Chapter 24.01 — GENERAL PROVISIONS—ENFORCEMENT — La Mesa Zoning Code

Sections:

24.01.010 - Short title.

Plan of Zoning.

24.01.020 - Purpose and scope.

This title is intended to implement the principal objectives of the Land Use Element and related elements of the La Mesa General Plan.

24.01.030 - Zones adopted.

The following zones are hereby adopted.

R1E	(Semi-Rural Estate)
R1R	(Semi-Rural Residential)
R1S	(Suburban Residential)
R1	(Urban Residential)
R1A	(Urban Residential-Alternative)
R2	(Medium Low Density Residential)
R3	(Multiple Unit Residential)
RB	(Residential Business)
---	---
C	(General Commercial)
CN	(Neighborhood Commercial)
CD	(Downtown Commercial)
CM	(Light Industrial and Commercial Service)
M	(Industrial Service and Manufacturing)

24.01.040 - Overlay zones adopted. ¶

Overlay zones modify the provisions of the underlying zones for specific purposes but do not modify the relative intensity of one zone to that of another. Where applied the overlay zone symbol shall appear as a suffix to the symbol of the principal zone. The following overlay zones are adopted.

F	Floodway Overlay Zone
BT	Brier Tract Overlay Zone
P	Scenic Preservation Overlay Zone
D	Urban Design Overlay Zone
G	Grossmont Specifc Plan Overlay Zone

(Ord. 2399, § 1; October 15, 1985: Ord. 2497 § 1; May 10, 1988)

24.01.050 - Zone map. ¶

The map entitled "LA MESA, CALIFORNIA ZONING MAP," is hereby adopted and made a part hereof. All property not dedicated for a public purpose within the city limits and within the spheres of influence of the city are, by this map, divided into zones for the purpose of implementing the Land Use Element of the General Plan. The zoning designations within the spheres of influence are for the purposes of prezoning, and become effective only when property is annexed to the city.

(Zoning Map Amended by Ord. 2479 § 1; October 27, 1987: Ord. 2486; February 9, 1988: Ord. 2487; March 8, 1988: Ord. 2488; March 8, 1988: Ord. 2495; April 26, 1988: Ord. 2498; June 28, 1988: Ord. 2499; June 28, 1988: Ord. 2503; July 12, 1988: Ord. 2516 § 1; January 24, 1989: Ord. 2520; March 28, 1989: Ord. 2521; March 28, 1989: Ord. 2525; May 9, 1989: Ord. 2532; July 11, 1989: Ord. 2548; November 28, 1989: Ord. 2551; December 12, 1989: Ord. 2556 § 1; March 27, 1990: Ord. 2572 § 1; April 9, 1991; Ord. 2593 § 1; November 26, 1991: Ord. 2652 § 1; September 13, 1994: Ord. 2670 § 1; July 9, 1996: Ord. 2672 § 1; August 13, 1996: Ord. 2673 § 1; August 13, 1996: Ord. 98-2688 § 1; July 28, 1998: Ord. 99-2693 § 1; January 26, 1999: Ord. 99-2695 § 1; May 11, 1999: Ord. 2004-2751 § 1; November 23, 2004: Ord. 20072782 § 1; September 11, 2007: Ord. 2007-2783 § 1; October 9, 2007; Ord. 2009-2798, § 1; May 26, 2009; Ord. 2013-2828, § 1; June 25, 2013)

24.01.060 - Scope of regulations. ¶

This title regulates the use, height, size, and location of all buildings and structures owned or operated by any person or by any "local agency" of the state of California, as said term is defined in Section 53090 under Article 5 of Title 5 of the California Government Code.

Land shall be used, and structures erected, razed, moved, reconstructed, extended, enlarged, structurally altered or changed in use only in conformity with this title. Only those uses and structures as provided in the various zone regulations herein shall be permitted, all others shall be prohibited. Uses and structures for local agencies shall be permitted only in accordance with an approved site development plan.

