Sec. 30-458. - Mobile home parks.

It is the purpose of this section to provide regulations for the location, design and improvements of mobile home parks that equal or exceed all applicable state laws.

(1)

Compliance to standards. Any person desiring to enlarge or establish a mobile home park shall meet or exceed the design standards set forth in this section.

(2)

Minimum areas. Mobile home parks shall be developed on a parcel of land at least ten adjusted gross acres in area.

(3)

Lot areas. Each mobile home space shall contain a minimum area to accommodate either double wide or triple wide mobile homes.

(4)

Clearances. Mobile homes shall be located so they are at least ten feet apart from side to side, eight feet apart from side to rear, six feet apart from rear to rear, and ten feet from any building.

(5)

Minimum side and rear lot clearances. There shall be minimum side lot clearances totaling ten feet in width; provided, however, that no mobile home shall be closer than three feet to any side or rear lot line. Where lots abut side or rear setbacks as defined in subsection 88.0315(j), said setback areas may be included as part of this requirement.

(6)

Occupied area. The occupied area of each mobile home space shall not exceed 75 percent of the total area of such mobile home lot. The area shall be deemed to be occupied when covered or occupied by a trailer coach, cabana, vehicle, ramada, awning, closet, cupboard or any other structures.

(7)

Setbacks. The following setbacks shall be maintained on each mobile home park:

a.

Front setback of at least 25 feet in depth, along the public street upon which the mobile home park fronts. This setback shall extend across the entire width of the park.

b.

Side setbacks of not less than ten feet in width along each side boundary line of the mobile home park.

c.

A rear setback of not less than ten feet in depth along the rear boundary line of the mobile home park.

d.

Setbacks may be required where, in the opinion of the approval body, such setbacks are necessary due to topographic conditions, grading, drainage or protection of adjacent property.

e.

No part of any mobile home shall be located within any required setback area.

(8)

Roads within mobile home parks. Roads within mobile home parks shall be designed to provide reasonable and convenient traffic circulation and shall meet the following standards:

a.

No road shall be less than 34 feet in width if car parking is permitted on one side of the road and not less than 42 feet in width if car parking is permitted on both sides.

b.

Road widths to provide for parking on one side shall be deemed necessary when lots abut the road on one side only. Road widths to provide for parking on both sides shall be deemed necessary when lots abut the road on both sides.

c.

The entire width of the roads within mobile home parks shall be surfaced with a minimum of two-inch thick asphalt, concrete, plant mix or other approved material.

(9)

Parking. There shall be provided two parking spaces on each lot. There shall also be established and maintained within each mobile home park automobile parking area for use of guests. The number of such spaces shall be equal to one for every ten mobile home spaces for fraction thereof within the mobile home park.

(10)

Walkways. Walkways shall be provided to permit reasonably direct access to all lots, service buildings and other areas or buildings used by occupants of the trailers. Collector walkways serving utility buildings, playgrounds and other general areas shall be four feet in width or more and individual entrance walks to each mobile homes site shall be at least two feet in width. All walkways shall be constructed of asphalt, concrete, plant mix or other approved materials that will permit all-weather pedestrian movement.

(11)

Enclosures of mobile home park. A wall of decorative masonry six feet in height shall be erected and maintained along each side and rear boundary of a mobile home park.

(12)

Vehicle storage. Common storage areas shall be provided with an enclosed fenced area for the residents of the mobile home park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall total not less than 50 square feet for each mobile home lot. All storage on a mobile home lot shall be in accordance with the provisions of the California Administrative Code, title 25.

(13)

Modifications in design. Where mobile home parks are submitted for approval which, although not complying with the requirements of design as stated herein, is consistent with the general intent and purpose of this chapter, the Planning Commission may approve such parks and conditions and restrictions which ensure that the general purposes are satisfied. Park designs utilizing duplex or cell-type groupings of mobile home lots or other modified designs may be approved under the provisions of this section.

(14)

Recreational facilities.

a.

Each mobile home park shall have an outdoor recreational facility that contains one or more of the following elements: swimming pool, spa, playground, basketball courts, and tennis courts.

b.

In addition to these outdoor recreational areas all mobile home parks shall have an enclosed recreation/activity room.

Sec. 30-459. - Senior housing.

