Chapter 17.110 — STANDARDS FOR SPECIFIC RESIDENTIAL USES

modified

The purpose of this chapter is to establish site plan, development and/or operational standards for specific residential uses and activities that are permitted or conditionally permitted in some or all residential zoning districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety and welfare of their occupants and the general public.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Height. Accessory buildings located in any residential zone shall not exceed one story and sixteen (16) feet in height.

B.

Floor Area. The total area for all accessory buildings shall not exceed eight hundred (800) square feet per residential property. If there is more than one detached single-family dwelling on a property, the total area for accessory buildings shall not exceed six hundred (600) square feet per dwelling.

C.

Lot Coverage and Floor Area Ratio (FAR). The roofed area shall be included in the maximum lot coverage and the square footage shall be included in the maximum floor area of the accessory building. In addition, the lot coverage and square footage shall be included in the maximum lot coverage and FAR of the underlying zoning district.

D.

Location. Accessory buildings and structures located in any residential zone shall not be located at a distance less than fifty (50) percent of the depth of the lot from the front lot line, or fifty (50) feet, whichever is less. In addition, it shall not be located within a front yard or street side yard setback.

E.

Setbacks. Accessory buildings and structures located in any residential zone shall have a minimum interior side and rear yard setback of four (4) feet. On a corner lot, the setbacks shall meet the minimum required of the underlying zoning district.

F.

Design. The exterior design shall have the same architectural style as the primary dwelling or multiple-family structure(s). In addition, it shall use the same materials, colors, exterior finishes, roof form and windows/doors. Accessory structures shall comply with Chapter 17.140 (Design Guidelines) of this title. This shall not apply to structures for animal enclosures and related activities, greenhouses or conservatories.

G.

Bathrooms and Other Plumbing. Plumbing for bathrooms, washer hookups and other plumbing are permitted as part of an accessory building for residential uses. For bathrooms with showers or bathtubs, a covenant shall be signed and recorded against the property by the property owner stating that the structure will not be converted to an ADU or urban dwelling without obtaining necessary permits from the city and paying any required fees.

H.

See Chapter 17.12 (Rurban Homestead Overlay District) of this title for additional standards and requirements for accessory buildings within the Rurban Homestead Overlay District (RHOD).

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Purpose. The Accessory Dwelling Units (ADUs) and Junior ADU regulations set forth in this section are established to comply with the state standards and requirements set forth in Sections 65852.2 and 65852.22 of the California Government Code, as amended from time to time, and other applicable state laws. This section is not intended to conflict with state law and shall be interpreted to be compatible with state enactments.

B.

Applications.

1.

ADUs/Junior ADUs Submitted Separately with Existing Improvements. The city shall ministerially, and without discretionary review or a hearing, act on the application to create an ADU or a Junior ADU which complies with this section within sixty (60) days from the date the city receives a completed application. There must be an existing single-family or primary dwelling or multiple-family structure on the subject property.

2.

ADUs/Junior ADUs Submitted with Other Proposed New Improvements. If the permit application to create an ADU or a Junior ADU is submitted with a permit application to create a new single-family dwelling on the subject property, the city may delay acting on the permit application for the ADU or the Junior ADU until the city acts on the permit application to create the new single-family dwelling. The application to create the ADU or Junior ADU shall be considered without discretionary review or hearing.

ADUs/Junior ADUs shall be subject to the requirements of this section and approval of a Staff Level Zoning Clearance.

C.

Permitted Zoning Districts, Maximum Number of Units and Minimum Lot Size.

1.

ADUs/Junior ADUs outlined in Table 17.110-1 shall be permitted in any residentially zoned or M/MU zoned lot that includes a proposed or existing dwelling, subject to the requirements of this section (notwithstanding subsection U. below):

Table 17.110-1—Accessory Dwelling Units

Note:

1 Examples of non-habitable space includes boiler rooms, storage rooms, attics, basements and garages.

2.

There shall be no minimum lot size to establish an ADU or junior ADU.

3.

No ADU or junior ADU shall be permitted on a property developed with an urban dwelling as outlined in Section 17.110.110 of this chapter.

D.

Configuration.

1.

An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessary structure detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. An ADU may be either located within a proposed or existing primary dwelling or multiple-family structure, or detached from the proposed or existing primary dwelling or multiple-family structure. A junior ADU shall be attached to the existing or proposed primary dwelling or multiple-family structure.

2.

For purposes of this subsection, "attached" shall mean the ADU or junior ADU shares a wall with the existing or proposed primary dwelling or the multiple-family structure, with both sides of the wall being habitable space. ADUs or junior ADUs shall not be connected to the existing or proposed primary dwelling or multiple-family structure solely by a patio cover, breezeway or similar roofed area.

E.

Unit Size.

1.

Junior ADU (New or Converted). The maximum square footage for a junior ADU shall be five hundred (500) square feet.

2.

Attached ADU (New). The total square footage of an attached ADU shall not exceed fifty (50) percent of the existing or proposed primary dwelling. In addition, the attached ADU shall not exceed eight hundred fifty (850) square feet for a studio or one bedroom and one thousand (1,000) square feet for more than one bedroom.

3.

Detached ADU (New). The maximum square footage for a detached ADU shall not exceed eight hundred fifty (850) square feet for a studio or one bedroom and one thousand (1,000) square feet for more than one bedroom.

4.

Conversion of an Existing Accessory Structure. There shall be no size limit.

