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, where all interested persons might appear and be heard.
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 environment, as the proposed activity (ordinance amendment) is exempt because it will not have 2 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 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 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.
2.3.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).
3.4.Lot location.
a. The lot to be split is not located on a site that is any of the following:
4 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.34.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).)
4.5.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.
5.6.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 coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
5 6.7.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.
7.8.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.
8.9.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.
9.10. Lot access.
a. Each resulting lot must have access to, or adjoin the public rightof-way. 6 b. Each resulting lot must have frontage on the public right-of-way of at least 20 feet.
10.11. Dwelling uUnit 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 unit dwelling unit created under PHMC § 18.20.105, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).
See below:
b. Dwelling uUnit 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.
i.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.
ii. The total floor area of each primary dwelling that is developed on a resulting lot must be:
“units” on each new
7 (A) Less than or equal to 800 square feet; and
(B) More than 500 square feet.
iii. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
iv. iii. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. c. Height restrictions. The height of each primary dwelling unit that is developed on a resulting lot must conform to the objective height requirement that is imposed through the underlying zone (Schedule 18.20.030; Maximum Building Height (feet)). The height and story standards are only enforced to the extent that they do not prevent two, 800 -square- foot primary dwelling units on the lot. Additionally:
i. Maximum height shall be measured from existing or
finished grade, whichever is lower, to the peak of the
structure, and not exceed two stories.
ii. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor.
iii. No balcony, deck, or other portion of the second story may project into the stepped back portion of the primary
dwelling unit.
v.iv. No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot resulting from an urban lot split.
vi. On a resulting 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 existing or finished grade, whichever is lower, to peak of the structure.
vii. On a resulting 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 existing or finished grade, whichever is lower, 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 deck or other portion of the second story may project into the stepback.
viii. iii. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
b.d.Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying corresponding zone (Schedule 18.20.030; Maximum Lot
8 Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at measuring 800 square feet each.
c.e.Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying corresponding zone. This floor area ratioFAR standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at measuring 800 square feet each. d.f. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying
corresponding zone (Schedule 18.20.030; Minimum
Yards).
ii. Exceptions. Notwithstanding subsection E.1011.e 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. (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.
e.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.
9 ii. The site is located within one block of a car-share vehicle location.
f.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 following 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. Site planning.
(A) Site placement.
(1) Projects with two or more structures
shall be staggered with a minimum two-foot
variation measured from the front setback with the
intent of providing a varied street elevation, such
that front setbacks of adjacent homes and garages
differ by a minimum of two feet and a maximum of
six feet.
(2) Front-loaded garages shall be recessed a
minimum of four feet from the front wall plane of
the residence’s habitable space.
(B) Site development.
(1) Residences shall have a front entry sited
from parallel to within 45 degrees of parallel, to the
street.
(2) Front entries shall include a covered
projection (porch) with a minimum area of 20
square feet and a maximum of 100 square feet, as
measured from the supporting elements. Porches
may be a combination of projection and recess but
shall not be completely recessed within the building
footprint. At minimum, the entry doorway shall be
covered within one foot of either side of the door
and three feet of the face. A porch may encroach a
maximum of 20 percent into the front setback.
(3) Vehicle charging facilities shall be
housed within a garage, or not visible from view
from any adjacent property or public right-of-way
or easement, by a fence or landscaping.
(C) Utility and service areas.
(1) Above-ground utilities, transformers, and
other mechanical equipment placed between the
front or street side of a residence and a public street 10 or vehicular or pedestrian accessway shall not be
visible from view from any adjacent property or
public right-of-way or easement through the use of
a fence, wall, or landscaping.
(2) Excluding solar panels, roof-mounted
equipment shall be hidden from view from the
public street behind roof peaks or parapets.
(3) Utility and mechanical equipment shall
not obstruct pedestrian pathways.
ii. Scale and mass. Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations.
Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or
form, or the inclusion of a gable or dormer, and such
articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a
maximum of 20 feet.
iii. Building architecture and appearance.
(A) Architectural appearance.
(1) Second floor balconies shall not be
positioned along any side elevation within 20 feet of
the adjacent property line.
(2) All facades of the structure shall include
at least two of the following architectural details:
(a) Porches, decks, and/or balconies
with railings.
(b) Building materials such as
masonry, tile, shingle, or other materials
other than stucco that add decorative or
textural qualities to the building.
(c) Accessories that may include, but
not be limited to:
(i) Pot shelfs;
(ii) Landscape trellises;
(iii) Decorative accent tiles;
(iv) Wood grain texture finish false
shutter;
(v) Gable end vents and corbels; or
(vi) Window awnings.
(3) Variation in wall planes by incorporating
a projected feature such as a bay window or other
projected feature with a minimum depth of four
inches.
(4) Decorative trim that projects a minimum
of three-quarters of an inch from the wall plane.
