Paso Robles Municipal Code Ch. 21.65 Urban Dwelling Units

The purpose of this section is to allow and appropriately regulate urban dwelling units in accordance with California Government Code Section 65852.21.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An "urban dwelling unit" means the definition listed in Section 21.91.220 ("U" Definitions).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A. Only individual property owners may apply for an urban dwelling unit. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by California Revenue and Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

B. An application for an urban dwelling unit shall be submitted on the city's approved form and shall include information showing compliance with the applicable standards contained within this code.

C. When determined necessary by the zoning administrator, the applicant shall obtain a certificate of compliance for the lot in conformance with the Subdivision Map Act.

D. Only a complete application will be considered. The city shall inform the applicant in writing of any incompleteness within thirty days after the application is submitted.

E. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.

F. Other sections of this code are applicable to the extent they:

1. Are objective;

2. Avoid physically precluding a primary dwelling unit and urban dwelling unit least eight hundred square feet in floor area each; and

3. Do not conflict with Chapter 21.65 (Urban Dwelling Units).

G. In the event of a conflict, the provisions of Chapter 21.65 (Urban Dwelling Units) control.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A. An application for an urban dwelling unit shall be approved or denied ministerially, by the zoning administrator, without discretionary review. Requirements for urban dwelling units may not be modified with an applications for site plan modifications (Section 21.17.020) or development plan modifications (Section 21.16.020).

B. The ministerial approval of an urban dwelling unit shall not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C. The approval shall require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D. The approval shall require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An urban dwelling unit project shall satisfy each of the following requirements:

A. Map Act Compliance. The lot shall have been legally subdivided.

B. Zoning District. Urban dwelling units are allowed in the R-1 zoning district.

C. Lot Location.

1. The lot shall not be located on a site that is any of the following described by any of the subparagraphs of California Government Code Section 65913.4(a)(6)(B)—(K), as may be amended from time to time:

a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b. A wetland.

c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d. A hazardous waste site that has not been cleared for residential use.

e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f. Within a one-hundred-year flood hazard area, unless the site either:

i. Has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program and Chapter 21.80 (Floodplain Management) of this code.

g. Within a regulatory floodway, unless all development on the site has received a no-rise certification and is in compliance with city's floodplain ordinance (Chapter 21.80).

h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i. Habitat for protected species.

j. Land under conservation easement.

D. Not Historic. The parcel shall not contain a structure listed on the city's historic resources inventory, be a historic property, or be within a historic district that is included on the state historic resources inventory. Nor may the parcel be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

E. No Impact on Protected Housing. The urban dwelling unit project shall not require or include the demolition or alteration of any of the following types of housing:

1. Housing that is income-restricted for households of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code Sections 7060—7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

4. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban dwelling unit is sought shall provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F. Unit Standards.

1. Quantity.

a. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split (Chapter 22.34). For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, an ADU, or a JADU.

b. A lot that is not created by an urban lot split may have a primary dwelling unit, urban dwelling unit, plus any ADU or JADU that is allowed under state law and Chapter 21.58 (Accessory Dwelling Units).

2. Unit Size.

a. The total floor area of an urban dwelling unit that is developed under this chapter shall be a minimum of eight hundred square feet of conditioned living space.

b. No application of a development standard shall physically preclude the construction of up to two eight-hundred-square foot units on the lot. When necessary, development standards shall be modified by the zoning administrator in the following order and only as necessary to enable the construction of two eight-hundred-square-foot units:

i. Maximum lot coverage (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);

ii. Structure separation (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);

iii. Open space;

iv. Height;

v. Rear and side setbacks;

vi. Front setback;

vii. Oak tree preservation (Chapter 10.01).

3. Height and Setback Restrictions.

a. Existing structures. No setback is required for an existing legally established structure that is converted into an urban dwelling unit or for a new urban dwelling unit that is constructed in the same location and to the same dimensions as an existing legally established structure.

b. Urban dwelling units shall conform to the front setback for a primary dwelling unit in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]).

c. Urban dwelling units shall be limited to the side and rear setback and height combinations listed in Table 21.65.050-1 (Allowed Urban Dwelling Unit Height/Setback Combinations).

Table 21.65.050-1: Allowed Urban Dwelling Unit Side and Rear Setback/Height Combinations

d. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a urban dwelling unit.

4. Demolition Cap. The urban dwelling unit project may not involve the demolition of more than twenty-five percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

5. Open Space. All lots shall provide a usable, unobstructed natural or manufactured (graded) area ten feet in depth for each dwelling unit. "Usable" means that the slope is not more than five percent. Where a residential building is designed to be built into existing natural slopes, this requirement may be met by providing either a five-foot-wide usable manufactured area no less than the full width of a dwelling unit, or a deck a minimum of ten feet in depth and no less than the full width of a dwelling unit.

6. Parking. Each new primary dwelling unit or urban dwelling unit shall have at least one covered, off-street parking space per unit unless a parking space shall not be imposed by the city pursuant to California Government Code Section 66314(d)(10).