5.

Efficiency Unit. Notwithstanding this subsection, and as required under state law, an efficiency unit, meeting the criteria defined in Section 17958.1 of the California Health and Safety Code, shall be permitted. An efficiency unit is a unit for occupancy by no more than two (2) persons which has a minimum floor area of one hundred fifty (150) square feet and which may also have partial kitchen or bathroom facilities.

F.

Building Height.

1.

Detached ADU. A maximum height of sixteen (16) feet in all zoning districts. However, a maximum height of eighteen (18) feet may be permitted as follows:

a.

Properties located within one-half mile walking distance of a High Transit Corridor or Major Transit Stop (MTS)[2 [4]] .

b.

Additional height that is aligned with the roof pitch of the primary dwelling.

c.

Properties developed with an existing or proposed multiple-family development that is more than one story in height.

2.

Attached ADU or Junior ADU. A maximum height of twenty-five (25) feet (one and one-half (1½) stories) in the one-family dwelling (R-1C) zoning district. A maximum height of thirty (30) feet (two (2) stories) in all other zoning districts.

G.

Setbacks. The minimum interior side yard and rear yard setback for a detached ADU shall be four (4) feet, unless the ADU is:

1.

Converted from an existing legal or legal nonconforming structure; or

2.

A new structure constructed in the same location and to the same dimensions as an existing legal or legal nonconforming structure.

H.

Parking Requirements:

1.

No parking shall be required for a junior ADU.

2.

One parking space shall be required for each ADU bedroom or ADU unit, whichever is less. Such required parking shall supplement additional parking requirements for the existing dwelling. Such parking does not need to be enclosed and may be provided as tandem parking on an existing driveway.

3.

When a garage, carport, or uncovered parking structure is demolished or removed, in conjunction with the construction of an ADU or junior ADU, replacement parking shall not be required.

4.

Notwithstanding this subsection, parking requirements shall not apply to ADUs in any of the following circumstances:

a.

The ADU is located within one-half mile walking distance of public transit. For purposes of this section, "public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public;

b.

The ADU is located within the proposed or existing primary dwelling or an accessory building;

c.

When on-street parking permits are required but not offered to the occupant of the ADU; or

d.

When there is a car sharing vehicle located within one block of the ADU.

I.

Driveways. If a property is proposed to be developed with a detached ADU, and the property has one existing driveway, a second driveway shall not be permitted, unless the proposed second driveway is accessed from an alley. If a property is vacant, it shall

only be developed with one driveway, unless the proposed second driveway is accessed from an alley. If the property has two (2) existing driveways, the second driveway may remain.

J.

Lot Coverage and Floor Area Ratio (FAR). The roofed area shall be included in the maximum lot coverage and the square footage shall be included in the FAR limits of the underlying zoning district.

K.

Density. ADUs shall not exceed the maximum allowable density identified in the city's general plan for the lot in which the ADU is proposed. However, an ADU that conforms to this section shall be deemed an accessory use or an accessory building. Therefore, it shall not be considered to exceed the allowable density for the lot upon which it is located. It shall be deemed to be a residential use that is consistent with the existing General Plan and zoning district for the lot.

L.

Limitations to Sell, Convey or Rent an ADU.

1.

Detached ADUs shall not be sold or otherwise conveyed separate from the primary residence, except as otherwise provided in Section 65852.26 of the California Government Code.

2.

Attached ADUs or junior ADUs shall not be sold or otherwise conveyed separate from the primary residence.

3.

The rental of ADUs or junior ADU shall be for a duration longer than 30 consecutive calendar days. Short-term rentals shall be prohibited.

M.

Design.

1.

For attached ADUs and junior ADUs, the entrance shall be located on the side or rear of the primary dwelling. The additional entrance is prohibited from being located on the front of the primary dwelling unit, facing the public right-of-way. In addition, there shall be no exterior staircase leading to or from an attached ADU or junior ADU.

2.

There shall be no upper story balconies or decks.

3.

For detached ADUs, the entrance shall not face, or be visible from the public right-of- way.

4.

For ADUs converted from a garage or other existing accessory buildings, the garage door shall be removed and replaced with building doors, windows and/or other design features. In addition, a three (3) foot wide planter shall be installed between the ADU and any driveway.

5.

ADUs and junior ADUs shall comply with Chapter 17.140 (Design Guidelines) of this title.

ADUs and junior ADUs shall comply with Chapters 17.72 (Landscape Regulations) and 17.74 (Water Efficiency) of this title.

7.

If it is deemed infeasible to comply with all the requirements outlined subsections M.1. through M.5. above, the applicant may receive a waiver to one or more of the requirements.

N.

Occupancy. For new construction, the primary dwelling shall receive a Certificate of Occupancy at the same time or prior to the ADU or junior ADU receiving a Certificate of Occupancy.

O.

Building, Fire and Other Codes. All ADUs shall comply with all provisions of the El Monte Municipal Code (EMMC) pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.

P.

Sprinklers. ADUs shall not be required to install fire sprinklers if they are not required for the existing single-family dwelling.

Q.

Building and Zoning Enforcement.

1.

The correction of nonconforming zoning conditions on the property shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU or a junior ADU.

2.

ADUs or junior ADUs constructed before January 1, 2020:

a.

The city shall not deny a permit if the ADU or junior ADU is in violation of Division 13, Chapter 5, Article 1, commencing with Section 17960 of the Health and Safety Code, does not comply with Article 3, Section 66333 of the California Government Code or with any provision of this title.

b.