11 (5) If used, shutters shall be sized to cover
100 to 105 percent of the window and match the
exact window shape.
(B) Materials.
(1) Accessory structures shall be constructed
of the same materials, colors, and roof type as the
primary structure.
(2) Windows shall be recessed by a
minimum of two inches from the wall plane or shall
include wood, metal, or engineered wood trim with
a minimum width of three inches and minimum
depth of three-quarters of an inch.
(3) Single-family subdivisions with two or
three units shall provide a minimum of two color
schemes. Single-family subdivisions with more than
three residential structures shall provide a minimum
of three color schemes and shall not use a single
color scheme on more than 40 percent of the
residential structures. Structures shall incorporate a
color scheme that contains a maximum of four
distinct colors per building. A color scheme is
defined as body one and/or body two, trim, and a
contrasting accent color. Adjacent structures shall
not use the same color scheme.
iv. Landscaping.
(A) New development shall plant a minimum of one
drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting. (B) The front yard shall not exceed a maximum of
50 percent of pavement or hardscape.
(C) A minimum of 50 percent of the front yard area
shall be landscaped with live plantings consistent with zoning ordinance provisions (PHMC § 18.20.040.H).
(D) Runoff shall be detained on site prior to
discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.
(E) All areas not occupied by structures or
pavement shall be landscaped. Landscaped areas shall
consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of one and one-quarter inches.
v. Fences and walls.
(A) Walls and fences shall not be placed in the
street frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along
scenic corridors.
12 (B) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.
(C) Chain-link fences are prohibited.
vi. Lighting. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security.
Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto
adjacent properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum temperature of
3,000 kelvins. Second floor accent lighting is prohibited. A photometric plan shall be provided to show compliance.
g.i. Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
h.j. Utilities.
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.
i.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.
j.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.
11.12. 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 13 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]
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
12.14. 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.
13.15. 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.
14 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) 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). 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.
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:
16 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
(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.
17 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.
6. Dwelling uUnit 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:
18 b. Dwelling uUnit 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.
i.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.
dwellings detached
ADU associated w/
converted ADU; and
19 i. The total floor area of each primary dwelling built that is developed under this section must be:
(A) Less than or equal to 800 square feet; and
(B) More than 500 square feet.
ii. 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.
iii. 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. c. Height restrictions. The height of each primary dwelling unit that is developed on a lot must conform to the objective height requirement that is imposed through the corresponding zone (Schedule 18.20.030; Maximum Building Height (feet)). The height and story standards are only enforced to the extent that they do not prevent two, 800- square -foot primary dwelling units on the lot. Additionally:
i. Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure, and not exceed two stories.
ii. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor.
iii. No balcony, deck, or other portion of the second story may project into the stepped back area of the dwelling.
ii. No rooftop deck is permitted on any new or remodeled dwelling unit or structure for a two-unit project.
iii. 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 existing for finished grade, whichever is lower, to peak of the structure.
iv. 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 existing for finished grade, whichever is lower, 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 20 from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
v.iv. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
c.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. d.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 at measuring 800 square feet each.
e.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 at measuring 800 square feet each. f.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.f 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.
g.h. Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space parking space per unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either 21 (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. h.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 following objective design standards are only enforced to the extent they do not prevent two primary dwelling units on the lot at measuring 800 square feet each.
i. Site Planning
(A) Site Placement.
(1) Projects with two or more structures shall be
staggered with a minimum two-foot variation
measured from the front setback with the intent of
providing a varied street elevation so that front
setbacks of adjacent homes and garages differ by a
minimum of two feet and a maximum of six feet.
(2) Front-loaded garages shall be recessed a minimum
of four feet from the front wall plane of the
residence habitable space.
(B) Site Development.
(1) Residences shall have a front entry sited from
parallel to within 45 degrees of parallel, to the
street.
22 (2) Front entries shall include a covered projection (porch) with a minimum area of 20 square feet and
a maximum of 100 square feet, as measured from
the supporting elements. Porches may be a
combination of projection and recess but shall not
be completely recessed within the building
footprint. At minimum, the entry doorway shall be
covered within one foot of either side of the door
and three feet of the face. A porch may encroach a
maximum of 20 percent into the front setback.
(3) Vehicle charging facilities shall be housed within a garage, or not visible from view from any adjacent
property or public right-of-way or easement,
screened from view from the street by a fence or
landscaping.
(C) Utility and Service Areas.
(1) Above-ground utilities, transformers, and other
mechanical equipment placed between the front or
street side of a residence and a public street or
vehicular or pedestrian accessway, shall not be
visible from view from any adjacent property or
public right-of-way or easement through the use of
fence, wall, or landscaping.
(2) Excluding solar panels, roof-mounted equipment
shall be hidden from view from the public street
behind roof peaks or parapets.
