1 Exhibit B
Proposed SCMC Amendments
16.28 Urban Lot Split Subdivision Requirements
This section is repealed.
17.11.020 Definitions.
“Accessory dwelling unit (ADU)” is defined pursuant to California law as may be amended from time to time, including without limitation, Government Code Sections 66313(a) and 66323. “Junior accessory dwelling unit (JADU)” is defined pursuant to California law as may be amended from time to time, including without limitation, Government Code Sections 66313(d) and 66323.
17.22.090 Accessory Dwelling Unit Permit.
The Class I application ministerial process shall apply to accessory dwelling units and junior accessory dwelling units (Ord. 21-1 § 6 (Exh. A), 1/26/21)
17.35 Mixed Use Zones
17.35.010 Mixed Use Corridor (MXC) Zone. Subsection (B) Residential Use Types
1. Caretaker’s Residence P
2. Community Care Facility C
3. Dwelling
a. Single-Family P
b. Two (2) Family P
c. Multifamily P
4. Family Day Care Homes P
5. Home-Based Cottage Food Operation AP
6. Home Occupation Business P
7. Joint Living/Working Quarters M
8. Model Homes T
2 Residential Use Types
9. Residential Health Care Facility C
10. Residential Service/Care Home C
17.35.020 Mixed Use Neighborhood (MXN) Zone. Subsection (B) Residential Use Types
1. Caretaker’s Residence P
2. Community Care Facility C
3. Dwelling
a. Single-Family P
b. Two (2) Family P
c. Multifamily P
4. Family Day Care Homes P
5. Home-Based Cottage Food Operation AP
6. Home Occupation Business P
7. Joint Living/Working Quarters M
8. Model Homes T
9. Residential Health Care Facility C
10. Residential Service/Care Home C
17.35.030 Mixed Use Urban Village (MXUV) Zone. Subsection (B) Residential Use Types
1. Caretaker’s Residence P
2. Community Care Facility C
3. Dwelling
a. Single-Family P
b. Two (2) Family P
c. Multifamily P
4. Family Day Care Homes P
5. Home-Based Cottage Food Operation AP
6. Home Occupation Business P
7. Joint Living/Working Quarters M
3 Residential Use Types
8. Model Homes T
9. Residential Health Care Facility C
10. Residential Service/Care Home C
17.36 Open Space Zones
17.36.010 Open Space (OS) Zone. Subsection (B)
Residential Use Types
1. Caretaker’s Residence P
2. Dwelling—Single-Family P
3. Home-Based Cottage Food Operation AP
4. Home Occupation Business P
5. Family Day Care Homes—Adult P
6. Family Day Care Homes—Family P
7. Residential Service/Care Home P
17.36.020 Open Space—Agriculture (OS-A) Zone. Subsection (B) Residential Use Types
1. Caretaker’s Residence P
2. Dwelling—Single-Family P
3. Home-Based Cottage Food Operation AP
4. Home Occupation Business P
5. Family Day Care Homes—Adult P
6. Family Day Care—Family P
7. Residential Service/Care Home P
17.36.030 Open Space—National Forest (OS-NF) Zone. Subsection (B) Residential Use Types
1. Caretaker’s Residence P
2. Dwelling—Single-Family P
4 Residential Use Types
3. Family Day Care Homes—Adult P
4. Family Day Care Homes—Family P
5. Residential Service/Care Home P
17.36.040 Open Space—Bureau of Land Management (OS-BLM) Zone.
Subsection (B)
Residential Use Types
1. Caretaker’s Residence P
2. Dwelling—Single-Family P
3. Family Day Care Homes—Adult P
4. Family Day Care Homes—Family P
5. Residential Service/Care Home P
17.37.020 Public/Institutional (PI) Zone
Residential Use Types
1. Caretaker’s Residence P
2. Dwelling—Single-Family P
3. Family Day Care Homes—Adult P
4. Family Day Care—Family P
5. Fraternity/Sorority Houses C
6. Residential Service/Care Home P
17.38.050 MU – Mixed Use Overlay Zone Subsection (E)
Residential Use Types
1. Caretaker’s Residence P
2. Community Care Facility C
3. Dwelling
a. Single-Family P
b. Two (2) Family P
c. Multifamily P
5 Residential Use Types
4. Family Day Care Homes P
5. Home-Based Cottage Food Operation AP
6. Home Occupation Business P
7. Joint Living/Working Quarters M
8. Model Homes M
9. Residential Health Care Facility C
10. Residential Service/Care Home C
17.42.010 Residential Use Types.
1. Caretaker’s Residence Parking
Includes permanent or temporary housing that is secondary or accessory to the primary nonresidential use on the same property. Caretaker’s housing shall be used exclusively for occupancy by a caretaker for security or monitoring of the primary use. Caretaker’s residences shall comply with the parking standards for single-family residential uses.