The city may deny a permit if the city makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code.

R.

Owner Occupancy Requirement for Junior ADUs. Either the existing primary dwelling or junior ADU on a lot shall be occupied by the owner of the property, unless the owner is another governmental agency, land trust, or housing organization. A covenant shall be signed and recorded against the property by the property owner stating that the existing primary dwelling or junior ADU will be occupied by the property owner.

S.

Fees/Utility Connections.

1.

The property owner shall pay all applicable impact fees related to an ADU seven hundred fifty (750) square feet or larger, including but not limited to, parks, traffic, water and sewer impact fees. Such fees shall be charged proportionately in relation to the square

footage of the primary dwelling unit.

2.

No new or separate utility connection or related fees or capacity charges shall be required for an ADU described in subsection U.1.a. below, unless such ADU was constructed with a new single-family dwelling.

3.

For ADUs not described in subsection U.1.a. below, a new or separate utility connection may be required and related fees or capacity charges shall be proportionate to the burden of the proposed ADU based upon either its square feet or number of its drainage fixture unit ("DFU") values, upon the water or sewage system. Such fees or charges shall not exceed the reasonable cost of providing service.

T.

Other Development Standards. For all other development standards not specified in this section, the development standards of the underlying zoning district shall apply.

U.

Exempt Units. Notwithstanding any development standard or other limitation set forth in subsections A. through S. above, the city shall ministerially approve an application for a building permit within a residential or mixed-use zoning district to create any of the following units:

1.

One single-family structure or more than one detached unit on-site:

a.

Created within an existing or proposed primary dwelling or accessory building. One junior ADU and one attached ADU or detached ADU per lot, subject to all the following:

i.

Attached ADU or detached ADU. Shall be entirely within the square footage of an existing or proposed primary dwelling or accessory building. An additional one hundred fifty (150) square feet may be permitted, provided it is only to accommodate ingress and egress. The minimum interior side and rear yard setbacks for the addition to a detached ADU shall be sufficient for fire and safety.

ii.

Junior ADU. Shall be entirely within the square footage of an existing or proposed primary dwelling.

iii.

Area. The maximum square footage for an attached ADU shall not exceed eight hundred (800) square feet or fifty (50) percent of the existing or proposed primary dwelling, whichever is less.

iv.

Access. The attached ADU or junior ADU shall have exterior access from the proposed or existing primary dwelling.

v.

The junior ADU shall comply with the requirements of Section 65852.22 of the California Government Code.

b.

New Construction. One detached ADU per lot with an existing or proposed dwelling, subject to all the following:

i.

Area. The maximum square footage for the ADU shall be eight hundred (800) square feet.

ii.

Setbacks. The minimum interior side yard and rear yard setbacks shall be four (4) feet.

iii.

Height. Refer to subsection F. above.

c.

Combination. A new construction detached ADU shall not be permitted if the site includes an attached ADU. However, a new construction detached ADU may be permitted if the site includes a junior ADU, subject to the requirements of this subsection.

2.

Multiple-family, including multiple-family in mixed-use zoning districts:

a.

Attached ADUs, subject to all the following:

i.

Location. Multiple ADUs within portions of existing multiple-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided each unit complies with state building standards for dwellings.

ii.

Number. ADUs equal to a maximum of twenty-five (25) percent of the existing dwelling units, with a minimum of one ADU. Fractions shall be rounded down to the nearest whole number.

b.

Detached ADUs, subject to all the following:

i.

Location. Within an existing or proposed accessory building.

ii.

Number:

I.

Lot with an existing multifamily dwelling. A maximum of eight (8) or equal to the number of existing units on the property shall be permitted, whichever is less[3 [5]] .

II.

Lot with a proposed multifamily dwelling. A maximum of two (2) shall be permitted.

iii.

Area. The maximum square footage for each ADU shall be eight hundred (800) square feet.

iv.

Setbacks. The minimum interior side yard and rear yard setbacks shall be four (4) feet.

v.

Height. Refer to subsection F. above.

c.

Combination. Attached ADUs and up to two (2) detached ADUs may be established on the same site, subject to the requirements of this subsection.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

Footnotes:

--- ( 4 ) ---

Note— High Quality Transit Corridor as defined in Section 21155(b) of the Public Resources Code; MTS as defined in Section 21064.3 of the California Public Resources Code.

--- ( 5 ) ---

Note— For properties developed with a combination of detached units and multiple-family structures, a maximum of 2 detached ADUs shall be permitted.

modified

A.

Effective and Expiration Dates. This section shall be in effect beginning on July 1, 2023 and shall expire on January 1, 2033, and as of that date shall be repealed.

B.

Permitted Zoning Districts. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit corridor housing, subject to the requirements of this chapter.

C.

Development Standards. As outlined per Senate Bill No. 6 (July 1, 2023, Caballero, also known as Local planning: housing: commercial zones) and Sections 65852.24 and 65913.4 of the California Government Code.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Purpose. The provisions set forth in this section are intended to allow the conduct of businesses in residential dwellings, which are incidental to and compatible with surrounding uses in permitted zoning districts.

B.

Permitted Zoning Districts. A home occupation business may be permitted as an ancillary use to any existing residential unit, subject to the requirements of this section.

C.

Development Standards.

1.

