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HomeMy WebLinkAboutPC R 2025-005PC RESOLUTION NO. 2025-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENTS REGARDING URBAN LOT SPLITS AND TWO -UNIT DEVELOPMENTS WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9 that, among other things, added Government Code Sections 65852.21 and 66411.7 and amended Government Code Section 66452.6 allowing additional housing units on properties within residential zoning districts; and WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial approval of 1) no more than two housing units on a lot within a single-family residential zoning district (two -unit developments); and 2) urban lot splits; and WHEREAS, on June 28, 2022, the City Council adopted Ordinance No. 716 to implement SB 9 by adding Sections 16.20.180 and 16.32.060 to Title 16 of the Arroyo Grande Municipal Code; and WHEREAS, on September 19, 2024, the Governor signed into law SB 450 amending Government Code Sections 65585, 65852.21, and 66411.7 related to two -unit developments and urban lot splits; and WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC) implement the requirements of SB 450 bringing Sections 16.20.180 and 16.32.060 of Title 16 into conformance with State law; and WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices thereof as required by law, held a public hearing on September 16, 2025 concerning this code amendment and carefully considered all pertinent testimony and the staff report offered in the case as presented; and NOW, THEREFORE, BE IT RESOLVED .by the Planning Commission of the City of Arroyo Grande, as follows: Section 1. Recitals. All of the above recitals are true and correct and incorporated herein by reference. RESOLUTION NO. 2025-005 PAGE 2 Section 2. Recommendation. The Planning Commission of the City of Arroyo Grande hereby recommends that the City Council adopt the attached Ordinance, approving development code amendments to Title 16 of the Arroyo Grande Municipal Code regarding urban lot splits and two units developments, attached hereto as Exhibit "A" and incorporated herein by this reference. On motion by Commissioner Worthen, seconded by Commissioner Buchanan, and by the following roll call vote, to wit: AYES: Worthen, Buchanan, Roof, Martin NOES: None ABSENT: Sackrison the foregoing Resolution was adopted this 16th day of September, 2025. RESOLUTION NO. 2025-005 PAGE 3 ATTEST: ATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 2025-005 PAGE 4 EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING URBAN LOT SPLITS AND TWO -UNIT DEVELOPMENTS WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill (SB) 9 that, among other things, added Government Code Sections 65852.21 and 66411.7 and amended Government Code Section 66452.6 allowing additional housing units on properties within residential zoning districts; and WHEREAS, SB 9 went into effect on January 1, 2022; and WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial approval of 1) no more than two housing units on a lot within a single-family residential zoning district (two -unit developments); and 2) urban lot splits; and WHEREAS, on June 28, 2022, the City Council adopted Ordinance No. 716 to implement SB 9 by adding Sections 16.20.180 and 16.32.060 to Title 16 of the Arroyo Grande Municipal Code; and WHEREAS, on September 19, 2024, the Governor signed into law SB 450 amending Government Code Sections 65585, 65852.21, and 66411.7 related to two -unit developments and urban lot splits; and WHEREAS, SB 450 when into effect on January 1, 2025; and WHEREAS, the proposed amendments to the Arroyo Grande Municipal Code (AGMC) implement the requirements of SB 450 bringing Sections 16.20.180 and 16.32.060 of Title 16 into conformance with State law; and WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC; and WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices thereof as required by law, held a public hearing on September 16, 2025 concerning this code amendment and carefully considered all pertinent testimony and the staff report offered in the case as presented; and WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice thereof as required by law, held a public hearing on , 2025, concerning the amendments to AGMC Sections 16.20.180 and 16.32.060; and RESOLUTION NO. 2025-005 PAGE 5 WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on , 2025 introduced this Ordinance to amend Section 16.20.180 to Title 16, Chapter 20 and 16.32.060 to Title 16, Chapter 32 of the Arroyo Grande Municipal Code; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report, its attachments and all supporting materials referenced therein or offered in the matter as presented at the public hearing. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation. The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2. Environmental. The City Council finds that this ordinance is exempt from the California Environmental Quality Act ("CEQA') pursuant to State CEQA Guidelines section 15060(c)(2) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Development consistent with the regulations of SB 9 are approved ministerially and therefore, not subject to the provisions of CEQA. Further, the Ordinance would assure that the City's development code is consistent with applicable State law. As a result, there is no possibility that the project may have a significant effect on the environment. SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the Arroyo Grande Municipal Code, the City Council hereby makes the following findings: 1. General Plan. The ordinance's amendments to the AGMC are consistent with the General Plan and necessary and desirable to implement the provisions thereof. Specifically, Housing Element policy A.1 which encourages the adoption of programs, and procedures to attempt to meet the present and future needs of residents of the City, and to aim at providing the fair -share regional housing need allocated for each income classification, within identified governmental, market, economic, and natural constraints. Additionally, Housing Element policy A.10 directs the City to review and revise its development regulations, standards, and procedures to encourage increased housing supply, as needed. This ordinance effectuates and implements policies A.1 and A.10 by amending standards for urban lot splits and two -unit developments to encourage residential development. For these reasons, the ordinance's amendments to the AGMC are consistent with the General Plan and necessary and desirable to implement the provisions thereof. RESOLUTION NO. 2025-005 PAGE 6 2. Health, Safety, and Welfare, Illogical Land Use Pattern. Adoption of the ordinance will not adversely affect the public health, safety, and welfare as it updates the AGMC to allow ministerial review of urban lot splits and two -unit developments as required by State law. Finally, this ordinance will not result in an illogical land use pattern as it is not amending the City's zoning map. 3. Consistency with Title 16. This ordinance is consistent with the purpose and intent of AGMC Title 16 because it does not alter or revise the type or intensity of allowed uses and ensures that the provisions thereof are consistent with the City's Housing Element. 