Chapter 17.80 — URBAN DWELLING UNITS

The purpose of this chapter is to implement Government Code section 65852.21, which requires a city to ministerially approve urban dwelling units located within a single-family residential zone if an application meets certain state and municipal requirements. In the event of any conflict between the provisions this chapter and Government Code section 65852.21, as it may be amended, Government Code section 65852.21 will govern.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

17.80.020 - Definitions.

The following definitions will apply to this chapter:

"Urban dwelling unit" means a dwelling unit established or proposed to be developed in accordance with the standards, procedures, and requirements set forth under Government Code section 65852.21 and this Code.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

17.80.030 - Urban dwelling unit general requirements.

A.

Location Requirements. An application for development of an urban dwelling unit must meet all the following location requirements:

1.

The subject parcel must be located in one of the following residential zones: R-A-E, R-A-10, R-A-15, R-A20, or RPD where the property was developed using the R-A-20 zone development standards.

2.

The subject parcel may not be located in an area designated in Government Code sections 65913.4(a)(6)(B) through (K).

3.

The subject parcel may not be located within a historic district or property or within a site that is designated or listed as a city or county landmark or historic property or district under a city or county ordinance, as set forth in Government Code section 65852.21(a)(6).

B.

Limitation on Demolition and Alterations. A proposed urban dwelling unit may not involve demolition or alteration of:

1.

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.

2.

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

3.

Housing that has been occupied by a tenant in the last three years.

C.

Limitation on Parcels Withdrawn from Rental Market. A proposed urban dwelling unit may not involve property withdrawn from rental market under Government Code section 7060 and following, within fifteen years before the date that the submittal of an application.

D.

Two Residential Unit Limitation. No more than two dwelling units may be developed on the underlying parcel. Existing accessory dwelling units and junior accessory dwelling units will be counted toward this maximum number of units.

E.

Owner Occupancy Affidavit. The owner of the property proposing to develop an urban dwelling unit must sign an affidavit stating that the owner will occupy one of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the occupancy of the urban dwelling unit. This affidavit is required to be recorded.

F.

Compliance with Homeowners' Association Declaration. If the underlying parcel is subject to a recorded declaration of a homeowners' association, the applicant must provide a letter from the homeowners' association authorizing or consenting to the development of an urban dwelling unit on the parcel. Alternatively, if the applicable homeowners' association believes the proposed urban lot split and development of one or more urban dwelling units is inconsistent with the recorded declaration, it may file a notice of objection with the community development department setting forth the basis for its objection. For the purpose of this section, a "homeowners' association" means any "association" as defined under Civil Code section 4080 that is created for the purpose of managing a common interest development, and the term "declaration" has the meaning set forth in Civil Code section 4135. The intent of this subsection is to alert homeowners' associations of a pending urban lot split and urban dwelling unit application in their neighborhood. Accordingly, the filing of a notice of objection by a homeowners' association will not constitute independent grounds for the denial of an application, as the homeowners' association may privately enforce an alleged violation of its declaration.

G.

Residential Use Requirement. Urban dwelling units are limited to residential uses.

H.

Short-Term Rental Limitation. Urban dwelling units may not be rented for a term shorter than thirty days in accordance with Chapter 17.47 of this code.

I.

Fees. Urban dwelling units will be subject to applicable development fees as established by resolution. The amount of fees to be paid will be those in effect at the actual time of payment of such fees.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022; Ord. No. 753, § 4, 7-22-2025)

A proposed urban dwelling unit must comply with the following development standards:

A.

Development Standards of Applicable Zone. All applicable objective development standards of the zoning district in which the property is located will apply, including, but not limited to, setbacks and lot coverage.

B.

Design Guidelines. All objective requirements of the city's design guidelines will apply.

C.

Unit Size. Urban dwelling units must be at least eight hundred square feet in floor area.

D.