A home occupation business shall be conducted entirely within a residential dwelling structure and shall occupy no more than five hundred (500) square feet of floor area. This maximum floor area shall include on-site storage areas and any portion of the home occupation business that is located within an accessory building. No outside storage shall be permitted.

2.

Trucks and vans may be used for the home occupation business, provided the vehicles do not exceed a height of seven (7) feet and can fit within a parking stall of eight (8) feet six (6) inches wide by eighteen (18) feet deep.

3.

On-site signs advertising a home occupation business shall not be allowed. Paper and website advertisements are allowed (including business cards), provided they do not include the address of the home occupation business.

D.

Operational Standards.

1.

For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a home occupation business.

2.

There shall be no items sold on-site other than products crafted on the premises. Items manufactured off-site may be sold through mail order or through the internet as long as the home occupation business (including storage area) does not exceed five hundred (500) square feet of floor area. This floor area maximum can be exceeded if the storage area is located off-site.

3.

A home occupation business shall not allow any clients or customers without prior appointments. Client/customer appointments are limited to the hours of 7:00 a.m. to 10:00 p.m., Monday through Saturday.

4.

The existence of a home occupation use shall not be apparent beyond the boundaries of the subject site.

E.

Prohibited Activities. Adult entertainment establishments, commercial cannabis activities (except as permitted in Chapter 8.78 (Personal Cannabis Cultivation) of Title 8 (Health and Safety) of the EMMC), firearms sales, fireworks sales, manufacturing, munitions sales and vehicle repairs. In addition, any activity or use, as determined by the Community Development Director, that is deemed noncompatible with residential uses and/or have the possibility of affecting the health or safety of residents. This includes uses that have the potential to create dust, glare, heat, noise, odor, smoke, traffic and/or vibration. In addition, this includes uses that may be deemed hazardous because of the materials or products used, the processes conducted or the wastes created.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Purpose. To provide for the appropriate development of units which incorporate both living and working space. To ensure that each live/work unit contains an area designated for productive uses and entrepreneurial activities as a component of a dwelling unit. Ensure that the exterior design of live/work units is compatible with the exterior design of commercial, industrial, and residential buildings in the area.

B.

Permitted Zoning Districts. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit live/work units, subject to the requirements of this section.

C.

Permitted Uses.

1.

Permitted Uses. Table 17.110-2 prescribes the land use regulations in live/work units. These designations apply strictly to the permissibility of land uses; applications for building improvements may require other reviews.

2.

Unlisted Uses. Any land use not listed in Table 17.110-2 is not permitted in live/work units, except as outlined in Section 17.12.050 (Rules and Measurements—Additional Permitted Uses) of this title.

Table 17.110-2—Permitted Uses—Live/Work Units

Key:

P Use permitted by-right.

D.

Development Standards.

1.

Ground Floor Height. The minimum height shall be nine (9) feet floor-to-floor.

2.

Work Area Access. Each live/work unit fronting a public right-of-way shall have a pedestrian-oriented frontage that allows views into the interior of the nonresidential areas of the unit. The entrance should be built at the same grade as the sidewalk, to minimize the need for ramps.

3.

Working Space Size. The working space area (including bathrooms and accessways for the working space) shall not exceed eight hundred (800) square feet or fifty (50) percent of the unit's total square footage, whichever is less.

4.

Access Within the Live/Work Units. The living space shall be contiguous with the working space, with direct access between the two (2) areas.

5.

Residential Access. Access to individual units should be from common access areas (e.g. lobby entrance) or private entrances along another façade.

6.

Emergency Access. Access to each unit shall be clearly identified to provide for emergency services.

7.

Projections. Projecting elements such as balconies, roof overhangs, shade structures and bay windows on upper floor may project up to four (4) feet into a street yard setback.

E.

Operational Standards:

1.

For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a home occupation business.

No portion of a live/work unit shall be separately sold or rented.

3.

The owner/operator of the live/work unit shall comply with all performance standards outlined in Chapter 17.50 (Performance Standards) of this title.

4.

All activities related to the "work" component of a live/work unit shall be conducted within a completely enclosed building.

5.

Up to two (2) additional persons who do not reside in the live/work unit may work in the unit.

6.

Client and customer visits to live/work units are allowed. Hours of operation shall be limited to the hours of 7:00 a.m. to 10:00 p.m. on Monday through Saturday and 8:00 a.m. to 8:00 p.m. on Sunday.

7.

A live/work unit shall not be converted entirely to a residential use or entirely to a nonresidential use.

F.

Signage Regulations.

1.

A Master Sign Program shall be required.

2.

Refer to Section 17.80.100 (Signage Regulations—Signs for Specific Uses) of this title for permitted signs for live/work units.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Purpose. To promote pedestrian friendly development that include a mixture of residential and nonresidential uses. Developments are to be of high quality, compact and walkable. The range of nonresidential uses includes offices, retail, food and beverage establishment and services mixed. Developments may be vertical (with housing above nonresidential uses) or horizontal, with housing and nonresidential on the same property, but in separate buildings.

B.

Permitted Zoning Districts. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit mixed-use vertical or horizontal developments, subject to the requirements of this section.

C.

Permitted Nonresidential Uses.

1.

General Commercial (C-3) Zoning District. For horizontal mixed-use, permitted uses shall be limited to those denoted with an "*" in Table 17.40-1 (Permitted Uses—Commercial Zoning Districts) of this title.

2.

