Chapter 12.112 — GENERAL APPLICATIONS

• A. Specific Purposes: The performance standards established in this section apply in all commercial and industrial zones. These standards are intended to assure that all commercial and industrial operations carried out in the city are conducted in such a manner so as to avoid any nuisance, hazard or commonly recognized offensive condition or characteristic adverse to the public health, safety, and general welfare.

• B. Prohibition Of Dangerous Or Objectionable Elements: No land or building shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable, explosive or other hazard. Nor shall any use create noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold or dampness; electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a

manner or in such amount as to unreasonably adversely affect the surrounding area or adjoining premises.

• C. Performance Standards: The following performance standards shall apply to all uses of property in the commercial and industrial zoning districts specified in chapters 12.76 , 12.80 , 12.84 and 12.88 of this title.

  1. Fire And Explosive Hazards: All activities involving storage of flammable or explosive materials shall comply with the California building and fire codes.

  2. Radioactive Or Electrical Disturbance: No activities shall be permitted which will cause physical hazard by reason of radiation or similar cause to property in the same or adjacent zones or that emit electrical disturbance affecting the operation of any equipment other than that of the creator of such disturbance.

  3. Noise: At the lot line of all uses specified in chapters 12.76 , 12.80 , 12.84 and 12.88 of this title, the maximum sound generated by any user shall not exceed seventy five (75) dBA when adjacent users are industrial or wholesale users. When adjacent to offices or retail, the sound level shall be limited to seventy (70) dBA. When users are adjacent or contiguous to residential, park or institutional uses, the maximum sound level shall not exceed sixty (60) dBA. Excluded from these standards are occasional sounds generated by temporary construction activities or warning devices.

  4. Vibration: No vibration shall be permitted which is discernible without instruments at the lot line of the establishment or use.

  5. Smoke: No emission shall be permitted at any point, from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than no. 2 on the "Power's Micro Ringelmann Chart", published by McGraw-Hill, Inc.

  6. Odors, Flying Ash, Dust, Fumes, Vapors, Gases And Other Forms Of Air Pollution: All uses shall conform with applicable standards established by the Monterey Bay air pollution control district (MBAPCD), adopted herein by reference.

7. Glare: No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at a distance of five hundred feet (500') from said establishment or use.

   8. Liquid Or Solid Wastes: All liquid and solid waste discharge shall be in compliance with this code and other city requirements.

   9. Traffic: No use shall generate vehicular traffic which would cause an adjacent arterial or collector road to exceed a traffic carrying capacity of level of service "C" without providing appropriate mitigation measures in the form of roadway improvements, traffic control devices, restrictions on hours of operation or staggered work hours. Traffic generating potential shall be determined by use of Caltrans trip generation studies or other information acceptable to the director of public works. In the event an adjacent arterial or collector is already below level of service "C", appropriate mitigations shall offset any significant impact on the traffic carrying capacity of the road.

• (Ord. 2000-03, 8-7-2000)

• A. Intent. The intent of this section is to allow accessory dwelling units (ADU) and junior accessory dwelling units (JADU) that:

  1. Contribute needed housing to the community's housing stock;

  2. May be rented but may not be sold separately from the primary residence;

  3. Are within a residential zoning district; and

  4. Are consistent with the intent and requirements of Cal. Gov't. Code Title 7 , Division 1 , Chapter 13, Accessory Dwelling Units.

• B. Permit Required.

  1. A Building Permit is required for ADUs and JADUs (Cal. Gov't. Code § 66317(a)).

  2. The provisions included in this section are applicable to all lots that:

     • a. Are zoned to allow single-family or multifamily residential uses;

     • b. Include a proposed or existing dwelling unit (Cal. Gov't. Code § 66313(a)).

  3. Any application for an ADU that meets the location and development standards contained in this section shall be approved ministerially without discretionary review or public hearing.

• C. Processing Time and Submittal Requirements.

