Article 4 — Two-Unit Developments

The Community Development Director or designee shall ministerially review an application for a two-unit development with no discretionary review or public hearing, and shall approve the application if the criteria in this chapter and Government Code section 65852.21, as may be amended, are satisfied. The application shall contain such information as reasonably requested by the Town Planning Department and accompanied by the appropriate fee.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

An application for a two-unit development shall be considered and approved or denied within sixty (60) days from the date the Town receives a completed application. If the Town has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved. If the Town denies an application for a two-unit development pursuant to this subparagraph, the Town shall, within the sixty (60) day deadline, return in writing 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 by the applicant.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

Notwithstanding anything to the contrary in this chapter, the Community Development Director or designee may deny an application for a two-unit development if the Town building official makes a written finding, based upon a preponderance of the evidence, that the proposed two-unit development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

An application for a two-unit development pursuant to this chapter shall meet the following requirements:

(a)

The parcel subject to the proposed two-unit development is located in an R-1, R-1-H, or R-1-C zoning district.

(b)

The parcel subject to the proposed two-unit development is located within the Town, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States

Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

(c)

The parcel subject to the proposed two-unit development satisfies the requirements specified in Government Code section 65913.4(a)(6)(B) through (K), inclusive of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.

(d)

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 for separate conveyance.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

(a)

Unless otherwise provided for in this chapter, a two-unit development shall comply with all objective zoning, subdivision, and design standards that apply uniformly to the underlying zoning district.

(b)

Notwithstanding anything to the contrary in this section, no setback shall be required for an existing dwelling unit or a dwelling unit constructed in the same location and to the same dimensions as an existing dwelling unit.

(c)

A setback of four (4) feet from the side and rear lot lines is required for a newly created dwelling unit.

(d)

Notwithstanding anything to the contrary in this section, the Town shall not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of two (2) dwelling units under this chapter on either of the newly created lots, or that would result in a dwelling unit size of less than eight hunred (800) square feet.

(e)

A two-unit development shall comply with all applicable building, fire, safety, and environmental regulations including Title 9 Building Regulations, Title 5, Chapter 8, Urban Runoff Pollution Prevention and Title 7, Chapter 12, Watercourses unless otherwise provided for in this chapter or as required by State law.

(f)

The applicant shall acquire any required permits from the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) prior to

issuance of a building permit and prior to conducting construction activity (including grading, vegetation removal, and site preparation) within any and all Waters of the State or Water of the U.S. under the jurisdictions of USACE, RWQCB or CDFW including: (1) a RWQCB Waste Discharge Requirements permit and/or Section 401 Water Quality Certification; (2) a CDFW Streambed Alteration Agreement pursuant to Section 1600 et seq. of the California Fish and Game Code for impacts within the areas of CDFW jurisdiction; and (3) a USACE permit pursuant to Section 404 of the Clean Water Act.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

The following applies regarding conditions for a two-unit development.

(a)

Off-street parking of up to one (1) space per unit is required, except that no parking shall be required in either of the following instances:

(1)

The parcel is located within one-half (1/2) 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 located within one (1) block of the parcel.

(b)

For dwelling units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

(c)

Prior to issuance of a building permit under this chapter, the applicant shall record a restrictive covenant and agreement in a form prescribed by the Town Attorney that shall run with the land and provide that the property is restricted to residential uses only, and any dwelling unit on the property may be rented or leased only for a period of longer than thirty (30) days. The Town Manager or designee is authorized to enter into the covenant and agreement on behalf of the Town and to deliver any approvals or consents required by the covenant.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

A two-unit development shall not be used for rental units for a period of less than thirty (30) consecutive days.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

The following properties are not eligible for a two-unit development pursuant to this chapter:

(a)

The proposed two-unit development would require demolition or alteration of any of the following types of housing:

(1)

Housing that is subject to a recorded covenant, ordinance, or law.

(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 (3) years.

(b)

Any parcel subject to the proposed housing development where the owner of the parcel has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

(c)

The proposed two-unit development is in a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town landmark or historic property or district pursuant to a Town ordinance.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

Article 5. - Fees, Violations and Enforcement.

The Town Council may establish and set by resolution all fees and charges, and related provisions, as may be necessary to effectuate the purpose of this chapter.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

The Town Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Violations of this chapter shall also constitute a public nuisance subject to abatement pursuant to the Municipal Code, and/or any other remedy allowed in the Municipal Code or State law. Remedies provided for in this chapter shall not preclude the Town from any other remedy or relief to which it otherwise would be entitled under law or equity. All remedies are cumulative.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)