Multiuse Zoning District. For vertical mixed-use, permitted uses shall be limited to those denoted with an "*" in Table 17.30-1 (Permitted Uses—Multiuse Zoning Districts) of this title. For horizontal mixed-use, any use listed in Table 17.30-1 may be permitted.

3.

Gateway Specific Plan. For vertical mixed-use, permitted uses shall be limited to those denoted with an "*" in Table 17.131-2 (Permitted Uses—Gateway specific plan) of this title.

4.

Downtown Specific Plan. For vertical mixed-use, permitted uses shall be limited to those denoted with an "*" in Table 17.134-1 (Permitted Uses—Downtown Specific Plan) of this title. For horizontal mixed-use, any use listed in the Subarea in Table 17.134-1 may be permitted.

D.

Development Standards.

1.

Architectural Details and Materials.

a.

Architectural style and use of quality materials shall be compatible and consistent throughout the entire project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project.

b.

Street Level Features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be broken down by architectural features.

c.

Upper Level Features. Upper floor balconies, bays, and windows shall be provided whenever opportunities exist for these types of features.

2.

Building Entrances.

a.

Nonresidential Entrances. Each tenant space shall have a separate pedestrian entrance for use by tenants and the public which faces the public right-of-way or a public open space area.

b.

Residential Entrances. For vertical mixed-use buildings, entrances to individual residential units shall not be permitted along a street frontage. Instead, the units shall be accessed from shared entrances (e.g. a lobby). For residential-only buildings, the units may be accessed individually or from shared entrances.

c.

Design. Entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses.

3.

Pedestrian Access.

a.

Building Frontage. A minimum seventy-five (75) percent of the building frontage facing a public street, pedestrian walkway or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses, display windows, landscaping, etc.).

b.

Linkages. Provide direct pedestrian linkages to adjacent public sidewalks and throughout the project between residential and nonresidential uses and parking areas.

c.

Amenities. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories and similar items to create a pleasant pedestrian experience.

d.

Scale and Character. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

4.

Safety. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by incorporating the following:

a.

Maximize visibility to common open space areas, internal walkways and public sidewalks. Use opportunities for natural surveillance to increase visibility.

b.

Use walkways, low fences, lighting, signage and landscaping to clearly guide people and vehicles to and from the proper entrances.

c.

Eliminate areas of concealment, hiding places and dead spaces.

d.

Access control barriers (e.g. gates and doorways with access codes) separate commercial and residential uses. This shall also be incorporated in parking areas.

Lighting. Decorative lighting shall be incorporated along pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that they do not adversely impact the residential uses, but shall provide sufficient illumination for access and security purposes.

6.

Parking regulations. Residential parking shall be secured and separated from nonresidential parking. This should not apply to projects utilizing parking credits in the Downtown Specific Plan.

7.

Signage Regulations.

a.

The nonresidential portion of project shall follow the sign standards of multiuse zoning districts. The residential portion of the project shall follow the sign standards of multiple-family residential uses.

b.

A Master Sign Program shall be required.

c.

Refer to Chapter 17.80 (Signage Regulations) of this title for additional regulations.

E.

Operational Standards.

1.

A joint Tenants and Owners Association (TOA) should be established for the well-being of each residential and nonresidential tenant and owner. In addition to the requirements outlined in Section 17.50.120 (Performance Standards Property Maintenance) of this title, the Covenants, Conditions, and Restrictions (CC&Rs) for the TOA, shall incorporate the following:

a.

Identification of maintenance responsibilities for landscaping, parking facilities, and recycling and refuse storage facilities;

b.

Noise notification procedures;

c.

Relationship between uses regarding association representation;

d.

Voting procedures; and

e.

Procedures for solving problems that may arise between the different types of uses or residents.

2.

Loading and Unloading Activities. Where applicable, the covenants, conditions, and restrictions of a mixed-use project shall indicate the times when the loading and unloading of goods may occur on the street, provided that in no event shall loading or unloading take place before 7:00 a.m. and after 10:00 p.m. on any day of the week.

Noise Disclosure Notification.

a.

Residents, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban type of environment and that the noise levels may be higher than a typical residential area. The disclosure of the potential noise impacts of living in a mixed-use development shall be included in all deeds or lease agreements.

b.

The covenants, conditions, and restrictions shall require that the residents acknowledge receipt of the written noise disclosure notification. Their signatures shall confirm receipt and acceptance of the noise disclosure.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

Editor's note— Ord. No 3023, § 4.B(Exh. B), adopted May 2, 2023, renumbered the former § 17.110.070 as § 17.110.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 17.110.060.

modified

A.

Purpose. To provide opportunities for properties owned and operated by a religious institution to develop affordable housing units.

B.

Permitted Zoning Districts. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit religious institutions housing, subject to the requirements of this section.

C.

Development Standards.

1.

Property ownership and occupancy. The religious facility shall be a nonprofit organization and shall have owned the property and operated the property as a religious institution for a minimum of three (3) years prior to submittal of an application. The religious facility shall remain on the property and shall not be converted to another use.

2.

Lot Size. Properties shall have a minimum area of twenty thousand (20,000) square feet.

3.

Density.

a.

Residential zoning districts. No minimum and a maximum of twenty (20) units per acre or the maximum permitted in the underlying zoning district, whichever is greater.

b.

Nonresidential zoning districts. No minimum and a maximum of thirty (30) units per acre or the maximum permitted in the underlying zoning district, whichever is greater.

4.