24.01.070 - Effect of other regulations. ¶

Wherever requirements are established by any other applicable title or regulation of the city of La Mesa which are more restrictive than are established by this title, then such other title or regulation shall govern. Where this title establishes more restrictive requirements it shall prevail.

24.01.080 - Violations are subject to penalties and remedies. ¶

The violation of any provisions of this title may result in one or more of the following remedies or penalties in lieu of any other penalty.

(a)

Building permit violations involving requirements of this title including failure to follow the plan submitted or install all the improvements delineated upon or required in any approved plan will be due cause to stop construction, withhold occupancy, or void the building permit. Where a building permit is voided, the fees paid shall be forfeited.

(b)

Failure to maintain facilities including the maintenance of landscaped areas, yards, parking areas, and similar facilities may be due cause for the city council to order the work to be done by others and the cost of the work assessed as a lien against the property. Before taking such action, the city council shall hold a hearing, notice of which shall be given to the property owner at least ten days prior and all requirements of law pertaining to the attaching of liens shall be followed.

(c)

Building and grading permits may be withheld and the use of property may be restricted by the community development director, the planning commission or city council to obtain correction of violations or unlawful conditions.

(d)

The city may institute civil action to abate any violation in a court of law. Such civil actions may be taken separately or jointly with any other action regarding the abatement.

(e)

All staff members of the planning department and building department, when so directed by the city manager, shall pursuant to California Penal Code Section 836.5, be authorized to arrest and issue citations to persons alleged to violate this title to appear in court.

(f)

Each person shall be guilty of a separate offense for each and every day or portion thereof during which a violation of this title is committed, continued or permitted to be continued by such person, and shall be punished accordingly. Any use or occupation of any building, structure, or property maintained in violation of the provisions of this title shall constitute a public nuisance.

(Ord. 2600 § 1; April 28, 1992)

24.01.090 - Arrest and citation. ¶

Each of the individuals referred to in paragraph "e" of Section 24.01.080 shall have the power to make arrests for violations of those provisions of this title which that individual has the duty to enforce and to issue citations for such violations. Any person so arrested who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Chapter 5C (commencing with Section 853.5) of Title 3, Part 2 of the California Penal Code.

24.01.100 - Definitions. ¶

The following definitions are for the purpose of this title.

"Accessory" means clearly incidental, customarily appropriate, and subordinate to the established permitted principal use and building on the same lot.

"Accessory dwelling unit" means a detached or attached dwelling unit that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcel as the primary unit is situated. An accessory dwelling unit can be an efficiency unit, as defined in Section 17958.1 of Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

(Ord. 2019-2865, § 2A, March 12, 2019; Ord. 2020-2879, § 2A, April 14, 2020)

"Adult" means a person eighteen years or older.

(Ord. 2557 § 1; March 27, 1990)

Adult Business. The definitions for adult businesses are set forth in Section 7.10.020 of the municipal code. All terms defined in Section 7.10.020 shall have the same meaning in this chapter unless otherwise specified.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Entertainment Use. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Bookstore. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Motion Picture Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008) Adult Mini-Motion Picture Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Recreation Arcade. Repealed. (Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Drive-in Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008) Adult Motel/Adult Hotel. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008) Adult Live Theater. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008) Adult Cabaret. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Adult Model Studio. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Sexual Encounter Establishment. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Body painting studio" means any establishment or business which provides the service of applying paint or other substance whether transparent or non-transparent to or on the human body when such body is wholly or partially nude in terms of "specified anatomical areas."

Massage Parlor. Repealed.

(Ord. 2000-2710 § 1; December 12, 2000)

Specified Anatomical Areas. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

Specified Sexual Activities. Repealed.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Alcoholic beverage production use" means any business whose principal activities involves the manufacturing, processing, and/or bottling of alcoholic beverages. The activity may include restaurants, tasting rooms, etc. that are accessory to the principal use.

