Division 1 — PERMITTED USES AND DEVELOPMENT STANDARDS

A.

Three residential zones are established to provide residents with a comfortable, healthy, safe, and pleasant living environment. These zones should be separated from incompatible and disruptive activities that may conflict with this purpose. The various zones are designed to accommodate specific types of living situations, such as single-family and multifamily housing, in sufficient supply to serve the needs of the city's residents.

Low Density Residential Zone (R-1). The purpose of the R-1 zone is to provide areas for the development of detached and attached single-family dwellings that incorporate private outdoor open spaces into individual living environments. The zone is intended to protect and stabilize desirable characteristics of single-family residential areas, such as minimum lot sizes and separation from incompatible land uses.

Medium Density Residential Zone (R-2). The purpose of the R-2 residential zone is to provide an environment suitable for both single-family and duplex units. The intent is to promote desirable characteristics for medium-density living and to stabilize existing medium-density areas. Lots in the R-2 zone may accommodate one or two single-family detached units or duplex units.

High Density Residential Zone (R-3). The purpose of the R-3 zone is to provide opportunities for persons to live in medium- or high-density residential developments. Lots in this zone provide common open space areas and similar amenities. The R-3 zone is primarily intended to accommodate apartments and other multi-family dwellings, although single-family and duplex residences are also permitted.

(Ord. 544 § 1(part), 2000).

A.

Table 19.07.020A identifies the uses permitted in the R-1, R-2, and R-3 zones. Residential uses represent the primary permitted use, and only those additional uses that are complementary to, and can exist in

harmony with, the residential character of each zone may be allowed as conditionally permitted, accessory, and temporary uses, as indicated in Table 19.07.020A.

B.

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding the location, operation, or design of the use. Such uses are marked in Table 19.07.020A with an asterisk (*), and the special conditions that apply are contained in Chapter 19.31 (Standards for Specific Land Uses) of this title.

C.

When a use is not specifically listed, the community development director shall have the authority to determine what use the proposed use is most similar to and whether such proposed use is permitted within the context of existing regulations.

Table 19.07.020A Permitted and Conditional Uses—Residential Zone Development Standards— Public Facility Zone

(Ord. 609 § 1, 2007; Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 7 (Exh. D), 11-19-2013; Ord. No. 761, § 2, 8-4-2020)

Table 19.07.030A identifies the development standards applicable to all development in the R-1, R-2, and R-3 zones.

Abbreviations: du(s) = dwelling unit(s); sf = square feet; ft. = feet; bdrm = bedroom; N/A = Not Applicable;

(Ord. 609 § 2, 2007; Ord. 544 § 1(part), 2000).

Architectural and structural features on a building or structure are permitted to project into required setback areas as set forth in Table 19.07.040A, but in all cases shall be at least three feet from any property line.

Table 7-3 Permitted Projections into Required Setback Areas—Residential Zones

To the adjacent property line To the adjacent property line To the adjacent property line

Rear yard: Rear yard: Rear yard:
No closer than 5 ft. to rear No closer than 5 ft. to rear No closer than 5 ft. to rear
property line property line property line

Uncovered porches at first floor 6 ft. into front yard 6 ft. into front yard 6 ft. into front yard level

Balconies 3 ft. maximum 3 ft. maximum 3 ft. maximum

No balconies or sundecks allowed in the required rear yard setback

Planting boxes, planters(a) 3½ ft. maximum height 3½ ft. maximum height 3½ ft. maximum height

Guard railings around ramps 3½ ft. maximum height 3½ ft. maximum height 3½ ft. maximum height

(a) No such projections are permitted on any lot within recorded Tract No. 37889, also known as the "Village."

(Ord. 544 § 1(part), 2000).

A.

In any required front yard, except lots included within recorded Tract No. 37889, fences, hedges, and walls shall not exceed three and one-half feet in height, or six feet in height if the fence is made of decorative wrought iron.

B.

On all lots within recorded Tract No. 37889, known as the "Village," no front yard fencing shall be permitted within the twenty-foot front yard setback area.

C.

In any required side or rear yard, or at the rear of the front yard setback, fences, hedges and walls shall not exceed six feet in height.

D.

The maximum height for any fence, hedge, or wall adjacent to a freeway right-of-way is ten feet.

(Ord. 544 § 1(part), 2000).

The following standards shall apply to all accessory buildings and structures in a residential zone:

A.

Accessory Building in Side Yard.

An accessory building or structure is allowed along the side property line not abutting a street if:

a.

The accessory building is located fifty feet or more from the front property line for R-1 and R-2 properties, and seventy feet or more from the front property line for R-3 properties;

b.

There is no opening along the property line;

c.