4. Environmental. See Section 2 above. SECTION 4. Code Amendment. Section 16.20.180 of Title 16, Chapter 20 of the Arroyo Grande Municipal Code is hereby amended as shown in the attached "Exhibit A- 2," and incorporated by reference. SECTION 5. Code Amendment. Section 16.32.060 of Title 16, Chapter 32 of the Arroyo Grande Municipal Code is hereby amended as shown in the attached "Exhibit A- 3," and incorporated by reference. SECTION 6. Publication. A summary of this ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed ordinance shall be posted in the office of the City Clerk. Within 15 days after adoption of the ordinance, the summary with the names of those City Council members voting for and against the ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted ordinance. SECTION 7. Effective Date. This ordinance shall become effective 30 days after adoption. SECTION 8. Severability. Should any provision of this ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this ordinance or the application of this ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 9. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA 93420. The City Clerk is the custodian of the record of proceedings. RESOLUTION NO. 2025-005 PAGE 7 On motion by Council Member the following roll call vote to wit: AYES: NOES: ABSENT: _, seconded by Council Member , and by the foregoing Ordinance was adopted this day of , 2025. RESOLUTION NO. 2025-005 PAGE 8 CAREN RAY RUSSOM, MAYOR ATTEST - JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. 2025-005 PAGE 9 EXHIBIT A-2 16.20.180 Parcel Maps for Urban Lot Splits A. Purpose and Scope. 1. This section implements Government Code Section 66411.7 to provide an owner of property in a single-family zoning district a method to subdivide a parcel for the purpose of housing development. 2. Urban lot split means the subdivision of an existing legal parcel in a single-family zoning district to create no more than two new parcels in accordance with the requirements of this section and Government Code Section 66411.7, as it may be amended. 3. In the event of conflict between state law and this section, state law shall control. B. Application and Approval. 1. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this section, and submitted for approval to the city engineer. A fee in an amount established by city council resolution must be paid concurrently with the submission of the parcel map. 2. The city engineer is the approval authority for parcel maps for an urban lot split under this section. The city engineer shall approve a parcel map for an urban lot split if the engineer determines that it meets all of the requirements of this section and Government Code Section 66411.7, as it may be amended. 3. The City shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. a. An application for an urban lot split shall be considered and approved or denied within 60 days from the date the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved. b. If the city denies an application for an urban lot split, the city shall, within 60 days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. 4. The owner and applicant shall hold the city harmless from all claims and damages related to the approval within this section and its subject matter 5. The owner and applicant shall reimburse the city for all costs of enforcement, including attorney's fees and costs associated with enforcing the requirements within this section. RESOLUTION NO. 2025-005 PAGE 10 C. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this code and applicable state law: 1. A map of appropriate size and to scale showing all of the following: a. Total area (in acreage and square feet) of each proposed lot; b. Location and dimensions of existing and proposed property lines; c. Zoning district; d. The location and use of all existing structures; e. All required zoning setbacks for the existing and proposed lots; The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements; g. The location of all proposed new water, sewer, storm drain, lines, pipes, or systems; h. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; The location of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal; j. Any area of the parcel that has a slope of twenty-five (25) percent or greater by way of contours at five-foot intervals; k. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions; m. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and n. Location of existing or proposed pedestrian pathway access to the public right of way. 2. An affidavit signed by the owner, under penalty of perjury under the laws of California, that: a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: 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. RESOLUTION NO. 2025-005 PAGE 11 ii. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. iii. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Section 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application. iv. Housing that has been occupied by a tenant in the last three years. b. The parcel has not been established through prior exercise of an urban lot split under this section. c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this section. d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map. This requirement does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code. e. Rental terms of any unit created in the subdivision shall not be less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty -one -day period of occupancy by the same tenant. f. The uses allowed on a lot created by the parcel map shall be limited to residential uses. D. Subdivision Map Act Compliance 1. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), and all objective, implementing requirements within this Code, including within this Title 16, Land Divisions, except as otherwise expressly provided in this section. 2. If an urban lot split violates any part of the SMA, the city's land division regulations, including this section, or any other legal requirement: a. 