(Ord. 2012-2826, § 2; November 13, 2012)

"Apartment building" or "Multiple family dwelling" means a building or a portion of a building containing three or more dwelling units.

"Bed and breakfast inn" is an owner occupied single-family residence designated as a local historical landmark where the owner rents out one or more bedrooms for one or more nights at a time to guests who have the use of a bed and full bathroom facilities, and are provided with some form of breakfast each morning.

(Ord. 2583 § 1; June 25, 1991)

"Church" is a land use provided by a legally constituted religious organization, in a building or buildings maintained solely for and limited to public and family worship of deity, together with buildings and uses which are accessory thereto and limited to the teaching of religious dogma, accessory social functions, and one single-family dwelling for the use of the minister or caretaker. Includes synagogues, temples, and other buildings for the purposes stated herein.

"Columbarium cabinet" means a structure of vaults lined with recesses for cinerary urns.

(Ord. 2002-2720 § 1 (part); June 11, 2002)

"Commercial recreation center" is any operation providing indoor and/or outdoor entertainment recreation activities and facilities, such as bowling alleys; miniature golf; game arcades (including pinball and/or video game centers); trampoline center; skating rinks and skateboard parks; and other similar commercial operations.

"Commercial residential use" means any detached single-family residential unit in which four or more adults live and where a lessor or proprietor receives payment in any form of exchange for the use of any portion of the residential unit from any or all of the residents.

(Ord. 2557 § 1; March 27, 1990)

"Community care facility" means any facility, place or building licensed by the state of California, which is maintained and operated to provide nonmedical residential care, day care or home finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons and includes residential care facilities, residential care facilities for the elderly, day care centers, home finding agencies and foster family home.

(Ord. 2352; April 26, 1984: Ord. 97-2684; October 14, 1997)

"Convenience zone" as defined in the California Beverage Container and Litter Reduction Act (AB 2020); a circle with a half-mile radius, centered around grocery stores or supermarkets which have a gross annual sales of two million dollars. A state certified recycle facility must be located somewhere within the convenience zone.

(Ord. 2484 § 1; November 10, 1987)

"Dwelling unit" is one independent living facility in a building or buildings intended for or providing permanent residence. The presence of independent living facilities for purposes of this title may be based on the existence of such facilities as:

-Kitchen facilities (room or space used, intended for, or designated for food preparation, cooking and eating)

-Toilet facilities

-Bathing facilities

-Separate connections to, or separate metering of, any utility

-Separate access from outdoors

-Lack of access from the interior of any other dwelling or structure

Family. Repealed by Ord. 2303; November 25, 1982.

"Family day care home" means a home which regularly provides care, protection, and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and includes the following:

(a)

Large family day care home which means a home which provides family day care to seven to twelve children, inclusive, including children who reside at the home.

(b)

Small family day care home which means a home which provides family day care to six or fewer children, including children who reside at the home.

(Ord. 2528 § 1; June 13, 1989)

"Front yard" means a space extending the full width of the lot between the front setback line or reduced front setback line and a line extending from the front of the building to the side setback lines.

(Ord. 2002-2723 § 1; September 24, 2002)

"GFA" stands for gross floor area. It means the total floor area of all floors of a building (exclusive of cellars or basements used for storage purposes) measured from the exterior surfaces of the building and including all walls and partitions.

"Game arcade" is any commercial operation providing the use of pinball machines, video games, and other similar machine games. Three or fewer games offered as an accessory use to a different commercial use shall not be considered a game arcade.

"Garage" is a fully enclosed structure with a door at the vehicle entry for the storage of automotive vehicles.

"Gross leasable area (GLA)" shall be defined as that building area which has the potential for being leased commercial space. It shall be calculated by subtracting the following areas from the gross floor area (GFA): exterior walkways, balconies, enclosed parking areas, atriums and lobby areas not used as a place of business, stairwells, elevator shafts, public restrooms, and rooms used exclusively for utilities, mechanical equipment or duct work; or, if a detailed floor plan is not submitted to the planning department, GLA shall be calculated as ninety percent of gross floor area.