One-hour fire resistance construction is provided on all sides of the building or structure; and

d.

All roof drainage is accommodated on the property on which the building or structure is placed.

Otherwise, the minimum side yard requirements set forth in subsection (A)(2) of this section shall apply.

Minimum side yard requirements for an accessory building or structure along the side property line abutting a public street:

a.

R-1 and R-2 Zones. An accessory building located fifty feet or more from the front property line shall require a minimum side yard setback of three feet; otherwise, the side yard setback shall be the same as required for the main building.

b.

R-3 Zone. An accessory building located seventy feet or more from the front property line shall require a minimum side yard setback of three feet; otherwise, the side yard setback shall be the same as required for the main building.

An accessory building with direct alley access must be located a minimum of twenty-six feet from the opposite side of the alley.

B.

Accessory Building in Rear Yard.

An accessory building is permitted along the rear property line if:

a.

There is no opening along the property line;

b.

One-hour fire resistance construction is provided on all sides of the building or structure; and

c.

All roof drainage is accommodated on the property on which the building or structure is placed.

Otherwise, a minimum rear yard setback of three feet is required.

An accessory building with direct auto access from the alley must be located a minimum of twenty-six feet from the opposite side of the alley.

On a reverse corner lot, the accessory building must have a minimum setback of five feet from the rear property line, which is also the side property line of an adjoining property.

(Ord. 544 § 1(part), 2000).

A.

No motorized vehicle, either operable or inoperable, shall be permitted to be parked within any front yard area other than on a paved driveway leading directly to a garage or other approved vehicle parking area.

B.

Exception. On all lots within recorded Tract No. 37889, known as the Village, a maximum of ten-foot by twenty-foot parking pad may be installed on-site within the twenty-foot front yard setback and developed immediately adjacent to the existing parking spaces located in front of the existing two-car garage to create a continuance parking pad not to exceed thirty feet in width. A ten-foot by twenty-foot concrete pad is allowed if a lot is in full compliance as follows:

The twenty-foot length for the parking pad will be measured from the front property line and the parking pad shall not extend nor shall vehicles be allowed to park beyond the twenty-foot front yard setback. No trailers and only operable vehicles are allowed to be parked on the parking pad and parking areas in front of the garage as shown in Figure 7-01.

The parking pad must be constructed of three and one-half inch thick concrete or any other material that is suitable to sustain the weight of the vehicles for vehicle parking as determined by the city.

A walkway with a maximum width of forty-eight inches is allowed to be located within the front yard setback, but must be separated from an approved parking pad with a minimum thirty-inch-wide landscape area.

A maximum of thirty feet of continuous concrete or other compatible material and forty-eight inches walkway is allowed within the front yard setback. The remainder of the front yard setback not improved as a walkway or parking pad must be fully landscaped.

A plot plan/site plan review will be required and shall submitted to the planning division for review and approval with the appropriate fee for the consideration of any proposed or pre-developed parking pad pursuant to subsection (B) of this section.

C.

No vehicle with a gross vehicular weight of ten thousand pounds or greater shall be parked on any portion of a lot within a residential zone. This restriction shall not apply to delivery, service, or similar vehicles providing temporary service.

(Ord. 544 § 1(part), 2000; Ord. No. 820, § 2, 5-13-2025).

A driveway in a front yard in any residential zone shall be no more than twenty feet in width. In the case where a driveway or other access leads directly to three covered side-by-side parking spaces, the driveway width shall not exceed thirty feet.

(Ord. 544 § 1(part), 2000).

A.

Purpose. The purpose of this section is to establish regulations governing accessory dwelling units and junior accessory dwelling units, in compliance with California Government Code Sections 65852.2 and 65852.22, and to provide standards for the development of accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such units remain compatible with existing neighborhoods.

B.

Development Standards. Under the provisions of this section, each accessory dwelling unit or junior accessory dwelling unit shall comply with local building codes, and all development standards contained in Chapter 19.07, except as otherwise specified herein:

Location. Accessory dwelling units are allowed on lots zoned for single-family residential which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multi-family residential or mixed-use residential use which contain or are proposed to be developed with a multi-family dwelling. Subject to standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence, or accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use, and which are contained or are proposed to be developed with a single-family dwelling.

Minimum Lot Size. Minimum lot size requirements shall not be applied to accessory dwelling units or junior accessory dwelling units.

Height of Structure; Access. Height of detached accessory dwelling unit shall not exceed sixteen feet. Any external staircase for accessory dwelling units shall not be located at the front of a single-family or multi- family dwelling unit, as applicable.