  1. Processing Time.

     • a. On lots with an existing single-family or multifamily dwelling, an application to create an ADU or JADU shall be approved within 60 days of submission of a complete application, unless either:

       • (1) The permit application to create an ADU or JADU is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, in which case the City shall not act on the permit application for the ADU or JADU until the City acts on the permit application for the new single-family or multifamily dwelling unit; or

       • (2) The applicant requests a delay, in which case the 60 day time period shall be tolled for the period of the delay. Additionally, once the application for the new single-family dwelling or multifamily dwelling has been approved, the permit application for the ADU or JADU shall be processed and either approved or denied within 60 days (Cal. Gov't. Code § 66317(a)).

     • b. If the City has not acted upon the completed application for the ADU or JADU within 60 days, and neither of the above exceptions are met, then the application for the ADU or JADU shall be deemed approved (Cal. Gov't. Code § 66317(a)).

  2. Submittal Requirements. The application for an ADU or JADU shall be submitted to the Community Development Department. An ADU shall be reviewed as part of the City's Building Permit process, and compliance with the standards of this chapter will be verified through the ministerial planning review process.

  3. Denial/Remedies. If the City denies an application for an ADU or JADU, the City will provide in writing a full set of comments within 60 days to the applicant from the date they received a completed application with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrent with the ADU then more than 60 days can be taken by the City (Cal. Gov't. Code § 66317).

ty will provide in writing a full set of comments within 60 days to the applicant from the date they received a completed application with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrent with the ADU then more than 60 days can be taken by the City (Cal. Gov't. Code § 66317).

• D. Density and Consistency. An ADU that conforms to the requirements in this section shall (Cal. Gov't. Code § 66314(c)):

  1. Not be considered for the purposes of evaluating the density requirements established in the General Plan.

  2. Be found consistent with the City's General Plan designation and zoning for the lot.

  3. Not be considered a new residential use for the purpose of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

  4. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

• E. Development and Operational Standards.

  1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required (Cal. Gov't. Code § 66314(d)(11)).

  2. A demolition permit for a detached garage that is to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued at the same time (Cal. Gov't. Code § 66314(e)).

  3. Availability of Utilities. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services, unless the accessory dwelling unit was constructed with a new single-family dwelling (Cal. Gov't. Code § 66324).

     • a. Utility Connections. The City may require a new or separate utility connection directly between an ADU and the utility.

     • b. Water and Sewer System: The City may require a water or sewer service connection directly between an ADU and the water and sewer service, or demonstration that the well and septic system is adequately sized for the new demand.

  4. Fire Sprinklers. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers are not required in an ADU. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers (Cal. Gov't. Code § 66314(d)(12)).

  5. Building Code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations) (Cal. Gov't. Code § 66314(d)(8)).

  6. Occupancy. Owner occupancy is not required on a property with an ADU.

7. State-Exempt ADUs. State-exempt ADUs shall not be subject to any local development or design standard that is not authorized by Cal. Gov't. Code § 66323 but shall comply with applicable building code and health and safety standards.

• F. Rental and Sale Limitations.

  1. Long-Term Rentals Only. Rental of the ADU created pursuant to this section shall be for a term 30 days or longer (Cal. Gov't. Code § 66315). Occupancy of the ADU or JADU shall not be allowed until the City approves occupancy of the primary dwelling unit (Cal. Gov't. Code § 66328).

  2. Sale and Conveyance. An ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Cal. Gov't. Code § 66341 are met.

  3. If all the requirements of Cal. Gov't. Code § 66342 are met, the separate conveyance of the primary dwelling unit and ADU are allowed as condominiums.

G. Fee Requirements.

1. Connection Fees or Capacity Charges. An ADU shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new singlefamily dwelling. This only applies to ADUs, not JADUs (Cal. Gov't. Code § 66324(b)).