2 fully enclosed spaces;
spaces may be tandem
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
P P P P P P P P P P P P P P P
2. Community Care Facility Parking
Includes any residential facility which is planned, designed and managed to include facilities and common areas that maximize the residents’ potential for independent living. The facility may be occupied by elderly or disabled persons or households as defined in the Health and Safety Code. Direct services that may be provided include those relating to nutritional, social, recreational, housekeeping and personal needs of the residents.
0.5 spaces per unit; plus
guest parking at 1 space
per each 8 units
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
X X X X X X X C C C C C C X X
3. Dwelling Parking
Includes a building or portion of a building with a single room or group of internally connected rooms that is designed exclusively for the long-term habitation of a family and contains facilities for sleeping, eating, sanitation and a kitchen.
a. Single-Family—a detached building designed exclusively for occupancy by a single family.
2 fully enclosed
spaces
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
P P P P P P P P P P X X X X X
6 3. Dwelling Parking
b. Two (2) Family—includes a duplex, or other building designed for occupancy by two (2) families living independently of each other, which may be owned individually or by a single landlord.
2 fully enclosed
spaces per unit
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
X X X X X X X P P P X X X X X
c. Multifamily—includes a building designed and intended for occupancy by three (3) or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be required in accordance with the Building Code.
(1) Studio—1
enclosed parking
space per unit
(2) One bedroom—2
enclosed parking
spaces per unit
(3) Two bedroom—2
enclosed parking
spaces per unit
(4) Guest parking—1
parking space per
each two units (for
complexes with more
than 3 units)
(5) For senior/age
restricted
developments, one
parking space per
each two units, plus
required guest
parking
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
X X X X X X X P P P M1, 2 C2 C2 X X
1Notwithstanding the above, a multifamily project that includes at least twenty percent (20%) of total project units as affordable to lower income households shall be permitted without need for use permit on any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076, 2861-058-077, 2861-058-079, 2861-058-080, 2861-058-081, 2861-058-082, 2861-058-083, 2861-058-084, 2861-058-085, and 2861-058-071.
2Projects subject to and compliant with all requirements of Government Code Section 65913.4 are permitted without a conditional use permit or any other nonlegislative discretionary approval.
4. Family Day Care Homes Parking
Includes a private single-family dwelling where nonmedical care and protection are provided to individuals for periods less than twenty-four (24) hours.
a. Adult—up to six (6) adults.
2 fully enclosed spaces
7 4. Family Day Care Homes Parking
b. Family—up to fourteen (14) children. Family day care homes shall be licensed by the State and consistent with Section 1597.30 of the Health and Safety Code.
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
P P P P P P P P P P P P X X X
5. Fraternity and Sorority Houses Parking
Includes buildings containing sleeping rooms, bathrooms, common rooms and a central kitchen and dining room maintained exclusively for fraternity/sorority members and their guests or visitors and affiliated with an institution of higher learning.
0.75 spaces per bed
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
X X X X X X X C C C X X X X X
6. Home-Based Cottage Food Operation Parking
Includes an enterprise which produces and sells cottage food products in the home kitchen of a primary residential dwelling unit. A cottage food operation shall be considered an accessory use and shall not operate as a food facility or wholesale food manufacturer. Home-based cottage food operations shall be in accordance with Section 17.66.025 (Cottage Food Operations).
No additional parking
required
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
AP AP AP AP AP AP AP AP AP AP AP AP AP X X
7. Home Occupation Businesses Parking
Includes office businesses which are incidental and accessory to a residential use and do not include the storage of materials of any kind or product manufacturing of any kind. Home occupation businesses shall be in accordance with Chapter 17.65 (Home Occupations).