Floor Area Ratio (FAR). The maximum FAR shall be 0.50 or the maximum permitted in the in the underlying zoning district, whichever is greater. This shall apply to all structures on the property, except for multiuse zoning districts, where FAR shall only apply to nonresidential and shared uses.

5.

Usable Open Space.

a.

Overall square footage.

i.

Residential zoning districts. A minimum of three hundred (300) square feet per unit.

ii.

Multiuse zoning districts. A minimum of one hundred fifty (150) square feet per unit.

iii.

Commercial zoning districts. A minimum of two hundred (200) square feet per unit.

iv.

Downtown Specific Plan. A minimum of one hundred (100) square feet per unit.

b.

Common and private: A maximum of one hundred (100) percent of the open space maybe common.

c.

Indoor and outdoor: A maximum of fifty (50) percent of the open space may be indoors.

d.

Sharing of open space: A maximum of fifty (50) percent of the open space may be shared with the onsite religious institution and any onsite school or educational facility. However, the space must be accessible to residents for a minimum of forty (40) hours per week between the hours of 8:00 a.m. and 10:00 p.m.

6.

Lot Coverage. The maximum lot coverage (for all structures on the property) shall be fifty (50) percent or the maximum permitted in the underlying zoning district, whichever is greater.

7.

Parking.

a.

Minimum Residential Parking. A minimum of one parking space per unit shall still be provided. The number of spaces may be further reduced for affordable units as outlined in Section 17.100.090 (Density Bonus Provisions—Parking Reductions) of this title.

b.

Other Parking. Parking for existing nonresidential uses may be reduced by up to fifty (50) percent to accommodate the residential units. For example, if twenty (20) housing units are proposed and the site has thirty (30) additional spaces (for a total of fifty (50) on-site spaces), the number of additional spaces may be reduced to fifteen (15) (for a total of thirty-five (35) on-site spaces).

c.

On-site parking spaces which are unenclosed shall be made available at all times for residents and all other uses.

8.

Affordability Requirements.

a.

For projects with less than five (5) units. There shall be no affordability requirements.

b.

Properties with five (5) or more units. A minimum thirty (30) percent of the units shall be reserved for very low or lower-income households. An additional thirty (30) percent of the units shall be reserved for moderate income, lower income or very low-income households. The remaining units may be market rate.

c.

The units shall be subject to a recorded deed restriction for fifty-five (55) years for rental units and forty-five (45) years for owneroccupied units.

d.

The applicant shall comply with all other requirements of Chapter 17.102 (Inclusionary Housing) of this title and may request any of the incentives listed in Section 17.102.060 (Inclusionary Housing—Incentives) of this title.

9.

Other Development Standards. Refer to the underlying zoning district.

D.

Higher Education and Religious Institutions Housing. In lieu of this section, an applicant may choose to develop housing as permitted in Senate Bill No. 4 (January 1, 2024, Wiener, also known as Planning and zoning: housing development: higher education institutions and religious institutions) and Section 65913.16 of the California Government Code in its entirety.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

Editor's note— Ord. No 3023, § 4.B(Exh. B), adopted May 2, 2023, renumbered the former § 17.110.080 as § 17.110.090 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 17.110.070.

modified

A.

Purpose. It is the purpose of this section to regulate the development and operation of single room occupancy (SRO) facilities. SRO units provide housing opportunities for lower-income individuals, persons with disabilities, seniors, and formerly homeless individuals.

B.

Permitted Zoning Districts. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit SRO developments, subject to the requirements of this section.

C.

Development Standards.

1.

Each SRO facility shall comply with the minimum standards of this section and all applicable development standards of the property's underlying zoning district.

2.

Each unit shall be a minimum one hundred fifty (150) square feet and a maximum four hundred (400) square feet.

3.

Each unit shall accommodate a maximum of two (2) persons, including children.

4.

Tenancy shall be a minimum thirty (30) days and maximum period of twelve (12) months.

D.

Required Amenities.

1.

Each unit is required to provide a separate bathroom containing a water closet, lavatory and bathtub and/or shower.

2.

Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty (30) inches.

3.

Each unit shall have a separate closet.

4.

Laundry facilities must be provided in a separate enclosed room at the ratio of one washer and one dryer for every twenty (20) units, with a minimum of one washer and one dryer provided on each floor of the SRO facility.

5.

A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

6.

Projects with ten (10) or more units shall provide on-site management. A project with less than ten (10) units may provide a management office off-site.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

Editor's note— Ord. No 3023, § 4.B(Exh. B), adopted May 2, 2023, renumbered the former § 17.110.090 as § 17.110.100 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 17.110.080.

modified

A.

Purpose. To provide flexibility with existing commercial and manufacturing uses located in residential zoning district. Transitional uses may be limited to offices uses and other neighborhood serving uses that do not generate excessive noise or traffic.

B.

Permitted Zoning Districts. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit transitional uses, subject to the requirements of this section.

C.

Permitted Uses.

1.

Table 17.110-3 prescribes the land use regulations for transitional uses. These designations apply strictly to the permissibility of land uses; applications for building improvements may require other reviews.

2.

Unlisted permitted uses. Any land use not listed in Table 17.110-3 is not permitted, except as outlined in Section 17.12.050 (Rules and Measurements—Additional Permitted Uses) of this title.

Table 17.110-3—Permitted Uses—Transitional Uses

D.

Operational Standards.

1.

An approved transitional use may continue in perpetuity, so long as it remains otherwise lawful, subject to the provisions of this section.

