Sec. 44-825. - Permit procedures.

(a)

Permits. All single family residential duplexes require a single family residential duplex permit. The applicant shall also obtain any and all other permits required by this Code, including but not limited to a building permit.

(b)

Application processing. An application for a single family residential duplex permit shall be made on forms provided by the City's Community Development Department and be submitted with any applicable fees pursuant to the most current fee schedules adopted by the City Council. The application shall include all information needed to determine compliance with this chapter. The application fee shall be established by resolution of the City Council.

(c)

Application review.

(1)

The Community Development Department Planning Division will review complete applications for single family residential duplex permits for compliance with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. The single family residential duplex permit application shall be considered ministerially without any discretionary review or a public hearing.

(2)

The Community Development Department Planning Division may deny a single family residential duplex permit application if it fails to comply with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. In addition to the foregoing, the Community Development Planning Division may deny a single family residential duplex permit application if it makes a written finding, based upon a preponderance of the evidence, that the proposed single family residential duplex would have a specific, adverse impact, as defined and determined in Government Code § 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. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(3)

Except as otherwise provided in this Code, the construction of a single family residential duplex shall be subject to any applicable fees adopted pursuant to the requirements of Government Code §§ 66000 et seq. and 66012 et seq.

(d)

Notice of construction. At least 30 business days prior to the starting of any construction of a structure on a lot created by an single family residential duplex, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:

(1)

Notice that construction has been authorized.

(2)

The anticipated start and end dates for construction.

(3)

Contact information for the project manager (for construction related complaints.

(Ord. No. 2022-01, § 19, 5-3-2022)

Sec. 44-826. - Objective development standards.

The development standards set forth below shall apply to all single family residential duplexes. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State law.

(1)

Location and zoning requirements. Single family residential duplexes shall only be allowed in single family residential zoning district, in accordance with the permit and development standards described in this section, subject to the exceptions set forth below.

a.

Farmland. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

b.

Wetlands. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c.

Fire zones. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code § 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code § 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to Government Code § 51179(b), or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

Hazardous waste site. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon a hazardous waste site that is listed pursuant to Government Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code § 25356, 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 or residential mixed uses.

e.

Earthquake zone. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within 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 (Health and Safety Code § 18901 et seq.), and by any local building department under Government Code § 8875 et seq.

f.

Flood plain areas. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), Single Family Residential Duplexes shall not be located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. Notwithstanding the foregoing, a single family residential duplex may be located on a site described in this subparagraph if either of the following are met:

1.

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

2.

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, and complies with the City's regulations related to its City's flood plain overlay districts.

g.

Regulatory floodways. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the applicant has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's flood plain overlay districts.

h.

Conservation lands. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), other adopted natural resource protection plan, or that is otherwise subject to a conservation easement.

i.

Protected habitat. Pursuant to Government Code §§ 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon 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. § 1531 et seq.), the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.).

j.

Existing non-conforming structure or use. The City shall not require, as a condition for ministerial approval of a single family residential duplex application the correction of nonconforming zoning conditions. No single family residential duplex shall be constructed on any lot which has an existing development constructed upon it, which is non-conforming with respect to the City's current use or development standards unless the proposed single family residential duplex complies with the current applicable land use regulations of this Code.

k.

Historic district or property. No single family residential duplex shall be located within a historic district or upon property included on the State Historic Resources Inventory, as defined in Public Resources Code § 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

(2)

Restrictions related to existing affordable housing and rentals. Except as provided herein, a single family residential duplexes shall not require demolition or any alteration of any of the following types of housing:

a.

Existing housing upon the lot which the single family residential duplex is proposed 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.

Existing housing upon the lot which the single family residential duplex is proposed that is subject to any form of rent or price control through the City's valid exercise of its police power.

c.

Existing housing upon the lot which the single family residential duplex is proposed that has been occupied by a tenant in the last three years. In the event that a tenant has occupied housing upon which the single family residential duplex is proposed within the last three years, the construction of a proposed single family residential duplex shall not require the demolition of more than 25 percent of the existing housing exterior structural walls.

d.

A single family residential duplex shall not be located upon a parcel on which an owner of residential real property has exercised the owner's rights under Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an application.

(3)

No more than two units per urban lot split parcel. No more than two units (whether primary, accessory, or single family residential duplex) shall be allowed per parcel. In no event shall a single family residential duplex permit application be used to construct more than two dwelling units per parcel created through the exercise of the authority contained in article VI, division V, urban lot splits.

(4)

Sale, rental, and occupancy of units. Single family residential duplexes shall not be rented for less than 30 days. One of the single family residential duplex shall be occupied by the owner of the parcel. Notwithstanding the foregoing, if an owner processes an urban lot split pursuant to article VI, division V and constructs a single family residential duplex on both lots, then only one of the single family residential duplex units on the two parcels needs to be occupied by the owner of the parcel as the owner's primary residence.

(5)

Deed restriction. A deed restriction prepared by the City shall be recorded on the subject property prior to issuance of the certificate of occupancy for the single family residential duplex stating that:

a.

The single family residential duplex shall not be rented for less than 30 days;

b.

One of the single family residential duplex units shall be occupied by the owner of the parcel;

c.

Single family residential duplex units not occupied by the owner of the parcel shall be occupied by very-low to low-income households for a period of 60 years from the date, following the recordation of the restriction, when a single family residential duplex unit is first occupied; and

d.

The deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

(6)

Required setbacks.

a.

