Elk Grove Municipal Code Art. II Infill Conversion of Single Residential Unit Development to Two (2)…

The purpose of this article is to implement the provisions of Section 65852.21 of the California Government Code.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

A. Generally. Except as otherwise provided, any existing single residential dwelling unit (as defined in EGMC Section 23.26.050(D)(5)) within a qualifying zoning district may be modified into a two (2) residential dwelling unit (as defined in EGMC Section 23.26.050(D)(6)), provided the conversion is consistent with the provisions of this chapter.

B. Qualifying Zoning District. The provisions of this chapter are only applicable within the Agricultural Residential (AR) zoning districts (AR-1 through AR-10) and the Residential Districts (RD) of RD-1 through RD-15. This chapter shall not apply to any other zoning districts.

C. Prohibited Development. The conversion of an existing single residential dwelling unit to a two (2) residential dwelling unit shall be prohibited in the following locations and circumstances as provided in State law:

1. The lot is located within any of the following:

a. Land designated as either prime farmland or farmland of Statewide importance.

b. Land meeting the definition of a wetland as defined in United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c. Land within a very high or high fire hazard severity zone, or within the State responsibility area.

d. 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 Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the California Health and Safety Code, unless either of the following apply:

i. The site is an underground storage tank site that received a uniform closure letter issued pursuant to Section 25296.10(g) of the California Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.

ii. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to Section 25296.10(c) of the California Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.

e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the 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 California Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

f. A special flood hazard area subject to inundation by the one (1%) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency (see the F-100 and F-100/200 overlay zoning district), unless:

i. The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

ii. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

h. Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.

2. The proposed conversion would 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.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

c. Housing that has been occupied by a tenant in the last three (3) years.

3. The subject project site is one where an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the application for urban lot split is filed with the City.

4. The project is located within a historic district or property included on the State Historic Resources Inventory or within site that is designated or listed as a City landmark or historic property or district pursuant to EGMC Chapter 7.00 (Historic Preservation).

D. Allowed Unit Configurations. The resulting units in a two (2) residential dwelling unit may be permitted in the following configurations, provided that no more than two (2) primary units, either detached or attached, are located on the lot.

1. One (1) new unit incorporated entirely within an existing residential unit.

2. One (1) new unit incorporated entirely within an existing accessory building, including a garage.

3. One (1) new unit attached to and increasing the size of an existing residential unit or an existing accessory building.

4. One (1) new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, or is attached by a breezeway or porch, is considered detached.

5. Two (2) newly constructed attached units (e.g., duplex) or two (2) detached residential units on a vacant lot.

6. A two (2) residential unit development in any of the configurations described above may be added to a newly created lot concurrently with approval for an urban lot split, pursuant to EGMC Section 22.16.110 (Urban lot split); however, the provisions of that section shall not be used to permit more than two (2) units on a lot.

E. Accessory Dwelling Unit. Notwithstanding any other provisions of this title, inclusive of EGMC Chapter 23.90 (Accessory Dwelling Units), once the conversion of a qualifying single residential unit development to two (2) residential unit development has been constructed, no more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit may be permitted on the subject property, for a maximum of four (4) units total (e.g., two (2) primary units, one (1) accessory unit, and one (1) junior accessory unit).

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

The conversion of qualifying single residential unit development to two (2) residential unit development shall be subject to administrative zoning clearance/plan check as provided in EGMC Section 23.16.020 (Zoning clearance/plan check). No design review, conditional use permit, or other entitlement shall be required. An application for a proposed housing development pursuant to this section shall be considered and approved or denied within sixty (60) days from the date the local agency receives a completed application. If the City denies an application for a proposed housing development pursuant to this section, the City will return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

Except as otherwise provided herein, the conversion of an existing single residential dwelling unit to a two (2) residential dwelling unit shall conform to the development standards provided in EGMC Section 23.29.020 for the underlying zoning district, any applicable standards of an applicable overlay district or Special Planning Area zoning district, and applicable standards of Division IV (Site Planning and General Development Standards) of this title.

A. Setbacks. All structures in a two (2) residential unit development, including accessory structures, shall comply with the setback standards for the applicable base zoning district and any applicable overlay district(s), with the following exceptions:

1. Rear and Interior Side Setbacks. The rear and interior side yard setbacks for new residential buildings and modifications to existing buildings may be reduced to a minimum of four (4' 0") feet.

2. Conversion. No new setback is required to convert an existing, legally permitted, building into a two (2) residential unit development. Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to EGMC Chapter 23.84 (Nonconforming Uses, Buildings, and Structures).

3. No new setback is required when an existing main or accessory building is substantially redeveloped and converted to two (2) residential unit development; provided, that the new building is reconstructed in the same location and with the same dimensions as the existing building.

B. Parking. Notwithstanding EGMC Chapter 23.58 (Parking), one (1) off-street vehicle parking space is required for each unit in a two (2) unit residential development, except as otherwise provided below. Required parking may be provided as either covered or uncovered parking and shall be located on the same lot as the residential unit served. All provided parking shall meet the minimum dimensions, location, and other applicable development standards provided in EGMC Section 23.58.090 (Parking design and development standards).

1. Parking Exemptions. No parking is required if the lot is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the California Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the California Public Resources Code; or if there is a car share vehicle located within one (1) block of the lot.

2. Replacement Parking Required. When an existing garage, carport, or other covered or enclosed parking area is converted or demolished in order to construct a new unit, at least one (1) replacement parking space, which may be covered or uncovered, must be provided for each unit unless the project is exempt from parking.

C. Garage Conversions. If a garage is converted into a new unit, the garage door opening shall be replaced with exterior wall coverings or residential windows and doors to match the existing garage wall covering and detailing.

D. Garage Frontage Limits. The cumulative total width of any garage doors along either the front or street side frontage of a structure shall not exceed fifty (50%) percent of the length of that frontage of the structure.

E. Design Style. Additions or new construction shall comply with the following:

1. On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.

2. If development is proposed on a lot where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes.

F. Well and Septic Requirements. For units created pursuant to this chapter where the lot is serviced by private well and septic systems, each unit shall have its own, independent well and septic system. No building permit shall be issued until permits for the well and septic system have been issued by Sacramento County Environmental Management Department. Well and septic systems shall comply with the standards of Sacramento County Code Chapter 6.28 (Wells and Pumps) and Chapter 6.32 (On-Site Management of Wastewater).

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)

Each unit may be rented separately, however, rental terms shall not be less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one (1) thirty-one (31) day period occupancy by the same tenant. Prior to issuance of the building permit, the property owner shall execute and the City shall record an agreement, in a form satisfactory to the City, which outlines the requirements regarding the rental terms of a two (2) residential unit development as specified in this section.

(Ord. 13-2025 § 3 (Exh. E), eff. 7-25-2025)