Chapter 15.17 — RESIDENTIAL ZONE CLASSIFICATIONS

This chapter establishes the city’s residential zones, including permitted uses and physical development standards. (Ord. 2982, passed - -2001)

The following residential zones are established.

(A) R-1 (Single-Family Residential) is designed for neighborhoods of single-family type residences on individual lots. Minimum lot sizes within the R-1 Zone are further described in § 15.08.050 and as they appear on the zoning map.

(B) R-1P (Single-Family Residential Preservation) is designed for mature single-family neighborhoods where the existing housing and environment is a valuable asset to the city and should be preserved.

(C) R-2 (Two-Family Residential) is designed for neighborhoods where a limited increase in population density is acceptable by permitting two dwelling units on a single lot. This zoning is applicable primarily to older neighborhoods with deep lots.

(D) R-2P (Two-Family Residential Preservation) is designed for mature neighborhoods where the existing housing and environment is a valuable asset to the city and should be preserved, and where a limited increase in population density is acceptable by permitting two dwelling units on a single lot. Opportunities for additional and replacement housing are also provided where appropriate.

(E) R-G (Garden-Type Multiple-Family Residential) is designed for neighborhoods where limited-density apartment and condominium development must fit compatibly within an area of single-family type residences.

(F) R-3R (Restricted Multiple-Family Residential) is designed for use where limited density apartment and condominium development must fit compatibly in close proximity to an area of single-family type residences.

(G) R-3P (Multiple-Family Residential Preservation) is designed for mature neighborhoods where the existing housing and environment is a valuable asset to the city and should be preserved, while opportunities for additional and replacement housing are also provided where appropriate.

(H) R-3 (Limited-Density Multiple-Family Residential) is designed for use where apartment and condo- minium development can be physically separated from single-family type residences by a street or terrain feature.

(I) R-4 (Medium-Density Multiple-Family Residential) is designed for use where physical separation from single-family residential areas is possible, where proximity to shopping and service centers is available, and where frontage exists on major, primary or secondary collector streets for facilitating the flow of heavier residential traffic.

(J) R-5 (Maximum-Density Multiple-Family) is designed for high-rise apartments and condominiums to meet the specialized needs for high-density housing. Locations that would be close to the colleges or to central business districts and isolated where possible from singlefamily residential areas are considered most appropriate for such high-density zoning.

(K) R-MH (Mobile Home Park) is designed for mobile home neighborhoods and compatible activities associated therewith.

(Ord. 2982, passed - -2001; Ord. 3232, passed - -2016)

(A) Land uses in residential zones shall be in accordance with Table 15.17.020(A) and § 15.17.030 of this chapter.

(B) The more restrictive of any additional qualifications, limitations or conditions set forth in the use definitions of Chapter 15.04 of this title shall apply.

(C) Any activity or use not specifically listed in Table 15.17.020(A) shall be considered an unpermitted use unless determined by the Director of Community and Economic Development to be similar to a listed permitted use in the zone and consistent with the zone’s purpose.

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3190, passed - -2013; Ord. 3197, passed - -2013; Ord. 3222, passed - -2015; Ord. 3227, passed - -2016; Ord. 3232, passed - -2016; Ord. 3247, passed - -2017; Ord. 3252, passed - -2017; Ord. 3255, passed - -2018; Ord. 3290, passed - -2020; Ord. 3326, passed - -2023)

The following qualifications, limitations and conditions apply to the uses described in Table 15.17.020(A). The more restrictive of any additional qualifications, limitations or conditions set forth in the use definitions of Chapter 15.04 of this title shall apply.

(A) Occupancy restrictions.

(1) No use of a residential unit may exceed the occupancy load set out in the City Housing Code, i.e., at least one room with 120 square feet of floor area, and at least 70 square feet in each additional sleeping room, plus an additional 50 square feet for each extra person beyond two people in any such room.

• (2) No use of a residential unit may exceed an occupancy load that would result in fewer than 100 square feet of usable open space, as defined in § 15.17.040(E) of this chapter, on the premises per occupant.

• (B) Multiple-family dwellings. Multiple-family dwellings shall include cooperatively owned apartments and condominiums.

• (C) Manufactured housing.

• (1) Manufactured housing meeting the requirements of Cal. Gov’t Code § 65852.3 may be placed only on a permanent foundation on an otherwise vacant lot with a zone of R-1-6,000 or R-1-7,200, provided all requirements of this chapter and title are met.

• (2) The following additional requirements shall apply.

• (a) Manufactured homes shall have exterior siding extending to the ground or to the top of a solid foundation and consisting of materials found by the Director of Development Services to be those customarily utilized in conventionally built single- family dwelling.

• (b) Manufactured homes shall have a shingled, pitched roof (at least two to 12), with at least 12-inch eave overhangs.

• (c) Manufactured homes shall have any accessory buildings designed with the same exterior materials and roof designs as the main structure.

• (D) Mobile homes and house trailers.

• (1) A mobile home or house trailer, as defined in Chapter 15.04, may only be used for living or sleeping accommodations when located in a mobile home park or on a permanent foundation in specific R-1 Zones, subject to the provisions set forth in division (C) above. (2) The storage of a mobile home or house trailer is regulated by division (Q) below.

• (E) Transitional and supportive housing.

• (1) Transitional and supportive housing shall be considered a residential use of property, permitted in dwellings designed for nontransient occupancy, and shall be subject to the development standards of the zoning district in which they are located.

(2) Transitional or supportive housing which cannot be made to comply with the underlying zoning standards may be permitted by conditional use permit. In such case, the conditional use permit will be evaluated based on the factors listed in § 15.70.040(C) of this title and the following:

• (a) Compatibility between proposed project and existing/surrounding development;

• (b) Potential impacts on surrounding uses involving noise, parking, traffic, activity and security;

• (c) Provision of a full-time on-site manager;

• (d) Proximity of property to transit and social service agencies; and

• (e) Impacts on accredited K-12 schools within one quarter mile (1,320 feet) of the project site.

• (F) Group home or 24-hour care facility; small residential care facility for the elderly.

• (1) For the purpose of this division (F), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GROUP HOME or 24-HOUR CARE FACILITY. A dwelling licensed by the state to accept and care for six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children.

SMALL RESIDENTIAL CARE FACILITY FOR THE ELDERLY. A dwelling licensed by the state to accept six or fewer residents who are over 60 years of age, which provide varying levels and intensities of care and supervision or personal care.

(2) These types of facilities are permitted in all residential zones provided the number of persons cared for at any one time does not exceed six.

(3) When an outdoor recreational area is provided for the use of the occupants, it must be fenced and maintained in such a manner as not to constitute a nuisance to surrounding or adjoining residential properties.

(G) Small family childcare home. For the purpose of this division (G), SMALL FAMILY CHILDCARE HOME means a detached singlefamily dwelling, comprising the only dwelling on a residentially zoned lot, which provides licensed family childcare to eight or fewer children, including children who reside at the home. A small family childcare home is governed by the Cal. Health and Safety Code, which effectively prohibits any local regulations of these facilities.

(H) Large family childcare home. A large family childcare home (caring for between nine and 14 children, inclusive) may exist in detached single- family dwellings, comprising the only dwelling on a residentially zoned lot, and shall be subject to the following conditions:

(1) No large family childcare home shall locate closer than 300 linear feet to any other childcare home or childcare center regardless of size. A large family childcare home that is operated on property of a religious institution or a college is exempt from this provision. A large family childcare home located within 300 feet of another childcare facility (i.e., a small or large childcare home or a childcare center) may be approved through a conditional use permit when findings of insignificant impact can be made.

(2) A large family childcare home shall provide off-street vehicular loading areas with on-site circulation such that children may be safely loaded and unloaded from vehicles off the street, and pedestrian/vehicle conflicts are minimized. Under no circumstances shall children be required to cross a street to access the facility.

(3) One off-street parking space shall be provided for each daycare worker on duty, in addition to the parking originally required for the dwelling. One guest space shall also be provided for each six children, or portion thereof, cared for by the facility. The spaces shall not be located in a required street setback area, but may be located in tandem when site conditions make it infeasible to provide the required parking otherwise.

(4) A large family childcare home shall maintain an outdoor play area that adjoins any residentially zoned property in such a manner so as not to constitute a nuisance to the residential use. A solid six-foot high masonry wall shall be constructed along the perimeter of the facility adjacent to all such outdoor play areas in the side and rear yards to mitigate noise.

(5) A large family childcare home shall comply with noise and maintenance regulations of the zone and will be subject to applicable abatement/ nuisance procedures if necessary to mitigate incompatibility with the surrounding neighborhood and the intent of these regulations.

(I) Accessory buildings and structures. The requirements for a one-story accessory building or structure are indicated below.

• (1) A habitable accessory building is subject to the following requirements.

• (a) It shall comply with the front yard setback and height requirements for the main building on the property.

(b) When physically attached to the main building, it shall also comply with the side and rear setback requirements for the main building on the property.

• (c) When detached from the main building:

1. If less than 600 square feet in area and not more than ten feet in height at the property line, it shall be exempt from side and rear yard setback requirements for the main building on the property, provided all drainage is directed to the property on which the building is located and the building meets applicable fire separation requirements per the City Building Code. Within a required side or rear yard, height of the building may increase one foot for each foot of setback from the property line, with maximum height not to exceed the requirements of the zone in which it is located; and

2. If 600 or more square feet in area or more than ten feet in wall height, it shall be located in accordance with setback requirements for the main building on the property. A minor reduction in side- or rear-yard setback may be granted subject to approval of a minor exception pursuant to Chapter 15.66 of this title.

(d) The architectural design shall be visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Director of Community and Economic Development or his or her designee. The determination may be appealed to the Planning Commission.

(e) Applicant shall prepare a land use agreement for the property, subject to review and approval by the Director of Community and Economic Development, that prohibits the conversion of any or all of the accessory building to a separate dwelling unit. Once approved, the applicant shall provide an executed and notarized agreement to the city to be recorded with the County Recorder, and future sale of the property shall be subject to the agreement.

(2) A non-habitable accessory building is subject to the following requirements.

(a) It shall comply with the front yard setback and height requirements for the main building on the property.

(b) When physically attached to the main building, it shall also comply with the side and rear setbacks as specified for the main building on the property.

(c) When detached from the main building:

1. If less than 600 square feet in area and not more than ten feet in height at the property line, it shall be exempt from side and rear yard setback requirements for the main building on the property, provided all drainage is directed to the property on which the building is located and the building meets applicable fire separation requirements per the City Building Code. Within a required side or rear yard, height of the building may increase one foot for each foot of setback from the property line, with maximum height not to exceed the requirements for the main building on the property; and

2. If 600 or more square feet in area or more than ten feet in wall height, it shall be located to meet setback requirements for the main unit on the property. A minor reduction in side or rear yard setback may be granted subject to approval of a minor exception pursuant to Chapter 15.66 of this title. Rear yard setbacks do not apply where a rear property line does not abut a property with a residential zone classification.

(d) The architectural design shall be visually compatible with the main dwelling unit on the property and with the neighborhood character, as determined by the Director of Community and Economic Development or his or her designee. The determination may be appealed to the Planning Commission.

(4) A detached two-story habitable or non-habitable accessory building may be allowed in the R-1 and R-1P Zones provided that it complies with the development standards for the main building on the property and its architectural design is visually compatible with the

main dwelling unit on the property and with the neighborhood character, as determined by the Director of Community and Economic Development or his or her designee. The Director’s determination regarding architectural compatibility may be appealed to the Planning Commission. Applicant shall prepare a land use agreement for the property, subject to review and approval by the Director of Community and Economic Development, that prohibits the conversion of any or all of the accessory building to a separate dwelling unit. Once approved, the applicant shall provide an executed and notarized agreement to the city to be recorded with the County Recorder and future sale of the property shall be subject to the agreement.

or the property, subject to review and approval by the Director of Community and Economic Development, that prohibits the conversion of any or all of the accessory building to a separate dwelling unit. Once approved, the applicant shall provide an executed and notarized agreement to the city to be recorded with the County Recorder and future sale of the property shall be subject to the agreement.

(5) The area of all accessory buildings shall be included in calculations for lot coverage, floor/area ratio requirements and usable open space requirements for the zone in which it is located. The area of all accessory structures shall not be included in calculations for lot coverage requirements of § 15.17.050(C) and may be included in calculations for usable open space requirements of § 15.17.050(E) when designed for outdoor living or recreation.

• (J) Traditional domestic animals.

• (1) For the purposes of this section, TRADITIONAL DOMESTIC ANIMALS shall include those animals that have been traditionally regarded as domesticated or tame house pets and shall be limited to the following:

• (a) Dogs and cats.

1. Lots of 20,000 square feet or less (excluding duplexes, apartments, condominiums or mobile homes): Any combination of dogs and cats totaling four animals, plus their offspring less than four months old, per lot of 20,000 square feet or less. The keeping of four dogs requires a property having an R-1 or R-1P Zone and a non-commercial kennel license obtained from County Animal Control.

2. Lots over 20,000 square feet (excluding duplexes, apartments, condominiums or mobile homes): Any combination of dogs and cats totaling five animals, plus their offspring less than four months old, per lot over 20,000 square feet. The keeping of four or more dogs requires a property having an R-1 or R-1P Zone and a non-commercial kennel license obtained from the County Animal Control. Permission to keep additional dogs and cats in excess of the limitations in this provision will require the approval of a conditional use permit.

3. Duplexes, apartments, condominiums or mobile homes: Two adult dogs or cats, or one of each, plus their offspring less than four months per each duplex unit, apartment unit, condominium or mobile home.

• (b) Small household pets.

1. For the purpose of this division (J)(1)(b), SMALL HOUSEHOLD PETS means hamsters, guinea pigs, white rats and/or mice, nonpoisonous snakes not exceeding six feet in length, turtles, nonpoisonous toads, lizards, salamanders, newts, chameleons, kangaroo rats, rabbits, fish and birds, except as otherwise provided by law.

2. Number: Up to four small household pets, not including fish, may be kept in one dwelling unit in any combination. Additional small household pets may be obtained at the discretion of the planning department with a conditional use permit.

• (2) This section shall not take precedence over more restrictive regulations regarding the keeping of animals imposed by any property owner, property manager or homeowners association.

• (K) Non-traditional domestic animals.

• (1) Poultry.

• (a) Generally. Roosters and peacocks shall not be permitted in any residential zone.

• (b) Lots of less than 7,000 square feet. Poultry is not permitted.

• (c) Lots of 7,000 square feet or more (excluding duplexes, apartments, condominiums or mobile homes). Four animals may be kept on

a lot containing not less than 80 square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional 100 square feet of space; however, no more than four animals may be allowed without approval of a conditional use permit.

• (d) Duplexes, apartments, condo- miniums or mobile homes. Poultry is not permitted.

• (e) Distance. Between 10:00 p.m. and 7:00 a.m., poultry must be kept or caged more than 30 feet from all habitable dwellings, except the one occupied by the animal’s keeper.

• (2) Miniature pigs, pygmy goats and miniature horses.

• (a) Lots of 20,000 square feet or less. Miniature pigs, pygmy goats and miniature horses are not permitted.

• (b) Lots of 20,000 square feet or more (excluding duplexes, apartments, condominiums or mobile homes).

1. Pygmy goats and miniature horses: Two animals may be kept on a lot containing not less than 20,000 square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional 15,000 square feet of space; however, no more than three animals may be allowed without an approval of a conditional use permit.

2. Miniature pigs: One animal may be kept on a property containing not less than 300 square feet of fenced outdoor exercise space to be used by the animal on the property. One additional animal may be kept for each additional 300 square feet of outdoor exercise space; however, no more than three animals may be allowed without an approval of a conditional use permit.