2. Impact Fees. Impact fees shall not be imposed on an ADU that is less than 750 square feet in floor area. For all other ADUs, impact fees shall be charged proportionate to the square footage of the primary dwelling unit (Cal. Gov't. Code § 66324(c)).

• H. Conditions for Nonconforming Uses and Structures.

  1. Nonconforming Conditions. Notwithstanding chapter 12.132 , to the contrary, until January 1, 2030, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the local agency, subject to compliance with Cal. Gov't. Code § 66331 and Cal. Health & Safety Code §§ 17980.12(a) through (c) , and the following conditions:

     • a. The ADU or JADU was built before January 1, 2020.

     • b. The ADU or JADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU or JADU was built, had a noncompliant ADU or JADU ordinance, but the ordinance is compliant at the time the request is made.

     • c. This subsection shall remain in effect only until January 1, 2035, and as of that date is repealed.

  2. The City shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU in compliance with Cal. Gov't. Code § 66322(b).

• I. Number of ADUs or JADUs Permitted Per Legal Parcel or Lot. An application for a permit to establish an ADU or JADU that meets at least one of the following descriptions shall be ministerially approved without a public hearing and is not subject to the development standards of this chapter (Cal. Gov't. Code § 66317(a)).

  1. One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling or within an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety (Cal. Gov't. Code § 66323(a)(1)).

  2. One detached new construction ADU. One JADU may also be combined with a detached ADU (Cal. Gov't. Code § 66323(a)(2)).

  3. Multiple ADUs within the portions of multifamily dwelling structures that are not used as livable space. Local agencies must allow an amount of ADUs up to 25% of the dwelling units in existing multifamily dwelling structures, or a minimum of one, whichever is greater (Cal. Gov't. Code § 66323(a)(3)).

  4. Up to two detached ADUs on a lot that has proposed multifamily dwellings (Cal. Gov't. Code § 66323(a)(4)(A)(iii)).

  5. Up to eight detached ADUs on a lot that has existing multiple family dwellings provided that the number of ADUs does not exceed the number of existing units on the lot (Cal. Gov't. Code § 66323(a)(4)(A)(ii)).

• J. Detached ADUs.

1. Location. Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached ADU after construction and occupation of a proposed dwelling on-site. Detached ADUs may be located in an existing accessory structure.

2. Maximum Number of Detached ADUs.

   • a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU or an existing or proposed JADU (Cal. Gov't. Code § 66314(d)(2)).

   • b. When accompanied by a proposed multifamily dwelling, the maximum number of detached ADUs shall be eight per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Cal. Gov't. Code § 66323(a)(4)(A)).

   • c. When proposed for a lot with multifamily dwelling(s), the maximum number of detached ADUs shall be eight per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Cal. Gov't. Code § 66323(a) (4)(A)(ii)).

   • d. In no case shall the total number of primary dwellings and ADUs/JADUs exceed four on two parcels created via an SB 9 (Chapter 162, Statutes of 2021) lot split (Cal. Gov't. Code §§ 65852.21, 66411.7(j)(1) and (j)(2)).

3. Floor Area.

   • a. The minimum floor area shall be 150 square feet.

   • b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet (Cal. Gov't. Code § 66314(d)(5)).

4. Minimum Setbacks.

• a. The minimum side, street side, and rear-yard setback shall be four feet, except when converting or replacing an existing accessory structure that is less than four feet from the side, street side, or rear yard (Cal. Gov't. Code §§ 66314(d)(7) and 66323(a)(2)).

  • b. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Cal. Gov't. Code § 66317(a)).

5. Maximum Height. The maximum height of detached ADUs shall be as follows (Cal. Gov't. Code § 66321(b)(4)):

   • a. For one story detached ADUs, the maximum height shall be 16 feet. Where the detached ADU is within one-half mile walking distance of a major transit stop or a highquality transit corridor, as defined in Cal. Pub. Res. Code § 21155 , or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet.

   • b. For two story detached ADUs, the maximum height shall be 25 feet.

