Manhattan Beach Municipal Code Ch. 10.78 SB 9 Unit Developments

The purpose of this chapter is to implement the requirements of Government Code Section 65852.21 to allow a proposed housing development containing no more than two (2) residential units on a single lot within a single-family residential zone. Except as expressly provided in this chapter or Government Code Section 65852.21, all other applicable regulations in the Municipal Code shall apply.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)

"Existing residence," for purposes of this chapter, means a dwelling unit that has been constructed legally.

"Flag lot," for purposes of this chapter, means a lot resulting from a subdivision of land wherein the lots or parcels of land are laid out one (1) behind the other, with only one (1) lot or parcel of land (referred to as the front lot) having frontage on a public street, other than a driveway or access easement for the rear lot.

"Primary dwelling unit," for purposes of this chapter, means a single-family residence that is not an ADU or JADU.

"Principal residence," for purposes of this chapter, means the owner-occupied residence on the property.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)

A. The project is located on a parcel within the RS Single-Family Residential Zoning District.

B. Applicants are required to submit an application, accompanied by a fee set by the City Council, including submittal documents required by the Community Development Director.

C. The applicant and the property owner shall provide a sworn statement affirming eligibility with the regulations contained in this chapter.

1. The City, at the applicant's expense, may conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

D. All new residential units shall satisfy the requirements of the California Building Standards Code, as amended by the City, and any other applicable laws.

E. Applications submitted pursuant to this chapter shall be considered ministerially, without discretionary review or a hearing, consistent with state law.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)

Residential developments pursuant to Government Code Section 65852.21 shall also comply with the following standards:

A. Number of Units Permitted.

1. A maximum of two (2) primary dwelling units may be permitted on an RS zoned lot that has not undergone an urban lot split pursuant to Chapter 11.40.

2. A maximum of four (4) total units shall be permitted on a lot that has not undergone an urban lot split pursuant to Chapter 11.40, inclusive of ADUs and JADUs. The maximum number of units permitted may be any combination of primary dwelling units, ADUs, or JADUs, provided that the total permitted number of units per lot is not exceeded, and is subject to the limitations on the development of ADUs and JADUs found in Chapter 10.74 (Accessory Dwelling Units).

3. A maximum of two (2) units shall be permitted on a lot that has been created by an urban lot split pursuant to Chapter 11.40, inclusive of ADUs and JADUs.

B. Development Standards.

1. Demolition Cap. Residential development pursuant to Government Code Section 65852.21 may not involve the demolition of more than twenty-five (25) percent of the existing exterior structure walls of an existing dwelling, unless the site has not been occupied by a tenant in the last three (3) years.

2. Configuration. Primary dwelling units, may be attached to, adjacent to, or detached from, any other dwelling unit on the parcel, subject to subsection (B)(1).

3. Height. New units shall be subject to the RS base district and Area District regulations as defined in Section 10.12.030.

4. Setbacks.

a. New units, inclusive of attached garages, shall be built no less than four (4) feet from the side and rear property lines, and comply with the underlying zoning district front setback requirement.

i) Exception. For flag lots, the front setback shall be measured from the portion where the "flag pole" meets the flag portion of the lot and to the face of the structure.

b. No new setbacks shall be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure.

c. Detached primary dwelling units shall have a minimum ten-foot building separation from each other.

5. Parking.

a. Required parking shall be accessed via an alley for a parcel abutting an alley.

b. One (1) enclosed or partially enclosed parking space is required for each new unit created pursuant to the regulations in this chapter, except when the parcel upon which the unit is created is located within one (1) block of a car share vehicle or within one-half (½) mile walking distance to:

i) A high quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code.

ii) A major transit stop, as defined in Section 21064.3 of the Public Resources Code.

c. If the residential development requires the conversion or demolition of a garage, carport, or covered parking structure required under Chapter 10.64, replacement parking space(s) shall be provided in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, without adversely impacting traffic flow and public safety.

d. The placement and dimensions of all new and replaced parking spaces, driveways, vehicular access, turning radius and similar parking standards shall comply with the requirements set forth in Chapter 10.64.

6. Additional Requirements.

a. Non-public utility electrical elements such as wires, conduits, junction boxes, and switch and panel boxes shall be screened from view from adjacent public rights-of-way.

b. Refuse containers shall comply with Section 5.24.030.

c. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.

d. Residential units developed pursuant to this chapter shall not be owned or conveyed separately from the other primary unit on the same lot.

e. Notwithstanding any provision of Government Code Section 65852.21 or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:

i) 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.

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

7. Exceptions. The Community Development Director shall approve an exception to any of the objective standards specified herein that would have the effect of physically precluding the construction of up to two (2) primary dwelling units or that would physically preclude either of the two (2) primary dwelling units from being at least 800 square feet in floor area.

8. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the City Attorney prior to issuance of a building permit, placing the following restrictions on the property, the property owner, and all successors in interest.

a. Non-residential uses on the site shall be prohibited except as allowed by Section 10.52.070;

b. Short-term rentals for periods less than thirty (30) days of any unit on the site shall be prohibited;

c. Access to the public right-of-way/alley shall be maintained in perpetuity;

d. All required parking shall be maintained; and

e. The property owner and all successors in interest shall maintain the residential development(s) and the property in accordance with all applicable Government Code Section 65852.21 requirements and standards.

9. Denial. The Community Development Director may deny an application for an urban lot split pursuant to Government Code Section 65852.21 by making the following findings in writing based upon a preponderance of evidence:

a. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined in Government Code Section 65589.5(d)(2); and

b. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(§ 1, Ord. No. 23-0014, eff. December 19, 2023)