Parking. At least one off-street parking space is required per urban dwelling unit; provided, however, no parking space will be required when at least one of the following conditions exists:

1.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code

2.

There is a car share vehicle available within one block of the parcel.

E.

Height. Urban dwelling units may not exceed sixteen feet in height; provided, however, that if an applicant desires to have a two-story structure, the applicant may voluntarily elect to pursue approval of a neighborhood compatibility determination in order to allow the height to exceed sixteen feet.

F.

Building and Construction Standards. Any proposed urban dwelling unit must be built in accordance with the building and construction standards set forth in Title 15 of this code, and must obtain all applicable building and construction permits required under Title 15 of this code.

G.

Other Objective Standards Adopted by Resolution. The city may adopt by resolution of the city council additional objective standards for the development of urban dwelling units including the incorporation by reference to existing provisions of this code. A compilation of such standards will be maintained on the city's website.

H.

Exceptions to Development Standards. If an applicant shows, to the satisfaction of the director, that the application of certain standards in this section will physically preclude the development of at least two eight hundred square foot units on a parcel, then such standards may be reduced in the following order of priority until the parcel can contain two, eight hundred square foot units:

1.

Enclosed parking requirements;

2.

Required setbacks between a residence and any horse keeping area required under Chapter 17.36 of this code; provided, however, that a setback of at least 15 feet is required;

3.

The overall size of any horse keeping area required under Chapter 17.36 of this code; provided, however, that to the extent feasible, the size of the horse keeping area should not be reduced below five hundred square feet;

4.

Lot coverage under Section 17.06.070 of this code; and

5.

Setbacks with the priority in reduction first applied to the front yard setback provided, however, that a setback of at least four feet is required from the rear and side property lines.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

17.80.050 - Filing of application, review and action.

A.

Application. A completed application on the form prescribed by the city must be submitted to the community development department along with any applicable fees.

B.

Notice of Application. Upon receipt of a complete application for an urban dwelling unit, the department of community development will send notice of such application to the owners of all properties located within a five hundred feet radius of the subject parcel. The cost of such mailing will be paid by the applicant.

C.

Staff Review. The director will circulate the application for an urban dwelling unit to applicable city departments for review and comment. All comments will be provided back to the applicant for review and any necessary revisions to the application and plans to meet required building and development standards.

D.

Timing of Action. The department will act on the application for an urban dwelling unit within sixty days from the date the department receives a completed application. If the applicant requests a delay in writing, the sixty-day time period will be tolled for the period of the delay. The department has acted on the application if it:

1.

Approves or denies the application for the urban dwelling unit; or

2.

Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter.

E.

Director Action.

1.

The director will ministerially approve the application if it meets all of the requirements of this chapter and issue the applicable permit. No discretionary review or public hearing is required. The director may condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed urban dwelling units and any easements deemed necessary for access to the public right-of-way.

2.

The director must deny the application if either of the following is found:

a.

The application fails to meet one of more objective requirements by this chapter. Any such noncompliance with a requirement will be specified in writing.

b.

The building official makes a makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 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.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

The applicant, or any aggrieved person, may appeal any decision of the director or building official concerning an application for an urban dwelling unit. Such appeal must be made in writing and filed with the department of community development within fifteen days from the date of the issuance of the decision. The appeal must be made on the approved form available from the department of community development and must include the grounds for the appeal and the appeal processing fee established by the city council. The city manager will schedule a date and time to hear the appeal within fifteen days after receipt of the appeal and will notify the appellant of such date and time. The city manager will issue a written decision within fifteen days after the conclusion of the appeal. The decision on the appeal will be final ten days following the date of the city manager's decision, and thereafter subject only to judicial review.