• (c) Duplexes, apartments, condo- miniums or mobile homes. Poultry is not permitted.

(d) Distance. Between 10:00 p.m. and 7:00 a.m., miniature pigs, pygmy goats and miniature horses shall be penned or stabled at least 30 feet from all habitable dwellings, except the one occupied by the animal’s keeper.

(e) Medical care. Miniature pigs, pygmy goats and miniature horses shall receive a yearly inspection by a certified veterinarian with experience treating animals of the same breed. Keepers of miniature pigs, pygmy goats and miniature horses shall maintain a yearly certificate from a certified veterinarian certifying that all animals are up to date on their recommended deworming schedule and vaccinations. This yearly certificate shall also document the animal’s weight and height at the time of inspection.

(f) Size. Each miniature pig shall weigh no more than 250 pounds. Each miniature horse shall weigh no more than 250 pounds. Each pygmy goat shall weigh no more than 100 pounds.

(g) Compliance with other codes. Miniature pigs, pygmy goats and miniature horses shall be kept in compliance with all requirements of Animal Care Services of the County Health Care Agency.

(h) Additional requirements for miniature pigs. Any person owning or having custody of a miniature pig shall maintain a certificate of sterilization signed by a licensed veterinarian.

(3) More restrictive regulations. This section shall not take precedence over more restrictive regulations regarding the keeping of animals imposed by any property owner, property manager or homeowners association.

(L) Livestock and other animals.

(1) Definition. For the purpose of this division (L), LIVESTOCK means bovine, swine (except miniature pigs), equine (except miniature horses) animals and goats (except pygmy goats), sheep and llamas.

(2) Livestock fences. Every owner, keeper, custodian or harborer of livestock shall erect and/or maintain a fence as herein described to contain and confine all livestock kept or maintained on his or her premises. Such fence shall be sufficiently good, strong and substantial as to prevent the ingress and egress of livestock. No wire fence is a good and substantial fence within the meaning of this section unless it has three tightly stretched barbed wires securely fastened to posts of reasonable strengths, firmly set into the ground no more than one rod apart, one of which wires should be at least four feet above the surface of the ground. Any kind of wire or other fence of height, strength and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this section. Cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock are also a good and substantial fence.

(3) Additional provisions. Livestock may be kept under the following conditions.

(a) Two adult animals may be kept on property with an R-1 Zone containing not less than three-fourths of an acre of net land area within the boundaries of the property. For the purpose of this division (L)(3)(a), NET LAND AREA is defined as the gross land area minus any dedications. One additional animal may be kept for each additional 15,000 square feet of land; however, no more than five adult animals may be allowed without an approval of a conditional use permit. The offspring of bovine animals shall be counted as adults when they are six months old and of equine animals when they are one year old.

(b) No animal as described in this division (L) shall be permitted to approach closer than 50 feet to a habitable dwelling on adjacent property and 30 feet to a patio, swimming pool or similar facility on adjacent property.

(c) Additional equine animals in excess of the limitations in this provision, including a commercial stable, may be kept on vacant property with an R-1 Zone having no less than three-fourths of an acre, subject to the approval of a conditional use permit.

(M) Wild, exotic, dangerous and non-domestic animals. The city has adopted the county’s code on wild, exotic, dangerous and nondomestic animals. See Orange County Code Title 4, § 4-1-94: Wild, Exotic, Dangerous and Nondomestic animals and § 4-1-95: Declaration and possession of vicious or potentially dangerous dog. All animals prohibited by the state are prohibited in the city.

(N) Animal fostering and temporary keeping of animals. Short-term animal fostering is permitted subject to the following rules.

(1) Foster agreement. Any person fostering or temporarily keeping an animal must be able to present a valid foster agreement with an accredited local shelter or sanctuary.

(2) Number of animals.

(a) Dogs and cats. Any property where more than the permitted number dogs and cats are kept, for any length of time, must obtain an animal permit from County Animal Control.

(b) All other animals. The number limits specified above, for all animals other than dogs and cats, also apply to fostered and temporarily kept animals. These number limits may only be exceeded with a conditional use permit from the City Planning Department.

(3) Setbacks, noise limits, zoning districts and maintenance standards. Except for number limits on dogs and cats, all rules related to animal keeping, including setbacks, noise limits, sanitation and maintenance requirements and animal size limits also apply to animal fostering. For example, a property not permitted to keep pygmy goats permanently is also not permitted to foster pygmy goats.

(O) Garage sales. Garage sales shall be a temporary permitted use under the following conditions:

(1) Goods and equipment displayed and sold shall be only those owned by and part of the normal household effects of the occupant(s) of the premises on which the sale is held.

(2) The goods shall not be displayed or sold in the public right-of-way, nor after sundown.

(3) No such sale shall last more than three consecutive days, nor be repeated on the same premises more frequently than once each six months.

(4) A maximum of three garage sale signs shall be permitted; each may be no more than two square feet in area. The signs may be posted on premises other than those of the sale only with the written permission of the owner of those premises; they may not be posted in a public right-of-way; they shall be displayed during daylight hours only and shall be removed at the termination of the sale.

(P) Home based businesses. Home businesses are permitted in any residential zone classification with the following restrictions.

(1) No employees other than persons who permanently reside on the premises shall be permitted.

(2) There shall not be more than one room in the dwelling used for the home occupation.

(3) There shall be no outside storage of material or stock in trade. Storage of necessary supplies may be permitted in the garage, provided said storage does not diminish the required parking spaces in the garage.

(4) No use of materials or equipment other than those normally associated with a normal household use or hobby shall be permitted onsite.

(5) The nonresidential use shall not be evident from outside the residence due to sounds, odors, vibrations and the like.

(6) There shall be no signs related to the business maintained anywhere on the site.

(7) No new structures shall be constructed for the purpose of conducting the home business.

(8) No vehicles associated with the home business shall be kept on the premises except as otherwise permitted in a residential zone.

(9) The use shall not generate pedestrian or vehicular traffic beyond that normally associated with a residential zone. There shall be no clients or customers on the premises at any time.

(10) There shall be no use of commercial vehicles for the delivery of materials to or from the premises, except those vehicles normally making residential deliveries, i.e., UPS, Federal Express and the like.

(Q) Private parking areas. Private parking areas shall conform to the following conditions.

(1) Such areas shall be improved and maintained in accordance with the provisions of § 15.56.130 of this title, except that the required 15-foot setback from any street shall be landscaped in its entirety and not less than 5% of the remainder of the parking area shall also be landscaped.

(2) Along any common boundary with property having a residential zone classification of R-1 or R-1P, a six-foot high ornamental masonry wall or wooden fence shall be provided and maintained. Where a differential in grade exists between the two properties, the height of the wall may be reduced one foot for each two feet of grade differential; provided, that in no case, except within 15 feet of the street line, shall such wall be less than six feet in height as measured from the commercial side and 42 inches in height as measured from the residential side. Grade differential shall be determined from the building pad elevation, if known, and if not known, from an estimated normal building pad elevation.

(3) Along any common boundary with property with a residential zone classification not otherwise protected by a masonry wall located on the parking lot side, there shall be installed and maintained a concrete curb or timber barrier not less than six inches in height and located not less than two feet from said boundary.

(4) No such area shall be used for the commercial storage of cars, trucks, boats or trailers.

(5) No habitable structures shall exist on the parcel during its use as a parking area.

(6) No vehicle registered for commercial purposes pursuant to Cal. Vehicle Code § 260 which is three tons or more in gross weight shall be parked or left standing on any part of any property with a residential zone classification in excess of 30 consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property.

(7) One vehicle, which is registered for commercial purposes pursuant to Cal. Vehicle Code § 260, that is less than three tons in gross weight may be parked on an property with a residential zone classification, only if it is used for transportation to and from the residential premises by the occupant of said premises.

(R) Renting of rooms. The renting of rooms or the providing of board, or both, shall be limited to a total of three bedrooms and a total of three persons per dwelling unit on property within the R-1, R-1P, R-2 and R-2P Zones.

(S) Convenience shops and other limited commercial uses. Convenience shops shall be limited to barber and beauty shops, drugstores, delicatessens and laundry and dry-cleaning pick-up and delivery points, and similar service uses designed to serve the residents of the building.

(T) Parking and/or storage of resident’s recreational vehicles. Parking and/or storage of recreational vehicles, motorized or nonmotorized, is permitted provided all of the following conditions are satisfied:

(1) The property is improved with only one or two dwelling units;

• (2) Such vehicles shall not be occupied for living purposes;

• (3) Such vehicles shall be limited to those owned by the occupant of the dwelling unit;

(4) Recreational vehicles shall not be parked or stored where such parking or storage shall constitute a clear and demonstrable vehicular traffic hazard, or be a threat to public health or safety;

(5) A recreational vehicle shall not be parked or stored within the front yard when there is an existing driveway or other access leading to the rear yard of the residence that can accommodate such vehicle; and

• (6) Parking parallel to the front property line shall be prohibited except where a curved or circular driveway exists. In those cases, suitable screening of the recreational vehicle shall be provided.

• (U) Outdoor recreational facilities.

• (1) A swimming pool, spa, tennis court, play apparatus or similar recreational facility for the sole use of the occupants of the premises and their guests is allowed in any residential zone, provided that:

• (a) The facility is approved with any necessary building permits;

• (b) The facility and its use are incidental to the main use of the lot and does not alter the principal use of the subject lot;

• (c) The facility and its use do not generate pedestrian or vehicular traffic beyond that normally associated with a residential zone;

• (d) The facility and its use do not cause a public nuisance pursuant to Title 6 of this code;

• (e) The facility and its use comply with the noise standards for the residential zone pursuant to Chapter 15.90 of this title;

• (f) The facility shall not occupy any portion of a required front yard setback for the zone as defined in Table 15.17.050(A);

• (g) Should the facility be located in the front of the residential property, beyond the required setback, it shall be screened from adjacent properties and the public right-of-way. Screening shall be subject to the prior approval of the Director of Development Services;

• (h) Pools, spas and tennis courts may be located within the required rear and side yard setbacks as specified in Table 15.17.050(A), and subject to §§ 15.17.040(G)(2) and 15.17.050(B)(6);

• (i) Play apparatuses (including swimming pool slides) or similar facilities which are 120 square feet or less in area and four feet or less in height from natural grade shall maintain a minimum five foot setback from the rear and side property lines;

• (j) Play apparatuses (including swimming pool slides) or similar facilities which are 120 square feet or less in area and between four feet and ten feet in height from natural grade shall comply with the rear and side building setback requirements for a single-story structure as specified in Table 15.17.050(A);

• (k) Play apparatuses (including swimming pool slides) or similar facilities which are greater than 120 square feet in area or ten feet or more in height from natural grade shall comply with the rear and side building setback requirements for a two-story structure as specified in Table 15.17.050(A); and

• (l) Lighting for any outdoor recreational facility, such as a tennis or basketball court shall be designed in accordance with the following standards.

1. Light poles for game court lighting may not exceed 15 feet above the ground surface.

2. All exterior lighting visible from off-site must be equipped with motion detectors and all decorative lighting and game court lighting must be equipped with automatic timer switches to ensure that the lighting is turned off when not in use.

3. No exterior lighting may be directed off-site and shall be shielded to direct light away from any adjacent property.

• (2) Notwithstanding the provisions of division (U)(1) above, skateboard ramps or similar structures or devices used for skateboarding, roller skating, rollerblading or similar wheeled activities are prohibited in any residential zone.

• (V) Residential beekeeping.

• (1) Permit required. Any beekeeping in a residential zone shall require a residential beekeeping permit.

• (2) Notification required. The notification of adjoining properties is required prior to the issuance of a residential beekeeping permit. (3) Best management practices.

• (a) Beekeeping shall follow the city’s best management practices for residential beekeeping and be ancillary to the primary residential use of the property and shall be conducted pursuant to division (M) above.

(b) Best management practices for residential beekeeping are available in the Community and Economic Development Department. Acknow- ledgment of receipt of best management practices document shall be required prior to issuance of residential beekeeping permit. (Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3075, passed - -2006; Ord. 3131, passed - -2009; Ord. 3190, passed - -2013; Ord. 3197, passed - -2013; Ord. 3232, passed - -2016; Ord. 3254, passed - -2018; Ord. 3255, passed - -2018; Ord. 3267, passed - -2018; Ord. 3326, passed - -2023)

The following development standards apply in residential zones. Additional standards that are specific to individual zones are found in §§ 15.17.050 through 15.17.070 of this chapter.

(A) Area of land developed to multiple dwellings considered as constituting a single lot. For the purposes of this section, any area of land, whether a single lot, a combination of lots, or un-subdivided acreage, which is developed to multiple dwellings under the standards required in this chapter shall be considered as constituting a single lot, and the component lots or parcels of land constituting the lot shall be considered as parts of a whole.

(B) Lots shall be combined when a building is proposed over two or more lots. When a building is proposed over two or more lots, the lots shall be combined as prescribed in Title 16 of this code.

(C) Usable open space.

(1) For the purpose of this section, USABLE OPEN SPACE means an open area or recreational facility designed and intended for outdoor

living and/or recreation. Common usable open space shall not exceed a grade of 20%, shall have a mini- mum dimension of at least ten feet and may include landscaping, walks, recreational facilities and small decorative objects such as artwork and fountains.

(2) Open space that does not meet the above requirements but provides visual relief, such as landscaped slopes and planter areas, and in the R-1 and R-1P Zones only, private individual driveways may be counted on a one-for-three basis in meeting up to one-third of the common usable open space requirement. Water-oriented visual amenities such as lakes and streams may be counted on a one-for-one basis but shall be included in the same one-third limitation for visual open space.

(3) Areas underneath external stairways shall not be counted as common usable open space. Inaccessible or partially enclosed areas under building overhangs, second floor decks or patios may be counted as common usable open space, subject to the approval of the Director of Development Services.

(4) Common usable open space shall not include any portion of off-street parking space, driveways (except in the R-1 and R-1P Zones), turnaround areas, the required street setback area or any accessory building or roof tops, except those portions thereof used for outdoor living or recreational purposes.

(D) View clearance.

(1) No structure or landscaping shall be placed within a “cut-off” area, as defined in this division (D) in a manner that obstructs a clear view of traffic.

(a) In the case of a lot at the intersection of two streets, the cut-off area is a triangle with one point at the intersection of the street lines (or their prolongations) and the other points located 15 feet from that point along each of the street lines (see Figure 1).

(b) In the case of a lot located at the intersection of a street and an alley, the cut-off area is a triangle with one point at the intersection of the street and alley lines (or their prolongations), one point 15 feet from that point along the street line and the other point ten feet from the origin point along the alley line (see Figure 2).

(c) For a driveway located in a side yard of a corner lot, the cut-off area is comprised of two triangular areas on either side of the driveway (see Figure 3). The triangles shall originate at the intersections of the side lot line and either side of the driveway, and project 15 feet from those origin points along both the side of the driveway and the side yard line.

(2) The Planning Commission may hold a public hearing pursuant to Chapter 15.76 of this title to consider and to issue orders for a property owner to remove any obstruction from any cut-off area that creates a condition that is found to be dangerous to the safety of drivers and occupants of vehicles or to pedestrians.

(E) Front yard setback on cul-de-sac. The front yard setback on a cul-de-sac shall be measured from the closest point of the cul-de-sac and shall be one-half of the setback prescribed by the residential zone classification of the subject property.

