Sec. 30-432. - Special use regulations. — Fontana Zoning Code

This section establishes special regulations for certain uses permitted by right, as indicated by an asterisk "*" in Table No. 30-430. The use specified is permitted provided that the use conforms to the following regulations:

(1)

Agricultural uses (retail and wholesale uses).

a.

Crops and orchards. Farms or ranches for orchards, tree crops, field crops, berry or bush crops, flower gardening, and the like are permitted if a residential lot has a net area equal to or greater than 20,000 square feet. The following regulations apply:

Retail sale of agricultural goods grown on the premises is permitted.

2.

No commercial nurseries shall be permitted.

(2)

Animals—Keeping and raising.

a.

Small animals. The raising of chickens, rabbits, or other similar fowl or small animals is permitted subject to the following:

1.

The number of animals shall be prescribed in Table No. 30-432.

2.

All animals shall be corralled, penned or caged, as defined below in "Animals: keeping and raising."

3.

The operator shall comply with all other regulations established by city and county health ordinances.

4.

Animal slaughtering for production of marketable products or for private consumption shall be prohibited in all zoning districts.

b.

Table No. 30-432. summarizes the number of animals that may be kept on any property.

c.

Location of animals.

1.

Areas containing generally accepted household pets other than dogs or cats, such as passerine or exotic birds, hamsters, garter snakes, lizards, frogs, and fish are not subject to these regulations.

2.

All animals shall be corralled, penned or caged at least 40 feet from any dwelling on the property (including contiguous parcels under one ownership used as one property) containing the corral, pen or cage and 20 feet from any property line.

3.

Grazing shall not be permitted within any public right-of-way, front setback, or street side setback at any time.

4.

Animal slaughtering for production of marketable products or for private consumption shall be prohibited in all zoning districts.

Table No. 30-432 Number of Animals Permitted for Noncommercial Use in Residential Zoning Districts

Table No. 30-432 Number of Animals Permitted for Noncommercial Use in Residential Zoning Districts
	Type of Animal	District Permitted	Minimum Site Area Required	Maximum No. of Each Animal
1)	Each cat	All	None	(a)(b)
2)	Each dog	All	None	(a)(b)
3)	Generally accepted household pets other than cat or dog, such as passerine or exotic birds, hamsters, garter snakes, lizards, frogs, rabbits, and fsh	All	None	5
4)	Horse, donkey, mule, pony, llama, sheep, goat, geese, rooster, peacock, or similar	R-E	½ acre	two per ½ acre

	crowing/squawking bird
5)	Household exotic animals (other than exotic birds)	All	None	One per site
6)	Pot-bellied pigs	All	None	One per site
7)	Parrot or other mimicking bird(s)	All	None	Two per site
8)	Chicken, pigeon, duck, or similar small fowl or animal	All	15,000 sf	5 per 15,000 sf
9)	Apiary	R-E	1 acre	1 hive per 10,000 sf
10)	Aviary	R-E	1 acre	25 birds per acre

i.

No more than one per multiple-family dwelling unit.

ii.

No more than three per single-family dwelling unit.

(3)

Construction trailer/sales office. A trailer used for construction offices, sales and rental, or watchman's quarters is permitted at a construction site with the approval of a temporary use permit as required in Article II provided:

a.

The trailer is located on the same or adjacent premises as the construction project.

b.

The trailer is used only during the period of construction. All trailers shall be removed prior to final project inspection.

c.

Not more than one person per shift resides in the trailer if used for watchman's quarters.

d.

Shall comply with the provisions set forth for temporary uses as defined in Article II.

(4)

Garage, carports, and driveways—Private.

a.

Each parking stall within an enclosed garage or carport area shall have a minimum clear unobstructed area of ten feet in width by 20 feet in length. An encroachment into this clear space of up to 24 inches may be permitted on the wall opposite the garage vehicle entrance, provided a minimum ground clearance of at least four feet is maintained.

b.

For single-family residences, in addition to a direct pedestrian door way and door from the garage into the house, each garage shall also have a minimum of at least one direct pedestrian doorway and door, at least 32 inches wide, to the rear or side setback with a paved sidewalk leading to the driveway or sidewalk.

(5)

Private swimming pool. The requirements of Section 30-466 shall apply to all private swimming pools, spas, and hot tubs.