Setbacks. An existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure, that is converted to an accessory dwelling unit may maintain the existing setback. An accessory dwelling unit that is not a conversion from an existing structure, or that is not a new structure constructed in the same location and to the same dimensions as an existing structure, must maintain a four-foot setback, including any eaves or overhangs, and all side and rear setbacks must comply with building and fire safety regulations.

Number of Dwelling Units.

a.

Low Density Residential Zone (R-1). The number of accessory dwelling units or junior accessory units that may be located on any lot in the low density residential zone is limited to one of the following options:

i.

One accessory dwelling unit may be located within the proposed space of a single-family dwelling, or the existing space of a single-family dwelling or accessory structure, and the accessory dwelling unit conversion within an existing accessory structure may include an expansion of not more than one hundred

fifty square feet beyond the same physical dimensions as the existing accessory structure only for the purpose of accommodating ingress and egress.

ii.

One detached or attached, new construction accessory dwelling unit may be located on lots which contain or are proposed to be developed with a single-family dwelling.

iii.

One junior accessory dwelling unit may be located within the proposed space of a single-family dwelling, or the existing space of a single-family dwelling.

iv.

One junior accessory dwelling unit under B.5.a.iii above, plus one detached new construction accessory dwelling unit under subsection B.5.A.ii above, may be located on lots which contain or are proposed to be developed with a single-family dwelling; provided that the accessory dwelling unit shall be no more than eight hundred square feet in floor area, no more than sixteen feet in height, and have at least four-foot side and rear yard setbacks.

b.

Medium Density (R-2) and High Density (R-3) Zones. The number of accessory dwelling units that may be constructed on any lot in R-2 and R-3 zones is limited as follows:

i.

A maximum of two detached accessory dwelling units may be constructed on lots which contain or are proposed to be developed with a multi-family dwelling unit, so long as the accessory dwelling unit is no more than sixteen feet in height and has at least four-foot side and rear yards setbacks.

ii.

Within an existing multifamily dwelling structure an accessory dwelling unit may be converted from areas not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. At least one such accessory dwelling unit conversion, and up to twenty-five percent of the existing units within the multifamily dwelling structure is permitted under this subsection, and all such units shall comply with applicable fire and building code requirements.

iii.

Junior accessory dwelling units are not permitted in multi-family dwellings.

Number of Bedrooms. Accessory dwelling units can be either one or two bedrooms, and junior accessory dwelling units shall be limited to a maximum of one bedroom.

Dwelling Size.

a.

All newly constructed detached one-bedroom accessory dwelling units shall not exceed eight hundred fifty square feet, and two-bedroom accessory dwelling units shall not exceed one thousand square feet.

b.

The total floor area of any accessory dwelling unit or junior accessory dwelling unit shall be of a minimum of one hundred fifty square feet or as specified in Section 17958.1 of the California Health and Safety Code.

c.

Accessory dwelling units located within existing multi-family dwellings shall not exceed eight hundred fifty square feet and shall be larger than five hundred square feet.

d.

When an accessory dwelling unit is attached to an existing single-family dwelling, the maximum allowed size of the accessory dwelling unit shall be the smaller of: fifty percent of the existing primary dwelling, or eight hundred fifty square feet.

e.

Junior accessory dwelling units shall not exceed five hundred square feet.

Off Street Parking. One parking space per accessory dwelling unit shall be provided. These spaces may be provided as tandem parking on an existing driveway, or on a driveway, a side yard setback or a rear yard setback. Parking is limited to lawfully paved areas approved by the city. No additional parking for the accessory dwelling unit is required if any one of the following conditions are met:

a.

The unit is located within one-half mile of walking distance of public transit.

b.

The unit is located within an architecturally and historically significant historic district.

c.

The unit is part of (i.e., contained within) the footprint of the primary residence or an accessory building.

d.

When on-street parking permits are required but not offered to the occupant of the unit.

e.

When there is a car share vehicle located within one block of the unit.

Location of Required Parking. Parking required for the accessory dwelling unit may be located in the following locations, as approved by the city, ordered from most preferred to least preferred:

a.

A garage, carport, or covered space on a driveway, which complies with required setbacks for both primary and accessory structures.

b.

An uncovered tandem space on a driveway.

c.

Within the required street side yard setback.

d.

Within the required rear yard setback.

e.

Within the required front yard setback.

f.

Notwithstanding the foregoing, parking in setbacks and tandem driveway parking may be denied if the building official determines that parking in those areas is unsafe due to site specific fire and/or life safety conditions.

g.

If parking required for the unit is accommodated in any setback area as set forth above, then the required parking space shall be located and maintained in the specific location designated by the city.

10

Access. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless there is access from an alley contiguous to the lot. No passageway connecting the accessory dwelling unit to a street is required. Each accessory dwelling unit or junior accessory dwelling unit shall maintain independent exterior access from the existing residence.