(F) Setbacks on through lots. The front yard setback required by the underlying zone shall apply on both street frontages of a through lot, except that fences no more than eight feet in height, non-habitable buildings and detached accessory structures are permitted at the rear yard property line of a through lot that has an R-1, R-1P, R-2 or R-2P Zone, when all vehicular access rights on that street frontage side have been dedicated to the city or have been restricted by parcel map, site plan or tract map.

• (G) Features that may encroach into a setback.

(1) Fireplace structures not wider than eight feet, bay windows and eave overhangs that are incorporated as part of a roof may encroach into a required setback to a maximum of 18 inches.

(2) Mechanical equipment such as air conditioning units and hot water heaters may encroach into a side/rear yard setback but are subject to noise restrictions as provided in Chapter 15.90 of this title.

(3) Landscaping, including trees, hedges or shrubs of any height, may be planted within a required side or rear setback area that is not within a cut-off area as defined by division (D) above. Within a front yard setback, when not within a cut-off area as defined by division (D) above, landscaping of any height is permitted, except that continuous hedges over three feet in height are not permitted.

Landscaping, including trees, hedges or shrubs of any height, may be planted within a required side or rear setback area that is not within a cut-off area as defined by division (D) above. Within a front yard setback, when not within a cut-off area as defined by division (D) above, landscaping of any height is permitted, except that continuous hedges over three feet in height are not permitted.

(H) Acoustic analysis required. All residential developments proposed within a projected annual CNEL contour (as defined in C.C.R. Title 21, Subchapter 6) of 60 dB(A) or greater (as indicated in the City General Plan Community Health and Safety Element) shall require an acoustical analysis (as defined in State Building Standards Code Title 24) demonstrating and certifying that all required usable open space areas other than visual open space shall be provided with noise-mitigating measures sufficient to reduce the noise levels therein to 60 dB(A) CNEL. The Planning Commission, Redevelopment Agency or City Council, as appropriate, may approve projected exterior levels of not to

exceed 65 dB(A) CNEL for areas where the acoustical analysis demonstrates that achieving a level of 60 dB(A) CNEL is clearly not feasible.

(Ord. 2982, passed - -2001)

The following development standards apply to the R-1, R-1P, R-2 and R-2P Zones.

(A) Minimum lot size.

(1) No new lot shall be created in any R-1 or R-1P Zone which is less in area than the minimum lot size indicated on the city’s official zoning map for the area in which it is located, except as provided in Title 16 of this code.

(2) A new lot with an R-2 or R-2P Zone shall be a minimum of 6,000 square feet.

(B) Building setbacks.

(1) Generally. Building setbacks shall be as prescribed in Table 15.17.050(A). Fence and wall height and location restrictions are found in division (G) below.

(2) Front yard. The front yard building setback shall be no less than the average of the front setbacks for the two adjacent homes. The front yard setback specified in Table 15.17.050(A) shall be the requirement when the average of the front yard setbacks for the adjacent homes is less than that specified in said table. In the case of a corner lot, the setback shall not be greater than the predominant setback of the street side on which the lot fronts.

(3) Key lot. In the case of a key lot on a property with an R-1, R-1P, R-2 or R-2P Zone, the front yard building setback shall be at least 15 feet regardless of the minimum lot size.

(4) Exemptions. The following are exemptions, possible reductions or allowable encroachments to the required building setback.

(a) A reduction in the building setback not exceeding 20% of the requirements in Table 15.17.050(A) may be allowed with approval of a minor exception pursuant to Chapter 15.66 of this title. A request for a greater building setback reduction shall be reviewed as a variance pursuant to Chapter 15.68 of this title.

(5) Decks and balconies.

(a) A deck shall be set back at least five feet from a property line (see Figure 4). Any portion of a deck that is higher than four feet from natural grade shall comply with the building setback requirements for a single story structure as shown in Table 15.17.050(A). Any portion of a deck that is higher than ten feet from natural grade shall comply with the building setback requirements for a two-story structure as shown in Table 15.17.050(A).

(b) A balcony shall not encroach into the side or rear yard setback requirements for the main building on the property, and when abutting a minimum side yard setback, the balcony shall include screen walls to prevent views into adjacent properties.

(6) Patio and porch covers, carports and other accessory structures.

(a) A patio and porch cover, carport or other non-enclosed accessory structure that is attached to or freestanding from a residence shall be at least five feet from any rear property line and three feet from any side property line that abuts a lot with a residential zone classification.

(b) Any freestanding fireplace, barbecue structure or kiln shall be at least five feet from a rear or side property line that abuts a lot with a residential zone classification.

(c) Any enclosed accessory structure such as a sunroom shall comply with the building setback requirements as shown in Table 15.17.050(A).

• (C) Lot coverage, building area and floor/area ratio requirements.

(1) The lot coverage and floor/area ratio shall be in accordance with Table 15.17.050(B).

(2) For a residence on a property with an R-1 or R-1P Zone, the building area of a second story shall be limited to 70% of the building area contained on the first floor (see Figure 5).

(D) Maximum height requirements. Maximum height requirements shall be in accordance with Table 15.17.050(C). A conditional use permit may be approved for taller structures when the average natural grade of the lot exceeds 25%.

Table 15.17.050(C) Maximum Height Requirements

(E) Open space requirements.

(1) Open space requirements shall be in accordance with Table 15.17.050(D).

(2) In the R-1 and R-1P Zones, private individual driveways may be counted on a one-for-three basis in meeting up to one-third of the usable open space requirement.

(F) Parking requirements.

(1) Parking requirements for the R-1, R-1P, R-2 and R-2P Zones are shown in Table 15.17.050(E).

(2) All required parking must be located on-site, meet the minimum dimension requirements of § 15.17.080(D) of this chapter, and be located outside of any required setback from a public street.

(G) Fences and walls.

(1) The height of non-retaining walls, fences, hedges or guardrails shall be in accordance with Table 15.17.050(F). Non-view-obscuring fences may go to a height of six feet with the approval of the Director of Development Services. In reviewing such applications, the Director of Development Services shall consider the proposed construction materials, compatibility with neighboring properties, vision clearance and other factors as necessary. The applicant may appeal the Director’s decision pursuant to Chapter 15.76 of this title.

(2) (a) Any retaining wall higher than three feet within a front yard setback and higher than four feet within the rear or side yard setback shall be subject to the approval of the Director of Development Services.

(b) A proposed retaining wall above these heights, which in the opinion of the Director is being constructed to enlarge the buildable area on the lot, shall be subject to the approval of a minor site plan pursuant to Chapter 15.47 of this title.

(c) A retaining wall designed for landscaping purposes, however, is exempt from this requirement.

Table 15.17.050(F)

(H) Landscaping requirements.

(1) The front yard area of the lot shall be maintained with a combination of planting, turf and hardscape areas such that the total area of non-pervious surfaces shall be 40% or less of the total front yard area.

(2) For nonresidential uses permitted pursuant to Table 15.17.020(A), all open parking areas (e.g., non-structured, non-garage) shall be landscaped such that:

(a) Planters with a total landscaped area equaling a minimum of 25 square feet per parking space, or 8% of the square footage of the open parking area, whichever is greater, shall be provided and distributed throughout the open parking area; and

• (b) Trees with a total shaded area (e.g., the area under the tree canopy or dripline 15 years after installation) equaling a minimum of

• 50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.

• (3) Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:

• (a) Installation of new landscape with a total landscaped area equal to or greater than 500 square feet;

• (b) Rehabilitation of existing landscaped areas where affected landscaped area is equal to or greater than 2,500 square feet;

• (c) Installation of a new landscape area or areas less than 2,500 square feet in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50, Appendix A; and

(d) Landscape projects using treated or untreated graywater or rainwater captured on-site that has less than 2,500 square feet of landscape and meets the landscape water requirement (EAWU) entirely with treated or untreated graywater or through stored rainwater captured on-site is subject only to Chapter 15.50, Appendix D, related to irrigation systems.

• (4) Landscaping and irrigation not subject to Chapter 15.50 shall be encouraged to:

(a) Utilize resources which identify plants that are native to the state or are otherwise appropriate for the region and that have moderate to very low water use following establishment;

• (b) Limit the use of turf to active areas; when turf is utilized, select a drought-tolerant variety;

(c) Utilize decorative gravel or pebbles or mulch on ground plane, as appropriate for type of plants, to improve water holding capabilities;

(d) Group plants of similar water requirements together to allow more effective use of irrigation; and

(e) Design the irrigation system to utilize point irrigation systems (including micro-spray, bubbler, drip emitter or sub-surface) for more efficient delivery of water to root systems and to minimize run off.

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3131, passed - -2009; Ord. 3134, passed - -2009; Ord. 3197, passed - -2013; Ord. 3226, passed - -2016; Ord. 3232, passed - -2016)

The following development standards for R-1P, R-2P and R-3P Zones are in addition to the applicable standard contained in §§ 15.17.040, 15.17.050 and 15.17.070.

(A) All proposed development, including the rehabilitation of existing structures, will be reviewed for compliance with established design criteria and standards, specific to the preservation zones and identified significant properties. These adopted design criteria and standards,

entitled, “Design Guidelines for Residential Preservation Zones,” are intended to serve as a baseline (a set of elementary guidelines) by which a proposal will be evaluated. (B) All proposed development shall be subject to the following types of review and approval. Routine maintenance of existing improvements (e.g., repainting of a structure, duplicating damaged or deteriorated exterior architectural features) is exempt from these review procedures as long as the original design is retained. (1) Those projects listed below which the Director of Community and Economic Development determines are consistent with the design criteria and standards established or the Residential Preservation Zones shall be subject to administrative review and approval by the Director of Community and Economic Development. (a) Minor alterations, including the addition, change or removal of exterior architectural features and existing hardscape; (b) Minor improvements such as air conditioning units, skylights, solar panels, greenhouse windows, roof mounted equipment, arbors, trellises and fences; (c) All development wherein structures are enlarged by less than 50% of the existing floor area, the total addition is less than 500 square feet, and such addition is not readily visible from the public street; (d) The demolition of accessory structures which have a floor area less than 500 square feet; and (e) The construction of an accessory structure in a location that is behind or partially behind the main residence, when the architectural features of the accessory structure match those of the main residence, including, but not limited to, siding, windows, trim, roofing and vents, in accordance with the “Design Guidelines for Residential Preservation Zones.” (2) Those projects listed below will be reviewed as a site plan in accordance with §§ 15.47.025 and 15.47.040 of this title: (a) All new development that proposes the creation of additional residential units on the lot; (b) Any combination of alterations and additions which result in a structure being enlarged by 50% or more of the existing floor area or more than 500 square feet; (c) Any addition to an existing structure wherein such an addition is readily visible from the public street; and (d) The construction or demolition of an accessory structure which has a floor area of 500 square feet or more, or the construction of multiple accessory structures which have a cumulative floor area of 500 feet or more, unless division (B)(1)(e) above applies. (3) Those projects listed below will be reviewed by the Landmarks Commission as a site plan in accordance with §§ 15.47.025 and 15.47.040 of this title: (a) The demolition of a residential structure in a preservation zone where more than 50% of the structure will be removed from a site either by relocation or destruction, or when any portion of the street facing elevation is demolished; and (b) The demolition or alteration of any significant property or historical landmark. (4) A Director of Community and Economic Development determination pursuant to divisions (B)(1) or (B)(2) above may be appealed to the Landmarks Commission. (C) Proposed new construction will be subject to the following site development standards. (1) All buildings shall be encouraged to have a minimum front yard setback of 20 feet. In the R-2P and R-3P Zones, proposals requesting a building setback less than 20 feet shall be subject to approval by the Landmarks Commission as a minor site plan in accordance with Chapter 15.47 of this title. In the R-1P Zone, proposals requesting a front setback less than the predominant setback on the street shall be subject to approval by the Landmarks Commission as a minor site plan in accordance with Chapter 15.47. (2) Half of the required amount of parking may be in the form of a carport and/or an open, paved space. No parking area, however, shall be allowed in front of any principal building. (3) An existing driveway that no longer serves as access to a garage may be used for a parking space as long as the parking space is behind the front yard setback. A new driveway for the purpose of providing an open parking space will be discouraged and subject to the approval of the Director of Community and Economic Development. (4) The total gross floor area of all dwelling units on the property shall not exceed 40% of the net lot area of any property on which at least one existing dwelling unit is preserved and shall not exceed 35% of the net lot area where no existing dwelling units are preserved. (D) The decision to approve or deny any proposed development will be guided by the following objectives. (1) The primary objective shall be the city’s commitment, as directed by state legislation and enunciated in the housing element of its General Plan, to the preservation and rehabilitation of existing affordable housing and neighborhood lifestyle. Additionally, the intent is to protect and enhance the historic character of development found within these preservation zones. (2) If the existing housing is clearly deteriorated or dilapidated beyond rehabilitation, or if a residential structure does not contribute to, or is not compatible with, the established character of the neighborhood, said housing may be removed.

eighborhood lifestyle. Additionally, the intent is to protect and enhance the historic character of development found within these preservation zones. (2) If the existing housing is clearly deteriorated or dilapidated beyond rehabilitation, or if a residential structure does not contribute to, or is not compatible with, the established character of the neighborhood, said housing may be removed.

(3) In any case where new construction is proposed, said construction shall be reviewed in the context of the existing intensity and diversity of development and lifestyle in the neighborhood. Where proposed new construction is found to be incompatible with such by reason of obtrusiveness, excessive bulk, over development, inappropriate architectural style or nonresidential character, such a proposal shall be modified or denied.

(4) For improvements involving an existing structure, the recommended policy shall be to retain, repair or restore original architectural elements, rather than to replace them. If such elements cannot be repaired or restored, the replacement should be made with the materials that are the same type as those used at the time of original construction when possible, but when necessary, substitutions may be made with materials that match in design, texture and color. Original materials shall be proven to be deteriorated beyond reasonable repair before substitute materials can be considered.

(E) Notwithstanding the requirements for R-1P, R-2P and R-3P Zones, the Landmarks Commission may consider a site plan application from a property owner and upon review of the application, facts and consideration of alternatives at a noticed public hearing, may waive on a selective and limited basis the “preservation” requirements of this section that cause undue hardship.

(Ord. 2982, passed - -2001; Ord. 3232, passed - -2016; Ord. 3267, passed - -2018)

The following development standards apply to the R-G, R-3R, R-3, R-3P, R-4, R-5 and R-MH Zones.

(A) Minimum lot size, minimum lot area per unit and maximum lot coverage.

(1) The minimum lot size, the minimum lot area per unit and the maximum lot coverage for the R-G, R-3R, R-3, R-3P, R-4, R-5 and R- MH Zones shall be in accordance with Table 15.17.070(A).

(2) The minimum lot area per dwelling unit for property with an R-3 or R-3P Zone shall be in accordance with Table 15.17.070(B).

• (3) Density bonus standards are as follows.

(a) The permitted lot area per dwelling unit shall be 1,600 square feet per unit, regardless of bedroom mix, when at least 80% required parking is fully below natural grade.

(b) The permitted lot area per dwelling unit shall be 1,600 square feet per unit, regardless of bedroom mix, when two pre-existing, legal lots are consolidated into one lot of 20,000 square feet or greater having access from a public alley.

(B) Building setbacks.

(1) Building setbacks shall be as prescribed in Table 15.17.070(C).

(2) One-story buildings may encroach into the required street setback, provided that the average setback for all buildings facing said street shall equal 15 feet or more and no building is less than ten feet from the property line.

Table 15.17.070(C)

Building Setbacks for the Multi-family Residential Zones

(3) When the combined area of the required setbacks from public streets exceed 25% of the total lot area, said setbacks may be reduced so as not to exceed 25% of the total lot area, subject to the approval of the Director of Development Services (see Figure 6).

