ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING TITLE 18 OF THE PLEASANT HILL MUNICIPAL CODE, INCLUDING SECTIONS 18.20.097 (URBAN LOT SPLITS) & 18.20.105 (TWO-UNIT PROJECTS) RELATED TO THE PROVISIONS OF SENATE BILL 9 (SB 9)
WHEREAS, the City of Pleasant Hill, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to provisions related to Urban Lot Splits and Two-Unit Projects; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Senate Bill 9 (“SB 9”), which took effect January 1, 2022, and, among other provisions, added Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, on December 6, 2021, the City Council adopted Ordinance No. 951 approving an urgency ordinance adding Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and
WHEREAS, the City wishes to amend the urgency ordinance and Municipal Code Sections
18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects) to establish permanent regulations related to urban lot splits and two-unit projects; and WHEREAS, the Planning Commission held a study session on May 24, 2022, to discuss several topics to assist Staff in drafting the permanent ordinance components; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was noticed and held by the Planning Commission on June 28, 2022, and continued to the July 12, 2022 meeting date regarding the proposed ordinance amendment at which time all interested parties were invited to provide comments; and WHEREAS, the Planning Commission held a public hearing on July 12, 2022, and adopted Resolution No. 14-22 recommending the City Council adopt amendments to Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance was noticed and held by the City Council on September 12, 2022, and continued to the October 3, 2022 meeting date at which time all interested persons were invited to provide comments; and
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the 2 environment, as the proposed activity (ordinance amendment) is exempt because it will not have a significant effect on the environment and does not directly approve any physical development.
The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
In addition, under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.
Section 2. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.097, with the following language to read in full as follows:
18.20.097 Urban lot splits.
A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
C. Application.
1. Only individual property owners may apply for an urban lot split. “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. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).
2. An application for an urban lot split must be submitted on the city’s approved form. 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.
3. 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.
D. Approval.
1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the building official, without discretionary review.
2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner 3 demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires six months after approval.
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. An urban lot split must satisfy each of the following requirements:
1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov’t. Code § 66410 et seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
i. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. ii. The city has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(C) 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.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
c. Notwithstanding Government Code section 66411.1 (SMA), no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.
2. Compliance with the City’s Subdivision Regulations. The urban lot split must conform to all applicable objective requirements of the City’s Subdivision regulations (Title 17, Subdivisions) except that no dedication of rights-of-way or construction of off-site improvements are required for an urban lot split.
3. Zone. The lot to be split is designated as a standard single-family residential zone. 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 (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs). 4 4. Lot location.
a. The lot to be split is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to
the local jurisdiction; or
(B) Meets Federal Emergency Management Agency
requirements necessary to meet minimum floodplain
management criteria of the National Flood Insurance
Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subsection E.4.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)
5. Not historic. The lot to be split 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.
6. No prior urban lot split.
a. The lot to be split was not established through a prior urban lot split.
b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. Any person acting “in concert” with the owner here includes any third party that 5 coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
7. No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as 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.
8. Lot size.
a. The lot to be split must be at least 2,400 square feet. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
9. Easements.
a. The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement must be shown on the tentative parcel map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2 of this section.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
10. Lot access.
6 a. Each resulting lot must have access, or be adjacent to the public right-of-way, that satisfies the objective provisions of the Subdivision Map Act and emergency access provisions of the Contra Costa County Fire Department Standards.
11. Dwelling unit standards.
a. Quantity. 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 subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a dwelling unit created under PHMC § 18.20.105, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU). See below:
b. Dwelling unit size.
i. The dwelling units developed on a lot resulting from an urban lot split must conform to the objective development standards that are imposed through the corresponding zone based on the resulting gross lot area (Schedule 18.20.030; Minimum Lot Area) and as outlined in subsections c.-f. of this section.
ii. If a resulting urban lot split size is in between the minimum lot size of two corresponding zones, the default zoning will be the smaller of the two single-family residential zoning districts.
iii. Any lot resulting from an urban lot split with a resulting site area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iv. The minimum size of each primary dwelling unit is 500 square feet and the objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
v. Any required enclosed parking space is not calculated as part of the dwelling unit size.
