Chapter 16.77
TWO (2) UNIT HOUSING DEVELOPMENTS
Sections:
16.77.030 Filing, processing, and action.
16.77.040 Development standards.
16.77.010 Purpose and intent.
The purpose of this chapter is to provide procedures and development standards for the establishment of two (2) unit housing developments pursuant to Government Code Section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. 1096 § 2, 2023).
16.77.020 Definitions.
(a) Two (2) Unit Housing Development. A “two (2) unit housing development” is a development containing no more than two (2) primary dwelling units and which development either (1) proposes two (2) new units, or (2) proposes to add one (1) new unit to one (1) existing unit.
(b) Zero (0) Lot Line Development. A “zero (0) lot line development” is development with two (2) separate structures on adjacent lots that are constructed with no required yard. Structures in a zero (0) lot line development are not structurally attached and are required to meet applicable fire rating requirements. (Ord. 1096 § 2, 2023).
16.77.030 Filing, processing, and action.
(a) Ministerial Review. A two (2) unit housing development shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter.
(b) The city shall act on a building permit application for a two (2) unit housing development within sixty (60) days of receipt of a complete application. If the applicant requests a delay in writing, the sixty (60) day time period shall be tolled for the period of the delay. The city has acted on the application if it:
(1) Approves or denies the building permit for the two (2) unit development; or
(2) Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations.
(c) Two (2) unit housing developments that do not meet the standards set forth in this chapter may be approved subject to granting of a use permit per Chapter 16.82. A use permit may not be granted to exceed the maximum unit size.
(d) Adverse Impact Upon Health and Safety. A proposed two (2) unit housing development shall be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed two (2) unit housing development 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 or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) Limitations on Approval. A proposed two (2) unit housing development shall not be eligible for approval pursuant to this chapter if any of the following circumstances apply:
(1) The two (2) unit housing development would require demolition or alteration of “protected housing.” Protected housing includes:
(A) 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.
(B) Housing that is subject to rent control through valid local rent control provisions.
(C) Housing that has been occupied by a tenant in the last three (3) years.
(2) The two (2) unit housing development would be located on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within fifteen (15) years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
(3) The two (2) unit housing development would be located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a city or county landmark or historic property or district.
(4) The two (2) unit housing development would be located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code. (Ord. 1096 § 2, 2023).
16.77.040 Development standards.
The following objective development standards shall apply to two (2) unit housing developments. In addition to these standards, all provisions of the California Building Standards Code and applicable provisions of the Menlo Park Municipal Code shall apply to two (2) unit housing developments.
(1) General Standards.
(A) Two (2) unit housing developments may either be detached or attached, as long as attached structures meet building code safety standards and are sufficient to allow separate conveyance.
(B) Two (2) unit housing developments shall be permitted in all single-family residential zones including the following single-family districts and any future single-family zoning districts that may be created:
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R-1-U |
Single-Family Urban Residential |
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R-1-U (LM) |
Single-Family Urban Residential (Lorelei Manor) |
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R-1-S |
Single-Family Suburban Residential |
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R-1-S (FG) |
Single-Family Suburban Residential (Felton Gables) |
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R-E |
Residential Estate |
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R-E-S |
Residential Estate Suburban |
The provisions of this chapter shall be applicable to properties with the (X) designation within these zoning districts.
(C) Short-Term Rentals Prohibited. The rental of any two (2) unit housing development shall be for a term of longer than thirty (30) days.
(D) Utility Connections. Each unit in a two (2) unit housing development shall be served by separate water, sewer and electrical utility connections which connect each unit directly to the utility.
(E) Accessory Dwelling Units. As more fully set forth in Section 16.79.140, accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels that utilize the authority of this chapter and Chapter 15.31 (Urban Lot Splits).
(2) Objective Development Standards.
Lot area
Subject to urban lot split subdivision standards, the minimum lot size shall be no less than forty percent (40%) of the initial lot size and at least one thousand two hundred (1,200) square feet.
In the event of a panhandle subdivision, the panhandle shall count towards the overall lot area.
Lot dimensions
For side-by-side urban lot splits, the minimum lot width shall be as follows:
For properties with an existing width of less than sixty-five (65) feet, the subdivided lot width shall be fifty percent (50%) of the original lot width.
For properties with a lot width of sixty-five (65) feet or greater, the subdivided lot width shall be at least forty percent (40%) of the initial lot width.
Subject to urban lot split subdivision standards, the panhandle width shall be a minimum of twenty (20) feet for panhandle lots.
Minimum yards
Ground floor yards:
Front: The required front yard per the underlying zoning district shall apply, unless the front property line is located at a newly created lot line on a panhandle lot, where the minimum required front yard shall be four (4) feet.
Side: Four (4) feet, unless the side property line abuts a newly created panhandle, in which case there is no required side yard.
Rear: Four (4) feet.
No yards shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
No yards shall be required for zero (0) lot line developments at newly created interior lot lines.
Second floor yards (step back):
All second floor yards shall be equal to the applicable yards of the underlying zoning district, with the exception of required yards for new interior lot lines where the second floor yard shall be a minimum of four (4) feet. No second floor yard shall be required for zero (0) lot line developments at newly created interior lot lines.
Corner lots:
In the event that a corner lot is subdivided along the street-side property line as defined by Section 16.04.400, creating a new front property line along an existing street side property line, the following setback standards shall apply:
Ground floor yards:
Front: Twelve (12) feet.