(Ord. 2432 § 1; September 23, 1986).

"Hazardous material" means any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to health and safety or to the environment if released into the work place or the environment. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes and any material which a handler or administering

agency has a reasonable basis for believing that it would be injurious to the health and safety of person or harmful to the environment if released into the work place or the environment. The manufacturing of or permanent storage of hazardous materials shall not include:

a.

Hazardous material contained solely in a consumer product direct for distribution to and use by, the general public, unless the city has found and provided notice to the business handling the product, that the handling of certain quantities of the product requires the submission of a business plan in response to public health, safety, or environmental concerns pursuant to Chapter 10.96 of the La Mesa Municipal Code.

b.

Any business or person handling less than five hundred pounds, fifty-five gallons, or two hundred cubic feet at standard temperature and pressure for compressed gas, in the aggregate at any time in a month, of a product or formulation containing a hazardous material exempt from the definition above, unless the administering agency has found and has provided notice to the business handling the product or formulation that the weight or volume limits specified in this section are to be lowered for a specific hazardous material in response to public health, safety or environmental concerns.

(Ord. 2440 § 1 (part); December 9, 1986).

"Hazardous substance" means any substance or product:

a.

For which a manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the substance or product pursuant to the Hazardous Substance Information and Training Act, Chapter 2.5

(commencing with Section 6360) of Part 1 of Division 5 of the Labor Code or pursuant to any applicable federal law or regulation.

b.

The substance is listed as a radioactive material in Appendix B of Chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission.

c.

The substances listed pursuant to Title 49 of the Code of Federal Regulations.

d.

The materials listed in subdivision (b) of Section 6382 of the Labor Code.

(Ord. 2440 § 1 (part); December 9, 1986).

"Height" is the vertical distance from the average level of the highest and lowest point of the foundation to the plate line of the uppermost story.

"Home occupation" is a limited business conducted within a dwelling unit by the permanent residents and which business is clearly incidental and secondary to the use of the residence for dwelling purposes and does not change the character thereof.

Examples of home occupations determined to change the character of a dwelling include: repair of vehicles or automotive equipment belonging to nonresidents of the property; manufacturing or assembly of any product; any uses which involve the use of special equipment, cabinetry, fixtures, plumbing, or electrical wiring not ordinarily of customarily used in a dwelling; any use which includes the parking or storage of equipment used primarily in connection with extension of the business off the premises (except when fully contained within a passenger vehicle, including pickups and vans); any use which involves the use of the dwelling or its premises as a meeting place.

ry, fixtures, plumbing, or electrical wiring not ordinarily of customarily used in a dwelling; any use which includes the parking or storage of equipment used primarily in connection with extension of the business off the premises (except when fully contained within a passenger vehicle, including pickups and vans); any use which involves the use of the dwelling or its premises as a meeting place.

Home occupations shall not involve any of the following: deliveries; employees at the residence; signs or advertising on the property; storage of supplies, products, or equipment not normally found in a residence; sales or customer traffic to the property; or, activities that are a significant disruption to the surrounding neighborhood due to light, noise, odors, hours of operation or other intrusive characteristics which create a nuisance.

"Area of a lot" shall be computed solely within the property line and shall not include the narrow portion or handle of a panhandle lot, any private road or any property granted for public right-of-way.

"Junior accessory dwelling unit" shall mean a residential dwelling unit that is no more than five hundred square feet in area, contained entirely within a single-family residence, and with separate sanitation facilities from, or shared sanitation facilities with, the residence.

(Ord. 2019-2866, § 2A, March 12, 2019; Ord. 2020-2880, § 2A, April 14, 2020)

"Living area" means the square footage of a single-family residential unit including, but not limited to, common areas, kitchen areas, bathrooms, and bedrooms with closets. Garages and detached areas shall be excluded from calculations.

(Ord. 2557 § 1; March 27, 1990).