2.

If the commercial use converts to a residential use or other conforming use, it cannot thereafter convert to a nonconforming commercial use.

3.

This section only applies to existing structures; new projects must adhere to current applicable zoning.

4.

The Conditional Use Permit or Minor Use Permit may limit signage, hours of operation and other operational standards. Improvements to the building may be required, such as new/replaced doors, windows and updated facades, provided no additional square footage is added. In addition, improvements to the property may be required, such as parking lot improvements and new landscaping.

E.

Limitations. Applications to request a new transitional use will only be accepted up to December 31, 2030. Thereafter, the use and property shall be subject to the nonconforming provisions outlined in Chapter 17.16 (Nonconforming Provisions) of this title.

F.

Additional Findings. In addition to the required findings outlined in Section 17.123.030 (Conditional and Minor Use Permit— Necessary Findings) of this title, the following findings shall also be made.

1.

That the parking for the transitional use will not have a significant negative impact on the surrounding parcels or neighborhood; and

That the property will be improved, to the extent feasible, to meet current development standards relating to landscaping, walls and fencing, building facades, trash enclosures and the Americans with Disabilities Act (ADA) accessibility.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

Editor's note— Ord. No 3023, § 4.B(Exh. B), adopted May 2, 2023, renumbered the former § 17.110.100 as § 17.110.110 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 17.110.090.

modified

A.

Purpose. The urban dwelling regulations set forth in this section are established to comply with the state standards and requirements set forth in Section 65852.21 of the California Government Code, as amended from time to time, and other applicable state laws. This section is not intended to conflict with state law and shall be interpreted to be compatible with state enactments.

B.

Applications.

1.

One urban dwelling on a property with an existing primary dwelling. One application shall be submitted.

2.

One urban dwelling on a property with a proposed primary dwelling. One application shall be submitted. The city may delay acting on the portion of the application for the urban dwelling until the city acts on the portion of the application to develop the new primary dwelling.

3.

Two (2) urban dwellings on a property that is vacant or proposed to be vacant. One application shall be submitted.

4.

Concurrent applications for one or two (2) urban dwellings and an urban lot split as outlined in Chapter 16.25 (Urban Lot Splits) of Title 16 (Subdivision Ordinance) of the EMMC. The city shall act on the urban lot split at the same time or before acting on the application for the urban dwelling.

5.

The city shall ministerially, and without discretionary review or a hearing, act on the application to create an urban dwelling, subject to the requirements of this section.

C.

Permitted Zoning Districts. Urban dwellings shall only be permitted in One-Family Dwelling (R-1A or R-1B) zoning districts.

D.

Development Standards: Table 17.110-4 prescribes the land use regulations for urban dwellings.

Table 17.110-4—Development Standards—Urban Dwellings

Notes:

4 If the property is developed with 2 or more single-family, multiple-family dwellings, an Accessory Dwelling Unit (ADU) or Junior ADU, no urban dwelling(s) shall be permitted.

5 Attached shall mean the urban dwelling shares a wall with the existing or proposed primary single-family dwelling, with both sides of the wall being habitable space. An urban dwelling shall not be connected to an existing or proposed primary single-family dwelling solely by a patio cover, breezeway or similar roofed area.

6 High Quality Transit Corridor as defined in Section 21155(b) of the California Public Resources Code; MTS as defined in Section 21064.3 of the California Public Resources Code.

E.

Design Standards. Urban dwellings shall comply with Chapter 17.140 (Design Guidelines) of this title.

F.

Occupancy. For new construction, the primary single-family dwelling shall receive a Certificate of Occupancy at the same time or prior to the urban dwelling receiving a Certificate of Occupancy.

H.

Building, Fire and Other Codes. All urban dwellings shall comply with all provisions of the EMMC pertaining to water, sewer, electrical, drainage, and fire and emergency services to the property on which the urban dwelling will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.

I.

Other Development Standards. For all other development standards not specified in this section, the development standards of the underlying zoning district shall apply.

J.

Fees/Utility Connections.

1.

Impact Fees. The applicant shall pay all applicable impact fees for each new dwelling, including but not limited to: parks; traffic; water and sewer. Such fees shall be charged at the same rate as a new single-family dwelling.

2.

Utilities. New or separate utility connection shall be required, including all related fees or capacity charges. Such fees shall be charged at the same rate as a new single-family dwelling.

K.

Limitations to Develop, Sell, Convey or Rent an Urban Dwelling.

1.

Historic properties. Any proposed urban dwelling shall not be located within a historic district or property included on the State Historic Resources Inventory (per Section 5020.1 of the California Public Resources Code), or within a property that is designated or listed as a federal, state or local landmark or historic property or district pursuant by ordinance.

2.

Demolition.

a.

The following types of housing shall not be demolished or altered to accommodate an urban dwelling.

i.

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

ii.

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

iii.

Housing that has been occupied by a tenant within the past three (3) years.

b.

A residential dwelling that has been vacant and/or owner occupied for the past three (3) years may be fully demolished. It shall be the applicant's responsibility to provide compelling and substantial evidence to the satisfaction of the Community Development Director that the dwelling has been vacant and/or owner occupied over the past three (3) years.

3.

Accessory Dwelling Units (ADUs) and junior ADUs. An urban dwelling shall not be permitted if the property is already developed with an ADU and/or junior ADU. In addition, if an urban dwelling is developed on the property, no ADU or junior ADU shall be permitted thereafter.