(6)

Oversized vehicle parking. Recreational house trailers, motor homes, campers, boats, and similar recreational vehicles may be parked on any residential property that is developed with a primary residence provided that the vehicle conforms to the following regulations:

The vehicle, when parked, shall not extend into any public right-of-way, including sidewalks, into any private access easement or area, or into or on the front setback area, excluding approved driveways (refer to Chapter 17, Section 162 of the Municipal Code).

The vehicle, when parked, shall not be lived in or occupied at any time. The vehicle, when parked, shall be registered to the property owner.

(7)

Stable; private. Private stables are permitted subject to the regulations for the keeping of animals specified in Table No. 30-432.A. Also, private stables shall not be located in any required front setback area.

(8)

Home occupations. Home occupation uses, including cottage food operations, are permitted provided a valid home occupation permit has been obtained pursuant to the provisions of Article II, Division 19 of this chapter.

Sec. 30-433. - Conditional use permit regulations.

All uses marked with a "C" in Table No. 30-430.A must comply with the conditional use permit procedural requirements outlined in Article II, Division 12 of this chapter. In addition, certain conditional uses must comply with the specific development and operational standards outlined below.

(1)

Places of assembly. Places where people assemble for meetings, events, religious services, cultural activities and similar events are subject to the provisions of this subsection.

a.

The minimum site area shall be one acre and shall have frontage on a secondary, primary, or major highway.

b.

The width of the frontage of the site shall be not less than 120 feet.

c.

Front setbacks shall be required for the zoning district in which the use is located except that if the entrance to the main building faces the street, the minimum front setback shall be 40-foot.

d.

Main buildings and structures on the site shall not be closer than 25-foot to any property line that is a common property line with "R" zoned property, except that accessory buildings and structures (no more than 640 square feet in area) shall maintain a side setback of ten-foot with five-foot added at ground level for each additional story over the first. Any detached single-family dwelling on such site shall conform to the setback requirements and required distance between buildings as required for the zoning district in which the dwelling is located.

e.

The required front setback for any on-site parking area shall be no less than that required for the zoning district in which the parking area is located.

f.

On interior lots, the required side setback area shall not be used to provide on-site parking areas, and on corner lots, the interior side setback shall not be similarly used. Under no circumstances may the required side setback on the street side be used for off-street parking.

g.

A solid decorative masonry wall of 42 inches in height or a landscaped berm, pursuant to Section 30-700, shall be provided between the parking area and the front setback, and the required side setback on the street side to screen the parking area from view.

h.

Limitations on lot coverage by buildings shall not apply.

i.

A solid wall not less than six feet in height shall be constructed and maintained on any property lines adjoining residential zoned property, provided such wall shall not extend into any required front setback.

j.

All lights provided to illuminate any parking area or building on the site shall be so arranged as to direct the light away from any adjoining premises.

k.

The use shall comply with the noise standards in Table 30-469.

The conditional use permit may impose restrictions upon the hours of operation to ensure the health and safety of the community and to ensure compatibility with the surrounding land uses for uses located outside activity areas.

(2)

Parolee homes.

a.

Any use that engages in the operation of a parolee home shall be subject to the approval of a conditional use permit. A new conditional use permit shall be required for the following actions:

1.

Commence operation of a parolee home.

2.

Existing parolee homes, unless it was lawfully established prior to the effective date of the ordinance.

3.

Any changes in operating conditions from what was originally imposed by the city, including, but not limited to, number of parolees or modifications to the conditions of approval.

4.

Any changes in the operating conditions of existing parolee homes lawfully established prior to the effective date of the ordinance.

5.

Sale, transfer, or new lease agreement of a parolee home to another individual, entity, etc.

6.

An existing parolee home discontinued for a consecutive period of 30 days is deemed abandoned and shall be required to obtain a new conditional use permit.

b.

Location requirements.

1.

In judging requests for parolee homes, particular attention will be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses), and ensuring that no adverse effects on the public health, safety, or welfare will be created by the proposed use.

2.

When a conditional use permit for a parolee home is requested, other than for a renewal or ownership transfer, it should be a minimum of 660 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, or other similar uses.

3.

When a conditional use permit for a parolee home is requested, other than for a renewal or ownership transfer, it should be a minimum of 1,320 feet away from an existing parolee home or other similar uses.

c.

In addition to any other conditions imposed by the Planning Commission pursuant to Article II Division 12, of this Code to safeguard the public health, safety, and welfare, a conditional use permit for a parolee home shall meet the following conditions:

1.

Each parolee home or "parolee home" unit is limited to a maximum number of six parolees with each bedroom not exceeding two parolees.

2.

