§ 18.57

"Housing development" shall mean no more than two residential units within a single-family residential zone (R-1, R-E and H-R) that meets the requirements of this chapter. The two units may consist of two new units or one new unit and one existing unit.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

18.57.020 - Approval process.

A housing development shall be administratively approved if it meets the following requirements:

1.

Zoned Single Family. The property is located within a single-family residential zone. Single-family residential zones include R-1 (single-family residential zone), R-E (single-family residential estate zone) and H-R (hillside residential).

2.

Not on Prohibited Land. The property is not located in any of the following areas and does not fall within any of the following categories:

a.

Historic. Designated Historic District or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code as it may be amended from time to time, or within a site that is designated as a city landmark or listed as an eligible city landmark pursuant to Chapter 18.84.

b.

Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B) as it may be amended from time to time.

c.

Wetlands. "Wetlands" as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

d.

Fire Zone. A very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does not apply to sites excluded from the specified hazard zones pursuant to subdivision (b) of Section 51179 or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

e.

Hazardous Waste Site. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless Department of Toxic Substances control has cleared the site for residential use or residential mixed uses.

f.

Earthquake Fault Zone. A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

g.

Flood Zone. Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of

Chapter I of Title 44 of the Code of Federal Regulations. h. Floodway. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

h.

Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

i.

Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 USC Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

j.

Conservation Easement. Lands under a conservation easement.

3.

Not Affordable Housing or Rental Property. The proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

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;

b.

Housing that is subject to any form of rent or price control by the city; or

c.

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

4.

Owners' Rights. A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date of the application.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

18.57.030 - Standards and requirements.

A.

The following requirements shall apply in addition to all other objective standards and design guidelines pertaining to the single-family residential zone:

1.

Zero Setback. No setback shall be required for an existing structure or a structure replacing an existing structure located in the same place and to the same dimensions.

2.

Four Foot Setback. Except for those circumstances described in section A.1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone in which the property is located.

3.

Easements. The applicant shall provide easements for the provision of public services and facilities as required.

4.

Access. All lots shall have access to, provide access to, or adjoin the public right-of-way with the minimum width as required under Section 18.48.070(D) of this code.

5.

Parking. Off-street parking shall be one space per unit per parcel created, except that no parking requirements shall be imposed in either of the following circumstances:

a.

The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or

b.

There is a car share vehicle located within one block of the property.

6.

Additional Unit. Any unit constructed must be compatible in design to the existing or proposed primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in section 18.10.020(I) of this Code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.

B.

Eight Hundred Square Foot Units. The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units or that would result in a unit size of less than eight hundred square feet.

C.

Connected Structures. The city shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow a separate conveyance.

D.

Affidavit. An applicant that also proposes an urban lot split under Section 17.06.100 et seq. of this code, shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

1.

That the onsite uses shall be limited to residential uses.

2.

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.

3.

That the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

E.

Timing.

1.

An application pursuant to this section shall be considered and approved or denied within sixty days from the date the city receives a completed application. If the city has not approved or denied the completed application within sixty days, the application shall be deemed approved.

2.

If the city denies an application under this section, the city shall, within the time period described in paragraph (1), 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.

F.

Urban lot split. Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to Section 17.06.100 et seq. (Urban lot split requirements), then an ADU or JADU is allowed if, after construction, there would be no more than two housing units on the lot.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

The city may deny the housing development if the building official 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 the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 3168, § 4(Exh. B), 9-23-25)

Chapter 18.58 - ZONING ADMINISTRATOR