   • c. Height Exceptions.

     - (1) An additional two feet in height shall be allowed to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit. 
     
     - (2) When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of subsection **K.5.a** of this section to an amount equal to the height of the existing accessory structure to be converted.
     

   6. Parking.

      • a. Parking Requirements. A maximum of one parking space shall be required per ADU or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway or in front and/or rear setback areas (Cal. Gov't. Code § 66314(d)10)).

      • b. Exceptions. No parking shall be required for ADUs in any of the following instances (Cal. Gov't. Code §§ 66314(b)(2) and 66322(a)):

        • (1) The ADU is within one-half-mile walking distance of public transit.

        • (2) The ADU is within an architecturally and historically significant historic district.

        • (3) The ADU is part of the proposed or existing primary residence or an accessory structure.

        • (4) When on-street parking permits are required but not offered to the occupant(s) of the ADU.

        • (5) There is a car-share vehicle within one block of the ADU.

        • (6) When a permit application for the ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Cal. Gov't. Code § 66322(a).

6. Development Standards. Detached ADUs shall comply with all applicable base zone district objective development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square-foot detached ADU.

• K. Attached ADUs.

  1. Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.

  2. Maximum Number of Attached ADUs.

     • a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and/or an existing or proposed JADU (Cal. Gov't. Code §§ 66323(a)(1) and (a)(2)).

     • b. When accompanied by a proposed or existing multifamily dwelling, the maximum number of attached ADUs allowed shall be no more than 25% of the number of existing or proposed multifamily units. However, in no case shall less than one attached ADU be allowed (Cal. Gov't. Code § 66323(a)(3)).

     • c. In no case shall the total number of primary dwelling and ADUs exceed four on any given lot zoned for single-family residential uses (Cal. Gov't. Code § 66411.7(j)).

  3. Floor Area.

     • a. The minimum floor area shall be 150 square feet.

     • b. Single-Family Attached ADU (Cal. Gov't. Code § 66323(a)(1)(A)).

       • (1) The maximum floor area may expand up to 150 square feet from the existing primary dwelling unit.

       • (2) If the ADU expands beyond 151 square feet from the existing primary dwelling unit, then the floor area shall not exceed 50% of the living area of the existing primary dwelling unit.

  4. Minimum Setbacks.

     • a. The minimum side, street side, and rear yard setback shall be four feet, except when converting or replacing an existing attached accessory structure that is less than four feet from the side, street side, or rear yard.

     • b. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Cal. Gov't. Code § 66314(c)(7)).

  5. Maximum Height.

     • a. The maximum height of attached ADUs shall be two stories and 25 feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower (Cal. Gov't. Code § 66321(b)(4)).

     • b. Attached ADUs that are interior to an existing structure that is converted shall not exceed the height of that existing structure.

  6. Parking. No parking shall be required for an attached ADU.

  7. Development Standards.

• a. Attached ADUs shall comply with all applicable base zone district objective development standards (Cal. Gov't. Code § 66321(b)(3)), including limits on lot coverage, objective design standards, floor area ratio, open space, front setbacks, and minimum lot size unless application of any one or more of these standards precludes construction of at least an 800 square-foot attached ADU with four feet side and rear yard setbacks.

  - b. The City shall not use or impose additional standards other than those provided in Cal. Gov't. Code § 66314, including an owner-occupant requirement, except that the City may require that the property may be used for rentals of terms 30 days or longer (Cal. Gov't. Code § 66315). 
  

• L. Junior Accessory Dwelling Units.

  1. Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be within the walls of the primary singlefamily dwelling, including, but not limited to, an attached garage (Cal. Gov't. Code § 66323(a)(1)). One JADU may also be combined with a detached ADU (Cal. Gov't. Code § 66323(a)(2)).

  2. Maximum Number of JADUs.

     • a. When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU.
  • b. In no case shall the total number of primary dwelling and ADUs/JADUs exceed four on any given lot zoned for single-family residential uses (Cal. Gov't. Code §§ 65852.21 and 66411.7).