"Lot coverage" is defined as that proportion of the area of a lot which is covered by principal and accessory structures. The area of an enclosed structure for the purposes of calculating coverage shall be taken as all that horizontal area within outside walls. The projection of cornices, eaves, and other similar architectural projections shall not be included in the calculation of coverage. Coverage shall include all principal and accessory buildings including dwellings, garages, carports, greenhouses, lath houses, enclosed patios, and equipment and tool sheds. Coverage shall not include areas paved at grade for driveways, walkways, uncovered parking, uncovered or unenclosed swimming pools, walls or fences, covered but unenclosed patios, or structures used for beautification or landscaping such as arbors, trellises, and flagpoles.

"Depth of a lot" means the distance measured along a horizontal line which bisects the lot from the midpoint of the front lot line. For a panhandle or easement-access lot the measured distance shall not include the "handle" portion of the lot or the road easement to the lot.

"Width of a lot" means the shortest horizontal distance measured between opposite boundaries of the lot, along a line the midpoint of which is thirty feet from the front lot line (right-of-way line or private street), provided the front lot line shall be not less than one-half the required width. The width of a panhandle or easement-access lot shall be measured along a line the midpoint of which is thirty feet from the shortest lot line attached to the handle portion of the lot or the access easement.

"Nonconforming lot" is any lot legally created in compliance with prior zoning and subdivision regulations, but which is no longer in compliance with and is substandard under current regulations. A separately owned substandard lot which was of record on or before August 11, 1945, is also a nonconforming lot. A substandard lot certified by certificate of compliance filed by the city of La Mesa is also a nonconforming lot.

(Ord. 2312; May 12, 1983).

"Nonconforming parking" is off-street parking accessory to a land use which was developed in compliance with prior regulations but which does not comply with the current provisions of this title or with adopted city standards for parking. Off-street parking accessory to a single family residence or duplex existing on April 13, 1979, which does not comply with the requirements of this title as to number, location, design or development of parking spaces shall be deemed to be nonconforming parking and may be continued for that use subject to the provisions of subsection "D," Section 24.04.020 of this title.

"Nonconforming structure" is any principal or accessory structure, including a wall or fence, which was erected or altered in compliance with prior regulations but is not in compliance with current development provisions of this title. A structure built in conformance with the Uniform Building and Fire Codes at the time of its construction, but for which the zoning has changed and all permitted uses have more strict code requirements, shall also be considered a nonconforming structure.

(Ord. 2312; May 12, 1983).

"Nonconforming use" is any principal or accessory use established in compliance with prior regulations and operated continuously since that time, but which is no longer a use allowed by provisions of this title. A use established in compliance with prior regulations which would be allowed by approval of a conditional use permit under provisions of this title, but for which no such permit has been granted by the city of La Mesa, shall also be considered a nonconforming use, until such time as a conditional use permit may be approved. Any performance entertainment use, commercial recreation use, or private club which wishes to operate between 2:00 a.m. and 6:00 a.m. shall also be considered a nonconforming business which shall be required to obtain either a new or amended conditional use permit to operate between these hours.

"Off-street parking standards" means standards for design, location, development and maintenance of parking facilities and related landscaping adopted by the city council resolution.

"One-family dwelling" is a single, detached dwelling unit. For the purposes of this title one-family dwelling includes mobilehomes, certified under the National Mobile Home Construction and Safety Standards Act of 1974 on a foundation system, and homes manufactured offsite, used for permanent residence. One-family dwelling shall also include any state authorized, certified or licensed residential facility (referred to as "residential care facility" in this title) serving six or fewer persons in such detached dwelling, as per Division 2, Chapter 3 of the Health and Safety Code, and Division 5, Part 1 of the Welfare and Institutions Code.