Multi-family residential projects with less than 25 units shall be limited to one "parolee home" unit.

3.

Multi-family residential projects with 25 or more units shall be limited to two "parolee home" units.

City staff may prepare an annual status report on the parolee home for the planning commission's review and consideration.

5.

The property owner or a designated on-site manager must live on the site of the parolee home.

6.

The police department shall be provided a weekly update by the applicant of the parolees living at the parolee home.

Revocation. Pursuant to Section 30-155 of this Code, the Planning Commission may revoke a conditional use permit. The revocation hearing must be noticed at a public hearing as required in Article II, Division 4 of this Code and the Planning Commission must make the necessary findings to revoke the conditional use permit as set forth in Section 30-155 of this Code.

DIVISION 4. - DEVELOPMENT STANDARDS FOR PRIMARY STRUCTURES

Sec. 30-434. - Residential development standards in R-E, R-1, R-2, R-3, and R-PC.

Residential development standards are basic standards designed to create quality residential developments. The residential development standards indicated in Table No. 30-434, (residential development standards) and Table No. 30-437, (density bonus residential development standards) serve as the minimum standards controlling development.

See Section 30-444 for additional requirements pertaining to properties in the R-2 and R-3 zoning districts.

Table No. 30-434 Residential Development Standards
	R-E	R-1	R-2	R-2	R-3	R-PC
Maximum permitted number of dwelling units per adjusted gross acre	2.0	5.0	7.6 detached or up to 12.0 subject to minor PUD standards	5.1—12.0 attached or multi-family	12.0—24.0	3.0
Lot Dimensions, Lot Size, and Lot Coverage
Minimum width at required front setback	80-foot	60-foot	40-foot(a)	N/A	N/A	70-foot
Minimum width at front P/L	80-foot	60-foot	40-foot(a)	200-foot	200-foot	70-foot
Minimum fag lot frontage at front P/L	N/A	N/A	N/A	N/A	N/A	N/A
Minimum depth	150-foot	100-foot	75-foot(a)	300-foot	300-foot	100-foot
Minimum lot size (sq. ft.) (r)	21,780	6,000 with an average of 7,200	3,000(a)	5 acres	5 acres	10,000
Maximum lot coverage (as a percent of adjusted gross acreage of total site)	45%	45%	50%	50%	50%	45%
Single-Family Minimum Dwelling Unit Size
Minimum dwelling unit size (sq. ft.), one- story	2,000	1,200	1,200	Multi-family minimum dwelling sizes below	Multi-family minimum dwelling sizes below	2,000
Minimum dwelling unit size (sq. ft.), two- story (e)	2,000	1,200	1,200	Multi-family minimum dwelling sizes below	Multi-family minimum dwelling sizes below	2,000
Minimum dwelling unit size (sq. ft.) in-fll development, one- and two-story (e)	N/A	1,200	1,200	N/A	N/A	N/A
Multiple-Family Minimum Dwelling Size (Standard, Senior and Afordable Housing)
Studio	N/A	N/A	N/A	550 sq. ft.	550 sq. ft.	N/A
One bedroom	N/A	N/A	N/A	600 sq. ft.	600 sq. ft.	N/A
Two bedrooms	N/A	N/A	N/A	800 sq. ft.	800 sq. ft.	N/A
Three or more bedrooms	N/A	N/A	N/A	900 sq. ft.	900 sq. ft.	N/A