3. Floor Area.

   • a. The minimum floor area shall be 150 square feet.

   • b. The maximum floor area shall be 500 square feet.

4. Parking. No parking shall be required for a JADU, including replacement parking.

5. Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.

6. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.

7. Kitchen Features. An efficiency kitchen shall be provided, including all of the following (Cal. Gov't. Code § 66333(f)):

   • a. A cooking facility with appliances.

   • b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

8. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary single-family dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization (Cal. Gov't. Code § 66333(b)).

9. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the Community Development Department. The deed restriction shall include both of the following (Cal. Gov't Code § 66333(c)):

• a. A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the JADU that conforms with this section. (Ord. 2025-152, 8/18/2025; Ord. 2021-128, 10-4-2021; Ord. 2020-121, 2-18-2020; Ord. 2004-29, 9- 20-2004)

• A. Accessory Buildings Allowed: In residential zones (identified by this chapter), accessory buildings located on the same site with a permitted use, including private garages and carports, studios for private use, garden structures, greenhouses, hobby shops, recreation rooms and freestanding patio covers are allowed.

• B. Development Standards: The following development standards shall apply to all accessory structures and uses in all residential districts:

  1. A detached garage or accessory building shall not exceed fifteen feet (15') in height and no more than one story. Lofts which do not have sufficient headroom for occupancy are permitted for storage use only.

  2. Shall not be allowed in a required front or side yard.

  3. Shall be at least five feet (5') from any other structure located on the small lot.

  4. Do not occupy more than fifteen percent (15%) of the lot, to be calculated exclusive of the required building setbacks. Any accessory structure in excess of four hundred fifty (450) square feet requires the approval of the planning director.

  5. May be connected by a breezeway if placed on the lot as required by this title.

  6. No detached accessory building shall be placed on a corner lot so as to occupy any part of the front half of the lot unless the accessory building is screened by a fence a minimum of six feet (6') high.

• (Ord. 2001-13, 11-19-2001)

• A. General Restrictions: Except as otherwise provided in this chapter, required yards are to be unobstructed by any building structure or other improvement constructed on, over, or under the ground. No part of a yard required by this title shall be included as part of a yard required for any other lot.

• B. Architectural Features: Cornices, eaves, canopies, fireplaces and other similar architectural features, but not including any flat wall or window surface, may extend into any yard a distance not exceeding two feet (2').

• C. Porches; Fire Escapes: Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet (6') and into any required side yard a distance not exceeding one-half (1/2) the width of the required side yard.

• D. Decks And Patios: Decks and patios structurally supported entirely by earth at no higher than natural grade may extend into a side or rear yard to within one foot (1') of any property line.

• E. Storage Sheds: If building permits are not required, storage sheds less than one hundred twenty (120) square feet in size and less than twelve feet (12') in height shall be allowed in rear and side yards if more than five feet (5') away from any property line.

• F. Swimming Pools; Gazebos: Swimming pools, spas, trellises, arbors and gazebos shall be allowed in rear and side yards if more than five feet (5') away from any property line.

• G. Driveways: Private driveways that do not provide necessary access to any other lot shall be permitted within setbacks.

• H. Handicapped Ramps: Ramps for access by handicapped persons from grade to a raised ground floor structural entry shall be allowed in setbacks.

• I. Front Yards: In any district where fifty percent (50%) or more of the lots on one side of any block have been improved with buildings other than accessory structures, the required front yard for lots located on that side of the block shall be a depth equal to the average of the actual unobstructed front yards of the lots so improved, but not more than the minimum front yard specified for the district. When computing the average depth of the lots, the actual unobstructed front yard of each lot shall be deemed to be equal to the minimum front yard specified for the zoning district unless a lesser depth has been recognized as lawful by the planning commission. This subsection shall control over any other front yard requirements set forth in this code to the extent such other requirements are inconsistent with this subsection.