(4) Windows of residential units on the same property may face each other, but they shall be separated by a minimum distance based on the type of room in where the window is located (living room/family room; bedroom/kitchen; stained glass/opaque/translucent/clerestory windows; or no windows) and the number of stories for the buildings. Table 15.17.070(D) shows the window-to-window separation requirements for units in buildings on the same property.

may face each other, but they shall be separated by a minimum distance based on the type of room in where the window is located (living room/family room; bedroom/kitchen; stained glass/opaque/translucent/clerestory windows; or no windows) and the number of stories for the buildings. Table 15.17.070(D) shows the window-to-window separation requirements for units in buildings on the same property.

(5) Windows in multiple-family residential units that face either a side or rear property line or an alley are subject to specific setbacks based on the building’s height and the type of room where the window is located. Table 15.17.070(E) shows the building setback requirement from a side or rear property line. The required setback from a public alley is 50% of the value shown in Table 15.17.070(E).

(a) Notwithstanding this division (B)(5), blank walls up to one story in height may be constructed on the property line.

(b) Notwithstanding the above setback requirements, a reduction of interior setbacks may be requested up to a maximum of five feet if the street setback is increased on a one-for-one basis, as long as an interior setback of seven feet is maintained.

(c) When a building has subterranean parking or a basement that elevates the first story at least three feet above natural grade, said subterranean parking or basement shall be considered one-half of a story for purposes of computing the required setback as shown in Table 15.17.070(E).

(d) The tiering of building setbacks according to the setback requirements of each story is permitted (see Figure 7).

Table 15.17.070(E) Window-to-Property Line Setback Requirements for Multiple-family Residential Zones Under Normal Design Circumstances Number of stories

Table 15.17.070(E)

(C) Maximum height requirements.

(1) The height limitations for the R-G, R-3R, R-3, R-3P, R-4 R-5 and R-MH Zones are shown in Table 15.17.070(F). In the case of a setback based on distance to a property with an R-1 Zone, the building setback is measured from the closest point along the property line with the R-1 Zone.

(2) If the multiple-family structures are down slope from an adjacent property that is zoned R-1 or R-1P, and a grade differential of more than ten feet exists between the building pad elevations, the height limitations of the multiple-family structures are two stories within 50 feet of the R-1 or R-1P zoned property and three stories within 50 to 100 feet of the R-1 or R-1P zoned property. If a grade differential of more than 20 feet exists, a three-story multiple-family building is allowed within 50 feet of R-1 and R-1P zoned property.

(3) In the multiple-family residential zones R-3, R-3P, R-3R, R-4 and R-5, where subterranean parking is used, and such parking area is a basement as defined in Chapter 15.04, then the story above said basement shall be considered the first story of the structure.

(D) Usable open space requirements.

(1) In multiple-family developments in the R-G, R-3R, R-3P, R-3, R-4 and R-MH Zones, each dwelling unit shall be provided at least one area of private usable open space in the form of fenced or screened patios, decks or balconies with minimum dimensions of at least six feet and a minimum area of at least 100 square feet. All such private open space areas may be counted on a one-for-one basis up to a total of one-third of the required open space.

(2) In multiple-family developments in the R-5 Zone, each dwelling unit shall be provided at least one area of private usable open space in the form of fenced or screened patios, decks or balconies with a minimum dimensions of at least six feet and a minimum area of at least 67 square feet. All such private open space areas may be counted on a one-for-one basis up to a total of one-third of the required open space.

(3) First story patios, decks or balconies that are elevated above natural grade by existence of subterranean parking or basement, shall not have dirt back-filled or deposited under the patios, decks or balconies and retained within five feet of a property line. Patio decks or balconies elevated above natural grade shall be at least five feet from any property line.

(4) Private usable open space shall not include any portion of off-street parking space, driveways, turnaround areas, required street setback area or any accessory building or rooftops, except those portions thereof used for outdoor living or recreational purposes.

(5) In R-5 Zones only, and only in those R-5 developments containing no dwelling unit of over one bedroom, up to 25% of any landscaped or recreational area developed and maintained above grade on top of buildings or site structures may be counted as open space rather than as covered space in computing total site coverage, provided that the area so counted shall not total more than 50% of the required site open space.

(6) In addition to private individual private open space areas as required by this division (D), multiple-family development shall also include common open space, as defined in § 15.17.040(C), based on the number of units and bedroom mix in accordance with Table 15.17.070(G).

(E) Parking requirements.

(1) Parking requirements for multiple-family dwellings in the R-G, R-3R, R-3, R-3P, R-4 and R-5 Zone classifications shall be in accordance with Table 15.17.070(H).

(2) Parking requirement reductions:

(a) In R-5 Zones only and only in those R-5 developments containing dwelling units of not more than one bedroom each, the required parking may be reduced upon the approval of a conditional use permit to a minimum of not less than one space per two dwelling units.

(b) In the R-3, R-4 and R-5 Zones, a reduction to one space per four dwelling units may be granted to federally and state subsidized retirement complex with the approval of a conditional use permit. In reviewing the conditional use permit, the factors to be considered shall include, but not be limited to, the projected population of the proposed development, the design of the building or development in relation to the ability to provide additional parking if needed, the possibility of contractual limitations on the ownership of vehicles, and the site’s proximity to shopping facilities, schools, recreation and cultural oppor-tunities.

(F) Fences and walls.

• (1) Fences and walls shall be regulated as outlined in § 15.17.050(G).

(2) A fence or wall over three feet in height and located within the required building setback area from a public street shall be subject to the approval of the Director of Development Services.

(G) Landscaping.

(1) All street and alley setbacks shall be landscaped except for pedestrian and vehicular accessways, parking areas or other non-irrigated areas designed for non-development (e.g., existing native vegetation).

• (2) All open parking areas (e.g., non- structured, non-garage) shall be landscaped such that:

(a) Planters with a total landscaped area equaling a minimum of 25 square feet per parking space, or 8% of the square footage of the open parking area, whichever is greater, shall be provided and distributed throughout the open parking area; and

(b) Trees with a total shaded area (e.g., the area under the tree canopy or dripline 15 years after installation) equaling a minimum of

50% of the square footage of the open parking area shall be provided and distributed throughout the open parking area.

(3) (a) Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:

1. Installation of new landscaped areas; or

2. Rehabilitation of existing landscaped areas where affected landscaped area is equal to or greater than 2,500 square feet.

(b) Installation of a new landscape area or areas less than 2,500 square feet in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50, Appendix A.

(c) New or rehabilitated projects using treated or untreated graywater or rainwater captured on-site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater captured on-site is subject only to Chapter 15.50, Appendix A.

(4) The governing documents of a common interest development (e.g., community apartment projects, condominium projects, planned develop- ments and stock cooperatives per Cal. Civil Code §§ 4075 through 4190) shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group or restricting compliance with a local water-efficient landscape ordinance or water conservation measure.

(H) Development standards for the Mobile Home (R-MH) Zone.

(1) (a) Any mobile home park shall have frontage on and vehicular access to a street having a minimum right-of-way width of 80 feet.

(b) No vehicular accessway shall be permitted except on such street and only one vehicular accessway shall be permitted per street frontage.

(2) (a) A decorative wall shall normally be constructed and maintained around the perimeter of mobile home parks except that along any public street it shall be set at the rear of the required setback.

(b) Under most circumstances said wall shall be six feet in height, however, the requirement for fencing and the type and height of such fencing may be varied in conformance with special topographical conditions, existing fences or specific design goals of the developer, subject to the approval of the Director of Development Services.

(3) All required setbacks and all incidental open space within the mobile home park shall be landscaped and maintained in accordance with an approved landscaping plan.

(4) Fire prevention and security features shall be provided in all mobile home parks as required by the Fire Chief.

(Ord. 2982, passed - -2001; Ord. 3134, passed - - 2009; Ord. 3226, passed - -2016; Ord. 3254, passed - -2018)

The following development standards apply to the HIOZ Zone. For mixed-use development projects, refer to Chapter 15.18 (Mixed-Use Development). Where conflicts between provisions exist, the more restrictive standard shall apply.

(A) Building standards.

• (1) Lot standards.

• (a) Lot standards shall be as prescribed in Table 15.17.075(A).

(b) Exception: The permitted lot area per dwelling unit shall be 1,600 square feet per unit when at least 80% required parking is fully below natural grade or when two pre-existing, legal lots are consolidated into one lot of 20,000 square feet or greater having access from a public alley.

Table 15.17.075(A)

Lot Requirements for the HIOZ

(2) Setbacks standards.

• (a) Building setback standards shall be as prescribed in Table 15.17.075(B) and as illustrated in Figure 1.

• (b) Exception: When the combined area of the required setbacks from public streets exceeds 25% of the total lot area, said setbacks

may be reduced so as not to exceed 25% of the total lot area, subject to the approval of the Director of Development Services.

• (c) The following elements are allowed to encroach into the setback:

(3) Step-back standards.

• (a) Building step-back standards shall be as prescribed in Table 15.17.075(C) and

• (b) Building step-backs shall be measured from the setback line.

• (c) Building step-backs shall occur for a minimum of 70% of the total facade length.

• (d) The following elements are allowed within the step-back:

1. Open space, per division (B) below;

2. Walls and fences, per division (B)(3) below; and

3. Landscaping, per division (B)(4) below.

• (4) Height standards.

(a) Building height standards for the HIOZ shall be as prescribed in Table 15.17.075(D).

(b) In the HIOZ, where subterranean parking is used, and such parking area is a basement, as defined in Chapter 15.04, then the story above said basement shall be considered the first story of the structure.

(5) Facade modulation and articulation standards.

(a) Facade break. A building facade with frontage along a street shall not span a continuous horizontal length greater than 150 feet unless it includes at least one break or interruption in the facade with a minimum length of 20 feet and minimum depth of five feet, as illustrated in Figure 4.

(b) Facade modulation and articulation. A building facade with frontage along a street shall not span a continuous horizontal length greater than 50 feet unless it articulates at least 25% of the total facade area utilizing at least one of the following techniques and as illustrated in Figure 5:

1. Building step-backs, recesses/reliefs and/or projections of at least two feet in depth;

2. Use of balconies, decks, porches, patios and/or terraces; and/or

3. Use of awnings, trellises, canopies, lattices, louvers, sunshades and/or other similar shading devices.

(c) Blank facades. All building facades at each level shall not span a continuous horizontal length greater than 20 feet unless it includes a facade opening, such as window or door, as shown in Figure 6.

(6) Ground floor standards.

(a) Building entries. Each building facade with frontage along a street shall provide a minimum of one ground floor building entry with a pedestrian connection, such as a sidewalk or walkway, to the street. All street-facing building entries shall be recessed a minimum of 30 inches from the facade.

(b) Ground floor dwelling units. Each individual ground floor dwelling unit with frontage along a street shall provide its own ground floor entry with a pedestrian connection, such as a sidewalk or walkway, to the street, as illustrated in Figure 7.

(c) Facade openings. Each ground floor facade shall dedicate at least 25% of the facade area to facade openings, such as windows or doors, as illustrated in Figure 8. The use of tinted, mirrored or reflective glass is prohibited.

(B) Open space standards.

(1) Private open space standards.

(a) Private open space standards for the HIOZ shall be as prescribed in Table 15.17.075(E).

(b) Each residential unit shall provide at least one private open space that is usable in the form of a balcony, deck, porch, patio or terrace that measures at least six feet in at least one direction.

(c) All such private open space areas may be counted on a one-for-one basis up to a total of one-third of the required open space.

(d) Private open spaces shall not include any portion of off-street parking space, driveways, turnaround areas, required street setback area or any accessory building or rooftops, except those portions thereof used for outdoor living or recreational purposes. Private open spaces shall also not be included within any common open space and any private open space occurring next to any common area shall be separated by a fence or wall architecturally designed to match the building.

(2) Common open space.

• (a) Multiple-family residential projects shall provide common open space as “usable open space” as defined in 15.17.040(C) (General Site Development Standards; Usable Open Space).

• (b) Common open space standards for the HIOZ shall be prescribed in Table 15.17.075(F) based on the number of units and bedroom mix.

• (c) Common open space shall be landscaped per division (B)(4) (Landscaping) below.

• (3) Fences and walls. Fences and walls shall be regulated as outlined in § 15.17.050(G) (Fences and Walls).

• (4) Landscaping.

(a) Applicability. Landscaping shall be regulated as outlined in Chapter 15.50 (Landscaping and Irrigation Requirements) for the following:

1. Installation of new landscaped areas;

2. Rehabilitation of existing landscaped areas where affected landscaped area is equal to or greater than 2,500 square feet;

3. Installation of new landscape areas less than 2,500 square feet in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50, Appendix A; or

4. New or rehabilitated projects using treated or untreated graywater or rainwater captured on-site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater captured on-site is subject only to Chapter 15.50, Appendix A.

• (b) Setbacks. All street and alley setbacks shall be landscaped except for pedestrian and vehicular accessways, or other non-irrigated areas designed for non-development (e.g., existing native vegetation).

• (c) Parking areas. All open parking areas shall be landscaped and shall provide the following.

1. Planters with a total landscaped area of a minimum of 25 square feet per parking space or 8% of the total area of the open parking area, whichever is greater. Planters should be distributed throughout the open parking area.

2. Trees with a total shaded area (e.g., the area under the tree canopy or dripline 15 years after installation) of a minimum of 50% of the total area of the open parking area. Trees should be distributed throughout the open parking area.

• (d) Common open spaces. All common open space areas shall be landscaped and shall provide the following.

1. Landscaping: A minimum of 25% of outdoor common open space shall be a planted area with a minimum dimension of 30 inches in any direction.

2. Trees: A minimum of one 24-inch box tree for every 500 square feet of outdoor common open space shall be planted within the common open space. For projects with two or more trees, a minimum of 50% of all trees planted shall be shade trees.

3. For projects greater than five acres in size. Pedestrian accessways and publicly accessible usable open space shall be provided per division (D)(3) below.

• (C) Parking standards.

• (1) Off-street parking standards.

(a) Off-street parking for Multiple- Family Residential Zones shall be regulated as outlined in § 15.17.080 (Parking Standards) and this section.

• (b) Off-street parking standards for Multiple-Family Residential Zones shall be prescribed in Table 15.17.075(G).

(c) For projects within one-half mile of public transit per Cal. Gov’t Code § 65863.2, off-street parking minimum requirements shall be waived.

(d) For HIOZ projects, at the applicant’s option, vehicular parking spaces may be leased separately from the lease of the dwelling unit.

• (2) Vehicular access and layout standards.

(a) At-grade (surface) parking is prohibited within any street setback. Entry/exit openings, driveways, curb cuts and access lanes for vehicular access, fire access, utilities access or pedestrian access are exempt from this requirement.

(b) Above-grade structured parking facing a street shall be screened by landscaping or buildings so that it is not visible from the street. Entry/exit openings, driveways, curb cuts and access lanes for vehicular access, fire access, utilities access or pedestrian access are exempt from this requirement.

• (c) Below-grade structured parking is exempt from street setback requirements.

• (D) Site standards.

• (1) Access and circulation standards. In order of priority and subject to approval by the Director of Community and Economic Development and the city’s Traffic Engineer, vehicular access shall be provided from:

• (a) An alley, rear street or perimeter drive aisle;

• (b) A side street;

• (c) An existing or relocated access point on a front street; and

• (d) A new access point on a front street.

• (2) Trash, storage and mechanical equipment.

• (a) Utility meters and connections, air conditioning condensers, ducting/venting, panels, roof ladders and similar equipment shall be

screened from view from the street (public and internal) and shall not be located within any required open space or setback area. Screening techniques range from the use of landscaping to placement in concealed rooms or closets for equipment on the ground. Roofs shall be of a form or height to provide screening for roof-mounted equipment. Alternatively, roof screening that is consistent with the architecture of the building may be used.