4.

Separate Conveyance. The urban dwelling shall not be sold or otherwise conveyed separately from any other dwelling on the property; and

5.

Short Term Rentals. The urban dwelling shall not be rented for any duration less than thirty (30) consecutive calendar days.

L.

Disclosures. The following disclosures shall be recorded on the property and proof of the recordation shall be provided to the city prior to final occupancy:

1.

The dwellings shall not be used for short term rentals;

2.

The property (or properties if there was an urban lot split) shall not be further subdivided in the future (through an urban lot split or other process);

3.

The urban dwelling shall not be sold or otherwise conveyed separate from any other dwelling on the property;

4.

The driveway easement shall remain in place and both property owners shall be equally responsible to maintain, repair and repave the driveway;

M.

Exemptions to Objective Standards. Notwithstanding any development standard or other limitation set forth in subsections A. through L. above, the city shall ministerially approve an application for a building permit within the R-1A and R-1B zoning districts to create any of the following units.

1.

If the property is vacant and two (2) urban dwellings are proposed, the city shall approve an average size of up to eight hundred (800) square feet for each urban dwelling (i.e. one thousand six hundred (1,600) square feet total).

2.

If the property is developed with one primary dwelling, the city shall approval an urban dwelling of up to eight hundred (800) square feet.

If the above cannot be accommodated because of property constraints, the city shall provide relief to the development standards of this section (without requiring a variance or minor variance), in the following descending order in order of priority (i.e. relief shall be provided through (a) maximum FAR first and then (b) lot coverage, and so on) only to the extent necessary to allow the development of no more than two (2) residential units on a lot pursuant to this section that are each eight hundred (800) square feet in floor area:

a.

Maximum floor area ratio (FAR) for the property.

b.

Maximum lot coverage for the property.

c.

Minimum building separation for a detached urban dwelling.

d.

Requirement for enclosed parking spaces may be partially or fully replaced with unenclosed parking spaces;

e.

Minimum front yard setback for the rear urban dwelling(s) may be reduced to four (4) feet;

f.

Minimum parking requirements for the urban dwellings may be reduced or eliminated.

g.

Additional height. If a third story is needed to accommodate the minimum square footage, it shall be completely subterranean (with exception to the minimum opening requirements for light and ventilation per the most recently adopted California Building Code).

h.

Other standards as determined by the Community Development Director.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

Editor's note— Ord. No 3023, § 4.B(Exh. B), adopted May 2, 2023, repealed the former § 17.110.110. The former § 17.110.110 pertained to urban lot splits and derived from Ord. No. 3011, § 3(Exh. B), adopted June 21, 2022. See also editor's note at § 17.110.100.

modified

A.

Purpose. To promote developments at high densities in close proximity to transit stations and along major transit corridors. The goal is to create neighborhoods that are walkable with retail, food and beverage establishment and entertainment uses.

B.

Permitted Zoning Districts. Refer to Chapter 17.A (Matrix of Permitted Uses) of this title for the zoning districts that may permit urban housing, subject to the requirements of this section.

C.

Development Standards.

1.

Minimum Density. The project shall have a minimum density of thirty-five (35) units per acre. The maximum density shall be the maximum permitted in the underlying zoning district.

2.

Architectural Details and Materials.

a.

Street Level Features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.

b.

Upper Level Features. Upper floor balconies, bays, and windows shall be provided whenever opportunities exist for these types of features.

3.

Building Entrances. Units may be accessed individually or from shared entrances (e.g. a lobby).

4.

Pedestrian Access:

a.

Building Frontage. A minimum seventy-five (75) percent of the building frontage facing a public street, pedestrian walkway or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses, display windows, landscaping, etc.).

b.

Linkages. Provide direct pedestrian linkages to adjacent public sidewalks and throughout the project between residential and parking areas.

c.

Amenities. Provide enhanced pedestrian amenities throughout the project, including: seating; pedestrian area lighting; special paving; public art; water features; common open space; directories; and similar items to create a pleasant pedestrian experience.

d.

Scale and Character. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

Safety. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by incorporating the following:

a.

Maximize visibility to common open space areas, internal walkways and public sidewalks. Use opportunities for natural surveillance to increase visibility.

b.

Use walkways, low fences, lighting, signage and landscaping to clearly guide people and vehicles to and from the proper entrances.

c.

Eliminate areas of concealment, hiding places and dead spaces.

6.

Lighting. Decorative lighting shall be incorporated along pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that they do not adversely impact the residential uses, but shall provide sufficient illumination for access and security purposes.

7.

Signage Regulations. A Master Sign Program shall be required. Refer to Chapter 17.80 (Signage Regulations) of this title for additional regulations.

D.

Operational Standards.

1.

Loading and Unloading Activities. Where applicable, the covenants, conditions, and restrictions of an urban housing project shall indicate the times when the loading and unloading of goods may occur on the street, provided that in no event shall loading or unloading take place before 7:00 a.m. and after 10:00 p.m. on any day of the week.

2.

Noise Disclosure Notification.

a.

Residents, whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban type of environment and that the noise levels may be higher than a typical residential area. The disclosure of the potential noise impacts of living in an urban housing development shall be included in all deeds or lease agreements.

b.

The covenants, conditions, and restrictions shall require that the residents acknowledge their receipt of the written noise disclosure notification. Their signatures shall confirm receipt and acceptance of the noise disclosure.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)