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The General Plan outlines goals, objectives, and policies regarding the character of residential land uses and development. It is the purpose of this Chapter to provide regulations that implement those goals, objectives and policies that will assure availability of a wide range of residential housing opportunities and dwelling unit types to meet the needs of present and future City residents of all socioeconomic groups.

It is also the intent of this Chapter to ensure adequate light, air, privacy, and open space for each dwelling, minimize traffic congestion, avoid overloading of utilities resulting from the construction of buildings of excessive bulk or number in relation to the surrounding land area, protect residential properties from objectionable noise, illumination, unsightliness, odors, smoke and other deleterious influences; and facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit densities, and service requirements.

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1. Estate (E) District

The primary purpose of the Estate zone district is to provide for and protect a rural atmosphere and lifestyle. This zone district is intended as an area for development of low density, large lot, single family detached residential dwelling units at a maximum allowable density of three and one-half (3 1/2) dwelling units per gross acre. This Chapter further establishes development standards, as depicted on Table 4.B, for the Estate zone districts depicted on the City Zoning Map.

2. Residential Estate (R-E) District

The primary purpose of the Residential Estate zone district is to provide for detached single-family residential development that serves as a transition between the larger Estate zone district type development and the Low Density Residential zone district. This zone district provides for a maximum density of four (4) dwelling units per acre and provides for development standards, as depicted on Table 4.B, for this zone district depicted on the City Zoning Map.

3. Low Density Residential (R-1) District

The primary purpose of the R-1 zone district is to provide for and protect the atmosphere and lifestyle associated with detached, single family residential neighborhoods. This zone district is intended as an area for residential small lot developments at a maximum allowable density of five (5) dwelling units per acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-1 zone districts depicted on the City Zoning Map.

ADUs and JADUs, in addition to existing primary structures, are permitted within the R-1 zone district pursuant to the provisions of Section 11.200 of this Title, provided that the maximum allowable density of five (5) dwelling units per gross acre is not exceeded.

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4. Medium Density Residential (R-2) District

The primary purpose of the R-2 zone district is to provide for a range of housing choices for residents in a more urban setting. The R-2 zone district provides for residential development including small lot single and multiple family detached and attached residential uses at a maximum allowable density of fourteen (14) dwelling units per net acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-2 zone districts depicted on the City Zoning Map.

5. Medium High Residential (R-3) District

The primary purpose of the R-3 zone district is to provide for the development of multifamily attached residential dwelling units with enhanced amenities (common open space and recreation areas) at a maximum allowable density of twenty-four (24) dwelling units per net acre. This Chapter further establishes minimum development standards, as depicted on Table 4.B, for the R-3 zone districts depicted on the City Zoning Map.

6. Residential Densities

The actual density that may be attained in a residential district shall be determined by the residential land development review process and public hearings, as described in Chapters 1 and 2 of this Title. The Planning Director, Planning Commission, and/or City Council shall have the authority to reasonably condition proposed residential development to ensure that appropriate transitions are provided and that the proposed development is compatible with adjacent residential land uses, both existing and proposed.

“Threshold densities” as specified by the General Plan may be exceeded up to the “Maximum Allowable Density” for residentially zone districts, pursuant to the provisions of Section 10.80.1 (Density Bonuses) of this Title.

1. Table 4.A of this Chapter identifies those land uses or activities that may be permitted in each of the residential zone districts, subject to the provisions of this Chapter, other provisions of this Title, and applicable General Plan Policies. Table 4.A also identifies, by zone district, those land uses and activities that are permitted, are permitted subject to an approved conditional use permit, or are prohibited.

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Table 4.A Uses Permitted Within Residential Districts

Legend

• Not Permitted in This District

• P Permitted Subject to Consistency Assessment

• C Permitted Subject to Approval of a Conditional Use Permit Application

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Table 4.B Residential Site Development Standards

Notes:

• E (Large Lot) refers only to a subdivision subject to the provisions of Sect. 9.070 of the City’s Subdivision Ordinance. Minimum lot width in E, R-E, R-1, and R-2 zone districts along the arc of the front property line shall be 35' for cul-de-sac lots and 40' for knuckle lots. Minimum lot width in an E (large lot) zone district along the arc of the front property line shall be 55' for cul-de-sac lots and 60' for knuckle lots.

• Minimum building setback from the centerline of sub-standard streets shall be (a) 55' for R-1 lots, and (b) 65' for E lots.