No additional parking
required
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
P P P P P P P P P P P P X X X
8. Joint Living and Working Quarters (Live/Work Units) Parking Includes a dwelling occupying a building designed for commercial or industrial occupancy and includes adequate working space reserved for, and regularly used by, one or more persons residing therein. Joint living and working quarters shall be in accordance with Section 17.66.080 (Joint Living and Working Quarters).
2 fully enclosed spaces for
residential use, plus
parking for commercial use
as per the parking
requirements contained in
this code
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
X X X X X X X C C C M C C C C
9. Model Homes Parking
Includes dwellings initially constructed for the purposes of displaying the different housing models offered for sale within a residential development. 3 spaces per model
8 9. Model Homes Parking
Model homes shall be developed in accordance with Section 17.67.030(C) (temporary uses).
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
T T T T T T T T T T T T T X X
10. Mobilehome Park Parking
Includes sites containing spaces with the required improvements and utilities that are leased for the long-term placement of mobile or manufactured homes and may include services and facilities for residents. 2 spaces per unit; spaces
may be tandem; plus 1
space per 2 units for guest
parking
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
C C C C C C C C C C X C X X X
11. Residential Health Care Facility Parking
Includes residential facilities usually occupied by the elderly that provide rooms, meals, personal care and health monitoring services under the supervision of a professional nurse or other professional health care provider and that may provide other services, such as recreation, social and cultural activities, financial services and transportation. Typical uses include convalescent homes.
0.5 spaces for each unit
and/or bed
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
X X X X X X X M M M C C C C X
12. Residential Service/Care Home Parking
Includes a private single-family residence where twenty-four (24) hour care, nonmedical services, supervision, treatment or assistance essential for sustaining the activities of daily living is provided. Residential service/care home shall be consistent with Section 1500 et seq. of the Health and Safety Code and any other applicable State law.
2 fully enclosed spaces
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
P P P P P P P P P P X X X X X
13. Rooming House Parking
Means a dwelling unit (other than a hotel or motel) where three (3) or more rooms are rented individually or separately to tenants under separate rental agreements where tenants do not share common financial responsibility for use of the dwelling unit as a whole. Rent may be paid in money, goods, labor, or otherwise. Rental agreements may be written or oral. Housing protected by Federal or State law, including housing for persons protected under the Fair Housing Act (42 U.S.C. Section 3604(F)) and the California Fair Housing Act (California Government Code Section 12920 et seq.), or housing otherwise subject to treatment as a single-family dwelling unit by the provisions of State law shall not constitute a rooming house.
2 fully enclosed stalls;
plus one parking stall for
each resident 18 years or
older
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
9 13. Rooming House Parking
X X X X X X X P* P* P* X X X X X
*Rooming houses are not permitted in neighborhoods that are comprised predominantly of single-family detached residential units.
14. Supportive Commercial Uses Serving the Local Area Parking Supportive commercial uses serving the local area, such as grocery stores, restaurants, personal services, and retail sale of specialty goods, may be permitted in a proposed development project, new establishment, or conversion of a residence; provided, that the size, location, design, and use types are determined to be compatible with the surrounding area. Such supportive commercial uses in the NU4 and NU5 zones shall be located in activity areas, must be at least one (1) mile from any commercial land use designation, and must not exceed five (5) acres in size. A change in use in an established activity area shall be subject to the required entitlement for such use in the CN zone. However, a permitted use in the CN zone shall require a MUP.
Parking as determined by
the Director
NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I
M M M M M M M M M M X X X X X
17.42.020 State-Designated Housing Use Types
A. The following residential use types are defined or governed by state law in all zones.
1. Accessory Dwelling Unit
Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted pursuant to California law as may be amended from time to time, including without limitation, Government Code Section 66323.
2. Employee and Agricultural Worker Housing
Employee housing serving six or fewer employees and agricultural employee housing consisting of not more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household are permitted pursuant to California law, as may be amended from time to time, including, without limitation, Health and Safety Code Sections 17021.5 and 17021.6.
3. Low-Barrier Navigation Centers
Low Barrier Navigation Centers are reviewed and ministerially permitted pursuant to California law as may be amended from time to time, including without limitation, Government Code Sections 65662, et. seq.
4. Supportive Housing
Supportive Housing is permitted pursuant to California law, as may be amended from time to time, including without limitation, Government Code Section 65583. Supportive Housing includes housing with no limits on length of stay that is linked to on-site or off-site services that assist a resident in retaining housing, improving his/her health conditions and maximizing his or her ability to live and, when possible, work in the community.