(b) No trash enclosure shall be located in any required open space or setback area, within direct view of a street. For projects utilizing exterior trash enclosures, the following requirements shall be met.

1. Enclosure shall be constructed of masonry with walls a minimum of six feet in height and finished to match the main building.

2. Enclosure shall be finished with a solid roof designed to architecturally match the main building.

3. Enclosure shall be finished with solid metal doors.

4. Enclosure shall be provided with hose bib and floor drain connected to the sanitary sewer to facilitate regular cleaning.

• (c) The outdoor storage of materials, products, supplies and containers shall be prohibited.

(3) Standards for projects greater than five acres in size. Projects on sites with an area of five acres or more shall provide the following.

(a) 1. Pedestrian walkways shall connect all buildings in a project to each other, to on-site parking areas, to on-site publicly accessible open spaces, to other on-site amenities and to the public sidewalk along each abutting public right-of-way.

2. Pedestrian walkways shall be continuous. Where an interruption occurs, such as at a driveway, drive aisle or street, the pedestrian walkway shall maintain a direct connection via a marked crosswalk or similar feature.

• (b) A publicly accessible usable open space shall be provided. in addition to any required common open space, per the following.

1. Open space shall provide a minimum area equivalent to 5% of the total floor area of the project.

2. Open space shall be a usable outdoor space and may include. but is not limited to, parks, plazas, courtyards, paseos, arcades or other similar open spaces that allow for public leisure, recreation and/or gathering.

3. Open space shall provide access to a public right-of-way and be usable, open and accessible to all residents, tenants, patrons and the public in a project at a minimum between 8:00 a.m. and 8:00 p.m.

4. Open space shall provide at least one contiguous area with a minimum area of 400 square feet and a minimum length and width of 20 feet.

5. Open space shall be land- scaped for a minimum of 25% of the total area.

6. Open space shall be hard- scaped for a minimum of 25% of the total area.

7. Open space shall provide a minimum of one seat for every 200 square feet of the total area, where seating may be permanent or movable and may be in the form of a chair, bench, ledge, low wall or other similar usable seating arrangement.

8. Required common open spaces shall not count towards required publicly accessible open spaces.

• (Ord. 3335, passed 1-21-2025; Ord. 3337, passed 3-4-2025)

(A) Number of parking spaces.

• (1) Parking requirements are listed in § 15.17.050(F) for property with an R-1 and R-2 Zone, and § 15.17.070(E) for Zones R-G through R-5.

• (2) In the R-MH Zone, parking shall be provided at the ratio of two open spaces per mobile home, plus one open space per every five mobile homes for guest parking.

• (3) Parking requirements for a dormitory, fraternity, sorority or lodging house shall be one-half space, open or enclosed, per planned resident.

• (4) All other uses shall require parking as indicated in Chapter 15.55 of this title.

(B) Resident parking.

• (1) Required parking for residents shall be within a garage or a covered carport, as allowed by this subdivision.

• (2) Garages shall be enclosed on three sides and equipped with a door for the vehicular entrance on the fourth side other than as noted below. (a) Except in R-1, R-1P, R-2 and R-2P Zones, the garage doors may be eliminated from all garages that are not visible from the public street. (b) Except in R-1, R-1P, R-2 and R-2P Zones, covered carports may be substituted for garages if the structure is not visible from a public street.

(c) In the case of city-sponsored housing rehabilitation programs, a committee consis- ting of the Director of Community and Economic Development or his or her designee, the Director of Public Works or his or her designee, upon the conclusion of a public hearing held pursuant to Chapter 15.76 of this title, may modify the resident parking requirement to an extent commensurate with the value and situation of the housing being rehabilitated.

• (3) Required parking for residents with disabilities shall be provided in accordance with City Building Code.

(4) Existing multiple-family housing developments in the R-G, R3-R, R-3, R-4 and R-5 Zones may utilize mechanical parking devices and tandem parking to increase the parking supply, subject to approval of a minor site plan application and compliance with the following provisions.

(a) Mechanical parking devices.

1. Parking spaces in a vertically stacked configuration shall be assigned to the same unit.

2. Vertically stacked parking spaces shall require use of a key or other locking mechanism to prevent unauthorized access to the device and vehicles.

3. Manual override shall be provided to allow the upper vehicle to be accessed and removed during a power outage.

4. Property owner shall maintain parking lifts at regular intervals per manufacturer recommendations, and provide for 24-hour emergency service.

5. Parking lifts must be designed to accommodate mid-sized (or larger) SUVs.

6. Mechanical parking devices may not be used for oversized vehicles, guest parking spaces and parking spaces for persons with disabilities.

7. Parking lifts shall be designed to prevent vehicle fluids and/or debris from the upper vehicle spilling onto the lower vehicle.

8. Vertically stacked parking spaces shall not be utilized to store non-operative vehicles.

9. Mechanical parking devices may be located in a garage or carport, or may be unenclosed provided they are screened so as not to be readily visible from a public street and adjacent properties, as determined by the Director of Community and Economic Development through the site plan review process. The Director of Community and Economic Development may further authorize removal of existing garages or carports if necessary to accommodate parking devices.

10. Vertically stacked parking spaces shall be located in compliance with development standards for the zone in which they are located, including, but not limited to, height, setback and driveway requirements. The Director of Community and Economic Development may grant a reduction in setback for mechanical parking devices as part of the minor site plan review under all of the following conditions:

• a. The mechanical devices will provide parking to meet existing demand on the project site;

• b. The parking cannot be accommodated in any other manner on the property; and

• c. The installation complies with all other provisions of this division (B)(4)(a).

• (b) Tandem parking. Tandem parking shall be permitted subject to the following provisions:

1. Minimum parking stall dimensions shall comply with requirements for standard size parking spaces.

2. Tandem parking spaces shall be utilized for resident parking only and shall be assigned to the same unit.

3. Inoperable vehicles shall not be stored in tandem parking spaces.

4. No more than 50% of the parking shall be provided as tandem spaces.

• (5) New construction of multiple-family housing developments in the R-G, R3-R, R-3, R-4 and R-5 Zones may utilize mechanical parking devices and tandem parking subject to the requirements listed in the following divisions. The parking configuration, including proposed parking devices, shall be considered as part of the major or minor site plan, or other application as may be required for the development.

• (a) Mechanical parking devices.

1. Parking spaces provided in a stacked configuration shall be assigned to the same unit.

2. Vertically stacked parking spaces shall require use of a key or other locking mechanism to prevent unauthorized access to the device and vehicles.

3. Manual override shall be provided to allow the upper vehicle to be accessed and removed during a power outage.

4. Property owner shall maintain parking lifts at regular intervals per manufacturer recommendations and provide for 24-hour emergency service.

5. Parking lifts shall be designed to accommodate mid-sized (or larger) SUVs.

6. No more than 50% of required parking shall be provided by mechanical devices. Surface parking shall be provided to accommodate oversize vehicles, guest parking spaces and parking spaces for persons with disabilities.

7. Parking lifts shall be designed to prevent vehicle fluids and/or debris from the upper vehicle spilling onto the lower vehicle.

8. Vertically stacked parking spaces shall not be utilized to store non-operative vehicles.

9. Mechanical parking devices may be located in a garage or carport, or may be unenclosed provided they are screened so as not to be visible from a public street or adjacent properties.

10. Vertically stacked parking spaces shall be located in compliance with development standards for the zone in which they are located, including, but not limited to, height, setback and driveway requirements.

• (b) Tandem parking. Tandem parking shall be subject to the following provisions:

1. Minimum parking stall dimensions shall comply with requirements for standard size parking spaces.

2. Tandem parking spaces shall be utilized for resident parking only and shall be assigned to the same unit.

3. Inoperable vehicles shall not be stored in tandem parking spaces.

4. Tandem parking shall not cause the property to exceed the applicable lot coverage standard.

5. No more than 50% of the parking shall be provided as tandem spaces.

• (c) Combination. A maximum of 50% of the resident parking may be provided by any combination of mechanical parking devices and tandem parking spaces.

(C) Guest parking.

(1) All required parking for guests shall be open and uncovered, clearly marked and signed and accessible at all times.

(2) Guest parking shall be evenly distributed throughout the development for the convenience of the guests. In condominium, stock cooperative or community apartment projects, the required guest parking spaces shall not be individually sold or assigned to particular units, unless the city approves a conditional use permit to allow such a use.

(3) A signing program for the required guest parking shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits.

(4) If security gates are utilized for the parking area, either all of the required guest parking must be outside the gates and available for the convenience of guests, or a direct phone system to all the units must be installed. Any such installation shall fully comply with any conditions of approval attached to the proposal by the Zoning Administrator, including the need for building and electrical permits prior to the start of work.

(D) Stall size.

(1) A standard size parking space shall have a minimum length of 19 feet and width of nine feet.

(2) Compact car stalls, of a size no smaller than 16 feet in length by eight feet in width, are permitted up to a maximum of 30% of the required parking.

(3) The size of required parking for persons with disabilities shall comply with Title 24 of the State Building Code, including 24 C.C.R. Part 2, Chapter 11B, Division 4, §§ 11B-502.2 et seq.

(4) Whenever a parking space is adjacent to a wall, its width shall be increased one-half foot from its normal dimension. (E) Location of parking.

(1) Required off-street parking spaces shall be located on the same lot or building site, except that such required spaces may be permitted at other locations when and as approved by a conditional use permit.

(2) Parking is permitted in a front yard setback on a driveway leading to a parking space that is located outside of the front yard setback area. Parking is not permitted in any front yard setback area that is not an approved driveway.

(3) In any residential zone classification, other than the PRD Zone, garages with an opening facing a public street equipped with a door swinging outward will be set back at least 25 feet from the street right-of-way line, and garages with an opening facing a public street equipped with a sectional, roll-up door will be set back at least 20 feet from the street right-of-way; garages with an opening facing a public alley will be set back at least five feet from the common property line with such alley.

(4) If security gates are utilized for the parking area, either all of the required guest parking must be outside the gates and available for the convenience of guests, or a direct phone system to all the units must be installed. Any such installation shall fully comply with any conditions of approval attached to the proposal by the Staff Review Committee, including the need for building and electrical permits prior to the start of work.

(5) Required parking spaces may overhang two feet over landscaped areas and walkways, other than street rights-of-way, provided the total depth of any such landscaped area or walkway is at least six feet.

(6) Where it can be shown that required parking will not actually be utilized more than a few hours a week, such parking may be provided as ground cover landscaping, subject to the approval of a conditional use permit.

(F) Use of parking.

(1) All parking required for apartments, four or more units in size, in a multi-family residential zone classification by this section is, and has been established as, necessary to accommodate the needs of residents and guests of the project for which the parking is required. The specific intent of this provision is to ensure that all tenants have access to parking in connection with their rental of an apartment unit, to the extent that it exists, and to ensure that all existing parking is used only by the tenants of the corresponding rental unit, except as otherwise provided in this section.

(2) Each resident parking space shall be specifically and exclusively assigned to a rental unit according to the requirements of §§ 15.17.050(F) and 15.17.070(E). Residential parking at apartment buildings or complexes four or more units in size must be assigned according to the charts in §§ 15.17.050(F) and 15.17.070(E), such that each apartment unit has reserved for its sole and exclusive use that whole number of parking spaces mandated by these sections. The tenants of each rental unit will have sole and exclusive use of that unit’s assigned parking spaces, except as otherwise provided in this section. Guest parking shown on plans for the apartment units/ complex at the time of site plan or other approval and any additional guest parking required by subsequent approvals shall be maintained exclusively for guests of tenants.

ted by these sections. The tenants of each rental unit will have sole and exclusive use of that unit’s assigned parking spaces, except as otherwise provided in this section. Guest parking shown on plans for the apartment units/ complex at the time of site plan or other approval and any additional guest parking required by subsequent approvals shall be maintained exclusively for guests of tenants.

(3) (a) Such required resident parking shall not be: rented, let or used for storage which would impede use of the resident parking space for parking, or occupancy of any kind by nonresidents of the project; rented or let by tenants to other tenants or to the landlord; or rented, let or used for storage of any kind which would impede use of the resident parking space for parking by the landlord to any other tenant within the same building or complex, unless a conditional use permit is approved to allow such uses and occupancy. However, as to any tenant who does not require a vehicle parking space, the landlord may allow that tenant’s assigned parking space to be used by another tenant of the building or complex provided that no fee or charge may be made for such use.

(b) Required guest parking shall not be: rented, let or used for storage or other than temporary occupancy by tenants and guests of the project; rented or let by tenants to other tenants or to the landlord; or rented, let or used for storage of any kind by the landlord to any other tenant within the same building or complex, unless a conditional use permit is approved to allow such uses and occupancy.

(4) For any apartment building or complex consisting of four or more units which was built prior to 1950 and which does not have at least one on-site parking space per unit, no unit shall be assigned more than one on-site parking space so long as the legal nonconformity exists, and those on-site spaces which are available shall be assigned exclusively to tenants, on an equitable basis, such as by seniority of

residence, drawing by lot, issuance of one parking decal or permit to each tenant and allowing tenant parking on a first come first served basis for permitted vehicles, or similar equitable methodology. Any tenant who does not require a vehicle parking space need not be included in the equitable distribution system.

(5) All landlords and tenants affected by any changes to this section must comply with these provisions within 90 days of the effective date of this section. Thereafter, violations of these provisions shall be punished pursuant to § 1.08.010 of this code.

(6) Any landlord who is unable to comply with the provisions of this section due to the existence of insufficient on-site parking spaces to comply with this section, or because of the existence of a lawful and valid agreement for rental of parking spaces to non-tenants or for more than the required number of spaces to particular tenants, which provides for a fixed term and was entered into prior to March 1, 2005, may seek an extension of time to comply with the provisions of this section. The purpose of an extension of time shall be to provide a reasonable opportunity to amortize the property owners investment in cases of economic hardship while making every effort to ensure that parking spaces are made available to tenants as required herein as expeditiously as possible. The application for extension provides a process for the city to review the applicant’s statement relating to alleged economic hardship arising from compliance with this section, the nonconformity’s impact on the community and consistency with current city goals and policies, and to provide an opportunity for the owner of such a property to address his or her plans for the property and the reasons why amortization of the investment involved could not be accomplished in the 90-day amortization period provided in this chapter.

(7) The owner of property who seeks to extend the period in which to comply with the provisions of this section, or his or her authorized agent, may file an application for extension of the amortization period. Such applications shall be filed and considered pursuant to the following procedures:

(a) Extensions by Development Services Director. The Development Services Director may extend the original amortization period, upon the filing of an application for extension in accordance with this chapter demonstrating reasonable need, in the following circumstances:

1. Where there is insufficient on-site parking spaces to comply with this section and the owner demonstrates a need for additional time to implement an equitable allocation of existing spaces among tenants; and/or

2. The owner/landlord entered into an agreement for rental of parking spaces to non-tenants or for more than the required number of spaces to particular tenants, which provides for a fixed term (i.e., is not month to month) and was entered into prior to March 1, 2005.

(b) Consideration. To receive such extension consideration, the property owner shall request an extension in writing on forms prepared for that purpose, no later than 30 days prior to the expiration of the amortization period as set forth in this chapter, including a full explanation of the reason why the extension should be granted. Applications for extension shall be filed with the Director of Development Services. Any decision of the Director of Development Services under this section may be appealed to the Planning Commission within ten days of issuance of the written notice of the Director’s decision. In the absence of a timely filing of an appeal of the decision of the Development Services Director to the Planning Commission, the decision of the Development Services Director shall be final and conclusive as of the date it is mailed to the property owner. Upon any timely appeal to the Planning Commission, its decision shall be final and conclusive as of the date of the adoption of the resolution granting or denying extension.

