Article XVI — TWO-UNIT PROJECTS ON RESIDENTIAL PARCELS

The purpose of this Article is to allow and appropriately regulate two-unit residential development projects in accordance with Government Code section 65852.21 in single-family residential zones that permit single-family residences. (Ord. 2985, 2025)

ACCESSORY DWELLING UNIT: A residential dwelling unit that is accessory and subordinate to a primary dwelling unit located on the same parcel, and such accessory unit meets the criteria or requirements for an Accessory Dwelling Unit pursuant to Redlands Municipal Code Chapter 18.156, Article VII (Accessory Dwelling Units) or current State law.

PRIMARY DWELLING UNIT: For purposes of this article, means a single-family residence that does not meet the criteria or requirements for an Accessory Dwelling Unit pursuant to Redlands Municipal Code Chapter 18.156, Article VII (Accessory Dwelling Units) and/or current State law.

SB 9: Senate Bill 9 effective beginning January 1, 2022, and codified in California Government Code section 65852.21.

SINGLE FAMILY RESIDENTIAL ZONE: For purposes of this section, means a land use district with a zoning designation as R-E, R-S, R-1, R- 1-D, R-R, R-R-A, R-A, R-A-A, or a single-family district within an adopted Specific Plan of the City.

TWO-UNIT PROJECT: The development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this article. (Ord. 2985, 2025)

A. The individual property owner(s) of the subject property may apply for a two-unit project. "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. Corporations, including but not limited to LLCs, are not eligible applicants because they cannot satisfy the three-year occupancy requirement. "Individual property owner" does not include any corporation or corporate entity or person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.), except for a community land trust (as defined by Revenue & Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue & Tax Code Section 214.15).

B. An application for a two-unit project must be submitted on the City's approved form together with all required application submittal items, project plans, and other materials.

C. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

D. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (Ord. 2985, 2025)

18.156.1330: DEVELOPMENT STANDARDS:

A two-unit project must satisfy each of the following development standards and requirements:

• A. Map Act Compliance: The existing lot must have been legally subdivided.

B. Zone: The lot is in a single-family residential zone of the City of Redlands (R-1, R-1-D, R-S, R-A, R-A-A, R-E, R-R, or R-R-A zoning districts) or a single-family district within an adopted Specific Plan of the City.

C. Lot Location: The lot is not located on a site that meets any of the location criteria as listed in Government Code § 66411.7(a)(3)(C) (and incorporating Government Code section 65913.4(a)(6)(B) - (K) by reference).

D. Not Historic: The lot shall not be within a site that is designated or listed as a city landmark or historic property or historic/scenic district, and the lot shall not be a historic property or within a historic district that is listed on the State Historic Resources Inventory (as defined in Section 5020.1 of the Public Resources Code).

E. No Impact On Protected Housing: The two-unit project must not require or include the demolition or alteration of any of the types of housing identified in Government Code § 65852.21(a)(3)-(4), inclusive.

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 that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which a two-unit development is sought must 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. Dwelling Unit Standards:

1. Quantity: For purposes of this section, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a Junior ADU.

a. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split

b. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or Junior ADU that must be allowed under State law and the City's ADU ordinance, not to exceed two (2) primary dwelling units per lot and a combined total of four (4) dwelling units within the development.

2. Height Restriction: All dwelling units shall be subject to the same height limitations applicable to the underlying zone.

3. Lot Coverage: The lot coverage limit shall be applicable within the zoning district where the subject property is located. This lot coverage standard is only enforced to the extent that it does not prevent the construction of two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

4. Open Space: The new development shall be subject to the open space requirement, if any, imposed within the zoning district where the subject property is located. This open space standard is only enforced to the extent that it does not prevent the construction of two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

5. Setbacks:

• a. Generally: All setbacks must conform to those objective setbacks that are applicable to the underlying zone.

• b. Exceptions: Notwithstanding subsection F1a above:

(1) Existing Structures: No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(2) Eight hundred (800) square-feet; four-foot (4') side and rear setbacks. Exceptions to the setbacks imposed by the underlying zone may be applied to the degree necessary to avoid physically precluding up to two (2) units on the lot or either of the two (2) units from being of at least eight hundred (800) square feet in floor area on the subject property; but in no event may any structure be less than four feet (4') from a side or rear property line.

and rear setbacks. Exceptions to the setbacks imposed by the underlying zone may be applied to the degree necessary to avoid physically precluding up to two (2) units on the lot or either of the two (2) units from being of at least eight hundred (800) square feet in floor area on the subject property; but in no event may any structure be less than four feet (4') from a side or rear property line.

(3) New Structures: Shared interior lot line; zero foot (0') interior side setback. Setback requirements for an interior side lot line, where the interior lot line is shared between the two (2) new parcels (and the lot line is perpendicular to the primary street frontage of both lots), may be modified to permit a zero foot (0') side setback. The intent of this provision is to permit a shared wall between two (2) new dwelling units on separate lots, so that the combined structure has the appearance from the street as one single-family residence. Designs with a shared common wall shall comply with all applicable California Building Code regulations, and the Director may require a Homeowners' Association as well as CC&Rs for the subject properties. If this provision for a zero foot (0') interior side setback is not utilized, then the standard setback requirement shall apply, and in no case shall be less than four feet (4').