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. RESOLUTION NO. 2025-005 PAGE 12 b. The city has all the remedies available to it under the SMA, including but not limited to the following: i. An action to enjoin any attempt to sell, lease, or finance the property ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars, or both; or a misdemeanor. iv. Record a notice of violation. V. Withhold any or all future permits and approvals. c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of- way or construction of offsite improvements is required for an urban lot split. E. Design and Improvement Requirements. 1. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than one thousand two hundred (1,200) square feet. 2. Each parcel must be served by a separate water service meter and a separate sewer connection. 3. Each parcel shall either drain to a developed drainage easement or in accordance with the city's standard specification and engineering standards. 4. Easements as required for public services and facilities along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated. 5. The parcel must satisfy the requirements specified in subparagraphs (B) to (K) inclusive, of paragraph (6) of subdivision (a)of Government Code Section 65913.4 as that section read on September 16, 2021 . 6. The parcel cannot be located within a historic district or property included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. 7. The location and orientation of new lot lines shall meet the following standards: RESOLUTION NO. 2025-005 PAGE 13 a. Front lot lines shall conform to the minimum public street frontage requirements of the Development Code; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is permitted, provided that the stem of the flag lot is a minimum of 18 feet wide.. b. Each parcel shall have equal lot width and lot depth, consistent with the minimum lot sizes described in subsection D.1, above. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line. c. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course. d. Lot lines shall be located within physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which separate existing and proposed land uses. e. Lot lines shall be contiguous with existing zoning boundaries. f. The placement of lot lines shall not result in an existing accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Development Code. g. Lot lines shall not render an existing structure as nonconforming in any respect (e.g. setbacks, floor area ratio, parking), nor increase the nonconformity of an existing nonconforming structure. This requirement does not apply if the setback requirement relates to an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. F. Access Standards. 1 Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards: a. Vehicle access easements serving a maximum of two units shall meet the following standards: Easement width shall be a minimum of ten (10) feet and a maximum of sixteen (16) feet,. unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the city's standards. The minimum length for a vehicle access easement is twenty (20) feet. No maximum easement length shall be set. If easement length is RESOLUTION NO. 2025-005 PAGE 14 more than seventy-five (75) feet, a vehicle turnaround shall be provided. iii. No residential structure shall be closer than three feet to the easement. b. Vehicle access easements serving three to four units shall meet the following standards: i. Easement width shall be a minimum of twenty (20) feet. The minimum length for a vehicle access easement is twenty (20) feet. No maximum easement length shall be set. If easement length is more than seventy-five (75) feet, a vehicle turnaround shall be provided. iii. No residential structure shall be closer than five feet to the easement. c. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: Easement width shall be a minimum of five feet; Pedestrian access easements shall not exceed two hundred (200) feet in length. 2. Vehicle access easements shall not be located closer than twenty-five (25) feet to an intersection. 3. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement. 4. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the city's engineering standards, and the parking design standards in the Development Code. 5. Lots taking access by an easement must record a shared maintenance agreement for the driveway. The agreement shall be recorded prior to or concurrently with the final map. G. Map Requirements. 1. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450. 2. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision. RESOLUTION NO. 2025-005 PAGE 15 3. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel. 4. The parcel map shall contain a declaration that: a. Each lot created by the parcel map shall be used solely for residential dwellings; b. That rental of any dwelling unit on a lot created by the parcel map shall not be less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty -one - day period occupancy by the same tenant. c. The lot is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development. H. Concurrent Processing With Other Ministerial Permits for Housing Development. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for two -unit residential development or accessory dwelling units in Section 16.32.060 of this code, or any other adopted objective design standards in effect at the time a complete application is submitted. 2. A building permit for development on an urban lot split cannot be issued until the parcel map is recorded. 3. The city engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. I. Prohibition of Further Subdivision. 1. A lot created by a parcel map under this section shall not be further subdivided under the authority of Gov. Code Section 66411.7, as it may be amended. RESOLUTION NO. 2025-005 PAGE 16 EXHIBIT A-3 16.32.060 Two -Unit Residential Development. A. Purpose and Intent. It is the intent of these regulations to provide opportunities applicants to propose housing development projects of no more than two residential units on one legal parcel, within single-family residential zones, consistent with state law and local regulations. Such proposed housing developments will be considered ministerially, without discretionary review or a hearing, provided that the requirements of this section are met. In the event of an inconsistency between this section and Government Code Section 65852.21, Government Code Section 65852.21 shall prevail. 