(c) Extension findings. The following shall constitute the findings for granting an application for extension. The hearing body may grant the extension only upon making all of the required findings based upon the evidence presented at the hearing. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts supporting the conclusion that the findings as set forth below can be made:

1. The property owner or applicant or both will suffer severe economic hardship unless an extension of the amortization time is granted;

2. The severe economic hardship is not the result of actions undertaken voluntarily by the property owner or applicant;

3. The property owner and applicant have taken all reasonable and necessary steps to bring the property into conformity or mitigate the effects of its nonconformity within the amortization period permitted; and

4. It is not reasonably feasible to provide the minimum number of parking spaces required by this code and to allocate them for tenants’ use only as required, or it is not reasonably feasible to terminate existing parking space lease agreements which extend beyond 90 days from the effective date of this section.

• (d) Exceptions.

1. No extension of amortization may be granted if continuation of noncompliance with the requirements of this chapter will unreasonably interfere with the use, possession or enjoyment of surrounding and adjacent properties, or the harm caused by allowing extension of the amortization period outweighs any demonstrated hardship upon the property owner seeking an extension. Under no circumstances shall an extension of the amortization period be granted for a period longer than one year.

2. For apartment building owners who are unable to comply with this section due to physical limitations of the existing property and buildings thereon, a variance from the provisions of this chapter must be sought prior to the expiration of the amortization period and any extension thereof.

(Ord. 2982, passed - -2001; Ord. 3062, passed - -2005; Ord. 3131, passed - -2009; Ord. 3197, passed - -2013; Ord. 3254, passed - -2018)

• (A) Access.

• (1) All required parking spaces shall have access to a public street or alley.

• (2) An adequate driveway “throat” shall be provided from the public street, unencumbered by parking spaces, turnaround areas or security gates, subject to the approval of the Director of Public Works.

(3) In the multiple-family residential Zones R-3R, R-3, R-3P, R-G, R-4 and R-5, when subterranean parking is used the ramp down to the garage shall have a transition or vertical curve for ten feet measured horizontally from the street or alley toward the garage. Ramps shall have a maximum slope of 20% designed so that there is a maximum break in grade of 10%, with a minimum transition or vertical curve of five feet between major grade breaks. No parking shall be allowed to use for turnaround area and ramp with a slope greater than 5%.

(B) Standards for driveways on property with an R-1, R-2 or any Residential Preservation Zone classification.

(1) One-way driveways and driveways providing access to ten or less parking spaces shall have a minimum width of 12 feet, except for driveways in the R-1P, R-2P and R-3P Zone classifications, where the maximum width is nine feet. Driveways should be spaced a minimum of one foot from the property line of an adjacent lot.

(2) A “U”-shaped driveway, where the driveway has more than one point of access from a public street, may be allowed subject to the following conditions (see Figure 8):

• (a) The distance between the points of access from the public street shall be at least 30 feet.

• (b) The distance from the front property line to the center point of the driveway curve shall be at least ten feet.

• (c) The area of the proposed driveway shall be no more than 50% of the required front yard setback area.

• (d) Counting the proposed driveway area, the property shall comply with the lot coverage requirement for the zone.

• (C) Standards for driveways on property with a multiple-family residential zone classification.

• (1) One-way driveways shall have a minimum width of 12 feet. Two-way driveways shall have a minimum width of 25 feet.

• (2) Driveways should be located a minimum of one foot from the property line of an adjacent lot.

• (3) Turnaround aisles and drives shall be subject to the approval of the Director of Development Services.

(4) Driveways and/or turnaround aisles serving ten or more parking spaces shall not be dead-ended unless a turnaround or backup area is provided to the satisfaction of the Director of Development Services.

(Ord. 2982, passed - -2001)

(A) Applicability and effect. Any proposal to convert existing occupied rental housing projects into a residential condominium project, as defined in Cal. Civil Code §§ 783 and 4125, community apartment project, as defined in Cal. Business and Professions Code § 11004, or stock cooperative, as defined in Cal. Business and Professions Code § 11003.2 (collectively referred to as “residential conversion”), shall comply with the provisions and standards of this section.

(B) Current building and zoning code requirements to be met. No proposed residential conversion shall be approved unless the

Development Services Department reports to the Planning Commission and/or the City Council that, based upon examination of the original site and building plans, the project meets all current Zoning and Building Code requirements and the Council and/or Planning Commission finds such report to be true.

(C) Vacancy rate limitation. No proposed residential conversions, as previously defined, shall be approved when the last vacancy rate, as established by the annual Federal Department of Housing and Urban Development apartment survey (or a similar survey approved by the Director of Development Services) for apartments being offered for lease or rent within the city, is equal to or less than 3%. However, a proposed residential conversion involving a project where there is an agreement with the City Redevelopment Agency or the city to provide affordable housing may be approved even if the vacancy rate is below 3%.

(D) Tenant relocation.

(1) Prior to filing a tentative map or tentative parcel map for a residential conversion, the subdivider shall prepare a report describing steps they intend to take in order to ensure the successful relocation of each tenant in the event that conversion takes place. The report, to be submitted to the city and to be given to all tenants along with a notice of the proposed conversion, shall specifically state what assistance will be provided to tenants such as the elderly, the handicapped or families with children who may encounter difficulty finding new quarters.

(2) In order to reduce the number of tenants being displaced, the residential subdivider shall consider incentives and inducements that would permit tenants to become owners in the converted project. The subdivider shall also consider allowing hard to relocate tenants to remain as tenants, or giving such tenants additional time for permanent relocation.

(3) The report shall also include a list of apartment vacancies within the city or within a five-mile range of the project, at least equal in number to the units that would be converted, which are in the same rental range.

(4) The residential subdivider shall certify that all tenants have been delivered a copy of said report within the last 30 days preceding filing of the tentative map for said conversion.

(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003)

(A) Intent. It is the intent of the city to permit accessory dwelling units (ADU) and junior accessory dwelling units (JADU), in conformance with state law, on lots in residential zones, when subject to development standards that will ensure the unit contributes to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of the residential neighborhood in which it is located.

(B) Applicability and effect. An accessory dwelling unit and/or junior accessory dwelling unit which conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing General Plan and zoning designations for the property.

(C) Standards and limitations. Units meeting all of the following criteria shall be reviewed ministerially, subject to the issuance of a building permit and shall demonstrate compliance with all of the standards and limitations set forth in this section, to the satisfaction of the Community and Economic Development Director.

(1) Accessory dwelling units; existing building or structure.

(a) Applicability. The provisions of this division (C)(1) apply to ADUs constructed: within the existing space of a dwelling or structure, including a garage; as an added story on top of an existing dwelling or structure; or in the same location and to the same dimensions as an existing structure.

• (b) Number of ADUs.

1. Properties with an R-1/R-1P Zone classification shall be limited to no more than one ADU.

2. Properties with an O-P Zone classification currently developed with a building originally constructed as a single-family residence (regardless of current use) shall be limited to no more than one ADU, subject to the following: an ADU shall be allowed within the portions of the single-family residence structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements or garages, provided that each unit complies with state building standards for dwellings.

3. Properties with an R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD Zone classification containing fewer than eight units shall be limited to no more than one ADU, subject to the following: an ADU shall be allowed within the portions of an existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements or garages, provided that each unit complies with state building standards for dwellings.

4. Properties with an R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD Zone classification containing eight or more units shall be limited to no more than the number of ADUs which equates to 25% of the total existing units, subject to the following.

a. An ADU shall be allowed within the portions of an existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements or garages, provided that each unit complies with state building standards for dwellings.

b. All calculations resulting in fractional units shall be rounded down to the nearest whole number.

(c) Number of bedrooms. An ADU shall contain no more than two bedrooms as defined in § 15.04.040.

(d) Size.

1. When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, it shall be limited in size to the existing square footage of the building or structure converted or replaced, except that the existing building or structure may be expanded up to 150 square feet for the purposes of ingress and egress to the ADU only.

2. When an ADU is constructed above an existing building or structure, it shall be limited in size to the footprint of the existing building or structure on which it sits, except that either the existing building or structure or ADU may be expanded up to 150 square feet for the purposes of ingress and egress to the ADU only.

(e) Access. An ADU shall have independent access from the outdoors, separate from exterior access to the primary dwelling unit; however interior access between the ADU and primary dwelling unit may also be provided.

(f) Setbacks.

1. When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, no additional building setback is required, subject to compliance with fire safety requirements.

2. When an ADU is constructed above an existing building or structure, no additional building setback is required, subject to compliance with fire safety requirements.

3. When an existing building or structure is expanded pursuant to division (C)(1)(d) above, a minimum four-foot side and rear setback shall be required, subject to compliance with fire safety requirements. The expansion shall comply with the front setback requirements of the zone classification.

• (g) Height.

1. When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, no height standards apply.

2. When an ADU is constructed above an existing building or structure, the maximum height requirements of the zone classification shall be in effect.

• (h) Open space. Not applicable.

• (i) Lot coverage. Not applicable.

• (j) Parking.

1. No parking is required for the ADU.

2. When an ADU is constructed from the conversion of an existing garage, carport or other covered parking structure, no replacement parking is required for the primary dwelling unit.

• (k) Architectural compatibility. Not applicable.

• (l) Development impact fees. An ADU shall not be considered a new residential unit for purposes of calculating impact fees such as park dwelling or traffic.

• (m) Utilities. An ADU shall not be considered a new residential unit for purposes of calculating connection fees or capacity charges for utilities. No new or separate utility connection between the ADU and the utility shall be required.

• (n) Fire sprinklers. Fire sprinklers shall not be required for an ADU unless they are also required for the primary dwelling unit.

(o) Subdivision. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the ADU and the primary dwelling unit, except the ADU may be sold or conveyed separately from the primary residence to a qualified buyer when the property was developed by a qualified nonprofit corporation, pursuant to Cal. Gov’t Code § 66341.

• (p) Occupancy. The ADU shall not be rented out for less than 31 consecutive calendar days.

(q) Legalizing. An existing nonconforming or unpermitted dwelling unit may be legalized as an ADU in accordance with Table 15.17.020(A) if it meets or can be improved to meet all requirements of this division (C)(1), subject to allowances pursuant to Cal. Health and Safety Code, Division 13, Part 1.5, Chapter 5, Article 1 (commencing with § 17960) relating to enforcing Building Code standards. Nothing in this division (C)(1)(q) shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for an ADU.

• (2) Accessory dwelling units; new construction.

(a) Applicability. The provisions of this division (C)(2) apply to ADUs: attached to an existing or proposed dwelling; detached from an existing or proposed dwelling whether or not the ADU is freestanding or attached to a detached accessory structure; or for any construction not covered by divisions (C)(1) and (C)(3) above, including, but not limited to, the expansion of an existing building or structure by more than 150 square feet.

• (b) Number of ADUs.

1. Properties with an R-1/R-1P Zone classification shall be limited to no more than one ADU, subject to the following. The provision of a detached ADU does not preclude a property from having a JADU.

a. Construction of an ADU shall be permitted on a property only if it has an existing or proposed primary dwelling unit.

• b. When an ADU and primary dwelling unit are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling unit.

2. Properties with an O-P Zone classification currently developed with a building originally constructed as a single-family residence (regardless of current use) shall be limited to no more than one ADU.

3. Properties with an R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD Zone classification shall be limited to no more than two detached ADUs, subject to the following.

a. Construction of an ADU shall be permitted on a property only if it has an existing or proposed primary dwelling unit.

• b. When an ADU and primary dwelling unit are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling unit.

• (c) Number of bedrooms. An ADU shall contain no more than two bedrooms as defined in § 15.04.040. (d) Size.

1. When an ADU is attached to the primary dwelling unit and complies with the development standards as specified below, the maximum floor area shall be the greater of 50% of the floor area of the primary dwelling unit or 1,000 square feet, not to exceed 1,200

square feet, and shall be no less than 150 square feet.

2. When an ADU is detached from the primary dwelling unit and complies with the development standards as specified below, the floor area shall not exceed 1,200 square feet and shall be no less than 150 square feet.

3. When an ADU is attached or detached and the application of the development standards related to open space and lot coverage prohibit an ADU of at least 800 square feet, these standards shall be waived to allow construction of an ADU of up to 800 square feet.

• (e) Access. An ADU shall have independent access from the outdoors, separate from exterior access to the primary dwelling unit; however interior access between an attached ADU and primary dwelling unit may also be provided.

• (f) Setbacks.

1. When an ADU is attached to the primary dwelling unit, a minimum four-foot side and rear setback shall be required, subject to compliance with fire safety requirements. The new construction shall comply with the front setback requirements of the zone classification.

2. When an ADU is detached from the primary dwelling unit, a minimum four-foot side and rear setback shall be required, subject to compliance with fire safety requirements. The new construction shall comply with the front setback requirements of the zone classification.

3. When an attached or detached ADU is constructed pursuant to division (C)(2)(d)3. above, a minimum four-foot side and rear setback shall be required, subject to compliance with fire safety requirements. The new construction shall comply with the front setback requirements of the zone classification.

• (g) Height.

1. When an ADU is attached to or detached from the primary dwelling unit, the maximum height requirements of the zone classification shall be in effect, including § 15.17.050(C)(2) which limits the building area of a second story in the R-1/R-1P Zone classifications to 70% of the building area contained on the first story.

2. When an attached or detached ADU is constructed pursuant to division (C)(2)(d)3. above, the maximum height shall be one-story.

• (h) Open space. When an ADU is attached to or detached from the primary dwelling unit, the property shall continue to meet the open space requirements for the primary dwelling. For purposes of determining the amount of required open space, the bedrooms of the ADU are excluded.

(i) Lot coverage. When an ADU is attached to or detached from the primary dwelling unit, the property shall continue to meet the lot coverage requirements for the primary dwelling. For purposes of determining the amount of required lot coverage, the area of the ADU is excluded.

• (j) Parking. The parking for the ADU shall be in addition to the parking requirement for the primary dwelling unit subject to the following provisions.

1. One parking space is required for each ADU, except as provided in division (C)(2)(j)3. below.

2. The parking for the ADU may be located in any configuration on the property, including, but not limited to, covered spaces, uncovered spaces or tandem spaces, subject to the following.

a. The parking space shall have access to a public street or alley from an improved driveway, constructed pursuant to §

• 15.56.130(A) for materials and § 15.17.085(B) or (C), as applicable, for dimensions.

b. The parking space shall have minimum dimensions of nine feet in width and 19 feet in length.

• c. The parking space may be located in the front setback of the zone classification.

3. No additional parking for the ADU is required under any of the following circumstances.

a. The property is located within a one-half mile walking route of public transit.

b. On-street parking permits are required but not offered to the occupant of the ADU.

c. There is a car share vehicle located within one block of the ADU.

d. The property has a zone classification which includes designation as preservation “P” Zone or is individually listed on the city’s local register of historic resources and the Director of Community and Economic Development determines that the provision of parking for the ADU is detrimental to the primary dwelling and/or contrary to the city’s goal and policies with respect to Historic Preservation identified in the city’s General Plan.

(k) Architectural compatibility. When visible from the public right-of-way (including from a public alley), the architectural design of an attached or detached ADU shall be visually compatible with the primary dwelling unit and with the neighborhood character.

(l) Development impact fees. An ADU shall not be considered a new residential unit for purposes of calculating impact fees such as park dwelling or traffic.

