Shafter Zoning Code § 4.40 Two-Unit Projects (CA)

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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