• A one-hour fire wall, approved by the Building Official, reduces the minimum distance between buildings as follows: (a) within a ' ' Planned Development, 0 ; (b) within all other zone districts, 5 .

• Minimum apartment size is (a) studio, 450 sq. ft.; (b) 1-bedroom, 650 sq. ft.; and (c) 2-bedroom, 850 sq. ft.

• In an R-1 subdivision with 13 or more lots, the following shall apply: (a) the average minimum house size shall be 1,325 sq. ft.; (b) 20% of the lots in any block may be reduced in width to 55 ft.; and (c) the average lot size for all interior lots shall be 6,500 sq. ft. * In an R-E subdivision with 13 or more lots, the average minimum house size shall be 1,500 sq. ft.

*** The minimum side yard setback shall be at least 5 feet, and the combination of both interior side yard setbacks added together shall not be less than 15 feet.

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2. Special Use Regulations

   • a. Animals Within Residential Districts

It is the general intent of the City to permit the keeping of animals within the City without the creation of a nuisance to surrounding residents and visitors. Animals that may be kept within residential districts are identified in Section 11.40 of this Title. Animals not listed in Section 11.40 of this Title may be permitted in residential districts subject to City review and confirmation that a nuisance condition will not be created.

In addition to the provisions of Section 11.40 of this Title, all animals, excluding household pets, shall be kept a minimum distance of 50 feet from any street. The location of corrals, fenced enclosures, barns, stables or other enclosures used to confine all such animals shall also conform to this requirement.

• b. In all residential districts, air conditioners, heating, cooling, ventilating, pool, spa, sauna, or similar mechanical equipment, as well as lighting or electrical devices, shall be located to minimize impact to the peace, quiet and comfort of neighboring residents and shall be screened, where possible, from surrounding properties and streets. All equipment shall be installed and operated in accordance with Chapter 10 of this Title and all other applicable City ordinances, standards, and regulations and shall be subject to approval by the Building Official prior to installation.

• c. In R-1, R-2 and R-3 zone districts, for development of four (4) or more dwelling units, required front and street side yards shall be landscaped, and shall consist predominantly of drought tolerant plant materials except for necessary walks, drives and fences.

• d. No portion of any building may protrude into the front setback unless the following conditions are met:

  • (1) Architectural projections, such as porch roofs, awnings, canopies, and roof overhangs, may project over the required front yard setback, but not more than ten percent (10%) thereof.

  • (2) Uncovered porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend into any front yard not more than six (6) feet, an openwork railing not more than thirty (30) inches in height may be installed or constructed on any such porch, platform, or landing place.

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3. Additional Standards for Condominium, Townhouse, and Apartment Developments

   • a. All condominium and condominium conversion projects shall comply with the provisions of Section 10.50 (Condominiums and Condominium Conversions) of this Title.

   • b. Any proposal for a condominium conversion shall include a set of original construction plans for the building(s) as part of the initial application for conversion.

• c. For all condominium conversions, an on-site inspection shall be made by staff from the Building, Engineering, Fire, and Planning Departments to determine whether the design criteria set forth in this Section has been met. Such inspections shall be made after the initial application but prior to any approval of the primary entitlement.

  • d. Condominium, townhouse, and apartment developments shall comply with the latest City adopted California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, and all other applicable codes, ordinances and regulations in effect.

  • e. Within for sale projects, including condominium conversions, separate utility services shall be provided to each dwelling unit.

  • f. When carports are provided for a condominium, townhouse, or apartment development, a minimum of 260 cubic feet of enclosed exterior storage space shall be required for each carport.

  • g. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

  • h. Where a multiple family dwelling, including incidental or required accessory uses, abuts property in an E or R-1 zone district, a masonry wall six feet in height shall be required along the property line between such use and the E or R-1 zone district.

  • i. The Planning Commission and/or City Council may require a greater setback as part of a Precise Plan of Design due to the size, width, or length of a building and its relationship to a street or intersection of two streets. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.

    • (1) In the case of a dwelling structure designed with a patio above the first floor level, such patio shall be permitted to extend only a maximum of six (6) feet into the required side or rear yard

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setback area, provided the remaining distance between the patio and the property line is at least ten (10) feet.

  - (2) The required side or rear yard setback area may be used for patio purposes. 

  - (3) The front yard setback area, as well as the side yard setback area when adjacent to a street, shall not be used for parking. Vehicular access to designated parking areas for the property shall be limited to driveways, as defined in Section 13.60.7.b. of this Title. 

