Chapter 17.84 — MINISTERIAL DESIGN REVIEW PERMITS

The purpose of this chapter is to establish objective standards and regulations to govern the development of qualified residential units as authorized under Government Code Section 65852.21, which was adopted into law by Senate Bill No. 9, Chapter 162 of the Statutes of 2021, effective January 1, 2022. If Government Code Section 65852.21 is ever repealed or ruled unconstitutional, unlawful, or no longer in effect by a court of competent jurisdiction, this section shall be automatically repealed. The director shall approve an exception to any of the standards specified in this chapter if necessary upon determining that strict compliance with the standard would physically preclude the construction of up to two residential units per parcel or would physically preclude either unit from being eight hundred (800) square feet in area.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

A.

Only parcels located within single-family residential zones are eligible for a ministerial design review permit, that is parcels located in the following zones:

1.

RS (residential, single-family) district;

RR (rural residential) district; and

3.

RC (rural community) district.

B.

A ministerial design review permit may only be issued if:

1.

The proposed development consists of no more than two residential units equal to or less than eight hundred (800) square feet each, on a single residential parcel.

2.

The parcel is not located within a historic district or property included on the state historic resources inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated a local historic landmark or within a local historic district under Chapter 17.36 of this Code.

3.

The parcel is not located on a site that includes any of the characteristics listed in Government Code Section 65913.4(a)(6)(B) —(K).

4.

The project meets all applicable requirements of Government Code Section 65852.21.

5.

The applicant must receive approval of any other permit required for the project by this Code, including, as applicable, encroachment and grading permits.

C.

A ministerial design review permit may not be issued if approval would require the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application; or

4.

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

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

Prior to filing an application, a potential applicant shall meet with the director or his or her designee to discuss the application process, project design, applicable fees, and the need for supplemental information.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

A.

The applicant shall submit a ministerial design review permit application in a form approved by the director.

B.

All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board.

C.

The applicant shall pay all filing fees and deposits as prescribed by resolution adopted by the city council.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

A.

Design and Development Standards. A proposed one or two unit residential development project under this chapter shall comply with all design and development standards for the RS, RR, and RC districts, as applicable, and all other applicable development standards of this Code except as modified by this section.

B.

Building and Design Standards.

1.

For a detached unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2.

For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.

3.

Roof decks are prohibited.

4.

All units ministerially approved under this chapter shall install a new or separate utility connection.

5.

All electrical and utility services to a new unit shall be undergrounded.

6.

If an adjoining property installed a solar energy system, the applicant shall submit a shadow study prepared by an engineer licensed by the board of professional engineers, land surveyors, and geologists or by an architect licensed by the California Architects Board. The shadow of any proposed development shall not cover more than ten (10) percent of the area of any solar energy system on any adjoining property.

7.

Any unit proposed to be served by a private sewage disposal system must meet all applicable requirements in Title 15 and Title 17.

8.

Any lighting shall comply with the requirements of Chapter 17.27.

C.

Density Standards. No development project under this chapter may include more than two residential units per parcel.

D.

Fire Safety Standards. In addition to complying with all applicable provisions of Title 15 of this Code, projects developed under this chapter shall comply with the following fire safety requirements:

1.

Where two residential units are configured as sharing a common wall, a one-hour fire wall between the units is required.

2.

All new residential units are required to have an automatic fire sprinkler system.

3.

All new residential units are required to use fire-resistant building materials.

4.

All new or modified detached residential units shall be separated from any other residential unit or building by at least ten (10) feet to prevent the spread of fire.

E.

Unit Size Standard. The maximum unit size for any residential unit developed under this chapter is eight hundred (800) square feet in size.

F.

Height Standards. The maximum height standards for any residential unit developed under this chapter shall be the height standards in the underlying zone. If there is an existing primary dwelling on the parcel, then all new units on the parcel cannot exceed the maximum height of the existing residence.

G.