(a)

Senior housing shall be permitted in any residential and commercial zoning district subject to review and approval of a conditional use permit. Design standards and density shall be compliant with the general plan and reviewed by the Planning Commission during the review of the conditional use permit and design review.

(1)

For tenants, residents, or occupants who are married to each other, either spouse shall be 55 years of age or older or 100 percent disabled.

(2)

For individuals who are not married, each individual shall be 55 years of age or older or 100 percent disabled.

(3)

Land uses in the immediate and surrounding area, current and projected, must be compatible with the living environment required by senior citizens and must be free of health, safety, or noise problems (i.e., area generally quiet).

(4)

Area infrastructure must be in place or constructed as part of the project and capable of serving the proposed project including:

a.

Streets.

b.

Sidewalks.

c.

Traffic/pedestrian signals.

(5)

Proposed site topography must be fairly level and easily traversed by persons of limited mobility.

(6)

Senior complexes with 60 or more units shall provide daily shuttle transportation commercial/medical centers.

(7)

Proposed site must demonstrate proximity to commercial establishments, service providers, and other amenities including:

a.

Food shopping.

b.

Drug stores.

c.

Banks.

d.

Medical and dental facilities.

e.

Public transit (main or frequently served routes).

f.

Open space/recreational facilities.

g.

Van transportation available to seniors on a daily basis.

(8)

Development incentives granted by the City to a developer constructing senior housing are predicated upon the long-term availability and affordability of the units for the target population previously defined. In order to ensure that the units remain available and affordable to this group, the developer will be required to enter into a development agreement with the City per Government Code §§ 65864 through 65869.5.

(b)

Recreational facilities.

(1)

The developer shall provide recreational facilities in conjunction with common open space as a minimum requirement for all senior housing complexes. The recreational facilities shall be conveniently located throughout the site.

(2)

Related recreational activities may be grouped together and located at any one area of the common open space. Where multiple recreational facilities are provided such facilities shall be required to be dispersed throughout the site. Developments consisting of 50 units or fewer shall provide three of the following recreational facilities from the list below or equivalent, as approved by the Planning Commission:

a.

Barbecue facility equipped with grill, one picnic area and trellis.

b.

Large open lawn area, minimum dimensions shall be 20-foot by 50-foot.

c.

Spa and/or pool.

d.

Age appropriate court facility.

e.

Fitness room.

f.

Community garden.

g.

Game room/entertainment lounge.

h.

Library.

i.

Walking path through the complex with rest areas, etc.

(3)

Development consisting of 50 units to 79 units shall provide a minimum of four recreational facilities. Developments shall provide these two amenities or equivalent, as approved by the Planning Commission and two others from list (b)(2) above.

a.

Barbecue facility equipped with grill, two picnic areas.

b.

Large open lawn area, minimum dimensions shall be 20-foot by 50-foot.

(4)

Development consisting of 80 units to 200 units shall provide a minimum of five recreational facilities. Developments shall provide these three amenities or equivalent, as approved by the Planning Commission and two others from list (b)(2) above.

a.

Indoor gym/fitness facility (minimum 500 square feet).

b.

Large open lawn area, minimum dimensions shall be 50-foot by 100-foot.

c.

Barbecue facilities equipped with multiple grills, picnic benches, and shade structures.

(5)

Development consisting of 201 units to 400 units shall provide all recreational facilities listed below or equivalent, as approved by the Planning Commission:

a.

Indoor gym/fitness facility (minimum 500 square feet).

b.

Community garden and open lawn area, minimum dimensions shall be 50-foot by 100-foot.

c.

Barbecue facilities equipped with multiple grills, picnic benches, and shade structures. The barbecue facilities shall be conveniently located throughout the site.

d.

Court facilities (e.g. tennis, shuffle board, etc.).

e.

Spa and/or pool (min 25 yards by 15 yards).

f.

Jogging/walking trails with exercise stations.

g.

Community multi-purpose room equipped with kitchen, defined areas for games, exercises, etc.

(Ord. No. 1830, § 8(Exh. A), 6-9-20)

Sec. 30-460. - Manufactured homes.

Manufactured homes may be located on individual lots in all residentially zoned property lots and shall comply with all development standards of the zoning district in which it is located. In addition, the manufactured home shall be subject to the following requirements:

(1)

Shall be on a permanent foundation.

(2)

Shall have a two-car enclosed garage.

(3)

Shall have a roof overhang not to exceed 16 inches.