All single family residential duplexes shall strictly comply with at least a four-foot side setback and at least a four-foot rear yard setback. All single family residential duplexes must also strictly comply with the front yard setback requirement of the underlying zoning district in which it is located. No portion of a single family residential duplex, including but not limited to HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front yard setback.

b.

No setback requirement shall be required for a legally existing detached accessory structure, which is converted into a single family residential duplex. However, the converted single family residential duplex must comply with all of the other requirements of this section, including but not limited to the size, height, building separation, parking and permitting requirements set forth herein.

c.

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.

d.

To the extent that another permit, approval, or easement, including a public utilities easement, applicable to the parcel requires a setback greater than those provided in this section, a single family residential duplex shall comply with those setback requirements.

(7)

Maximum height/stories. All single family residential duplexes shall be subject to a height limitation of 16 feet, and shall be limited to one story.

(8)

Building separation requirements. All single family residential duplexes shall comply with the City's building separation requirements as set forth in chapter 44, section 44-79.

(9)

Single family residential duplex unit size requirements.

a.

The total floor area of each single family residential duplex unit shall be a minimum of 500 square feet in area and a maximum of 800 square feet in area.

b.

A primary dwelling proposed to be included in a single family residential duplex that was legally established prior to the date a single family residential duplex permit application is approved and that is larger than 800 square feet is limited to the lawful floor area at the time the single family residential duplex permit application is approved and shall not be expanded.

c.

A primary dwelling unit that was legally established prior to the date a single family residential duplex permit application is approved and is smaller than 800 square feet may be expanded to a maximum of 800 square feet after the date a single family residential duplex permit application is approved.

(10)

Additional requirements.

a.

All single family residential duplexes shall be constructed upon a permanent foundation.

b.

Single family residential duplexes shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including but not limited to washer dryer hookups and kitchen facilities.

c.

All single family residential duplexes must have separate utility connections and separate utility meters.

d.

Each single family residential duplex unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.

e.

All single family residential duplexes must meet the requirements of all Uniform Codes, including but not limited to the California Building Code and the California Fire Code, as such codes have been adopted and amended by chapter 10 of this Code.

f.

Each unit which is attached to or detached from an existing or proposed dwelling shall have the same design, materials, finishes, dominant roof pitch, and colors as the attached dwelling and shall be in accordance with code standards and design guidelines for the zoning district in which the lot sits. If there is a legal primary dwelling on the lot when a single family residential duplex permit application is approved, any new single family residential duplex unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. If there is no legal primary dwelling unit on the lot before the single family residential duplex is approved, the single family residential duplex units shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The "dominant roof" pitch means the slope shared by the largest portion of the roof.

g.

No window or door of a single family residential duplex unit may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

h.

Lots containing or proposed to contain a single family residential duplex shall be fully landscaped and consistent with the applicable provisions of State Model Water Efficient Landscape Ordinance (MWELO) requirements.

i.

Single family residential duplexes shall comply with all applicable current local building standards.

j.

No roof decks or balconies shall be constructed above or upon a single family residential duplex.

k.

In the event that the property upon which the single family residential duplex is proposed is located within a homeowners association (HOA), the applicant shall submit to the City written evidence of the HOA's approval of the single family residential duplex concurrent with their single family residential duplex permit application. Failure to submit such written evidence shall be grounds for denial of the single family residential duplex permit application.

l.

Single family residential duplex units which are not inhabited as the primary residence of the owner of the parcel shall only be occupied by very-low to low-income households for a period of 60 years. A deed restriction shall be recorded prior to issuance of certificate of occupancy stating that, the single family residential duplex shall be occupied by very-low to low-income households for a period of 60 years from the date, following the recordation of the restriction, when a single family residential duplex unit is first occupied. An annual report shall be submitted to the City Finance Department or designee to verify compliance with the income restriction requirements.

m.

In no event shall single family residential duplexes be converted into condominiums.

(11)

Parking requirements. Except as provided below, single family residential duplexes shall meet the following parking standards:

a.

At least one off-street parking space within a fully enclosed garage having a minimum interior clear area measuring ten feet in width and 20 feet in length, non-tandem parking space, shall be provided per unit in a single family residential duplex.

b.

Parking spaces shall comply with chapter 44, article III, division 4 of this Code, except as may be permitted in this section, and be provided on the same lot as the single family residential duplex.

c.

The parking space(s) for the single family residential duplex units shall be in addition to the parking requirements for other units on the parcel.

d.

The foregoing parking standards shall not be imposed on an single family residential duplex in any of the following circumstances:

1.

The single family residential duplex is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop; or

2.

The single family residential duplex is located within one block of a car share vehicle.

(12)

Associated permits. If an application for a single family residential duplex triggers the requirement for a discretionary or ministerial permit other than a single family residential duplex permit and/or a building permit (including but not limited to a precise plan permit, conditional use permit and/or variance), those associated permits must be applied for and obtained prior to application for an single family residential duplex permit. The process for obtaining the associated permit(s) shall be as set forth in chapter 44 of this Code.

(13)

Standards precluding development. If an applicant submits plans showing that any of the objective standards which otherwise apply to single family residential duplex applications would have the effect of physically precluding the construction of up to two units or would physically preclude either of the two units from being at least 800 square feet in floor area, the Community Development Department shall ministerially permit the minimum deviation of the objective standards shown to physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area necessary to physically allow the single family residential duplex project. In no event shall the minimum rear and side setback requirements contained in this chapter be waived or modified pursuant to this subsection.

(Ord. No. 2022-01, § 19, 5-3-2022)