4. Specific Development Standards

   • a. Parking Requirements

     • (1) Parking for each residential development shall be provided in compliance with Chapter 13 of this Title.

     • (2) Assigned parking shall be provided within for sale projects, including condominium conversions.

     • (3) On-street parking shall not be used to satisfy any of the above parking requirements.

     • (4) Tandem parking shall not be permitted.

   • b. Landscaping

• (1) All required front, side and rear yards shall be landscaped with drought resistant trees, shrubs and ground cover.

  - (2) All landscaping shall be provided with a permanently maintained irrigation system. 
  

  • c.

• Open Space

Each residential development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

• (1) Outdoor open space shall comprise not less than twenty-five (25%) of the net acreage. Public or private driveways, parking spaces, or other areas designed for operational functions are not considered open space. These open spaces may include game courts or room, swimming pools, gardens, sauna baths, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling and setback areas with dimensions greater than fifteen (15) feet. It is the intent of the City to encourage provision of facilities to accommodate children of all ages, wherever appropriate.

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• (2) Private patios or balconies attached to individual dwelling units may be computed as required outdoor open space provided the minimum dimension is at least ten (10) feet and the minimum area is one hundred fifty (150) square feet.

• (3) Swimming pools with related deck areas, wading pools, fish ponds, volley ball courts, tennis courts, barbecue areas, game rooms, or other recreational facilities provided for the common uses of all the residents may be constructed within the required outdoor living space; however, such facilities shall not occupy more than fifty percent (50%) of the required outdoor living space.

• (4) Under all conditions, the open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development.

d.

Private Open Space

Each dwelling unit shall have a minimum private open space of one hundred fifty (150) square feet with a minimum dimension often (10) feet. For units designed above the ground units, one or two balconies, with a combined minimum area of one hundred (100) square feet, shall be provided.

• e.

Pedestrian Circulation

A pedestrian circulation system shall be incorporated into the residential development design for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor living spaces. The circulation system is subject to review and approval, and shall be developed with a combination of the following development standards:

• (1) A public sidewalk system shall be developed adjacent to all public streets with a minimum width in accordance with City standards.

• (2) The Interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms wherever possible. The minimum width of interior pedestrian walks and paths shall be four (4) feet. Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the City.

• f. Security Fencing

Security fencing shall be installed around the perimeter of the site when adjacent to commercial, industrial, and/or single family residential uses. Maximum height shall be six (6) feet except within the

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required front street or side street setback area where the maximum height shall be forty (40) inches.

g.

Laundry Facilities

For-sale projects shall be required to provide laundry facilities for washers and dryers within each residential unit. In the case of apartments, laundry facilities for washers and dryers shall be installed within each residential unit, unless common laundry facilities are provided within each building located within the complex.

h.

Lighting

All garages, walkways, and driveways shall be lighted during the hours of darkness as follows:

• (1) Garages. At least one sixty (60) watt light for each two (2) spaces, located inside the garage;

• (2) Walkways from parking areas to dwelling units. One hundred (100) watt light per thirty-five (35) linear feet of walkway;

• (3) Driveways and alleys. One hundred (100) watt light per fifty (50) linear feet of alley or driveway; and

• (4) Fixtures for all lights shall be of the type that are protected from breakage.

• i.

Trash Collection Areas

Trash collection areas shall be provided within 200 feet of the furthest unit to be served; such collection areas shall be situated to eliminate, insofar as possible, noise and visual intrusion on adjacent property as well as to eliminate fire hazards to adjacent structures. Further, all trash and garbage collection areas, within residential developments, shall comply with the requirements of Section 10.280 (Screening Requirements) of this Title.

• j.

Security Devices

Each door providing ingress and egress to any dwelling unit subject to this ordinance shall be equipped with the following devices:

• (1) A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen.

• (2) A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this ordinance.

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• k. Maximum Number and Dimension of Connecting Units

No more than eight (8) units for single story and sixteen (16) units for two story structures may be connected together. Each building may not exceed two hundred (200) feet in any direction.

1. Purpose

   • a. Purpose

The purpose of this section is to allow and appropriately regulate twounit projects in accordance with Government Code section 65852.21.

• b. Definition

A “two-unit project” means 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 section.

• c.

• Application

• (1) Only individual property owners 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. “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 Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

• (2) An application for a two-unit project must be submitted on the City’s approved form.

• (3) The applicant must obtain a certificate of compliance for a parcel map waiver from the City and provide the certificate with the application.

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

• (5) 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.

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d. Approval

• (1) An application for a two-unit project is approved or denied ministerially, by the planning director, without discretionary review.