• J. Fences, Walls And Hedges:

1. In residential zones, fences, hedges, and walls not over seven feet (7') high are allowed on or within all property lines, subject to the following exceptions:

   • a. Fences over six feet (6') and masonry walls over three feet (3') require building permits prior to construction.

   • b. Fencing, walls, and hedges shall be reduced to a maximum of three feet six inches (3'6") in height in the required front yard and side yard abutting a street.

• c. Gateways or entryway arbors may be higher than six feet (6') in any zone including historic districts and shall be of open design, but in no case shall a gateway or entryway arbor be higher than eight feet (8'), have a width greater than six feet (6'), or have a depth greater than four feet (4'). All gateways and entryway arbors shall be constructed of open design. No more than one gateway or entry arbor per street frontage is allowed.

  • d. Boundary line fences or walls adjacent to commercial property may be eight feet (8') high if requested or agreed upon by a majority of the adjacent residential property owners and a permit is secured from the building official.

  • e. Fences, walls, and hedges shall be measured as a single unit if built or planted within three feet (3') of each other in any direction. At the time of construction of a building on an unimproved lot or parcel zoned for residential use, a fence or wall, not less than five feet (5') or more than seven feet (7') shall be installed to enclose the rear and side yards. This fence or wall shall not extend into the front yard. Street side yard fences shall comply with height restrictions in subsection J1b of this section.

  • f. Side yard fence height may be graduated from three feet (3') to seven feet (7') as approved by the planning director, except on street side yard of corner lots.

==> picture [400 x 200] intentionally omitted <==

2. In any I district, fencing shall be permitted in required yards as necessary to provide effective screening and security for permitted uses. All fencing shall be specified by use permit or approved site plan.

3. In any C district or the MU district, fencing shall be permitted in required yards as necessary to provide effective screening and security for permitted uses.

4. In any MHP district, a solid masonry wall, fence, or landscape screening of the maximum height permitted by this title shall be required along the boundaries adjoining other properties. A solid masonry wall, fence or other decorative landscaping, or screening, as determined by the planning commission, may be required fifteen feet (15') from the ultimate

property line adjacent to any public or private street. If a wall or fence is required, it shall be of the maximum height permitted by this title.

5. For the purposes of this section, fence heights shall be measured from natural grade. (Ord. 2004-29, 9-20-2004; Ord. 2001-13, 11-19-2001)

• A. Intent: The intent of this section is to establish permit requirements for those persons intending to conduct a home occupation and to establish standards for such use. The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood in which the home occupation is situated.

• B. Review And Approval Of Home Occupation Permit: A person conducting or intending to conduct a home occupation shall apply for a home occupation permit from the planning director in accordance with the procedures set forth in this section. In no case shall a home occupation be conducted without prior issuance of a home occupation permit by the planning director. When the planning director has determined that a person is required to obtain a home occupation permit for an existing home occupation for which no home occupation permit has previously been issued, all such activity relating to the existing home occupation must cease until such time as a valid home occupation permit is issued by the planning director.

• C. Rules For Conducting Home Occupation: The following rules shall apply to each home occupation:

  1. The home occupation shall be clearly incidental to the use of the structure as a dwelling.

  2. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five percent (25%) of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation.

  3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

  4. No home occupation shall be conducted in any garage, carport or accessory building.

  5. There shall be no sales in connection with such home occupation other than sales of merchandise produced on the premises or directly related to the services offered.

  6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and shall not increase parking demands on the street on which the residential unit is located.

  7. No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot to the normal senses. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television, computer, telephone, fax machine or other receiving devices or electronic or electrical equipment off the premises, or causes fluctuations in line voltage off the premises.

  8. No employees other than residents of the household hosting the home occupation shall be associated with the home occupation.