“units” on each new
7 c. Height restrictions.
i. Except as otherwise provided in subsection (c)(ii) below, no primary dwelling unit that is developed on a resulting lot may exceed one story or 16 feet in height.
ii. If a primary dwelling unit on the lot complies with the setback standards set forth in Section 18.20.030, then the height of a primary dwelling unit may exceed 16 feet, up to the objective height limit that is imposed through the
underlying zone (Schedule 18.20.030; Maximum Building
Height (feet)). Notwithstanding the foregoing, no primary dwelling unit may exceed two stories.
iii. Maximum height shall be measured from existing or
finished grade, whichever is lower, to the peak of the
structure.
iv. Any portion of a new primary dwelling unit that exceeds one story under (c)(ii) above must be stepped back by an additional five feet from the ground floor.
v. No balcony, deck, or other portion of the second story may project into the stepped back portion of the primary
dwelling unit.
vi. No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot resulting from an urban lot split.
d. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the corresponding zone (Schedule 18.20.030; Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
e. Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the corresponding zone. This FAR standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the corresponding zone (Schedule 18.20.030; Minimum Yards).
ii. Exceptions. Notwithstanding subsection E.11.f of this section:
(A) Existing structures. No setback is 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. 8 (B) Eight hundred square feet; four-foot side and rear. 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.
g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street, covered and enclosed parking space per primary dwelling unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either:
(A) A corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit
station,
(2) A ferry terminal served by either a bus or
rail transit service, or
(3) 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.
ii. The site is located within one block of a car-share vehicle location.
iii. If the construction of both a primary dwelling unit measuring 800 square feet or less in floor area and the required enclosed parking space would cause development on the lot to exceed the objective lot coverage requirement of the underlying zone, then the unit’s off-street parking space must be unenclosed.
h. Design standards. All new primary dwelling units that are developed on a lot resulting from an urban lot split must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The objective design standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot measuring 800 square feet each. i. Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
j. Utilities.
9 i. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to a non-site 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.
k. Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
l. Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.
12. Separate conveyance.
a. Within a resulting lot.
i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from
each other.
ii. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property
owners.
b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
13. Stormwater and stormwater runoff. The development must comply with the following standards:
a. Compliance with California’s Stormwater C.3 requirements b. The development shall not contribute any net addition to stormwater runoff. A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations
1. Establish the Total Disturbed Area (TDA): TDA =
New Impervious area [sf] + Replaced Impervious
area [sf]
10 2. Calculate Storage Requirement: Storage
Requirement = 0.28 [gal/sf] * TDA
ii. Identify means of storage from the following (a
combination of different types is acceptable). Storage
retention devices must meet total increased storage
requirement:
1. Rain barrels
2. Detention ditches
3. Underground storage tanks
14. Regulation of uses.
a. Residential only. No nonresidential use is permitted on any lot created by urban lot split.
b. No Short Term Rentals (STRs). 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.
c. Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.
15. Deed restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential use of the lots created by the urban lot split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law.
F. Specific adverse impacts.
1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split 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’t. 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 (a) 11 inconsistency with the zoning ordinance or general plan land use designation or (b) 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. (Ord. 951 § 2, 2021) Section 3. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.105, with the following language to read in full as follows:
“Section 18.20.105 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit 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. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 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 with the Subdivision Map Act for the lot 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.
D. Approval.
1. An application for a two-unit project is approved or denied ministerially, by the building official, without discretionary review.
12 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 is in a single-family residential zone. 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 (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs).
3. Lot location.
a.The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use. v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or
13 (B) Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b.The purpose of subsection E.3.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)
4. 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.
5. 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:
a.Housing that is income-restricted for households of moderate, low, or very low income.
b.Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c.Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application. d.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 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.
14 6. Dwelling unit Standards.
a. Quantity.
i. 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 subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).
ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.