10 5. Transitional Housing
Transitional Housing is permitted pursuant to California law, as may be amended from time to time, subject to only those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional Housing includes buildings configured as a rental housing development but operated under program requirements. Upon termination of assistance, the unit shall be recirculated as an assisted unit to another eligible program recipient at some predetermined point in time where length of stays shall be no less than six (6) months and no more than two (2) years.
17.51.030 Landscaping and Irrigation Standards. Subsection (C)(6)(a)(vii)
a. Single-Family Development.
i. All new residential development shall have one (1) twenty-four (24) inch box tree planted in the required front yard, to the satisfaction of the Director. This requirement may be waived or modified by the Director where it is found to be impractical due to topographical conditions, where it is not keeping with the neighborhood, or where it otherwise will not benefit the area.
ii. Landscape parkways shall be installed in all new residential development. These parkways shall be installed between the curb and sidewalk and shall be five (5) feet in width. Parkways shall not be separated by sidewalk.
iii. For single-family homes located adjacent to a parkway, either public or private right- of-way, the homeowner has the responsibility to plant, irrigate and maintain the parkway in a healthy and thriving condition, unless the parkway is maintained by the homeowners’ association or other entity. The parkway shall be planted with City-approved street trees and landscaping that is consistent with other parkways within the community the property is located within. Plant material that contains spines or thorns, poisonous-to-the-touch or noxious plants, nonliving materials that exceed six (6) inches in height, and gravel or rocks or wood chips that exceed more than fifty percent (50%) of the parkway area are prohibited in the parkway.
iv. The landscape plan shall include all areas located within the front yard and all side yard areas exposed to the street view.
v. The preferred plant palette shall include drought tolerant and low-water use landscaping. Low-water usage turf or warm season turf is recommended. vi. Turf shall be limited to a maximum of fifty percent (50%) of the total landscaped area.
Turf shall be excluded from areas difficult to irrigate (e.g., narrow pathways, parkways less than five (5) feet in width, sidewalk strips, slopes, etc.). 11 17.57.020 Residential Development Standards
H. Modifications of Garages. Conversions of existing required garages into habitable space are permitted only following the issuance of a certificate of occupancy for a new garage consistent with the residential parking requirements, except as otherwise provided by California Law, including, without limitation, Government Code 66323. Modifications are not permitted which reduce the interior dimensions to less than twenty (20) feet by twenty (20) feet for two (2) car garages, or two (2) ten (10) foot by twenty (20) foot garages in the case of single car garages.
Clear entry must be provided for all garages at a minimum of sixteen (16) feet for two (2) car garages and eight (8) feet for single car garages. Wall-mounted equipment within the minimum required garage space identified above must clear a minimum of three and one-half (3 1/2) feet above the ground and may not impede vehicle parking.
S. Residential units shall be limited to one (1) electric service meter per residential unit.
17.57.025 Two-Unit Residential Development
Amended and Restated
Two-Unit Residential Development
A. The purpose of this section is to implement California law mandating approval of not more than two residential units within a single-family residential zone and urban lot splits, including, without limitation Government Code Sections 65852.21 and 66411.7, respectively, as may be amended from time to time. This section controls in the event of any conflict with other sections of this code. California law controls and supersedes any conflicting part of this code.
B. Development. The Director must consider proposed developments containing not more than two residential units within a single-family residential zone ministerially, so long as the proposed development meets all requirements of applicable law including this code.
1. Standards. All developments proposed under this section must satisfy the objective development standards required in the underlying zoning designation, unless otherwise exempt pursuant to California law.
C. Urban lot splits. An application to review and approve a parcel map for an urban lot split must be ministerially reviewed and approved if the application satisfies all requirements of California law and this section.
12 1. All lot splits proposed under this section must satisfy the objective parcel map standards in Title 16 of this Code, unless otherwise exempt pursuant to California law.
2. All uses allowed on a lot created by this section are limited to residential uses.
3. An applicant for an urban lot split must prepare and execute an affidavit on a form approved by the City Attorney before the Building Official issues any final certificate of occupancy, requiring owner-occupancy of one of the two units as their principal residence for a minimum of three years from the date of the approval of the urban lot split, unless otherwise exempt pursuant to California law.