  9. The nature or type of occupation for which a home occupation permit may be granted shall be listed on such permit.

  10. There shall be no outdoor display or storage.

• D. Prohibited Uses: The following uses shall not be permitted to be home occupations:

  1. Medical, therapy or chiropractic clinics.

  2. Barber or beauty shops. 3. Pet grooming.

  3. Real estate offices.

  4. Photographic studio except limited developing for sale elsewhere.

  5. Child daycare for more than twelve (12) children.

  6. Music lessons for classes of four (4) or more.

  7. Television, audio or appliance repair.

  8. Cabinet shop, furniture manufacture or upholstery repair.

  9. Automotive repair or maintenance or other automotive services.

  10. Bicycle, lawn mower, small engine or tool repair or maintenance.

  11. Welding.

13. Adult entertainment facility/business. (Ord. 2001-13, 11-19-2001)

• [1] See definition in section 12.08.020 of this title.

The following special requirements shall apply if the proposed use is a utility service center that includes equipment yard functions:

• A. Screening:

  1. Equipment yard activities shall be screened from all streets and to the extent possible from adjacent uses, and may involve any combination of structures and landscaping acceptable to the planning director.

  2. Notwithstanding subsection A1 of this section, any screening must include a twenty foot (20') setback that is covered with a dense landscaping screen on the side and rear property lines of any utility service center.

  3. Notwithstanding subsection A1 of this section, screening must include the landscaping required by subsection 12.124.020B4 of this title if the utility service center is located in an industrial district.

• B. Noise Barrier: Construction of an effective masonry or other high mass noise barrier at the setback between the equipment yard component of the facility, including access drives, and any adjacent parcels not located within an I district.

• (Ord. 2000-03, 8-7-2000)

Notwithstanding any other provisions of this title, a conditional use permit may be granted for a private school that meets the following criteria:

• A. Density Standards: No use permit shall be approved for a new private school (institutional) within three hundred feet (300') of another private school, as measured from any point upon the outside walls of the existing or proposed structure that will house the students.

• B. Minimum Lot Area Standards: The lot on which a private school (institutional) is located shall contain not less than eight hundred (800) square feet for each student served by the facility.

• C. Off Street Loading: Off street loading and delivery areas shall be provided for each facility that has a capacity to serve thirteen (13) or more students.

• D. Additional Conditions: Additional conditions to those set forth in this section may be imposed by the planning commission on the use permit when deemed necessary to protect the public health, safety, and welfare.

• (Ord. 2000-03, 8-7-2000)

The intent of this section is to recognize that unused school sites represent a potentially major source of revenue for school districts. Current law reserves a percentage of unused school sites for park and recreational purposes, and therefore unused school sites not leased or purchased for park or recreational purposes pursuant to California Education Code section 17485 can be developed to the same extent as is permitted on adjacent property. It is the further intent of this chapter to expedite the process of zoning such property to avoid unnecessary costs and delays to the school district. School districts may apply for a zone change for a school district property no longer in use as a school through the process set forth in chapter 12.44 of this title and through meeting the following criteria:

• A. Rezoning Costs: The school district shall be charged for the administrative costs of such rezoning.

• B. Zoning Criteria: If all of the public entities enumerated in California Education Code section 17489 decline a school district's offer to sell or lease school property pursuant to the California Education Code section 17485 , the city or county having zoning jurisdiction over the property shall, upon request of the school district, zone the school site as defined in California Education Code section 17487 , consistent with the provisions of the applicable general and specific plans and compatible with the uses of property surrounding the school site.

• C. Land Use Control: The school site shall be given the same land use control treatment as if it were privately owned.

• D. Limitation On City Authority: In no event shall the city, prior to the school district's sale or lease of the school site, rezone the site to open space, park or recreation, or similar designation unless the adjacent property is so zoned, or if so requested or agreed to by the school district.

• E. School District Reimburse City: A school district that requests a zoning change pursuant to this section shall, in the fiscal year in which the city incurs costs in effecting the requested zoning change, reimburse the city for the actual costs incurred by it.