• (2) The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

• (3) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

• (4) The approval must 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.

• e.

• Requirements

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

• (1) Map Act Compliance

The lot must have been legally subdivided.

• (2) Zone

The lot to be split is the Estate (E), Residential Estate (R-E), or Low Density Residential (R-1) zone district. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

f. Lot Location

• (1) The lot to be split is not located on a site that is any of the following:

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

  • A wetland.

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

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

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  - Within a 100-year flood hazard area, unless the site has either: 

     - Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction or 

     - Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. 

  - Within a regulatory floodway, unless all development on the site has received a no-rise certification. 

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

  - Habitat for protected species. 

  - Land under conservation easement. 

• (2) The purpose of subpart (c)(2)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)

• g.

Not Historic

The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

• h. No Impact on Protected Housing

The two-unit project must 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 (Gov. Code §§ 7060–7060.7) at any time in the 15 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 a two-unit project is sought must provide a sworn statement as

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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.

i. Unit Standards

• j. Quantity

• (1) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “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 JADU.

  • (2) A lot that is not created by an urban lot split may have a twounit project under this section, plus any ADU or JADU that must be allowed under state law and the City’s ADU ordinance.

k. Unit Size

• (1) The total floor area of each primary dwelling built that is developed under this section:

  • must be at least 500 square feet and

  • may be a larger floor area based on the maximum lot coverage of the underlying zone.

• (2) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

• (3) A primary dwelling that was legally established prior to the twounit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

• l. Height Restrictions

  • (1) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

  • (2) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony

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deck or other portion of the second story may project into the setback.

• (3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

m.

Demo Cap

The two-unit project may not involve the demolition of more than 25 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.

n.

Lot Coverage

The lot coverage standard for two-unit lots shall be consistent with the coverage percentage allowed by the applicable zoning district. In areas subject to an adopted Specific Plan, the lot coverage standards of the adopted Specific Plan shall apply. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

o.

Setbacks

(1) Generally

All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(2) Exceptions

Notwithstanding subpart 13.k.(1) above:

• The total floor area of each primary dwelling that is developed on a resulting lot must be:

  • Existing Structures

Compliance with current setback standards is not 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.

• New Structures

The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

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• p. Front Setback Area

  • Notwithstanding any other part of this code, or subject to an adopted Specific Plan, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

  • (1) Be kept free from all structures greater than six feet high.

  • (2) Allow for vehicular and fire-safety access to the front and rear structure.

  • q. Parking

  • Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

  • (1) The lot is located within one-half mile walking distance of either:

  • A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

  • A site that contains:

  • an existing rail or bus rapid transit station,

  • a ferry terminal served by either a bus or rail transit service, or

  • the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

  • (2) The site is located within one block of a car-share vehicle location.

  • r. Architecture

  • (1) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must 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.

  • (2) If there is no legal primary dwelling on the lot before the twounit project, and if two primary dwellings are developed on the lot, the dwellings must 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.

  • s. Nonconforming Conditions

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• A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

• t. Utilities

• (1) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

• (2) Each dwelling unit shall be connected to the public sewerage system in accordance with Shafer Municipal Code Section 8.40.050.

• (3) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

• u. Building and Safety

• All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City’s current code.

• v. Separate Conveyance

• (1) Primary 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 a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

• w. Regulations of Use

• (1) Residential-only

• No non-residential use is permitted on the lot other than those uses allowed per Section 11.170 (Home Occupations).

• (2) No Short-term Rentals

• No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

• (3) Owner Occupancy

Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the

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dwellings on the lot as the owners’ principal residence and legal domicile.

• x. Notice of Construction

• (1) a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

• Notice that construction has been authorized,

• The anticipated start and end dates for construction,

• The hours of construction,

• Contact information for the project manager (for constructionrelated complaints), and

• Contact information for the Building & Safety 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 section. This notice requirement is purely to promote neighborhood awareness and expectation.

• y. 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 30 days.

• (2) Expressly prohibits any non-residential 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, 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 the property is formed by an urban lot split and is therefore subject to the City’s urban lot split regulations, including all applicable limits on dwelling size and development.

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• z. Specific Adverse Impacts

• (1) 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 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.

• (2) “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 and Taxation Code section 214(g).

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

• aa. Remedies

• If a two-unit project violates any part of this code or any other legal requirement:

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

• (2) The City may:

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

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

• Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

• Record a notice of violation.

• Withhold any or all future permits and approvals.

• Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City’s code.

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Residential Districts