(3) Utility and mechanical equipment shall not obstruct pedestrian pathways.
ii. Scale and Mass
(A) Structures shall be vertically (height) and horizontally (depth) articulated along the front elevations. Vertical articulations shall include a change in total height of a minimum of two feet, or a change in roof pitch or form, or the inclusion of a gable or dormer, and such articulation shall occur at intervals of a maximum of 15 feet. Horizontal articulations shall include a change of wall plane by a minimum depth of two feet at intervals of a maximum of
20 feet.
iii. Building Architecture and Appearance
23 (A) Architectural Appearance.
(1) Second floor balconies shall not be positioned along any side elevation within 20 feet of the adjacent
property line.
(2) All facades of the structure shall include at least two of the following architectural details:
(a) Porches, decks, and/or balconies with
railings.
(b) Building materials such as masonry, tile,
shingle, or other materials other than stucco
that add decorative or textural qualities to the
building.
(c) Accessories that may include, but not be
limited to:
(i) Pot shelfs;
(ii) Landscape trellises;
(iii)Decorative accent tiles;
(iv)Wood grain texture finish false
shutter;
(v) Gable end vents and corbels; or
(vi)Window Awnings.
(3) Variation in wall plains by incorporating a projected feature such as a bay window or other projected
feature with a minimum depth of four inches.
(4) Decorative trim that projects a minimum of threequarters of an inch from the wall plane. (5) If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window
shape.
(B) Materials.
(1) Accessory structures shall be constructed of the
same materials, colors, roof type as the primary
structure.
24 (2) Windows shall be recessed by a minimum of two
inches from the wall plane or shall include wood,
metal, or engineered wood trim with a minimum
width of three inches and minimum depth of threequarters of an inch. (3) Single family subdivisions with two or three units
shall provide a minimum of two-color schemes.
Single family subdivisions with more than three
residential structures shall provide a minimum of
three-color schemes and shall not use a single-color
scheme on more than 40 percent of the residential
structures. Structures shall incorporate a color
scheme that contains a maximum of four distinct
colors per building. A color scheme is defined as
(body one and/or body two, trim, and a contrasting
accent color). Adjacent structures shall not use the
same color scheme.
iv. Landscaping
(A) New development shall plant a minimum of one drought tolerant tree along the street frontage. Trees shall be a minimum box size of 24 inches at the time of planting.
(B) The front yard shall not exceed a maximum of 50 percent of pavement or hardscape.
(C) A minimum of 50 percent of the front yard area shall be landscaped with live plantings consistent with Zoning
Ordinance provisions (PHMC Section 18.20.040.H).
(D) Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.
(E) All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile
height of 1.25 inches.
v. Fences and Walls
(A) Walls and fences shall not be placed in the street
frontage(s) in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors. 25 (B) Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. (C) Chain-link fences are prohibited.
vi. Lighting. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties. Light fixtures shall be a maximum of eight feet from the ground plane. Lighting shall use light emitting diodes (LEDs) with a maximum
temperature of 3000 kelvins. Second floor accent lighting is prohibited. A photometric plan shall be provided to show compliance.
j. Design standards for attached units. The following standards is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each
i. Site Planning
(A) Site Placement.
(1) Structures shall be sited from parallel to within 45 degrees of parallel, to the street.
(2) Corner structures that face two public streets shall include entries that are sited from parallel within 45
degrees of parallel, to each street.
(3) All entries facing a public street shall have a
pedestrian pathway that connects to the public
sidewalk or a public street.
(4) All public property that fronts a project shall be
improved to current Public Works standards and
specifications. Projects shall install and dedicate
street improvements including, but not limited to:
curb and gutter, sidewalk, driveway aprons, street
paving, storm drainage facilities, sewer and water,
fire protection, undergrounding of utilities and
street lighting.
k. Scale and Mass
i. Structures shall be vertically and horizontally articulated along all facades that face or will be visible from a public street. Horizontal articulations, including change in total height of a minimum of two 26 feet, change in roof pitch or form, or inclusion of a gable or dormer, shall occur at intervals of a maximum of 20 feet. ii. Second floor balconies shall not be positioned along any side elevation within 10 feet of an adjacent multifamily property line or within 20 feet of an adjacent single-family property line. iii. Vertical articulations shall include a change in wall plane by a minimum depth of two feet at a maximum interval of 30 feet, incorporating a projection or recess with a minimum width of two feet and a minimum height of eight feet and a minimum depth of two feet, or stepping back the floors above the ground floor by a minimum of two feet.
l. Architecture & Appearance
i. Windows located on upper floors within 15 feet of an adjacent structure shall utilize one or more of the following techniques to minimize privacy impacts on adjacent properties and/or structures:
(A) Use clerestory windows located at a minimum height of 5 feet measured from the finished floor;
(B) Use of non-transparent or frosted glazing;
(C) Installation of permanent architectural screens or louvers in front of windows; and/or
(D) Position the window so that it is not in line or directly face a window on an adjacent structure.
ii. For structures of four or more stories, upper and lower stories shall be distinguished by incorporating one or more of the following features
(A) Incorporate a change in wall material in addition to a change in wall plane of at least one inch in depth at the transition between the two materials.