• (2003 Code; Ord. 2000-03, 8-7-2000)

Enclosures for trash, garbage, and recycling containers shall be required for all new development except for new residential developments consisting of three (3) or less dwelling units on a single lot. Such enclosures shall be constructed of solid masonry material at a minimum of six feet (6') in

height, fully enclosed on all sides and built according to specifications approved by the city with variations approved by the planning director. All such areas shall have adequate access for collection vehicles. Plans for trash, garbage, and recycling enclosures shall be reviewed by the franchise hauler for recommendations on appropriate size and number of containers for the project. Multiple-family projects for four (4) units or more shall be required to use approved trash containers rather than individual garbage cans. All projects must comply with applicable state laws regarding recycling.

(Ord. 2001-13, 11-19-2001)

• A. Applicability: This section is enacted pursuant to the provisions of section 65852.3 of the Government Code and applies only to manufactured dwellings placed on permanent foundation systems on lots zoned for single-family dwellings. This section does not apply to mobile homes within an approved mobile home park.

• B. Permitted Use: A manufactured dwelling is permitted as a residential dwelling on any lot zoned for single-family residential use, provided it meets all of the requirements of this section and subject to first obtaining a site plan permit pursuant to chapter 12.20 of this title.

• C. Eligibility: A manufactured dwelling qualifies under the provisions of this section only if:

  1. It has been certified under the national manufactured home construction and safety standards act of 1974 (42 USC, section 5401 et seq.), and has not been altered in violation of that act; and

  2. It is placed on a permanent foundation system approved by the building official which complies with the provisions of this section and with all applicable building codes and regulations, specifically including the provisions of section 18551 of the Health and Safety Code.

• D. Criteria To Be Applied: In order to approve an application for the establishment or placement of a manufactured dwelling pursuant to this chapter, the planning director must find that the proposed manufactured dwelling meets all of the following criteria for neighborhood compatibility:

  1. It must comply with all provisions of the zoning ordinance applicable to residential structures.

  2. It must have a minimum width of twenty feet (20').

  3. The manufactured dwelling and accessory structures, such as a garage or carport, must be covered with an exterior material customarily used in new residential structures in the surrounding areas, which shall extend to the ground; provided, that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

  4. The finish floor shall be a maximum of twenty five inches (25") above the exterior finish grade of the lot.

  5. The roof must have a pitch of not less than two inches (2") vertical rise for each twelve inches (12") of horizontal run and must consist of shingles or other material customarily used for new residential construction in the surrounding area.

  6. It must have porches and eaves, or roofs and eaves, which are comparable to those found in new residential structures in the surrounding area.

7. It is not proposed to be established or placed upon a property, or property containing a structure that is listed on the National Register of Historic Places.

The planning director may not impose more stringent criteria or conditions than those contained in this subsection.

• E. Building Permit Requirements: Prior to the issuance of a building for the establishment or placement of a manufactured home on a foundation system pursuant to this section, the owner or contractor shall provide the building official with all of the documents and information, and shall pay all of the fees required by section 18551 of the Health and Safety Code, in addition to complying with all other requirements for a building permit.

• F. Prohibition On Removal: Once installed on a foundation system in compliance with the provisions of this section and with section 18551 of the Health and Safety Code, a manufactured home shall be deemed a fixture and a real property improvement to the property to which it is affixed. Physical removal of the manufactured dwelling shall thereafter be prohibited without the consent of all persons or entities who, at the time of such removal, have title to any estate or interest in the real property to which the manufactured dwelling is affixed.

• (Ord. 2004-29, 9-20-2004)

• A. Whenever a parcel is the subject of an application for a zoning approval, such approval shall require that street improvements including curb gutter, sidewalks, and street trees are repaired, replaced or if lacking, installed by the property owner on the property's street frontage(s) consistent with city codes and standards and the California building code.

• (Ord. 2010-68, 9-7-2010)