(4)

Shall be fire sprinklered.

(5)

Shall be architecturally compatible or superior to the existing homes in the surrounding neighborhood.

DIVISION 5. - ADDITIONS, ACCESSORY STRUCTURES AND FEATURES

Sec. 30-461. - Accessory buildings, structures, and sheds.

All accessory buildings, structures and sheds, with the exception of pools, spas and hot tubs (see Section 30-467 for applicable regulations), are subject to the following requirements.

(1)

Private garages and carports, attached.

a.

On lots of less than one net acre, the total area is not to exceed 1,000 square feet or 25 percent of the living area of the principal residence, whichever is greater.

b.

On lots of one net acre or larger but less than two acres, the area shall not exceed 1,500 square feet or 25 percent of the living area of the principal residence, whichever is greater.

c.

On lots of two acres or larger, the area shall not exceed 2,000 square feet or 25 percent of the living area of the principal residence, whichever is greater.

(2)

Detached carports, storage buildings, workshops, hobby shops, recreation rooms, ground mounted solar panels, and other similar uses.

a.

On lots of less than one net acres, the combined area of all such structures shall not exceed 1,000 square feet or 25 percent of the living area of the principal residence, however, whichever is greater.

b.

On lots of one net acre or larger but less than two net acres, the combined area shall not exceed 1,500 square feet or 25 percent of the living area of the principal residence, whichever is greater.

c.

On lots of two net acres or larger, the combined area shall not exceed 2,000 square feet or 25 percent of the living area of the principal residence, whichever is greater.

d.

Detached garages are not included in the accessory structure square footage but are subject to overall lot coverage percentage. Lot coverages not specifically identified in zoning districts shall have a maximum lot coverage of 50 percent.

(3)

Accessory buildings or structures shall be architecturally compatible with or superior to the primary dwelling unit; metal and aluminum sided and roofed buildings are prohibited.

(4)

The following setbacks shall be maintained:

a.

Reversed corner lot. On reverse corner lots, accessory buildings and structures shall not extend beyond the required front setback of the abutting key lot and shall maintain a distance of five-foot from the side property line of the abutting key lot.

b.

Two-story buildings. Two-story accessory buildings are not permitted within any part of a required rear setback. The following setbacks shall be maintained:

c.

Distance from alley centerline. All accessory buildings and structures shall be located a minimum distance of 20-foot from the centerline of an alley.

d.

Distance from primary structure. All accessory buildings shall be located a minimum distance of six feet from the primary structure. If the two structures are connected by a breezeway, the minimum distance shall also be six feet.

(5)

Sheds.

a.

Location. All sheds shall be permitted, provided that:

1.

The shed does not exceed eight feet in height.

2.

The size of the shed does not exceed 120 square feet in floor area.

3.

There shall be no more than one shed for each 7,200 square feet of lot area.

4.

Architectural compatibility with the primary structure is encouraged; metal, aluminum and vinyl sheds are permitted provided the regulations of this section are met.

5.

The following setbacks shall be maintained:

b.

Corner lot. On corner lots, sheds shall not be visible from the public right-of-way.

(6)

Temporary shade awnings and easy-ups. Temporary shade awnings and easy-ups are prohibited within the setback area between the front or side of a dwelling or garage and any public right-of-way.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

Sec. 30-462. - Additions/existing single-family zoning districts.

(a)

Single-story additions. Single-story additions, including screened and/or enclosed patio structures, may be permitted on the lot in accordance with all development standards.

(1)

Side and rear setbacks for additions shall be equal to or greater than the existing side setback of the main structure.

(2)

The architecture of the proposed addition shall be compatible in design with the main structure. The roofing shall be of the same style and material as the main structure, with the exception of open and enclosed patio covers.

(b)

Two-story additions. Two-story additions in single-family zoning districts. All plans for second-story additions shall be reviewed for approval by the Community Development Department. Approval by the City shall be based on the following findings. Wherein any of these findings cannot be made the addition will be denied.

(1)

All zoning requirements of the single-family zone are complied with; however, side setbacks for additions shall be equal to or greater than the existing side setback of the main structure.

(2)

The architectural style and materials of the addition is compatible with the existing dwelling unit.

(3)

All of the following privacy provisions are complied with:

a.

Windows on second story additions shall be situated so that they are not directly opposite those windows of adjacent residential dwelling units.

b.