(B) Treat the ground floor with materials such as stone, concrete, or other similar masonry or cementitious
materials that are distinct from the remainder of the
structure.
(C) Set back the top floor(s) of the structure a minimum of 5 feet from the remainder of the building façade.
27 (D) Incorporate a horizontal feature such as a bellyband or belt course.
iii. Trim surrounds with a minimum depth of three-quarters of an inch shall be provided on all exterior window and door openings. In lieu of window trim, windows shall be recessed from the wall plane by a minimum of two inches.
m. Landscaping
i. Pedestrian pathways, hardscapes, front setbacks, and parking areas shall be shaded with minimum 24-inch box drought-tolerant shade trees at intervals of a maximum of 30 feet. A minimum of 50 percent of the trees selected shall be of deciduous variety. ii. All areas not occupied by structures or pavement shall be landscaped. Landscaped areas shall consist of plantings, lawn/turf, mulch, or bark. Artificial turf may be used if it and its substrate is permeable and has a minimum pile height of 1.25 inches. iii. Trees shall be planted along the street frontage at intervals of a maximum of 30 feet and a minimum of 50 percent shall be of deciduous variety. A deciduous tree shall be provided in the rear yard or along a side yard to the west of the primary structure. Trees shall be a minimum box size of 24 inches at the time of planting. iv. A maximum of 25 percent of the front yard area shall be paved or hardscaped.
v. Landscaping shall be protected from vehicular and pedestrian encroachment through the use of curbs and raised planting surfaces with a minimum height of six inches.
vi. Runoff shall be detained on-site prior to discharging to any creek or storm drain facility. Outfalls shall be used to discharge water to creeks.
vii. Development adjacent to creeks shall position structures along setbacks opposite the creek setback, so that open yard areas, rather than structures, are positioned along creek setbacks.
viii. Creek stabilization shall incorporate soil bio-engineering and plant-based methods.
n. Fences and Walls
i. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket.
28 ii. Fences and walls visible from the public street shall incorporate vertical elements with a minimum width of four inches at intervals of no more than six feet.
iii. Walls and fences shall not be placed in the street frontage in hillside areas (with a project site greater than an average of 15 percent slope) and along scenic corridors.
iv. Chain-link fences are prohibited.
o. Lighting
i. All entryways, porch areas, pedestrian pathways, parking areas, and gates shall include lighting for safety and security. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto adjacent properties.
Lighting shall use light emitting diodes (LEDs) with a maximum temperature of 3000 kelvins and shall be consistent with the maximum allowed foot-candle levels cited in Subsection
18.55.140(b) of the Zoning Ordinance. A photometric plan shall be provided to show compliance.
ii. Light fixtures shall be a maximum of eight feet from the ground plane in pedestrian areas and 12 feet in parking areas. Upper floor accent lighting is prohibited.
p. Service Facilities and Utilities
i. Front yard fence pickets shall be separated by a minimum width equivalent to 50 percent of the width of the picket. Trash, recycling, and organic waste bins and dumpsters (trash containers) shall be housed within covered refuse enclosures with a metal gate or door(s) that latch shut. Wooden refuse enclosures that house trash containers are prohibited. Refuse enclosures shall be painted the same colors as a residential structure within the development.
Refuse enclosures shall screen trash containers on all four sides to the full height of the container, consistent with PHMC Section
18.50.070 and shall occupy an area that is a minimum of 150 percent of the sum of the waste bins.
ii. Refuse enclosures are prohibited in the required front setbacks and shall be screened from view from any adjacent property or public right-of-way or easement through the use of a fence or landscaping with a minimum height of six feet.
iii. Above-ground utilities, transformers, and other mechanical equipment placed between the front or street side of a structure and a public street or vehicular or pedestrian accessway, shall be 29 screened from view from any adjacent property or public right-ofway or easement by a fence, wall, or landscaping. iv. Excluding solar panels, roof-mounted equipment shall be hidden from view from the public street behind roof peaks or parapets. v. Utility and mechanical equipment shall not obstruct pedestrian pathways.
q.j. Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
r.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 have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. s.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.
t.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 30 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
8.9.Regulation of uses.
a. Residential only. No non-residential use is permitted on the lot. 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.
9.10. Deed restriction. The owner must record a deed restriction for a two-unit project, 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 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:
31 i. The site is a two-unit project lot is formed by an urban lot split and is therefore subject to the city’s two-unit urban lot split 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 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.
32 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.
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 12th day of September, 2022. [Signatures on Following Page]
33 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