"Ordinary household pet" means those animals which are customarily kept for personal use or enjoyment on a residential property (and which could normally be, although not required to be, contained within a residential structure). Household pets shall include, but not be limited to, domesticated dogs, cats, small mammals, birds, fish, reptiles, and rodents. Not included in this definition are wild animals, domestic poultry or livestock, or those animals whose ownership is prohibited by either the state of California, the United States government, or other portions of the La Mesa Municipal Code.

"Park" shall mean a city park so designated on the General Plan or zoning map of the city of La Mesa.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Parking area" means that area of the building site used for parking of any vehicle together with backup and maneuvering space.

"Permanent disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placement of any hazardous waste into, on, above, or below any land or water which waste is to remain or which has remained at a disposal site within the city for a continuous period of thirty days or which is not intended to be removed from such site.

(Ord. 2440, § 1 (part): December 9, 1986).

"Recreational vehicles" include any vehicles used for purposes other than the primary source of transportation for a household. Examples of recreational vehicles include, but are not limited to, the following:

Boats and boat trailers; including boats, floats, and rafts, plus the normal equipment to transport the same on a highway.

b.

Campers which are structures designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render same suitable for use as a temporary dwelling for camping travel, recreational, and vacation purposes.

c.

Full tent trailers; which are canvas folding structures mounted on wheels and designed for travel and vacation use.

d.

Motorized homes; which are portable dwellings designed and constructed as an integral part of a selfpropelled vehicle.

e.

Travel trailers; which are vehicular portable structures built on a chassis and designed to be used as temporary dwellings for travel, recreational, and vacation uses, permanently identified as a travel trailer by the manufacturer.

f.

Dune buggies.

(Ord. 2252; March 12, 1981).

"Recyclable facility" is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following when permitted in accordance with this chapter and developed in accordance with the standards established by the city under resolution:

a.

"Collection facility" is a center for the acceptance by donation, redemption, or purchase, or recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in the development standards for recycling collection facilities adopted by resolution by the city, and may include the following:

1.

Reverse Vending Machine(s). A reverse vending machine is an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and

process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

2.

Small collection facilities which occupy an area of not more than five hundred square feet, and may include:

(a)

A mobile recycling unit meaning an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials;

(b)

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet is designed to accept more than one container at a time; and will pay by weight instead of by container;

(c)

Kiosk type units which may include permanent structures;

(d)

Unattended containers placed for the donation of recyclable materials.

3.

Large collection facilities which may occupy an area of more than five hundred square feet and may include permanent structures.

b.

"Processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

1.

A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials sufficiently to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2.

A heavy processing facility is any processing facility other than a light processing facility.

(Ord. 2484 § 1; November 10, 1987).

"Recyclable material" is reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials or used motor oil.

(Ord. 2484 § 1; November 10, 1987).

"Setback" is the distance which a structure is located from a property line.

"Front setback" is the distance measured from each boundary abutting a public street.

"Rear setback" is measured from the interior lot line opposite the lot line from which the front setback is measured. For a corner building site having two such interior lot lines, the developer shall have the option of designating one as a side lot line from which a side setback can be measured. In the case of a lot with converging side boundaries to a point or to a rear boundary less than thirty feet long, rear setbacks shall be measured for a straight line thirty feet long between the side lot lines, drawn at right angles to the lot depth line. For a trapezoidal-shaped lot where the rear boundary is not parallel with the front lot line, the rear setback may be measured from a straight line drawn parallel to the front lot line through the midpoint of the rear boundary. However, in no instance shall the setback be less than the side setback required by the lot's current zone designation.

"Reduced front setback" is the distance measured from the secondary street boundary of a corner lot located opposite the interior side lot line in the R1, R1A, R1S, R1R, and R1E zones.

"School" shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(Ord. 2008-2789 § 3 (part); April 8, 2008)

"Shopping center" means one or more business entities having a combined gross floor area of fifty thousand or more square feet.

"Side setback" is measured from every property line which is not a front or rear line.