(m) Utilities. An ADU shall be considered a new residential unit for purposes of calculating connection fees or capacity charges for utilities when a separate connection is requested or required.

• (n) Fire sprinklers. Fire sprinklers shall not be required for an ADU unless they are also required for the primary dwelling unit.

• (o) Subdivision. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the ADU and the primary dwelling unit, except the ADU may be sold or conveyed separately from the primary residence to a qualified buyer when the

property was developed by a qualified nonprofit corporation, pursuant to Cal. Gov’t Code § 66341.

• (p) Occupancy. The ADU shall not be rented out for less than 31 consecutive calendar days.

(q) Legalizing. An existing nonconforming or unpermitted habitable building, structure or dwelling unit may be legalized as an ADU in accordance with Table 15.17.020(A) if it meets or can be improved to meet all requirements of this division (C)(2), subject to allowances pursuant to Cal. Health and Safety Code, Division 13, Part 1.5, Chapter 5, Article 1 (commencing with § 17960) relating to enforcing Building Code standards. Nothing in this division (C)(2)(q) shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition for approval for an ADU.

• (3) Junior accessory dwelling units.

• (a) Applicability. The provisions of this division (C)(3) apply to JADUs constructed within the walls of an existing or proposed single-family residence, excluding any attached or detached garage.

• (b) Number of JADUs.

1. Properties with an R-1/R-1P Zone classification shall be limited to no more than one JADU, subject to the following.

• a. The property may not have an existing or proposed ADU, unless the ADU is detached from the single-family residence.

• b. The JADU shall include a kitchen with a cooking facility with appliances, a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

• c. When a JADU and primary dwelling are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling.

2. Properties with an O-P Zone classification currently developed with a building originally constructed as a single-family residence (regardless of current use) shall be limited to no more than one JADU, subject to the following.

• a. The property may not have an existing or proposed ADU.

• b. The JADU shall include a kitchen with a cooking facility with appliances, a food preparation counter and storage cabinets that are a reasonable size in relation to the size of the JADU.

3. Properties with an R-2, R-2P, R-G, R-3R, R-3P, R-3, R-4, R-5, C-3 and SPD Zone classification that are currently developed with an existing single-family residence shall be limited to no more than one JADU, subject to the following. Construction of a JADU is not permitted on a property with an existing multi-family residence.

• a. The property may not have an existing or proposed ADU, unless the ADU is detached from the single-family residence.

• b. The JADU shall include a kitchen with a cooking facility with appliances, a food preparation counter and storage cabinets that are a reasonable size in relation to the size of the JADU.

• c. When a JADU and primary dwelling are built concurrently, occupancy must be first, or at a minimum concurrently, approved for the primary dwelling.

• (c) Number of bedrooms. A JADU shall contain no more than one bedroom, as defined in § 15.04.040, however, a separate room normally used for sleeping purposes is not required so long as the JADU includes permanent provisions for sleeping.

• (d) Size. A JADU shall be limited in size to 500 square feet.

• (e) Access.

1. A JADU shall have independent access from the outdoors, separate from exterior access to the primary dwelling unit; however interior access between the JADU and primary dwelling unit may also be provided, except as required, below.

2. If the JADU does not have separate sanitation facilities, interior access between the JADU and the primary dwelling unit shall be provided.

• (f) Setbacks. Not applicable.

• (g) Height. Not applicable.

• (h) Open space. Not applicable.

• (i) Lot coverage. Not applicable.

• (j) Parking. No parking is required for the JADU.

• (k) Architectural compatibility. Not applicable.

• (l) Development impact fees. A JADU shall not be considered a new residential unit for purposes of calculating impact fees such as park dwelling or traffic.

• (m) Utilities.

1. A JADU shall not be considered a new residential unit for purposes of calculating connection fees or capacity charges for utilities. No new or separate utility connection between the JADU and the utility shall be required.

2. The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall have access, as required above.

• (n) Fire sprinklers. Fire sprinklers shall not be required for a JADU unless they are also required for the primary dwelling unit.

(o) Subdivision. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the JADU and the primary dwelling unit, subject to the following, except as provided below.

1. A deed restriction, which shall run with the land, shall be recorded with the County Recorder with a copy of the recorded document provided to the City Community and Economic Development Department and include both of the following.

a. A prohibition on the sale of the JADU separate from the primary dwelling unit.

b. A description of the size and attributes of the JADU, documenting conformance to applicable development standards at the time of permit issuance.

2. The JADU may be sold or conveyed separately from the primary residence to a qualified buyer when the property was developed by a qualified nonprofit corporation, pursuant to Cal. Gov’t Code § 66341.

(p) Occupancy. The owner of the property shall reside in either the primary dwelling unit or the JADU. Owner-occupancy shall not be required when the owner is a governmental agency, land trust or housing organization. If the JADU is rented, it shall not be rented out for less than 31 consecutive calendar days.

(q) Legalizing. An existing nonconforming or unpermitted dwelling unit may be legalized as a JADU in accordance with Table 15.17.020(A) if it meets or can be improved to meet all requirements of this division (C)(3), subject to allowances pursuant to Cal. Health and Safety Code, Division 13, Part 1.5, Chapter 5, Article 1 (commencing with § 17960) relating to enforcing Building Code standards. Nothing in this division (C)(3)(q) shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition for approval for a JADU.

oved to meet all requirements of this division (C)(3), subject to allowances pursuant to Cal. Health and Safety Code, Division 13, Part 1.5, Chapter 5, Article 1 (commencing with § 17960) relating to enforcing Building Code standards. Nothing in this division (C)(3)(q) shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition for approval for a JADU.

(D) Clarifications and interpretations. If ambiguity arises concerning the application of this section, it shall be the duty of the Director of Community and Economic Development to provide an interpretation in furtherance of state law for the provision of housing.

(E) Urban lot split. Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to §§ 16.03.070 through 16.03.090 (Urban Lot Split; Approval Process), then an ADU or JADU is allowed if, after construction, there would be no more than two housing units on the lot, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, ADUs and JADUs.

(Ord. 2982, passed - -2001; Ord. 3037, passed - -2004; Ord. 3124, passed - -2009; Ord. 3197, passed - -2013; Ord. 3247, passed - -2017; Ord. 3267, passed - -2018; Ord. 3280, passed - -2020; Ord. 3313, passed - -2022)

(A) Conditional use permit required. All sorority or fraternity houses shall require a conditional use permit. A conditional use permit for a sorority or fraternity shall be evaluated using the criteria listed in division (B) below.

(B) Criteria for conditional use permit. The Planning Commission shall use certain criteria to determine whether a conditional use permit shall be approved. Such criteria shall include, but not be limited to the following.

(1) The number of planned residents shall, at a minimum, comply with the City Housing Code and shall be appropriate considering the size of the house and property.

(2) The number of available parking spaces shall be adequate for the number of planned residents and visitors shall, at a minimum, comply with the parking requirements set forth in § 15.17.080(A)(3). In addition, the applicant shall provide an auxiliary parking plan for visitor parking. Said plan shall include a description of the frequency and length of time estimated for visitor parking and the availability of on-site and other public and private parking for the property. The number of other available public and private parking shall bear a reasonable relationship to the frequency and length of time estimated for visitors.

(3) Traffic and congestion in excess of that which would be generated by multiple-family residential use, if such use were allowable, shall not be unreasonable. The capacity of any affected streets and the frequency and duration of any such additional traffic shall also be considered.

(4) Other significant, demonstrable incompatibility problems with the location of the sorority or fraternity house in the proposed neighbor- hood that cannot be mitigated through the imposition of additional conditions.

(5) A finding that the proposed use as a sorority or fraternity house shall not be injurious or unreasonably incompatible with the type of uses permitted in the surrounding area and, further, that the proposed use shall not otherwise be detrimental to the public health, safety or general welfare.

(C) Periodic review of conditional use permit. Any conditional use permit approved hereunder shall, at a minimum, be subject to an annual review in the form of a public hearing for the first two years following the original approval to establish whether the conditional use permit shall be continued, revoked or additional conditions imposed. After the first two year annual reviews, a conditional use permit shall be reviewed when deemed necessary, or according to any schedule as imposed by the Planning Commission.

(D) Revocation or suspension. Failure of any applicant to abide by and faithfully comply with any of the conditions that may be attached to the approval of a conditional use permit shall constitute grounds for the revocation of said conditional use permit by the Planning

Commission.

(E) Grounds for revocation or suspension. The Planning Commission shall use certain criteria at any annual review, or other hearing as may be scheduled for revocation or suspension to determine whether a conditional use permit shall be revoked or suspended. Such criteria shall include, but not be limited to, the following:

• (1) Whether the sorority or fraternity has generated an excessive number or verifiable complaints from neighborhood residents against it or its residents, members or visitors;

• (2) Whether the sorority or fraternity is in compliance with all fire, building and zoning codes;

• (3) The responsiveness of the sorority or fraternity to any correction notices issued by the city; and

• (4) Compliance with all conditions of the conditional use permit in question.

(F) Distance separation requirements. A conditional use permit for a sorority or fraternity house shall not be approved if the proposed sorority or fraternity site is within one 1,000 feet of another property with a valid conditional use permit for a sorority or fraternity house. A list of property addresses with a valid conditional use permit for a sorority or fraternity shall be maintained in the Development Services Department for public review.

• (Ord. 2982, passed - -2001)

(A) The availability of housing for the state’s diverse and growing population is a matter of statewide importance. State statutes recognize that cooperation between government and the private sector is critical to attainment of the state’s housing goals, among which are to promote and assist in development of housing for various special needs groups, among which are the homeless, low- and moderate-income households and senior citizens. Cal. Gov’t Code § 65915 establishes the framework for granting a density bonus and/or development incentive(s) or concession(s) for housing developments for lower, very-low or moderate income households, senior citizens, transitional foster youth, disabled veterans and homeless persons. In addition, it contains provisions for a density bonus or development

incentive/concession when a childcare facility is to be included with an affordable housing development, or when land is donated for affordable housing under specified conditions.

• (B) This section applies to a housing development that provides at least one of following.

• (1) For the purpose of this section, TOTAL UNITS does not include units added by a density bonus.

(2) Ten percent of the total units of a housing development for lower income households, where income does not exceed 80% of area median income, pursuant to Cal. Health and Safety Code § 50079.5.

• (3) Five percent of the total units of a housing development for very-low income households, where income does not exceed 50% of area median income pursuant to Cal. Health and Safety Code § 50105.

(4) A senior citizen housing development containing at least 35 units and residents are 62 years of age or older, or 55 years of age or older in a senior citizen housing development pursuant to Cal. Civil Code § 51.3, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civil Code §§ 798.76 or 799.5.

(5) Ten percent of the total dwelling units in a common interest development, for persons and families of moderate income, where income does not exceed 120% of area median income pursuant to Cal. Health and Safety Code § 50093, provided that all units in the development are offered to the public for purchase.

(6) Ten percent of the total units of a housing development for transitional foster youth, as defined in Cal. Education Code § 66025.9, disabled veterans, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. §§ 11301 et seq.). The units described in this division (B)(6) shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very-low income units.

(a) For the purpose of this division (B)(6), TRANSITIONAL FOSTER YOUTH means a person whose dependency was established or continued by the court on or after their sixteenth birthday, and who is no older than 25 years of age pursuant to Cal. Education Code § 66025.9.

(b) For the purposes of this division (B)(6), DISABLED VETERAN means a veteran who is currently declared by the United States Veterans Administration to be 10% or more disabled as a result of service in the armed force pursuant to Cal. Gov’t Code § 18541.

(C) An applicant requesting a density bonus, concession(s), incentive(s) or waiver(s) shall make such request at the time an application is first submitted for review and approval.

• (D) An application for a density bonus shall include the following information:

• (1) Existing land uses on the property, including any existing rental housing unit(s);

• (2) Type and location of affordable units;

• (3) All requested development incentives and/or concessions;

(4) Evidence that the incentives and/or concessions will result in identifiable and actual cost reductions to provide for affordable housing units;

• (5) All requested waivers of development standards; and

(6) Evidence that each standard for which a waiver is requested physically precludes the project at the density or with the incentives or concessions allowed under this section.

• (E) For a project meeting one or more of the criteria identified in division (B) above, the city shall grant a density bonus as follows.

(1) For purposes of calculating the amount of the density bonus pursuant to division (B) above, an applicant shall elect whether the bonus shall be awarded on the basis of divisions (B)(2) through (B)(6) above.

(2) The amount of the density increase to which the applicant is entitled shall vary according to the percentage of units to be provided for income levels or types as shown in the tables below. In each of the following circumstances, all density calculations resulting in fractional units shall be rounded up to the next whole number.

(3) Any density bonus granted pursuant to this section shall be subject to the normal review process without additional permits or hearings.

• (a) For a housing development meeting the criteria of division (B)(2) above, the following density bonus shall be granted.

• (b) For a housing development meeting the criteria of division (B)(3) above, the following density bonus shall be granted.

(c) For a housing development meeting the criteria of division (B)(4) above, the density bonus shall be 20% of the number of senior housing units.

(d) For a housing development meeting the criteria of division (B)(6) above, the density bonus shall be 20% of the number of units provided for transitional foster youth, disabled veterans or homeless persons.

(e) For a housing development meeting the criteria of division (B)(5) above, the following density bonus shall be granted.

(F) For a project meeting one or more of the criteria of division (B) above, the city shall grant development incentive(s) and concession(s), subject to the normal review process and without additional permits or hearings, as stated below:

(1) One incentive or concession for projects that include at least 10% of the total units for lower income households, at least 5% for very-low income households or at least 10% for persons and families of moderate income in a common interest development;

(2) Two incentives or concessions for projects that include at least 20% of the total units for lower income households, at least 10% for very low income households or at least 20% for persons and families of moderate income in a common interest development; and

(3) Three incentives or concessions for projects that include at least 30% of the total units for lower income households, at least 15% for very low income households or at least 30% for persons and families of moderate income in a common interest development.

(G) For a project meeting one or more of the criteria of division (B) above, an applicant may request a waiver or reduction of development standard(s) when it can be shown that the specific development standard(s) will physically preclude the construction of a

development at the density permitted under division (D) above, and with the incentives or concessions pursuant to division (E) above. (H) Upon request of the developer, the following parking provisions shall apply. All parking ratios identified below are inclusive of handicapped and guest parking.

• (1) For a proposed housing development meeting one or more of the criteria of division (B) above, the parking ratio shall be as follows:

• (a) Zero to one bedroom: one on-site parking space;

• (b) Two to three bedrooms: two on-site parking spaces; and

• (c) Four and more bedrooms: two and one-half parking spaces.

(2) For a proposed housing development that includes at least 20% of the units for lower income households or 11% of the units for very-low income households and where there is unobstructed access to a major transit stop that is located within one-half mile of the development, the parking ratio shall be 0.5 spaces per bedroom.

(3) For a proposed housing development consisting solely of rental units that are affordable to lower income families, and where there is unobstructed access to a major transit stop that is located within one-half mile of the development, the parking ratio shall be one-half spaces per unit.

(4) For a proposed housing development consisting solely of rental units for individuals who are 62 years of age or older, when the development has either paratransit service or unobstructed access within one-half mile to fixed bus route service that operates at least eight times per day, the parking ratio shall be one-half spaces per unit.

(5) For a proposed special needs housing development that has either paratransit service or unobstructed access within one-half mile to fixed bus route service that operates at least eight times per day, the parking ratio shall be 0.3 spaces per unit.

• (6) For the purpose of this division (H), a major transit stop means any one of the following:

• (a) The City Transportation Center;

• (b) 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; or

• (c) A major transit stop that is included in the Regional Transportation Plan.