Way Finding. Each unit shall display an address in compliance with the current California Residential Code.

Utilities. All utilities servicing the accessory dwelling unit or junior accessory dwelling unit may be metered in conjunction with the primary dwelling, in compliance with Government Code Section 65852.2(f).

Restricted Areas. Accessory dwelling units or junior accessory dwelling units shall not be allowed where roadways, public utilities and services are inadequate. The property owner shall provide evidence that adequate sewer, streets, and water are available for the unit as required by the city, in compliance with all current state and local building and fire codes, and the feasibility of sewer and water connection to the level of service adequate based upon applicable health and safety standards.

Architectural Compatibility. The accessory dwelling unit or junior accessory dwelling unit shall incorporate the same architectural features, building materials, and color as the main dwelling unit on the property. These features shall include, but are not limited to, roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows including, but not limited to, ratios of window dimensions (i.e., width to height) and window area to wall area, garage door, and architectural enhancements. Fire sprinklers are not required for the accessory dwelling unit or junior accessory dwelling unit if they are not required for the primary residence or multi-family dwelling.

Ownership and Occupancy—Owner-Occupancy Required. One of the units on lots with a single-family dwelling shall be occupied as the primary residence of the owner of the lot. If the owner occupies neither unit, the accessory dwelling unit shall not be used as a dwelling unit, and shall not be rented. Notwithstanding the foregoing, an accessory dwelling unit that is approved after January 1 2020, but before January 1, 2025, is not subject to the owner-occupancy requirement.

Deed Restrictions for Accessory Dwelling Units. Before obtaining a building permit for an approved accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement to restrictions, containing a reference to the deed under which the property was acquired by the owner and stating that:

a.

The accessory dwelling unit cannot be sold separately from the primary residence;

b.

The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property; provided that, an accessory dwelling unit that is approved after January 1, 2020 but before January 1, 2025, is not subject to the owner- occupancy requirement;

c.

Minimum rental term shall be no less than thirty days;

d.

The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may result in legal action against the property owner to compel compliance with this section; and

e.

If the accessory dwelling unit is modified such that it no longer complies with this section, the property owner shall return the lot and all improvements into a condition that complies fully with applicable land use and building standards set forth in this code. The property owner shall apply for any and all permits necessary to complete the scope of work, as required under the city's building and fire codes.

Specific Junior Accessory Dwelling Units Requirements. The requirements and standards of this subsection shall apply to junior accessory dwelling units, notwithstanding anything contrary in this section.

a.

The owner of the single-family lot shall occupy the single-family dwelling or the junior accessory dwelling unit.

b.

Before obtaining a building permit for a junior accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement to restrictions, containing a reference to the deed under which the property was acquired by the owner stating that:

The junior accessory dwelling unit cannot be sold separately from the primary residence;

The size and attributes of the junior accessory dwelling units shall conform at all times with the requirements of California Government Code Section 65852.22 and the Commerce Municipal Code;

Minimum rental term shall be no less than thirty days; and

The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may result in legal action against the property owner to compel compliance with this section.

c.

A junior accessory dwelling unit shall include: a separate entrance from the main entrance to the proposed or existing single-family residence; and an efficiency kitchen, which shall include a cooking facility with appliances, a food preparation counter or counters that total at least eight square feet in area and food storage cabinets that total at least sixteen square feet of shelf space.

C.

Submittal Requirements and Application Processing. Any application for an accessory dwelling unit or junior accessory dwelling unit shall include a site plan, floor plan, and elevations substantiating and evidencing compliance with all applicable development standards. Where all requirements of this section and the Commerce Municipal Code appear to be met, the application shall be approved ministerially without discretionary review or public hearing within sixty days of receiving the application. The city and applicant may agree to additional time with a written request from the applicant.

(Ord. No. 761, § 1, 8-4-2020)

Editor's note— Ord. No. 761, § 1, adopted Aug. 4, 2020, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 544, § 1, 2000; Ord. No. 656, § 9 (Exh. F), 11-19-2013.

In addition to the requirements contained in this Chapter 19.07, regulations contained in the following chapters of this Title 19 shall apply to development in residential zones:

Chapter 19.01: General Provisions

Chapter 19.15: Planned Development Overlay Zone

Chapter 19.19: Site Planning and General Development Standards

Chapter 19.21: Off-Street Parking and Loading

Chapter 19.23: Landscaping Standards

Chapter 19.25: Signs

Chapter 19.31: Standards for Specific Land Uses

Chapter 19.37: Nonconforming Uses and Structures

Title 8 (Animals) of the City of Commerce Municipal Code

(Ord. 544 § 1(part), 2000).