Window locations shall take into account adjacent properties, recreation areas and amenities (pools, spas, etc.).

c.

Where conflicts between proposed window locations occur, visual intrusion mitigation measure(s) shall be provided, such as, the use of high windows, wing walls, view obscuring window treatment, window alignment, etc.

Sec. 30-463. - Antenna, radio, television, satellite dishes, and wireless telecommunications.

Refer to Chapter 32 of the Municipal Code.

Sec. 30-464. - Hedges, walls, and fences.

The following provisions regarding hedges, walls and fences shall apply to all projects:

(1)

Type of walls and fences allowed within all zoning districts is as follows:

a.

Block walls. Block walls (or equal) or solid concrete wall that is architecturally compatible with the primary building.

1.

Block walls that are seen by the public shall be constructed of a decorative type block (or equal) or stuccoed and painted to match the color of the primary building. There walls shall be constructed with a decorative prefabricated block cap.

2.

Block walls not seen by the public may be constructed of basic concrete masonry units (CMU) block (or equal). There walls may be constructed with a rounded mortar/concrete cap.

3.

Lots with a depth of over 150 feet will not be required to construct interior walls past this depth. Six-foot high fencing shall be used to secure the remaining portion of the property.

4.

All new perimeter walls with a length of 100 feet or more, shall have decorative pilasters every 50 feet.

b.

Tubular steel/wrought iron.

c.

Vinyl.

d.

Wood. Wood fences shall only be constructed when replacing an existing/approved wood fence.

(2)

Front setback. Hedges, walls, and fences of solid construction (including vinyl), located in the required front setback along either the front or side property line, shall not exceed three and one-half feet in height and shall be of a decorative material. The following also apply:

a.

Wrought iron and/or tubular steel decorative fencing, with or without solid pilasters, at a maximum height of five feet measured at the adjacent sidewalk elevation, may be permitted if the following criteria are met:

1.

Pilasters, if used, shall be spaced a minimum of ten feet on center with a maximum width of 18 inches.

2.

Prior to installation, the applicant and/or owner of the property shall verify in writing that the fencing meets the sight distance required for safe ingress and egress from the property and shall be in compliance with all applicable standards of this chapter.

3.

Fencing for new multi-family developments shall be placed behind the landscape setback.

b.

Wrought iron and/or tubular steel fencing with pilasters, in combination with a solid, decorative masonry wall "filler," with a maximum height of five feet measured at the side-walk elevation to the highest point of the fence, including any decorative fixture or treatment, may be permitted if the following criteria are met:

1.

The block wall "filler" shall not exceed three and one-half feet in height measured at the adjacent sidewalk elevation.

Prior to installation, the applicant and/or owner of the property shall verify in writing that the fencing meets the sight distance required for safe ingress and egress from the property and shall be in compliance with all applicable standards of this chapter.

3.

Vinyl fencing, open or privacy, shall not exceed three and one-half feet (42 inches) as measured from the adjacent sidewalk.

4.

The height limits noted within this section shall not apply to hedges, trees, or other landscaping located along any interior property line, within the area between the front of the home on either property and the public right-of-way, and which landscaping is no closer than 20 feet from any driveway and which does not constitute a visibility hazard as determined by the Director of Community Development on a case-by-case basis.

(3)

Side and rear setbacks. Side and rear hedges, walls, and fences (including vinyl), located in required side or rear setbacks shall not exceed six feet in height. The following exceptions apply:

a.

No fence, hedge or wall may exceed a height of 30 inches if located within the corner cutoff of a property. On corner or reversed corner lots there shall be no visual obstruction at the intersection caused by fences, hedges, shrubs, trees, walls, etc., create a visual obstruction for traffic and/or pedestrian, within an area defined by a corner cutoff line between two points each measured 30 feet horizontally from the point of intersection of the property lines at the street corner.

b.

The maximum height of six feet can be increased to a maximum of eight feet in height when adjacent properties differ in elevation or other special circumstances exist as determined by the Director of Community Development. Such increase in height shall not interfere with site distance and/or create a visual obstruction for traffic and/or pedestrian and shall be in compliance with all applicable standards of this chapter.

c.