6. Parking: Each new primary dwelling unit shall have one (1) off-street parking space per unit on a paved surface, which may be covered or uncovered, placed outside of all required setbacks, and constructed in accordance with the applicable provisions of Article I of Chapter 18.164 of this title. Off-street parking shall not be required if one of the following applies:

• a. The lot is located within one-half mile walking distance of either:

• (1) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

(2) A site that contains one of the following: an existing rail or bus rapid transit station; or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

b. The site is located within one block of a car-share vehicle location that is permanently installed and permanently marked for car-share pickup or dropoff service.

7. Nonconforming Conditions: A two (2) unit project may be approved without requiring a legal nonconforming zoning condition or standard

to be corrected. This provision shall supersede Chapter 18.184 of Title 18 of the Redlands Municipal Code for the duration that applicable State law remains in effect.

8. Utilities: Each primary dwelling unit on the lot that is or that is proposed shall comply with the development regulations applicable to the underlying zone.

9. Building And Safety: All structures built on the lot shall comply with all building code regulations applicable to the underlying zone.

G. Fire Hazard Mitigation Measures: For a development project on a lot that is located in a fire hazard severity zone (as defined by the California Department of Forestry and Fire Protection), the proposal shall comply with all applicable fire-hazard mitigation measures:

1. The proposed development complies with the applicable provisions of the California Fire Code, and any amendments thereto adopted in the Redlands Municipal Code, that apply uniformly to development within the underlying zone.

2. The proposed development complies with the applicable provisions of the California Building Code (including Chapter 7A), and any amendments or additions thereto adopted in the Redlands Municipal Code (including RMC Chapter 15.30 Wildland-Urban Interface Code), that apply uniformly to development within the underlying zone.

3. The subject property will comply with all applicable landscape design, materials, fuel modification, and vegetation management requirements of applicable State law (including but not limited to Calif. Gov. Code § 51182, Public Resources Code § 4291, Calif. Fire Code § 4906, and Calif. Building Code Chapter 7A) for requirements pertaining to landscape fuel modification zones and vegetation management that apply uniformly to development within the underlying zone.

H. Regulation Of Uses:

1. Residential-Only: No non-residential use is permitted on the lot.

• a. Home occupations may be permitted with a Home Occupation Permit issued pursuant to Chapter 18.160 of this title.

• b. Small family daycare homes may be permitted pursuant to Chapter 18.156, Article VIII, of this title.

• c. Single-room occupancy residential facilities may be permitted pursuant to Chapter 18.156, Article XV, of this title.

2. No Short-Term Rentals: No dwelling unit on the lot may be rented for a period of less than thirty (30) days.

• I. Deed Restriction: The owner must 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 (30) days.

2. Expressly prohibits any non-residential use of the lot.

3. States that the property was developed pursuant to SB 9 and shall not be further developed with additional primary dwelling units, or further subdivided subsequent to a prior SB 9 lot split.

J. Undergrounding Of Utilities: For construction of new SB 9 dwelling units, utility laterals and connections shall be installed underground for the new unit(s). (Ord. 2985, 2025)

A. Notwithstanding anything else in this section, the city may deny an application for a two-unit project 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 public health and safety 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 Gov. Code § 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 ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue & Taxation Code section 214(g).

C. The building official may consult with and be assisted by Planning staff, Engineering staff, and others as necessary in making a finding of specific, adverse impact. (Ord. 2985, 2025)

A. An application for a two-unit development pursuant to SB 9 is approved or denied ministerially, by the Development Services Director, without discretionary review.

B. A two (2) unit development is approved ministerially if it complies with all the requirements of this article.

C. The approval must require the owner and applicant to hold the City of Redlands harmless from all claims and damages related to the approval and its subject matter.

D. The approval must require the owner and applicant to reimburse the City of Redlands for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this article.

E. Notice Of Denial: If an application for an SB 9 two-unit housing project is denied, then the Development Services Director shall notify the applicant within sixty (60) days from receipt of the application and provide 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. (Ord. 2985, 2025)

Appeal of the decision by the Development Services Director with respect to a two-unit development shall be made to the planning commission or city council in accordance with the provisions of section 18.193.070 of this title. (Ord. 2985, 2025)

18.156.1370: EXTENSION AND AMENDMENT:

Construction plans or plan checks deemed by the department to be in substantial conformance with the approved two-unit development plan and/or tentative parcel map shall be reviewed by the Development Services Director or designee. The Development Services Director may approve or deny the request for an amendment through the ministerial plan check process, or may require the filing of a new two-unit development plan and/or new tentative parcel map for major amendments deemed not to be in substantial conformance with the approved two-unit development plan or tentative parcel map. (Ord. 2985, 2025)

If a two-unit project 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 of Redlands 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 ($10,000.00), 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 the Redlands Municipal Code. (Ord. 2985, 2025)