"Slope" is average natural slope prior to any grading and shall be computed from either the city engineer's topographic maps or a topographic map prepared by a registered civil engineer or a licensed surveyor. Average slope shall be computed by the formula:

S = 1L/A x 100

Where S	=	Average natural slope in percent
I	=	Contour interval in feet, at not greater than 25' intervals, resulting in at least 5 contour lines
L	=	Total accumulated length of all contours of interval "I" in feet
A	=	The area being considered in square feet

"Swimming pool" for the purpose of this title consists of a waterbearing vessel with a four-foot-wide walkway around the entire perimeter, and its auxiliary equipment. At-grade pools and outdoor spas or "hot tubs" are included in this definition.

"Performance entertainment use" means any principal activity or establishment conducted by an individual, partnership, firm, association, corporation or other legal entity which offers its patrons entertainment, either live or recorded, which specifically involves performance. This definition shall not apply to those businesses where the area in which the performance entertainment use is offered has an occupant load of less than fifty persons as defined by the Uniform Building Code. Examples of performance entertainment include but are not limited to: motion picture theater, live theater, dinner theater, cabaret, discotheque or dance hall.

"Two-unit residential development" means residential development of not more than two residential units on one legal lot in a single-family residential zone as authorized by California Government Code Section 65852.21. A residential development contains two residential units if the development proposes no more than two units or if it proposes to add one new unit to one existing unit.

"Wireless communications facility" means a physical structure supporting antennas that send and/or receive radio frequency signals. Wireless communication facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development.

facility" means a physical structure supporting antennas that send and/or receive radio frequency signals. Wireless communication facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development.

(Ord. 2355; May 24, 1984: Ord. 2594 § 1; December 17, 1991: Ord. 2598 § 1; March 24, 1992: Ord. 2624 § 2; May 11, 1993: Ord. 2643 § 1; May 24, 1994: Ord. 2644 § 1; May 24, 1994: Ord. 2001-2714 § 1; November 13, 2001; Ord. 2019-2865, § 2A, March 12, 2019; Ord. 2019-2866, § 2A, March 12, 2019; Ord. 2020-2879, § 2A, April 14, 2020; Ord. 2020-2880, § 2A, April 14, 2020; Ord. 2022-2894, § 4, February 8, 2022)

Chapter 24.02 - ADMINISTRATION

Sections:

24.02.010 - Administration and enforcement agencies. ¶

The following agencies shall be primarily responsible for the administration and enforcement of this title as stated. However, all city staff shall assist, particularly as the functions of their department relate to the

providing of public facilities including streets, drainage, sewers, etc., or the issuance of permits and licenses.

A.

Police Department. The provisions of this Title with respect to the keeping of animals and fowl shall be enforced by the animal control officer. The conditions for the keeping and maintenance of animals and fowl are set forth in Title 8.

B.

Planning Agency. The city council, planning commission, director of community development, and community development department are hereby designated collectively as the planning agency. The planning agency shall perform all functions required by California state law. The specific duties and functions of the council, commission, and departments relative to this title are given below.

1.

Perform all functions required by California law of a planning agency.

2.

Furnish information and general assistance to the public in the administration of this title.

Planning Commission. The authority and functions of the planning commission in the administration of this title shall be to:

1.

Review and approve plans, including site development plans when either required of or when appealed or referred to the commission, and to perform such other functions as provided by this title.

Resolve the question as to whether or not a proposed use is permitted in one or more zones in keeping with the general description and intent of such zones and the land use element of the General Plan.

3.

Consider appeals from any determination made in the administration or enforcement of this title.

4.

Review applications for special permits, conditional use permits and variances.

5.

Perform other functions as provided by state law.

6.

Resolve questions or alleged ambiguity on appeal from the determination of the community development department.

(Ord. 2600 § 4; April 28, 1992)

F.

Reserved. (Repealed by Ord. 2600 § 5; April 28, 1992)

G.