2. The city may only deny an application for a proposed housing project submitted under this section if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. If the building official does not make such written finding, the city shall ministerially approve, without discretionary review or a hearing, an application for a proposed housing development project under this section if the proposed housing development is located within the city, and .meets all of the following requirements: a. The parcel is not located in: i. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993); ii. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the farmland mapping and monitoring program of the Department of Conservation; iii. Very high fire severity zones, except if the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development; iv. A hazardous waste site, unless the site has been cleared by the state for residential use; V. Delineated earthquake fault zones, unless the development complies with applicable seismic protection building code standards; vi. Special flood hazard areas (100 -year flood zones), unless the site has been subject to a FEMA letter of map revision issued to the city or RESOLUTION NO. 2025-005 PAGE 17 the site meets FEMA requirement necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; vii. A regulatory flood way identified in a FEMA map, unless the development has received a no -rise certification; viii. Lands identified for conservation in an adopted natural resource protection plan, habitat for protected species, or under a conservation easement; and ix. A historic district or property designated pursuant to a local ordinance or included on the state historic resources inventory. b. The proposed development would not require demolition or alteration of any of the following types of housing: Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to moderate, low, or very low incomes; A unit that has been occupied by a tenant within the past three years; and iii. A rent -controlled unit. c. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. d. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. B. Restrictions. A qualifying two -unit residential project shall be subject to the following restrictions: 1. The development and use of the dwelling units shall only be valid and permitted based on the terms established in this section. 2. The dwelling unit(s) shall not be rented for a period of less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty -one -day period of occupancy by the same tenants. C. Ministerial Approval of Two -Unit Residential Development Projects. 1. The community development director or his/her designee shall ministerially review and approve or deny a two -unit residential development application RESOLUTION NO. 2025-005 PAGE 18 within sixty (60) days from the date the city receives a completed application. If the community development director or his/her designee has not approved or denied the completed application within 60 days, the application shall be deemed approved. No public hearing shall be required. 2. If the community development director or his/her designee denies an application for a proposed housing development, the permitting agency shall, within the 60 -day time period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. 3. The applicant shall be required to obtain a building permit, and comply with other applicable construction permit requirements prior to the construction of the dwelling units. D. Unit Configurations. For the purpose of this section, "unit' means any dwelling unit, including, the primary residential unit, accessory dwelling unit, or the junior accessory dwelling unit. The new unit in a two -unit residential development may be permitted in the following configurations: 1. One new unit created through the conversion of existing space within an existing residential unit. 2. One new unit created through the conversion an existing accessory building, including garages. 3. One new unit created through an addition to an existing residential unit or an existing accessory building. 4. One newly constructed unit detached from and located on the same lot as an existing residential unit. A residential unit that is attached from a detached accessory building, but not another residential unit. If the newly constructed unit is attached to an existing primary by a breezeway or porch, it is considered attached. 5. Two newly constructed attached units on a vacant lot. 6. Two newly constructed detached residential units on a vacant lot. 7. A two -unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for a parcel map for an urban lot split, pursuant to AGMC Section 16.20.180, Parcel Maps for Urban Lot Splits. 8. An accessory dwelling unit, designed in accordance with AGMC Section 16.52.150, may be proposed as one of the two units constructed pursuant to this section. On lots that are larger than ten thousand (10,000) square feet in size, one additional accessory dwelling unit may be added in addition to a two - unit development, for a total of three units on the newly created parcel. RESOLUTION NO. 2025-005 PAGE 19 E. Parking. Pursuant to Government Code Section 65852.21(c), one off-street parking space is required for each new primary dwelling unit, unless the parcel is located within one-half mile of a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel. 2. All required parking spaces, driveways, and maneuvering areas shall be paved and permanently maintained with asphalt or concrete to applicable requirements as codified in AGMC 16.56.070. F Front Setbacks. Structures must conform to the front setback that is imposed through the underlying zone, provided that this requirement will not apply if 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 eight hundred square feet in floor area. G. Rear and Side Setbacks. 1. No setback shall be applied to existing structures or structures constructed in the same location and to the same dimensions as an existing structure that is proposed for demolition to accommodate a two-unit.development. 2. For projects not meeting the requirements of subsection 1 above, a minimum four -foot setback shall be provided from side and rear lot lines. H. All objective zoning standards, objective subdivision standards, and objective design standards that apply uniformly to development within the underlying zone apply to housing development projects proposed under this section, provided that the standards do not physically preclude the construction of up to two units of at least eight hundred (800) square feet. Building and Safety 1.All structures built on the lot must comply with all current local building standards. Utility and Service Areas. 1. All new dwelling units must connect to city utilities in accordance with Section 13.12.060 of Title 13.