(Ord. No. 738, § 4(Exh. A), 3-22-2022; Ord. No. 739, § 4(Exh. A), 4-12-2022)

Chapter 17.82 - DEVELOPMENT AGREEMENTS

This chapter is enacted pursuant to Article 2.5 of Chapter 4 of Title 7 of the California Government Code (beginning at Section 65864) ("Development Agreement Law") to provide a means for the city and property owners and other interested parties to execute agreements on proposed plans of development for specific property. This chapter is designed to achieve the following purposes:

A.

To achieve consistency with the general plan and any applicable specific plan.

B.

To contribute to strengthening the planning process.

C.

To encourage private participation in the planning process.

D.

To reduce the economic costs of development to the public.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

The city may enter into a development agreement, as provided for in this chapter, with any person having a legal or equitable interest in real property within the city for the development of such property. For the purposes of this chapter, the parties to the development agreement will include their successors in interest.

B.

Development agreements, as described in this chapter, are governed by all applicable federal and state laws and regulations, including but not limited to the Development Agreement Law, as well as the provisions of this Code.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

Application for a development agreement must be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property. Applications must be filed with the department of community development on forms provided by the department. Applications must be accompanied by a filing fee, as established by resolution of the city council, as well as a proposed form of the development agreement, if any, as specified in Section 17.82.040.

B.

The applicant will be responsible for the costs of all staff time, including legal fees, incurred in processing the application, drafting the development agreement, preparing the requisite ordinance for approval, and if approved, the costs of periodic review of the development agreement.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

17.82.040 - Proposed form of development agreement.

A.

Each application must be accompanied by the form of development agreement proposed by the applicant unless the city manager, in consultation with the director of community development and city attorney, determines to provide the applicant with the form of a development agreement. The applicant may choose to use the form provided by the city and include specific proposals for changes in or additions to the language of the city's form.

B.

The proposed development agreement must contain all the elements required by Government Code section 65865.2 and may include any other provisions permitted by law, including the financing of necessary public facilities and the provision of sufficient security as approved by the city attorney to ensure provision of such public facilities.

C.

The proposed development agreement must also include the following:

1.

A legal description of the affected property, a listing of property owners, and if different, the proposed parties to the development agreement.

2.

A description of the development project, indicating the permitted uses of the property, floor-area ratio or density, building height and size, phasing of development, provisions for the reservation and dedication of land for public purposes and such additional information as may be required to allow the applicable criterion and factors to be applied to the proposal. Such information may include, but is not limited to, site and building plans, elevations, relationships to adjacent properties, and operational data. Where appropriate, the description may distinguish between elements of the project that are proposed to be fixed under the development agreement and those that may vary.

3.

An identification of any planned unit development permit or other special zoning approval that has already been obtained for the development project.

4.

The special conditions, if any, to be imposed.

5.

The timing of the development project.

6.

A statement of the relationship to any applicable specific plan and to the general plan.

7.

A statement of any density bonus sought under Chapter 17.76.

8.

A statement of any bonus level development sought in exchange for community amenities or benefits to be provided under Chapter 17.30.

9.

A provision prohibiting and waiving any claim for damages against city arising from any breach of the development agreement, and providing that specific performance is the exclusive remedy for any such breach.

10.

Other items specific to the project proposal, as determined by the city attorney or director of community development.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

After determining that the application is complete, the director of community development will conduct a review of the proposed development agreement. Thereafter, the director will prepare a staff report and recommendation and set the matter for public hearing by the planning commission.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

The planning commission will hold a public hearing on each application for a development agreement at the time and place set for such hearing. Notice of intention to consider recommendation of a development agreement will be given as provided for in Government Code sections 65090 through 65094, inclusive, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. If and when state law prescribes a different notice requirement, notice will be given in that manner. The planning commission may continue such hearing to a time, date and place certain. After the hearing, the planning commission will recommend to the city council approval, approval with modifications, or denial of the proposed development agreement.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

Upon receipt by the city council of the recommendation of the planning commission on an application for a development agreement, the city clerk will set the matter for public hearing by the city council. Notice of the public hearing will be given as provided in Government Code sections 65090 through 65094, inclusive, in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.

