundred (800) square feet in floor area.

(Ord. 22-2210 § 10)