D. Certificate of occupancy. Before the Building Official issues any final certificate of occupancy for any two-unit development proposed pursuant to this section, the property owner must record with the County Recorder a covenant running with the land stating that all units developed pursuant to this section must be for a term of 30 days or longer. The covenant required by this Section must be approved as to form by the City Attorney.”
17. 57.040 Accessory Buildings and Structures
Amended and Restated
L. Accessory Dwelling Units. This subsection implements California law governing accessory dwelling unit (“ADU”) and junior accessory dwelling unit (“JADU”) mandates, including, without limitation, Government Code Section 66323, as may be amended from time to time, pursuant to California law. Should any conflict arise between this subsection and California law, California law controls with respect to the conflicting portions of this subsection and all other portions of this subsection will be deemed to be in full effect. An accessory dwelling unit is a residential use that is consistent with the City’s General Plan, residential zone designations, and density.
1. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Undefined words and phrases and have the same meaning as set forth in this Code or in Applicable law.
“Applicable law” means Title 7, Division, 1, Chapter 13 of the California Government Code, beginning at Government Code section 66310, et. seq., and the SCMC. “Primary dwelling” means a residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more than one residential structure exists on a lot, the "primary dwelling" will either be the 13 residential structure that was first issued a valid certificate of occupancy, or, when applicable, the largest residential structure on the lot.
2. Certificate of Occupancy.
a. Except as allowed by Applicable law, the Building Official will not issue a final certificate of occupancy for an ADU or JADU before the Building Official issues a final certificate of occupancy is issued for the primary dwelling(s).
3. Limitations.
a. ADUs may not be used in violation of this code, and any rental of the ADU must be for a term of 30 days or longer.
b. JADU may not be sold separately; has size and attribute restrictions required by this code; and the property owner must occupy either the single-family residence in which the JADU is permitted, or the newly created JADU, unless exempt pursuant to Applicable law, including without limitation Government Code Section 66333(b). The JADU cannot be rented for any period less than 30 days.
4. Application for Address Number. ADUs and JADUs that do not include an internal connection to the primary dwelling must submit an application for an address number.
A JADU with an internal connection to the primary dwelling will not receive an address number unless determined necessary for safety purposes by the Building Official.
Address numbers will be determined by the Building Official pursuant to the procedures outlined in this code. Address numbers must be placed over the entrance to the ADU or JADU or on some other place where the number can be visible from the street. When required by the Fire Chief, or designee, address identification must be provided in additional approved locations to facilitate emergency response.
5. Fees.
a. Except as provided in Applicable law, all ADUs and JADUs are subject to development impact fees. ADU development impact fees will be charged proportionally related to the square footage of the Primary dwelling unit in accordance with this code. b. Except as provided by Applicable law, each ADU and JADU must install a separate utility connection directly between the ADU and the utility, which is subject to a connection fee or capacity charge, that is proportionate to the burden of the proposed ADU on the water or sewer system based on its square footage or drainage fixture units. A JADU with internal connection to the primary dwelling must 14 install a separate utility connection if required by the Building Official. The fee or charge may not exceed the reasonable cost of providing the services. c. The City may charge reasonable inspection and construction fees for inspections and for all required permits. The fees will be established by City Council resolution, as may be amended or superseded from time to time, and be assessed on the property owner.
17.66.070 Homeless Shelters.
The following standards apply to all homeless shelters:
A. Homeless shelters shall maintain a maximum occupancy not to exceed sixty (60) individuals, permitted by right. Occupancy in excess of sixty (60) individuals may be approved subject to the issuance of a conditional use permit.
B. Homeless shelters shall provide on-site waiting and intake areas screened from public view.
C. The homeless shelter shall provide on-site management with security during operational hours.
D. The homeless shelter shall be well lit during operational hours and be in conformance with Section 17.51.050 (Outdoor Lighting Standards).
E. Homeless shelters shall be allowed to have intake between the hours of five p.m. to eight p.m. or at dusk, whichever is sooner, and may discharge patrons from eight a.m. to ten a.m. the following day.
F. Homeless shelters shall abide by all applicable development standards as set forth in this code.
G. A homeless shelter shall not be located within three hundred (300) feet of another homeless shelter. Homeless shelters that are located outside of the Homeless Shelter Overlay Zone shall not be located within three hundred (300) feet of a private or public primary or secondary school, public or private parks and community centers.