Maximum Building Heights
Single-family (d)	35-foot	35-foot	35-foot	N/A	N/A	35-foot
Multi-family/attached	N/A	N/A	N/A	35-foot	55-foot	N/A
Single-Family Setbacks Building to P/L
Front	30-foot	22-foot	18-foot	22-foot	25-foot	25-foot
Side, interior two story	15-foot	5-foot min./ 15-foot aggregate (e)	5-foot	5-foot	5-foot min./ 15-foot aggregate	5-foot min./ 20-foot aggregate
Side, interior single-story	15-foot	5-foot (e)	5-foot	5-foot	N/A	5-foot min./ 20-foot aggregate
Side, corner lot	15-foot	10-foot	10-foot	10-foot	10-foot	15-foot
Rear	30-foot	20-foot	15-foot	20-foot	20-foot	20-foot
Single-Family Patio and Enclosed Patio Setba	cks
Rear	15-foot	10-foot	6-foot	6-foot	10-foot	15-foot
Side	15-foot	See (3)	5-foot	5-foot
Single-Family One-Story Open Sided Patios o	f 200 Square Feet and L	ess. See Note (9)
Rear		3-foot	3-foot	3-foot
Side		3-foot	3-foot	3-foot
Single-Family Balcony Setbacks
Rear	15-foot	10-foot	6-foot	6-foot	10-foot	15-foot
Side	15-foot		5-foot	5-foot
Open space, common, as a percentage of adjusted gross acreage of project area, minimum	N/A	N/A	N/A	35%	35%	N/A
Open space, useable, (combined total of private and common open space), as a percentage of adjusted gross acreage of project area, minimum	N/A	N/A	N/A	40%	40%	N/A
Landscape requirements	See Article X	See Article X	See Article X	See Article X	See Article X	See Article X
Recreational facilities	N/A	N/A	See Section 30-451	See Section 30-451	See Section 30-451	N/A
Amenities	N/A	N/A	See Section 30-344	See Section 30-344	See Section 30-344	N/A
Multi-Family Parking Setbacks to P/L
Major or primary	N/A	N/A	N/A	25-foot	25-foot	N/A
Secondary or collector	N/A	N/A	N/A	20-foot	20-foot	N/A
Local	N/A	N/A	N/A	15-foot	15-foot	N/A
Multi-Family Open Space Requirements
Open space, private ground/upper foor (sq. ft.), minimum	N/A	N/A	N/A	150/100	150/100	N/A

N/A = Not Applicable.

Notes:

(a)

Developments with detached units utilizing a condominium map for subdivision shall not be subject the minimum lot size, dimensions and interior property line setbacks.

(b)

Additional standards pertaining to development in the R-2 and R-3 zoning districts:

(1)

Minimum width of cul-de-sac lots and " knuckles" shall be 42 linear feet as measured at the property line. The Planning Commission may reduce this minimum requirement provided the applicant submits the tentative tract map and design review concurrently along with a plotting exhibit (showing the

footprint and driveway of each dwelling unit located on a cul-de-sac or knuckle) demonstrating parking compliance to the satisfaction of the Director of Planning.

(2)

For single-family residential lots, the Planning Commission may vary the minimum lot width or depth by ten percent for particular lots, due to unique or special circumstances, and/or parcel of unusual configuration. For lots located on a cul-de-sac or knuckle, the lot depth can be calculated by averaging both side property lines provided the average is not less than the specified lot depth for that zoning district.

(3)

Side setbacks for patios in the R-1, R-2 and R-PC shall be consistent (equal to or greater) with the side setback for any existing dwelling unit.

(4)

Each dwelling unit built within any residential zoning district shall provide a minimum one-half bath ("powder room"), consisting of at least a water closet (toilet) and sink, on the first or ground floor when such first or ground floor contains habitable living space.

(5)

In hillside areas, structure heights shall be limited to 25 feet as specified in Section 30-630 (hillside overlay).

(6)

For lots located on a cul-de-sac or knuckle, the rear setback can be calculated by averaging both rear corners of dwelling provided the average is not less than the specified setback for that zoning district.

(7)

Where any door (excluding a service door to an attached garage) opens onto a side setback area from habitable living space, that side setback area shall be increased to ten feet.

(8)

Any garage which fronts on, or opens onto, a street shall be setback at least 22 feet.

(9)

For one-story open sided detached patio covers of 200 square feet or less in R-1, R-2, and R-PC, the setback shall be no less than three feet to the rear property line and no less than three feet to the interior side property line.

(10)

For allowed projections into required setback area, see Section 30-441, projections into setbacks.

(11)

For setbacks pertaining to accessory buildings and structures see Section 30-461 (accessory buildings and structures).

(12)

The habitable living space of a building may be allowed to encroach into the required front setback in compliance with the plotting and design criteria; in no case, however, shall the garage portion of a building encroach into the required front setback, except as provided for by [subsection (13)].

(13)

Side-on garages may be allowed to encroach into the required front setback up to a maximum of six feet.

(14)

For the purposes of this section, subterranean or partial subterranean parking shall not be considered a floor/story for the purpose of determining building setbacks.

(15)

"Alternative" minimum standards may be established with an approved conditional use permit pursuant to Article II, Division 24, (planned unit development regulations).

(16)

For existing legal lots smaller than this minimum see Section 30-414 (lot size conformance).

(17)

Corner lots shall have a width of not less than 65 feet (see Section 26-180(1), area and width of lots).

(18)

The 15-foot aggregate pertains to new single-family residential development only.