Lot Coverage Standards. The lot coverage standards in this chapter shall be governed by the lot coverage standards in the underlying zone.

H.

Open Space Standards. Two hundred fifty (250) square feet per residential unit of on-site open space shall be provided on the ground level for use by residents. Open space may be common or private. To be counted toward the open space requirement, the minimum width and length of each dimension of the open space area shall be ten (10) feet. Driveways and other vehicular access areas shall not count toward the open space requirement.

I.

Parking Standards.

1.

One off-street, covered parking space is required for each residential unit.

2.

The parking space shall be a dimension of at least ten (10) feet wide, 8 feet tall, and twenty (20) feet deep.

3.

If a new residential unit is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3, or if there is a car share vehicle located within one block of the parcel, then off-street parking is not required.

J.

Setback Standards.

1.

The front setbacks from the lot line shall be determined by the zoning district in which the unit is located.

2.

The minimum side and rear setbacks from the lot line shall be four feet.

3.

No additional setback is required for a new unit constructed in the same location as an existing structure on the parcel proposed for demolition.

4.

Portions of the unit, including eaves, awnings, sills, cornices, chimneys, overhangs and other projections, may encroach into front, side or rear yards or setbacks in a manner consistent with the building design but in no case greater than one foot in depth.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

A.

When the director determines that an application for a ministerial design review permit requires removal or substantial trimming of a protected tree, as defined in Section 12.08 and Chapter 17.32 of this code, a certified arborist selected by the city and paid for by the applicant shall prepare a tree survey and arborist report in accordance with paragraph F of Section 17.32.010 of this Code.

B.

The arborist report will list measures to mitigate the harmful impact of the proposed project on the protected trees and those mitigation measures will be made a condition of approval of the ministerial design review permit.

C.

Prior to the removal or substantial trimming of any protected tree, the applicant must obtain an oak tree permit and pay all accompanying fees.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

A.

The director or his or her designee, shall review all applications under this chapter ministerially and without a public hearing or discretionary review.

B.

In reviewing an application, the director shall ensure that no objective design standards have the effect of physically precluding the construction of up to two units or physically precluding either of the two units from being at least eight hundred (800) square feet in floor area.

C.

In order to grant a ministerial design review permit, the director must find that the proposed project:

1.

Complies with all provisions of this Chapter 17.84;

2.

Complies with all applicable objective general plan, zoning code, and design standards; and

3.

Complies with all applicable provisions of state law.

D.

Denial Finding. The director may deny a proposed project under this chapter, with written findings based upon a preponderance of the evidence, if the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid that specific, adverse impact. For purposes of this section, "specific, adverse impact" means 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.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

A.

As a standard condition of issuance of a ministerial design review permit approving a one or two unit residential development project by the director under this chapter, the applicant shall sign and record a covenant stating the following:

1.

The residential units shall not be rented for a period of less than thirty (30) days and cannot be occupied as short-term rental units.

2.

Any development constructed in accordance with this chapter shall be subject to all development impact fees related to the residential unit.

3.

Separate utility connections shall be provided for each parcel prior to recordation.

4.

The applicant may apply for an accessory dwelling unit or junior accessory dwelling unit permit under Section 17.12.170 or ministerial design review permit under this chapter, but under no circumstance may an applicant apply to develop more than two residential units of any kind per parcel if one of the units is developed under this chapter or if the parcel was created by a subdivision under Chapter 17.82. Any parcel developed under this chapter may be developed with a maximum of two units of any kind.

5.

The applicant shall comply with all mitigation measures as provided in the arborist report, as applicable, under paragraph (B) of Section 17.84.060.

6.

The applicant shall comply with all other provisions of this Code that are not in conflict with the provisions of this chapter.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

The determination of the director may be appealed to the planning commission, per Chapter 17.74.

(Ord. No. 2022-398, § 5(Att. B), 6-22-2022)

Article VII. - Development Code Definitions Chapter 17.90 - DEFINITIONS