B.

After the hearing, the city council may approve, modify or deny the development agreement. The city council may refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission need not hold a public hearing on matters referred back to it by the city council.

C.

The city council may not approve the development agreement unless it finds that the agreement:

1.

Is consistent with the general plan, any applicable specific plan, and any applicable zoning ordinance(s);

2.

Conforms with public convenience, general welfare and good land-use practices;

Will not be detrimental to the health, safety and general welfare;

4.

Will not adversely affect the orderly development of property or the preservation of property values;

5.

Is consistent with the Development Agreement Law;

6.

Is consistent with all applicable provisions of Title 17 of this Code; and

7.

Will result in the provision of economic, environmental, recreational, cultural or social benefits to the city that would not be attainable without approval of the development agreement.

D.

Development agreements will be approved by ordinance, which will be adopted by the city council concurrent with or subsequent to the developer's execution of the development agreement.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A development agreement may be amended or terminated, in whole or in part, by mutual consent of the parties to the development agreement. Notice of intention to amend or terminate a development agreement will be subject to Sections 17.82.060 and 17.82.070 of this chapter. Amendment of the development agreement will be made by ordinance adopted by the city council.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

No later than ten days after the effective date of the ordinance approving the development agreement, or any amendment or termination of the development agreement, is approved by the city council, the city clerk will record a copy of the development agreement, amendment or termination, as applicable with the county recorder.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

The city council will review the development agreement every twelve months from the date the agreement is executed.

B.

The time for review may be shortened either by agreement between the parties or by initiation in one or more of the following ways:

1.

Recommendation of the director of community development;

2.

Resolution of intention by the planning commission;

3.

Resolution of intention by the city council.

C.

The director of community development will begin the proceeding by giving written notice that the city council intends to undertake a periodic review of the development agreement to the property owner, and if different, the party to the development agreement. The director of community development will give the notice at least ten days in advance of the date when the matter will be considered by the city council.

D.

The city council may refer the matter to the planning commission for review and recommendation in accordance with the procedures set forth in Section 17.82.110.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

A.

At the public review hearing, the party to the development agreement must demonstrate good faith compliance with the terms of the development agreement. The burden of proof on this issue is on the party to the development agreement.

B.

The city council will determine on the basis of substantial evidence whether the party to the development agreement has, for the period under review, complied in good faith with the terms and conditions of the development agreement.

C.

If the city council finds and determines on the basis of substantial evidence that the party to the development agreement has complied in good faith with the terms and conditions of the development agreement during the period under review, no other action is necessary.

D.

If the city council finds and determines on the basis of substantial evidence that the party to the development agreement has not complied in good faith with the terms and conditions of the development agreement during the period under review, the city council may initiate proceedings to modify or terminate the development agreement.

E.

If upon a finding under Section 17.82.110(D) the city council determines to modify or terminate the development agreement, the city council will give notice to the party to the development agreement, and if different, the property owner, of its intention to do so. The notice will state:

1.

The time and place of the hearing;

2.

A statement as to whether the city council proposes to terminate or to modify the development agreement;

3.

Other information that the city council considers necessary to inform the party to the development agreement/property owner of the nature of the proceedings.

Such notice may be given at the conclusion of the hearing held according to this section.

F.

At the time and place set for the hearing on modification or termination, the party to the development agreement, and if different, the property owner will be given an opportunity to be heard. The city council may refer the matter back to the planning commission for further proceedings or for a report and recommendation. The city council may impose conditions to the action it takes as the city council considers necessary to protect the interests of the city. The decision of the city council is final.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)

Approval and construction of a portion or phase of a development pursuant to the development agreement will not vest any rights to construct the remainder or any other portion of the development, or create any vested rights to the approval of the agreement if the development agreement is terminated as provided in this chapter.

(Ord. No. 744, § 5(Exh. C), 10-11-2022)