20.195.450

A. Purpose and applicability 1. The purpose of this Section is to implement the provisions of California Government Code Sections 65852.28 and 66499.41, as amended, that require cities to allow certain subdivisions resulting in ten (10) or fewer parcels, and ten (10) or fewer residential units on the proposed lot to be subdivided, to be approved ministerially without discretionary review or public hearings. 2. Residential development may incorporate One-family dwelling units, Two-family dwelling units and/or Multifamily dwelling units to not exceed a maximum total of ten (10) units for the entire residential subdivision development project. 3. An applicant may request a waiver of a development or design standard to the extent that it physically precludes development, except that maximum height may not be waived for a project proposed on a parcel in a single-family zoning district. 4. Any housing development project that does not conform to the requirements of this Chapter or siting criteria in accordance with state law shall be subject to discretionary review. B. Definitions. 1. "Director" means the Director of Planning, Building, and Code Enforcement. 2. "Uninhabitable" means the living space of the existing structure is damaged beyond minor to major repair, does not have fundamental services such as water, electricity, heat or plumbing, not safe, structurally unsound, unsanitary, or not fit to occupy and requires the demolition of the existing structure. 3. "Net habitable square feet" means the average of the total finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and a half (6.5) feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements, pursuant to Government Code Section 66499.41, as amended. C. Dwelling Unit standards. 1. Utility. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving or shall be located within a utility easement. 2. Setbacks and Height. New structures shall maintain a minimum setback of four (4) feet from all side and rear property lines that abut the adjoining properties. The dwelling unit(s) shall comply with the front setback and height requirement allowed under the existing base zoning district applicable to the lot. 3. ADUs. Accessory dwelling units shall not be allowed for housing development projects covered under this Section except for attached ADUs that conform to required standards. 4. Encroachments. Encroachments into setback areas are allowed per Chapter 20.30 , however, in no case shall an encroachment be closer than three (3) feet from a side property line. Eaves are the only encroachment allowed into a rear setback and must maintain a setback of three (3) feet in any case. Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or required compliance with existing easement restrictions. D. Additional Requirements. 1. The housing development project shall comply with the City's affordable housing requirements as set forth in Chapter 5.08 . 2. Each dwelling unit shall be assigned a separate address number and shall comply with all applicable addressing requirements. 3. Issuance of a building permit is contingent on the approved tentative or parcel map and its conditions of approval. Any dedication, improvement, and sewer requirements identified in the approved tentative or parcel map or its conditions shall be addressed at the time the building permit is issued. 4. All projects that utilize this Section shall comply with the objective standards contained in the Comprehensive Land Use Plan (CLUP) for the Reid-Hillview Airport, as adopted by the Santa Clara County Airport Land Use Commission, to the extent permitted by state law. E. Application Process. 1. If any existing housing is proposed to be demolished, the owner of the property shall sign an affidavit, in the form approved by the Director, stating that none of units proposed to be demolished were occupied by renters and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the Director. (Ord. 31298 .)