(19)

All setbacks shall be measured from the main structure, not the overhang.

(20)

Two-story multi-family units shall be required to provide a minimum of 100 square feet of private open space, either on the first or second floor. Multi-family units located above the ground floor shall be required to provide a minimum of 75 square feet.

(21)

Existing legal lots of record located in any residential zoning district may be developed pursuant to the required development standards identified in the applicable zoning district.

(Ord. No. 1823, § 8(Exh. A), 2-25-20; Ord. No. 1898, § 10, 7-26-22; Ord. No. 1936, § 4(Exh. A), 12-12-23)

Sec. 30-434.1. - Two-unit projects.

(a)

Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code § 65852.21.

(b)

Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

(c)

Application.

(1)

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code § 402.1 (a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code § 214.15).

(2)

An application for a two-unit project must be submitted on the City's approved form.

(3)

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

(4)

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

(5)

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

(d)

Approval.

(1)

An application for a two-unit project is approved or denied ministerially, by the Planning Director, without discretionary review.

(2)

The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

(3)

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(e)

Requirements. A two-unit project must satisfy each of the following requirements:

(1)

Map Act compliance. The lot must have been legally subdivided.

(2)

Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

(3)

Lot location.

a.

The lot is not located on a site that is any of the following:

1.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2.

A wetland.

3.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4.

A hazardous waste site that has not been cleared for residential use.

5.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6.

Within a 100-year flood hazard area, unless the site has either:

i.

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7.

Within a regulatory floodway unless all development on the site has received a no-rise certification.

8.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9.

Habitat for protected species.

Land under conservation easement.

b.

The purpose of subpart (e)(3)a above is merely to summarize the requirements of Government Code § 65913.4(a)(6)(B)—(K). (See Government Code § 66411.7(a)(3)(C).)

(4)

Not historic. The lot must not be a historic property or within a historic district that is included on the state historic resources inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

(5)

No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income.

b.

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

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three years.

(6)

Unit standards.

Quantity.

1.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an ADU, or a JADU.

2.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the City's ADU ordinance.

b.

Unit size.

1.

The total floor area of each primary dwelling built that is developed under this section must be:

Less than or equal to 800 square feet and

ii.

More than 500 square feet.

2.

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

Height restrictions.

1.

On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

2.

On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

3.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d.

Demo cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e.

Lot coverage. [Include a lot coverage standard here if desired.] This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

f.

Open space. [Include an open space standard here if desired.] This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

g.

Setbacks.

1.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

2.

Exceptions. Notwithstanding subpart (e)(6)g above:

i.

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii.

Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

3.

Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must conform to the front yard setback imposed by the underlying zoning. The front setback area must:

i.

Be kept free from all structures greater than three feet high;

ii.

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

iii.

Allow for vehicular and fire-safety access to the front structure.

h.

Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

The lot is located within one-half mile walking distance of either:

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

ii.

A site that contains:

(A)

An existing rail or bus rapid transit station,

(B)

A ferry terminal served by either a bus or rail transit service, or

(C)

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

2.

The site is located within one block of a car-share vehicle location.

Architecture.

1.

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2.

If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

3.

[OPTIONAL: Provide a custom set of objective standards to define an architectural style, or styles, that the City deems to be appropriate and is willing to allow.]

4.

All exterior lighting must be limited to down-lights.

5.

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

6.

If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.

2.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

3.

All landscaping must be drought-tolerant.

k.

Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

Utilities.

1.

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

2.

Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

m.

Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.

(7)

Fire-hazard mitigation measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

a.

It must have direct access to a public right-of-way with a paved street and the ability to withstand 75,000 pounds of vehicle weight, with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c.

All enclosed structures on the site must have fire sprinklers.

d.

All sides of all dwellings on the site must be within a 150-foot hose pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

e.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

(8)

Separate conveyance.

a.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted within the lot.

c.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

(9)

Regulation of uses.

a.

Residential-only. No non-residential use is permitted on the lot.

b.

No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

c.

Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

(10)

Notice of construction.

a.

At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1.

Notice that construction has been authorized,

2.

The anticipated start and end dates for construction,

3.

The hours of construction,

4.

Contact information for the project manager (for construction-related complaints), and

5.

Contact information for the building and safety department.

b.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(11)

Deed restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

Expressly prohibits any non-residential use of the lot.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

(f)

Specific adverse impacts.

(1)

Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Government Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code § 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(g)

Remedies. If a two-unit project violates any part of this Code or any other legal requirement:

(1)

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

(2)

The City may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.