17.53.050 Objective Standards and Requirements for Dwelling Units Developed Pursuant to This Chapter.
The following objective standards and regulations apply to all development on a parcel that has been subdivided or concurrently subdivided under the provisions of this chapter:
A. A maximum of two units shall be permitted per parcel resulting from an urban lot split, including any ADU or JADU. Any ADU or JADU constructed as part of an SB 9 unit application shall be subject to the requirements of this Chapter and shall not receive any incentives set forth in chapter 17.52. If a parcel resulting from an urban lot split contains an existing primary dwelling unit and either an ADU or JADU, no additional units are permitted on that parcel. The following dwelling unit configurations are acceptable on parcels resulting from an urban lot split.
B. The use on any parcel resulting from an urban lot split shall be limited to residential.
C. The following development is permitted on the parcel:
1. An existing primary dwelling unit and an SB 9 unit.
2. Two SB 9 units.
3. A primary dwelling unit and an ADU or JADU.
D. Floor area, setbacks and height:
1. Developments that comply with the setback requirements of the underlying zoning district (chapter 17.32 or 17.33) and side yard setback requirements defined in chapter 17.38 shall be subject to the maximum height and floor area standards of the underlying zoning district (chapter 17.32 or 17.33).
2. Developments that do not comply with the setback requirements of the underlying zoning district (chapter 17.32 or 17.33) are subject to a minimum side and rear yard setback of four feet and limited to a maximum floor area of eight hundred square feet per dwelling unit and maximum height of sixteen feet for each dwelling unit.
3. Developments that retain the existing main residence and construct a new SB 9 dwelling unit are limited to a maximum floor area of eight hundred square feet and limited to sixteen feet maximum height for the newly developed SB 9 units on the same parcel.
E. One parking space is required for each dwelling unit. The parking space shall be at least ten feet wide by twenty feet deep and shall be contained entirely on the private property. No parking is required when 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; or there is a car share vehicle located within one block of the parcel.
F. If the two SB 9 dwelling units are configured as a duplex on a parcel, a solid one-hour fire wall between the units is required. In addition, a deed restriction in a form approved by the City Attorney shall be recorded stipulating that the duplex shall be maintained as two separate units.
G. If the parcel is fully developed with the number of units permitted under this section, the applicant or property owner shall record a deed restriction in a form approved by the City Attorney stipulating that no further development of the parcel is permitted.
H. Driveway access to all new units shall be compliant with the Fire Department standard details and specifications for driveways and turnarounds.
I. If the proposed dwelling units are developed subsequent to an urban lot split completed pursuant to this Chapter, the owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner intends to reside in either the primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit’s Certificate of Occupancy and closing of all construction permits pertaining to the parcel.
J. No dwelling unit shall be rented for a period of less than thirty-one days and cannot be occupied as a short-term rental unit.
K. An SB 9 dwelling unit may be rented separately from the primary dwelling unit.
L. Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit. (Ord. 650 § 1, 2022)