7. Architecture.

a. If there is a legal primary dwelling on the lot that was established before the urban dwelling unit, the urban dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

b. If there is no legal primary dwelling on the lot before the urban dwelling unit, the primary dwelling unit and urban dwelling unit shall match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

c. The urban dwelling unit and any primary dwelling unit built at the same time as the urban dwelling unit shall use at least five of the following architectural features on all front and any street side elevations and at least three of the following architectural features on all interior side and rear yard elevations, as appropriate for the building type and style:

i. Dormers;

ii. Gables;

iii. Recessed entries;

iv. Covered porch entries;

v. Cupolas or towers;

vi. Pillars or posts;

vii. Eaves (minimum six-inch projection);

viii. Off-sets in building face or roof (minimum sixteen inches);

ix. Window trim;

x. Bay or oriel windows;

xi. Balconies;

xii. Decorative patterns on exterior finishes (for instance, scales/shingles, wainscoting, ornamentation, and similar features); and

xiii. Decorative cornices and roof lines.

d. All exterior lighting shall be limited to down-lights that are shielded so that the light source is not visible from off-site. Shielding shall be at least two inches in dimension.

e. No window or glass door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential window within ten feet. Fencing, landscaping, or privacy glass (such as frosted glass) may be used to provide screening and prevent a direct line of sight.

8. Nonconforming Conditions. An urban dwelling unit may only be approved if all nonconforming zoning conditions are corrected.

9. Frontage Improvements. Frontage improvements for an urban dwelling unit shall be required to the extent applicable and consistent with state law and in conformance with Section 11.12.030 (Required Frontage Improvements—Curb, Gutter, Sidewalk, Curb Ramps, Driveway Aprons, Street and Alley Paving). Frontage improvements shall be constructed, prior to final occupancy of the first dwelling unit (primary or urban dwelling unit) constructed after application for an urban dwelling unit.

10. Utilities.

a. Each primary dwelling unit and urban dwelling unit on the lot shall have its own direct utility connection to each utility service provider.

b. Urban dwelling units shall be served by the city sewer system when reasonably available as specified in Section 14.08.270 (Permit for Septic System). For urban dwelling units where the sewer is not available, a private wastewater system shall meet the requirements of Article III (Private Wastewater Systems) of Chapter 14.08 (Sewerage System Operations) and the onsite wastewater treatment system (OWTS) Policy of the California Regional Water Quality Control Board. A percolation test shall be completed within the last five years or, if the percolation test has been recertified by a licensed civil engineer, within the last ten years.

c. Urban dwelling units shall be served by city water.

d. Building and Safety. All structures built on the lot shall comply with all current local building standards. A project under this chapter is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

11. Slope. Urban dwelling units are subject to the objective standards for hillside development (Chapter 21.81).

G. Fire-Hazard Mitigation Measures.

1. All dwellings on the site must comply with current building and fire code requirements for dwellings in a very high fire hazard severity zone.

2. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.

H. Separate Conveyance.

1. The dwelling units on the lot may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted within the lot.

3. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

I. Regulation of Uses.

1. Residential-Only. No nonresidential use is permitted on the lot.

2. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than thirty days.

3. Owner Occupancy. Unless the lot was formed by an urban lot split (Chapter 22.34), the individual property owners of a lot with an urban dwelling unit shall occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

J. Notice of Construction.

1. At least thirty business days before starting any construction of an urban dwelling unit, the property owner shall give written notice to all the tenants and owners of record of each of the adjacent residential parcels, which notice shall include the following information:

a. Notice that construction has been authorized,

b. The anticipated start and end dates for construction,

c. The allowed hours of construction,

d. Contact information for the project manager (for construction-related complaints),

e. Contact information for the property owner, and

f. Contact information for the community development department.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the city has no discretion in approving or denying a particular project under this chapter. This notice requirement is purely to promote neighborhood awareness and expectation.

K. Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.

2. Expressly prohibits any nonresidential use of the lot.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. If the lot is not created by an urban lot split (Chapter 22.34): expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

5. States that:

a. If the lot is formed by an urban lot split it is subject to the city's urban lot split (Chapter 22.34) regulations, including all applicable limits on dwelling size and development standards.

b. Development on the lot is limited to development of a primary dwelling unit (Sections 21.33.030 [Development Standards in Single-Family Residential Zoning Districts and 21.33.040 [Additional Development Standards in Single-Family Residential Zoning Districts), urban dwelling unit (Chapter 21.65), and accessory dwelling units (Chapter 21.58) except as otherwise provided or required by state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A. Notwithstanding anything else in this section, the city may deny an application for an urban dwelling unit if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B. "Specific adverse impact" has the same meaning as in California Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:

1. Inconsistency with the zoning code or general plan land use designation; or

2. The eligibility to claim a welfare exemption under California Revenue and Taxation Code Section 214(g).

C. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

If an urban dwelling unit violates any part of this code or any other legal requirement:

A. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

B. The city may:

1. Bring an action to enjoin any attempt to sell, lease, or finance the property.

2. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

3. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars, or both; or a misdemeanor.

4. Record a notice of violation.

5. Withhold any or all future permits and approvals.

6. Pursue all other administrative, legal, or equitable remedies that are allowed by law or this code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)