(7) For the purpose of this division (H), PARATRANSIT means a passenger vehicle that is operated for hire and regularly provides transportation services to persons with disabilities or persons age 55 or older.

(8) For the purpose of this division (H), UNOBSTRUCTED ACCESS means the one-half mile distance is measured based on actual walking route between the housing development and major transit stop rather than a straight line between points.

(9) If the total number of parking spaces required for a development is a fractional number, the number shall be rounded up to the next whole number.

(10) For the purpose of this division (H), parking shall be provided on-site and may be provided as tandem or uncovered parking.

(11) A request by a housing developer to utilize the parking ratio in this division (H) shall not affect the number of incentives or concessions pursuant to division (F) above.

(I) The city shall not be required to grant a requested density bonus, incentive or concession or waiver of development standards under the following circumstances:

(1) The density bonus, incentive or concession or waiver of development standards will have an adverse impact upon health, safety or the physical environment when there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

(2) The density bonus, incentive or concession will have an adverse impact upon a property that is listed in the State Register of Historical Resources; and

(3) For the purpose of this division (I), an ADVERSE IMPACT means a significant, quanti- fiable, 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.

(J) A housing development as described in Cal. Gov’t Code § 65915(c)(3) shall be ineligible for a density bonus or incentives or concessions unless replacement housing is provided in accordance with the same section.

(K) When city grants a density bonus and/or development incentives, concessions or waivers, the property shall be subject to a regulatory agreement and declaration of covenants and restrictions (“agreement”) that establishes rental or sales price criteria for all affordable units. The provisions of such agreement constitute covenants which shall run with the land and shall benefit and burden the property as provided therein.

• (1) The provisions of the agreement shall include.

• (a) Percentage of affordable units in the housing development, number and allocation of affordable units by size and location;

(b) The percentage of unit types and sizes among the affordable units shall be the same as the percentage of unit types and sizes units throughout the project as a whole; and

• (c) Affordable units shall be distributed throughout the development and not clustered together.

(2) The formula used to calculate maximum rents shall be as set forth in the Cal. Health and Safety Code § 50053, including utility allowance as published by the County Housing Authority.

(3) The agreement shall run with the land and shall be in effect for a minimum period of 55 years from the date the building is first occupied, or a longer period if required by the finance or insurance program, in accordance with Cal. Gov’t Code § 65915(c).

(L) When an applicant for a tentative subdivision map or other residential development proposal donates land to the city, the applicant shall be entitled to a 15% density bonus above the otherwise maximum allowable residential density for the entire development, subject to compliance with all provisions of Cal. Gov’t Code § 65915(g).

(M) When an applicant proposes to construct a housing development meeting one or more of the criteria of division (B) above and includes a childcare facility that will be located on the premises of, or part of, or adjacent to the project, the city shall grant either an additional density bonus or an additional development concession in accordance with the provisions of Cal. Gov’t Code § 65915(h). For the purpose of this section, a CHILDCARE FACILITY means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities and school-age childcare centers.

(Ord. 2982, passed - -2001; Ord. 3195, passed - -2013; Ord. 3248, passed - -2017)

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOUSING DEVELOPMENT. No more than two residential units within a single-family residential zone that meets the requirements of this chapter. The two units may consist of two new units or one new unit and one existing unit.

URBAN LOT SPLIT. A single-family residentially zoned property divided pursuant to §§ 16.03.070 through 16.03.090.

(B) Application and requirements for two-unit housing development.

(1) Application. Plans shall be submitted pursuant to § 15.47.040(A). Any other relevant information which may be necessary shall be specified in application submittal requirements so that it is available and known to the applicant prior to submittal.

(2) Connected structures. The city shall not reject an application solely because it proposes adjacent or connected structure provided that the structures meet Building Code safety standards and are sufficient to allow a separate conveyance.

(3) Affidavit/deed restriction. An applicant shall be required to sign an affidavit in a form of a deed restriction approved by the City Attorney, which shall run with the land and shall be recorded with the County Recorder with a copy of the recorded document provided to the City Community and Economic Development. The affidavit shall state and include all the following.

(a) If this is in connection with an urban lot split, that applicant intends to occupy one of the housing units as their principal residence

for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a “community land trust” or a qualified nonprofit corporation” as the same are defined in the Cal. Revenue and Taxation Code.

(b) The uses shall be limited to residential uses.

(c) The rental of any unit created pursuant to this section shall be for a minimum of 31 days.

(d) For an urban lot split, the parcel are formed and subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

(4) Legalizing. An existing nonconforming or unpermitted dwelling unit may be legalized if it meets or can be improved to meet all requirements of Cal. Health and Safety Code, Division 13, Part 1.5, Chapter 5, Article 1 (commencing with § 17960) relating to enforcing Building Code standards. Nothing in this division (B)(4) shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for a two-unit housing development.

(5) Easements. The applicant shall provide easements for the provision of public services and facilities as required.

(C) Applicability. This section is applicable only to properties with a zoning of R-1 and is not located on property in any of the following areas and does not fall within any of the following categories:

(1) Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Cal. Public Resources Code § 5020.1, as it may be amended from time-to-time, or within a site that is designated or listed as a city landmark or historic property or district or Residential Preservation (R-1P) pursuant to a city ordinance;

(2) Farmland. Prime farmland or farmland of statewide importance as further defined in Cal. Gov’t Code § 65913.4(a)(6)(B) as it may be amended from time-to-time;

(3) Wetlands. As defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);

(4) Fire zone. A very high fire hazard severity zone, as further defined in Cal. Gov’t Code § 65913.4(a)(6)(D) as it may be amended from time-to-time. This does not apply to sites excluded from the specified hazard zones pursuant to Cal. Gov’t Code § 51179(b), or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;

(5) Hazardous waste site. A hazardous waste site that is listed pursuant to Cal. Gov’t Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Cal. Health and Safety Code Division 45, Part 2, Chapter 4, Article 5 (§§ 78760 through 78795), unless the State Department of Public Health, State Water Resources Control Board or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;

(6) Earthquake fault zone. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection Building Code standards adopted by the State Building Standards Commission under the State Building Standards Code, 24 C.C.R., and by the City Building Department;

(7) Flood zone. A special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this division (C)(7) and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard or action adopted by the city that is applicable to that site. A development may be located on a site described in this division (C)(7) if either of the following are met:

(a) The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

(b) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Cal. Gov’t Code § 65913.4(a)(6)(G)(ii) as that section may be amended from time-to-time.

(8) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with 44 C.F.R. § 60.3(d)(3). If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this division (C)(8) and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard or action adopted by the city that is applicable to that site;

(9) Planned for habitat conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan as further spelled out in Cal. Gov’t Code § 65913.4(a)(6)(I) as that section may be amended from time-to-time;

(10) Habitat for protected species. Habitat for protected species identified as candidate, sensitive or species of special status by state or federal agencies, fully protected species or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.), the State Endangered Species Act (Cal. Fish and Game Code, Division 3, Chapter 1.5 (commencing with § 2050)) or the Native Plant Protection Act (Cal. Fish and Game Code, Division 2, Chapter 10 (commencing with § 1900));

(11) Conservation easement. Lands under a conservation easement;

(12) Not affordable housing or rental property. The proposed housing development would not require demolition or alteration of any of the following types of housing:

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

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

(13) Does not demolish 25%. Demolition of an existing unit shall not exceed more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

(D) Approval process. An application for a two-unit project is approved or denied ministerially, by the Community and Economic Development Director, without discretionary review, following technical review by Planning, Building, Fire and Public Works for compliance with Cal. Gov’t Code § 65852.21, this chapter and applicable provisions of this code.

(E) Building Official determinations. The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Cal. Gov’t Code § 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(F) Development standards. The following requirements shall apply in addition to all other objective standards pertaining to the Singlefamily Residential Zone.

(1) Setback. The setback for side and rear lot lines shall be four feet except no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. The front setback shall be as set forth in the single-family residential zone in which the property is located. Dwellings constructed on a corner lot pursuant to this section must provide at least ten-foot setback abutting the side street. The setback between detached structures shall be ten feet.

(2) Parking. Off-street parking shall be one space per unit, except that no parking requirements shall be imposed in either of the following circumstances:

(a) The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Cal. Public Resources Code § 21155(b) or a major transit stop as defined in Cal. Public Resources Code § 21064.3; or

(b) There is a car share vehicle located within one block of the property.

(3) Quantity. The maximum number of units on a lot pursuant to this section is two plus any ADU and/or JADU that must be allowed under state law and § 15.17.100 of this code. A lot that is created by an urban lot split pursuant to §§ 16.03.070 and 16.03.080 of this code may have no more than two dwelling units of any kind where unit means any dwelling unit, including, but not limited to, a primary dwelling unit, a primary dwelling unit created pursuant to this section, an ADU or a JADU.

(4) Unit size. The total floor area of each primary dwelling unit built pursuant to this section must be less than or equal to 800 square feet and consistent with the minimum standards required by state law generally 220 square feet). A primary dwelling unit that was legally established on the subject site prior to the two-unit project that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. A primary dwelling unit that was previously legally established on the subject site that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project and may not be expanded.

(5) Height. Maximum of ten feet in wall height at the side and rear setback when the four-foot minimum setback is utilized. The building wall height may increase one foot for each additional one foot of setback exceeding the minimum four-foot side and rear setback, where taking a measurement from final grade to the top of the roof, total height does not exceed 22 feet.

(6) Stories. Maximum of two.

(7) Lot coverage. Maximum of 40%, enforced to the extent that is does not prevent two primary dwelling units on the subject property of 800 square feet each.

(8) Landscaping. In addition to complying with the R-1 landscape provisions of this code, all developments shall plant mature landscaping consisting of a minimum of 36-inch box trees, 15-gallon shrubs, or a combination of both.

(9) Open space. All development shall comply with the R-1 open space provisions of this code, to the extent that is does not prevent two primary dwelling units on the subject property of 800 square feet each.

• (G) Design standards.

(1) Roof. The roof pitch/slope and roof style (e.g., hip, gable, mansard, dutch-gable, flat and the like) of the proposed unit, addition and/or any accessory structures added as part of the two-unit project must be the same as the primary dwelling unit. For a vacant lot, new units must utilize the predominant (majority) pitch/slope and roof style of the properties within the neighborhood.

(2) Window. The window style, method of operation (e. g., hung, double-hung, slider, casement and the like), window trim and sills of the proposed unit or addition must be the same as the primary dwelling.

(3) Indoor space area. The size of common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room and the like, must be equal to, or greater than, the square footage of bedrooms provided. The square footage of bathrooms, closets, garages or other defined storage spaces may not be counted towards common living area square footage to comply with this requirement.

(4) Two-story structures. New two-story structures, including second story additions, shall be stepped back a minimum of five feet from the first-floor wall plane on all elevations. No balcony, deck or other portion of the second story may project into this step-back.

(5) Water heaters. Water heaters (excluding tank less) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit. Tankless water heaters, when installed on the exterior of structure, may only be installed on the first floor, must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.

(6) HVAC systems. HVAC units must not be installed on any street facing elevation and must not be installed on the same elevation as the entrance to the dwelling.

(7) Architectural style. Any unit constructed must have the same architectural style as the existing primary unit and must also comply with the existing accessory dwelling unit standards and requirements set forth in § 15.17.100 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.

(H) Grading. A conceptual grading plan shall accompany a two-unit project when 50 cubic yards of soil or more is proposed to be disturbed as more particularly set forth and required in §§ 14.03.180 and 14.03.190. The conceptual grading plan shall include location, height and sections of all proposed retaining and non-retaining walls which shall comply with § 15.17.050(G).

(I) Lot access. A two-unit project requires the subject property on which it is proposed to adjoin the public right-of-way (street or alley) or have access to the public right-of-way as follows.

• (1) Vehicle access. Subject property must have vehicular access through a fee interest or perpetual access easement.

• (2) Fire lane. Subject property must have an approved fire apparatus roadway (fire lane) to within 150 feet of all existing or potential structures. Fire lanes shall meet the following standards:

• (a) Width. Minimum of 20 feet;

• (b) Grade. Maximum grade along the roadway shall not exceed 10%, and side to side (cross slope) shall not exceed 2%;

• (c) Turning radii. Inside dimension of 28 feet and outside dimension of 48 feet;

• (d) Vertical clearance. Minimum of 13 feet six inches;

• (e) Weight capability. Minimum 94,000 pounds;

• (f) Surface. All-weather paving material such as concrete, asphalt or masonry;

• (g) Turnaround mechanism. When a fire lane exceeds 150 feet in length, a turnaround mechanism of a hammerhead or cul-de-sac shall be provided meeting either of the following standards:

1. Hammerhead: “T” or “Y” configuration with a minimum lane length of 120 feet and minimum lane width of 20 feet.

2. Cul-de-sac: Minimum dia- meter of 80 feet.

• (h) Restricted access. Gate or other improvements designed to use of the fire lane shall be equipped with a Knox Box; and

• (j) Driveway locations. Driveway locations are subject to Public Works standards and requirements in place at the time of application.

• (3) Fire access. Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within 150 feet of the fire apparatus. Firefighter access routes shall meet the following standards:

• (a) Width. Minimum of five feet;

• (b) Grade. Maximum cross slope shall not exceed 2% and grade along the access route shall not exceed:

1. Walk: Maximum of 5%;

2. Ramp: Maximum 8.3%; and

3. Stairs: per Building Code.

• (c) Clearance. Free from obstruction such as fences, planters, vegetation and other structures although may be “as the crow flies” rather than in a straight line.

(J) High fire severity.

(1) Generally. Development within fire hazard severity zones shall comply with the Fire Department’s Fire Prevention Standard on Fuel Modification Plan and Maintenance and shall:

• (2) Defensible space. A fuel modification zone shall be established within the lesser of a 100-foot radius around all existing and

proposed structures on the property or the property boundaries. Within the fuel modification zone, landscape shall be planted and maintained in compliance with the following standards.

• (a) All existing and proposed landscaping and irrigation shall be provided on the conceptual landscape plans with final approval and permits pursuant to Chapter 15.50, except as amended herein.

• (b) Spacing shall be per Attachment 6, OCFA Vegetation Management Guide: Technical Design for New Construction Fuel Modification Plans and Maintenance Program (OCFA Fuel Modification Guideline).

• (c) Landscape material shall be per Attachment 8 OCFA Fuel Modification Guideline.

• (d) Plants with physical properties that contribute to high flammability, per Attachment 7 OCFA Fuel Modification Guideline, shall not be utilized.

• (K) Utilities. A two-unit project requires the subject property on which it is proposed to have wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards.

• (1) Location. Location and size shall be determined in accordance with city standards.

• (2) Water. Water shall include domestic, irrigation and fire water systems.

(3) Connections. Subject property shall be responsible to install new or upsized connections to city facilities in accordance with city standards.

• (4) Abandoned connections. Unused connections shall be abandoned per city standard.

• (5) Installation. Installation (and/or abandonment) as may be required pursuant to this section of all utilities shall be completed prior to finalization of new dwelling’s building permit.

(L) Fire protection.

(1) Fire flow. The fire water system shall be designed meeting the flow requirements of the State Fire Code, Appendix B.

(2) Fire hydrants. A two-unit project requires the subject property on which it is proposed to be located such that a fire hydrant is no further than 400 feet away from any existing or potential primary dwelling. Where a fire hydrant exceeds the minimum distance of 400 feet from the lot as measured from the closest property line, the property shall be responsible to install a new hydrant which may be private.

(3) Fire Code. All dwellings on the subject site must comply with current Fire Code requirements.

(Ord. 3313, passed - -2022)