Rear: Four (4) feet.
Side: Four (4) feet.
Second floor yards:
Front: Twelve (12) feet.
Rear: Ten (10) feet.
Side: Side setback applicable to the underlying zoning district.
No yards shall be required for zero (0) lot line developments at newly created interior lot lines.
Floor area limit (FAL)
Lots less than five thousand (5,000) square feet with an existing residence:
FAL shall be the square footage of the existing residence plus eight hundred (800) square feet.
Lots less than five thousand (5,000) square feet with two (2) new residences:
FAL shall be one thousand six hundred (1,600) square feet or fifty-six percent (56%) of the lot area, whichever is greater.
Lots of five thousand (5,000) square feet or greater:
FAL shall be equal to the floor area limit of the underlying zoning district.
For purposes of calculating the floor area limit, the area of a panhandle or access easement shall not be included in the lot size.
The maximum second floor FAL shall be fifty percent (50%) of the maximum FAL allowed on the property.
Minimum and maximum primary dwelling unit floor area
The minimum size of a primary dwelling unit created pursuant to this chapter shall be eight hundred (800) square feet.
Lots with an FAL of less than two thousand (2,000) square feet:
The maximum square footage of a primary dwelling unit shall not exceed the maximum FAL minus eight hundred (800) square feet.
Lots with an FAL of two thousand (2,000) square feet or greater:
The maximum square footage of a primary dwelling unit shall not exceed sixty percent (60%) of the maximum allowable FAL.
Maximum building coverage
One (1) story development:
Building coverage shall be the maximum building coverage calculated for the underlying zoning district or floor area limit (FAL) plus two hundred (200) square feet, whichever is greater.
Two (2) story development:
Building coverage shall be one thousand (1,000) square feet or thirty percent (30%) of the lot area, whichever is greater.
Maximum height of structures
The maximum height of residential structures shall be twenty-eight (28) feet.
Daylight plane
A daylight plane shall begin at a horizontal line fourteen (14) feet directly above the grade of each side and rear setback line of each lot and shall slope inwards at a forty-five (45) degree angle, except that no daylight plane shall be required for connected structures at newly created interior lot lines and at a newly created rear property line.
As used in this section, “grade of the side setback line” means the average grade of the highest and lowest points of the natural grade of the portion of the lot directly below the side setback line.
Gable and Dormer Intrusions. Gables and dormers may intrude into the daylight plane of a lot that is ten thousand (10,000) square feet or less. The permitted intrusion for a four (4) foot required setback shall be ten (10) feet. Gables and dormers may intrude into the daylight plane on one (1) side of a lot only. The gable or dormer must not extend beyond a triangle described as follows:
(A) The base of the triangle is the line formed by the intersection of the building wall with the daylight plane;
(B) The aggregate length of the bases of all triangles intruding into a daylight plane shall not exceed thirty (30) feet; and
(C) The triangle must be entirely within the maximum building height.
Off-street parking
One (1) uncovered parking space shall be required for each unit, except where parking is exempt under the following conditions:
(A) The parcel is located within one-half (1/2) mile walking distance of either 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.
(B) There is a car share vehicle located within one (1) block of the parcel.
Required parking spaces may be located in the required yards, with a maximum of one (1) parking space located within the required front yard. Required parking spaces may be located in tandem with other required parking spaces. If the required parking space is located in a garage or carport, the area of the covered parking shall count towards the maximum permitted floor area limit, maximum unit size, and maximum building coverage.
The minimum width of a driveway serving up to two (2) units shall be ten (10) feet. A driveway serving three (3) or more units shall have a minimum width of sixteen (16) feet.
Front yard paving and landscaping
Paved area for driveway and uncovered parking shall not exceed forty percent (40%) of front yard setback area. The maximum paved width for driveway and uncovered parking in front yard setback shall not exceed twenty (20) feet regardless of lot frontage width.
A minimum of fifty percent (50%) of front yard setback area shall be landscaped. Landscaping may include paved walkways; provided, that a vegetated strip of not less than one (1) foot is provided between a driveway and paved walkway. Paved walkways shall be constructed of decorative pavers or other material different than the driveway material.
Design and materials
If stucco is proposed it shall be steel trowel smooth stucco texture or steel trowel smooth Santa Barbara texture (i.e., sand, dash and similar textures would not meet this standard). Stucco may be painted or use integral color.
Windows with divisions (i.e., grids) shall be simulated true divided lite or true divided lite with interior and exterior muntins and spacer bars between panes.
Second floor window sills facing interior side or rear property lines shall be a minimum of three (3) feet from the interior floor line.
Windows at stair landings along interior lot lines shall have obscure glazing below five (5) feet or sills at five (5) feet or greater above the landing. Permanent architectural screens may substitute for obscure glazing.
Balconies shall comply with the balcony setbacks outlined in Chapter 16.60.
(c) Exceptions to Development Standards. Notwithstanding subsection (b) of this section, all development standards shall be subject to the following exceptions:
(1) Where each of the units of a two (2) unit housing development is no greater than eight hundred (800) square feet in size with side and rear setbacks of at least four (4) feet, the two (2) unit housing development shall be permitted regardless of any development standard that would prevent construction of the units.
(2) No setback shall be imposed for a two (2) unit housing development constructed in the same location and to the same dimensions as an existing structure. (Ord. 1096 § 2, 2023).