When a retaining wall is necessary to attain proper site drainage to a public right-of-way, combined retaining walls and hedge(s), wall(s) or fence(s) shall be permitted, however, no combination of retaining wall and hedges, walls, or fences shall exceed a combined total height of nine feet as measured from the exterior, future adjoining grade. Combined retaining and hedge(s), walls(s) or fence(s) shall not be permitted to exceed six feet in height along the street side setback of a reverse corner lot. These height limitations may be exceeded with the approval of an administrative variance.

d.

The height limits noted within this section shall not apply to hedges, trees, or other landscaping located along any interior property line and which landscaping is no closer than 20 feet from any driveway and which does not constitute a visibility hazard as determined by the Director of Community Development on a case-by-case basis.

(4)

All new single-family construction, regardless of the number of units, shall construct solid masonry walls or equivalent of a minimum of six feet in height as measured from the finished grade. The walls shall be required at all interior, rear, and side property lines. Additionally, all perimeter walls visible from the public right-of-way or adjacent to an easement, letter lots, commercial projects or industrial projects of the project shall, be between six-foot to eight-foot constructed with a decorative type wall such as splitface block, slumpstone, or stucco subject to review and approval by the appropriate approving body.

(5)

Lots with a depth of over 150 feet will not be required to construct interior walls past this depth. Six-foot high vinyl fencing may be used to secure the remaining side and rear lot.

(6)

All new perimeter walls with a length of 100 feet or more, shall have decorative pilasters every 50 feet.

(7)

Temporary fencing.

a.

Vacant land. An open chain link type fence limited to eight feet in height may be located around the perimeter of a vacant parcel of land (at property line) until such time as the subject parcel is developed.

b.

Abandoned buildings. An open chain link type fence limited to eight feet in height may be located around a parcel of land (at property line) that contains an abandoned building(s) until such time as the subject parcel is developed.

(8)

Gates.

a.

Manual or automatically opening gates across a driveway and located within the required front setback area shall not exceed the maximum height as referenced in Section 30-464. Where gates are provided, said gates shall be installed and maintained in working order at all times. At no time shall said gate(s) open into the public right-of-way.

b.

Side gates shall be constructed of wrought iron/tubular steel.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

Sec. 30-465. - Garages—private.

The following shall apply to all projects:

(1)

Detached garages. Detached garages shall conform to the development standards established for detached accessory structures in Section 30-465.

(2)

Attached garages.

a.

Standard lot. Attached garages on standard lots shall conform to the development standards established for primary structures in Table 30-434. (residential development standards) and Table No. 30-437 (density bonus residential development standards).

b.

Corner lot. Attached garages located on corner lots may extend into the required rear setback area provided the garage is set back a minimum of five feet from the rear property line. Side and front setback setbacks shall be as established in Table No. 30-434 and Table No. 30-437 for primary structures.

c.

Reversed corner lot. Attached garages on reversed corner lots may extend into the required rear setback area provided the garage is set back a minimum of five feet from the rear property line and further provided that the garage does not project beyond the front setback of the abutting key lot.

Sec. 30-466. - Swimming pools, spas and hot tubs.

(a)

Applicability. The provisions of this section apply to all new construction of swimming pools, spas, hot tubs or any body of water in excess of 18 inches in depth, on land within the City by any person in possession of such land, either as owner, purchaser under contract or lessee.

(b)

Location.

(1)

Swimming pools, spas and hot tubs shall not be placed within the setback area between the front of a home and any public right-of-way unless completely screened from view from that public right-of-way, and such screening shall be in compliance with the pool barrier requirements of this Code section. Further, no swimming pool, slide, water fall, spa or hot tub shall be located within the ten-foot street side setback area, or within five feet of an interior or rear property line, except when the lot is less than 5,000 square feet in area, a swimming pool, spa or hot tub may be located a minimum of five feet from the street side property line and a minimum of three feet of an interior or rear property line.

(2)

Pool equipment setbacks shall be as follows:

Side: Three feet of clear space is to be maintained between the fence and the equipment and provided the equipment can be installed with sound attenuation device(s) subject to approval of the Community Development Director. No setback if the property has a block wall. Front: Not permitted

(3)

Pool equipment may be placed adjacent to exterior air conditioning equipment, provided the pool equipment is not located adjacent to or below a firststory bedroom window of the home.

(4)

Swimming pools shall not be placed in such a manner that required swimming pool barrier fencing cannot be properly installed to meet the provisions as noted within this section and in conformance to the City's latest adopted Pool Fencing Ordinance.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

Sec. 30-467. - Accessory dwelling units and junior accessory dwelling units.