See examples below:
dwellings detached
ADU associated w/
15 b. Dwelling unit size.
i. The dwelling units must conform to the objective development standards that are imposed through the existing zone and as outlined in subsections c-g of this section.
ii. Any lot with a gross floor area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iii. The minimum size of each primary dwelling unit is 500 square feet. The objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
iv. Any required enclosed parking space is not calculated as part of the dwelling unit size
c. Height restrictions.
i. Except as otherwise provided in subsection (c)(ii) below, no primary dwelling unit that is developed on the lot may exceed one story or 16 feet in height.
ii. If a primary dwelling unit on the lot complies with the setback standards set forth in Section 18.20.030, then the height of a primary dwelling may exceed 16 feet, up to the objective height limit that is imposed through the corresponding zone (Schedule
18.20.030; Maximum Building Height (feet)). Notwithstanding the foregoing, no primary dwelling unit may exceed two stories. converted ADU; and
16 iii. Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure. iv. Any portion of a new primary dwelling unit that exceeds one story under subsection (c)(ii) above must be stepped back by an additional five feet from the ground floor.
v. No balcony, deck, or other portion of the second story may project into the stepped back area of the dwelling.
vi. No rooftop deck is permitted on any new or remodeled dwelling unit or structure for a two-unit project.
d. Demolition 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. e. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone (Schedule
18.20.030; Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f. Floor area ratio. Floor Area Ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone (Schedule 18.20.030; Maximum Floor Area Ratio). This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each. g. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone (Schedule 18.20.030; Minimum Yards).
ii. Exceptions. Notwithstanding subsection E.6.g of this section:
(A) Existing structures. No setback is 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.
(B) Eight hundred square feet; four-foot side and rear. 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.
17 h. Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space parking space per primary dwelling unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either (A) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) 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.
ii. The site is located within one block of a car-share vehicle location. iii. If construction of both a primary dwelling unit measuring 800 square feet or less in floor area and the required enclosed parking space would cause development on the lot to exceed the objective lot coverage requirement of the underlying zone, then the unit’s off-street parking space must be unenclosed.
i. Design standards for two-unit projects, attached or detached dwelling units. Each new primary dwelling unit that is developed on a lot must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The objective design standards are only enforced to the extent they do not prevent two primary dwelling units on the lot measuring 800 square feet each.
j. Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
k. Utilities.
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first 18 have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. l. 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.
m. Fire safety. All structures built on the lot must comply with all current fire safety measured required by the Contra Costa County Fire Protection District.
7. Separate conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
8. Stormwater and stormwater runoff. The development must comply with the following standards:
a.Compliance with California’s Stormwater C.3 requirements b.The development shall not contribute any net addition to stormwater runoff.
A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations
1. Establish the Total Disturbed Area (TDA): TDA = New
Impervious area [sf] + Replaced Impervious area [sf]
2. Calculate Storage Requirement: Storage Requirement = 0.28 [gal/sf] * TDA
ii. Select means of storage from the following (a combination of different types is acceptable). Storage retention devices must meet total increased storage requirement:
1. Rain barrels
2. Detention ditches
3. Underground storage tanks
9. Regulation of uses.
a. Residential only. No non-residential use is permitted on the lot. 19 b. No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than 30 days.
c. 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 dwellings on the lot as the owners’ principal residence and legal domicile.
10. Deed restriction. The owner must record a deed restriction for a two-unit project on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling unit on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. 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.
e. States that:
i. The site is a two-unit project and is therefore subject to the city’s two-unit regulations, including all applicable limits on dwelling size and development.
ii. Development on the lot is limited to development of residential units under this section of this code, except as required by state law.
F. 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 20 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.
G. 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:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. 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.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.
Section 4. This ordinance is consistent with the following General Plan goals and policies:
1. Community Development Goal 1 – Preserve and enhance residential neighborhoods.
The proposed amendments will establish objective development standards applicable to all urban lot split and two-unit projects in all single-family residential districts, pursuant to state law. These developments will be subject to a ministerial review and thus, the establishment of objective standards will ensure that new development will be compatible with, and enhance, the City’s residential neighborhoods while providing an opportunity for more housing.
2. Housing Element Goal 2 – Encourage a variety of housing.
The proposed amendments will allow for urban lot splits and two-unit developments on a single parcel within single-family residential zoning districts, which varies from the traditional single-family residential development pattern, as required by SB 9.
21 3. Housing Element Goal 5- Increase opportunities to develop safe, sanitary and decent housing.
The proposed amendments will allow increased opportunities for safe, sanitary and decent housing on existing lots in single-family residential zones by allowing for urban lot splits and two-unit developments, that would otherwise not result in increased housing under current single-family residential provisions.
Section 5. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.”
Section 6. This ordinance shall be effective 30 days after its adoption.
Section 7. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the four places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 3rd day of October, 2022. [Signatures on Following Page]
22 ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of __, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
________________________________
DANIELLE K. HABR, City Clerk