(a)

Purpose; application.

(1)

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

(2)

Application. This section applies to all ADUs and JADUs for which a complete application is submitted on or after January 1, 2025. If a complete ADU or JADU application is submitted prior to that date, the applicant may elect in writing to proceed under the City's ADU regulations that were in effect at submittal; otherwise, this section governs. For purposes of this paragraph, a complete application includes an application that is deemed complete under state law.

(b)

Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

(1)

Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.

(2)

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

(3)

Considered in the application of any local ordinance, policy, or program to limit residential growth.

(4)

Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.

(c)

Definitions. As used in this section, terms are defined as follows:

(1)

Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a.

An efficiency unit, as defined by California Health and Safety Code § 17958.1; and

b.

A manufactured home, as defined by California Health and Safety Code § 18007.

(2)

Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

(3)

Reserved.

(4)

Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily or multifamily dwelling is or will be situated.

(5)

Efficiency kitchen means a kitchen that includes all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

(6)

Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:

a.

It is no more than 500 square feet of interior livable space in size.

b.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

c.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

d.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

e.

It includes an efficiency kitchen, as defined in subsection (c)(5) above.

(7)

Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(8)

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(9)

Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

(10)

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

(11)

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(12)

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.

(13)

Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(d)

Approvals. The following approvals apply to ADUs and JADUs under this section:

(1)

Ministerial ADU and building permits required. Every ADU and JADU requires and ADU permit and a building permit. The City will review and approve permit applications in accordance with subsection (d)(3) below.

(2)

Processing fee. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Director of Planning and approved by the City Council by resolution.

(3)

Process and timing.

a.

No discretion or hearing. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

b.

Completeness.

Determination in 15 days. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the City receives the application submittal.

2.

Incomplete items. If the City's determination under subsection (d)(3)(b)(1) above is that the application is incomplete, the City's notice must list the incomplete items and describe how the application can be made complete.

3.

Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.

4.

Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the City will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice. The City may not require the application to include an item that was not included in the original notice.

5.

Deemed complete. If the City does not make a timely determination as required by this subsection, the application or resubmitted application is deemed complete for the purposes of subsection (d)(3)(c) below.

6.

Appeal of incompleteness. An applicant may appeal the City's determination that the application is incomplete by submitting a written appeal to the City Clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

c.

Deadline to approve or deny ministerial approvals. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

1.

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

d.

Denial. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(c) above.

e.

Appeal of denial. An applicant may appeal the City's denial of the application by submitting a written appeal to the City Clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

f.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(e)

(1)

Class 1: Statutorily regulated. Class 1 ADUs and JADUs are approved under Government Code § 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(1). An ADU and JADU approved under subsection (e)(1)(a) may be combined with an ADU approved under subsection (e)(1)(b), and ADUs approved under subsection (e)(1)(c) may be combined with ADUs approved under subsection (e)(1)(d).

a.

Converted on lot with single-family. One ADU as described in this subsection (e)(1)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

1.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

2.

Has exterior access that is independent of that for the single-family dwelling; and

3.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

4.

The JADU complies with the requirements of Government Code §§ 66333 through 66339.

b.

Limited detached on lot with single-family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

1.

The side- and rear-yard setbacks are at least four feet.

2.

The total floor area is 800 square feet of livable space or smaller.

3.

The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.

c.

Converted on lot with multifamily. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (e)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

d.

Limited detached on lot with multifamily. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

1.

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

2.

The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.

3.

If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

(2)

Class 2: Locally regulated. Class 2 ADUs are approved under Government Code §§ 66314 through 66322. Except for Class 1 ADUs approved under subsection (e)(1) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below.

(f)

General requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:

(1)

Zoning.

a.

A Class 1 ADU approved under subsection (e)(1) may be created on a lot in a residential or mixed-use zone.

b.

A Class 2 ADU approved under subsection (e)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.

c.

In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single-family residences.

(2)

Height.

a.

Except as otherwise provided by subsections (f)(2)(b) and (f)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit may not exceed 16 feet in height.

b.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.

d.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (f)(2)(d) may not exceed two stories.

e.

For purposes of this subsection (f)(2), height is measured from existing legal grade to the peak of the structure.

(3)

Fire sprinklers.

a.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

b.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(4)

Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

(5)

No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

(6)

Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

(7)

Owner occupancy.

a.

ADUs. ADUs created under this section on or after January 1, 2020, are not subject to an owner occupancy requirement.

b.

JADUs. As required by state law, JADUs are subject to an owner-occupancy requirement when sanitation facilities are shared with the primary dwelling on the site. JADUs with independent sanitation facilities are not subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property. In either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (f)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

(8)

Deed restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the planning department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

a.

Except as otherwise provided in Government Code § 66341, the JADU may not be sold separately from the primary dwelling.

b.

The JADU is restricted to the approved size and to other attributes allowed by this section.

c.

The deed restriction runs with the land and may be enforced against future property owners.

d.

The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

e.

The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

(9)

Reserved.

(10)

Building and safety.

a.

Must comply with building code. Subject to subsection (f)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements.

b.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or code compliance department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (f)(10)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

(11)

Certificate of occupancy timing.

a.

Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

b.

Limited exception for state-declared emergencies. Notwithstanding subsection (f)(10)(a) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

1.

The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

2.

The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.

3.

The ADU has been issued construction permits and has passed all required inspections.

4.

The ADU is not attached to the primary dwelling.

(g)

Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.

(1)

Maximum size.

a.

The maximum size of a detached or attached ADU subject to this subsection is 1,200 square feet.

b.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c.

Application of other development standards in this subsection, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (g)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be

less than 800 square feet.

(2)

Setbacks.

a.

An ADU that is subject to this subsection must conform to an 18-foot front-yard setback, subject to subsection (g)(1)(c) above.

b.

An ADU that is subject to this subsection must conform to four-foot side- and rear-yard setbacks.

c.

No setback is required for an ADU that is subject to this subsection if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.

(3)

Lot coverage. No ADU subject to this subsection may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (g)(1)(c) above.

(4)

Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.

(5)

Parking.

a.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.

b.

Exceptions. No parking under subsection (g)(4)(a) is required in the following situations:

1.

The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.

2.

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

3.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(a) above.

4.

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

5.

When there is an established car share vehicle stop located within one block of the ADU.

6.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(4)(b)(1) through (5) above.

c.

No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

(6)

Architectural requirements.

a.

The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

b.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

d.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

f.

Windows and doors of the ADU may not 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.

g.

All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line 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.

(7)

Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

(8)

Allowed stories. No ADU subject to this subsection may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (f)(2)(d) of this section.

(h)

Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.

(1)

Impact fees.

a.

No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (h)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b.

Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

(2)

Utility fees.

a.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b.

Except as described in subsection (h)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

c.

Except as described in subsection (h)(2)(a), all ADUs that are not covered by subsection (h)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider.

1.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2.

The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

(i)

Nonconforming zoning code conditions, building code violations, and unpermitted structures.

(1)

Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

(2)

Unpermitted ADUs and JADUs constructed before 2020.

a.

Permit to legalize. As required by state law, the City may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

1.

The ADU or JADU violates applicable building standards, or

2.

The ADU or JADU does not comply with the state ADU or JADU law or this ADU ordinance (Section 30-467).

b.

Exceptions.

1.

Notwithstanding subsection (i)(2)(a) above, the City may deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in Health and Safety Code § 17920.3.

2.

Subsection (i)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

(Ord. No. 1830, § 8(Exh. A), 6-9-20; Ord. No. 1910, § 3(Exh. A), 12-13-22; Ord. No. 1951, § 4(Exh. A), 5-28-24; Ord. No. 1959, § 3(Exh. A), 12-12-24; Ord. No. 1966, § 4(Exh. A), 4-22-25; Ord. No. 1976, § 4(Exh. A), 12-9-25; Ord. No. 1983, § 4(Exh. A), 2-24-26)

DIVISION 6. - PERFORMANCE STANDARDS

Sec. 30-468. - Purpose.

This section establishes standards for conducting activities in residential zoning districts. The standards are designed to protect residents from annoying or potentially harmful environmental conditions.

Sec. 30-469. - Noise.

No use shall create or cause to be created any sound that exceeds the ambient noise standards outlined in Table 30-469.

No use shall create or cause creation of noise from a portable electronic device such as a car stereo, portable radio and/or cassette/compact disc player or similar device which exceeds the ambient noise standards outlined in Table 30-469.

Table 30-469 Noise Standards