Director of Community Development. The authority and functions of the director of community development, or designee, in the administration of this title and this code shall be to perform those functions specified by state law and this code, reviewing and approving projects, including, but not limited to, site development plans and tentative parcel maps, and to perform such other functions as provided by this title and this code. The specific responsibilities and procedures for review of applications and final determinations by the director of community development shall be established by administrative instruction of the city manager.

H.

Appeals Board. The city council is hereby designated as the appeals board to hear appeals from decisions of the planning commission and determine whether an error was made. Upon findings of error the appeals board may uphold, modify, or reverse the decision. All appeals shall be conducted in public hearing.

(Ord. 2600 §§ 2—6; April 28, 1992)

I.

Design Review Board. The authority and functions of the design review board shall be to:

1.

Review and approve site development plans in accordance with requirements and provisions of the La Mesa Urban Design Program and Procedures as adopted in Resolution Nos. 15539 and 15540.

2.

Review and approve site development plans in the Urban Design Overlay Zone (Ordinance No. 2478).

3.

Review and make recommendations on development proposals, plans, and other urban design related issues as directed by the city council.

4.

Review and update the Urban Design Program as required from time to time to maintain consistency with the city's General Plan and other related planning documents.

(Ord. 2477 § 1; October 27, 1987: Ord. 97-2686 § 1; November 25, 1997; Ord. 2021-2886, §§ 10—12, June 8, 2021)

24.02.020 - Licenses, certificates of occupancy and permits to conform.

A business license, Certificate of Occupancy, building permit or any other permit or license pertaining to the use of and or structures shall be issued only if such uses and structures conform with the requirements of this title.

24.02.030 - Certificate of occupancy. ¶

A Certificate of Occupancy may be used for the purpose of documenting the status of any building, structure or use. Application for a Certificate of Occupancy shall be made to the building department.

24.02.035 - Site development plan. ¶

Site development plan reviews are required as per this title to ensure that development requirements are complied with and that design objectives are met. Site development plans shall be considered only upon written application on such form provided. An application shall be accompanied by required filing fees and any additional information specified.

An application for site development plan review shall be considered for approval by the director of community development, by the planning commission, or by the commission and the city council, as specified by this title, after acceptance of the application as being complete. The community development department shall prepare a written report to the commission on each application required to have commission or commission-and-council review.

An application for site development plan may be approved, approved subject to conditions, or denied. For all site development applications that do not otherwise require public notice, a draft determination shall be posted for public review and comment for not less than five calendar days prior to a final determination on the site development plan application. Approval shall be granted only after all required findings have been made. Approval may be made subject to such conditions as are deemed necessary to ensure that

development requirements are complied with, that design objectives are achieved, and that no detriment to the public health, safety or welfare will result.

The action to approve, approve subject to conditions, or deny a site development plan shall be noticed by mail to the applicant. Such action shall become final on the tenth day following the date of mailing of such notice unless appealed in writing within this time period as per this title. The planning commission shall consider appeals of a determination on a site development plan application by the director of community development. The city council shall consider appeals of a determination on a site development application by the planning commission. A determination by the city council is final.

(Ord. 2021-2886, § 13, June 8, 2021)

24.02.036 - Urban design review. ¶

Urban design review is required as per this title to insure that the objectives of the urban design program (Resolution No. 15539) and urban design review (Resolution No. 15540) are met. Urban design review shall be initiated after the acceptance of a written application on such form as provided by the director of planning. An application shall be accompanied by schematic or final site development plans, required filing fees, and all information as specified on the design review application form and any additional information

as required by the director of planning or the design review board in order to adequately evaluate a project's consistency with the urban design program.

A.

An application for urban design review shall be considered for approval by the design review board after acceptance of the application as being complete. The designated planning department staff member shall prepare a written report to the board or city council on each application required to have board or council review. Design review board decisions may be appealed to the city council or called for review by the city council as specified by this chapter.

B.

An application for urban design review may be approved, approved subject to conditions, or require redesign of the project to meet the goals and policies established in the urban design program. Approval shall be granted only after all required findings have been made. Approval may be made subject to such conditions as are deemed necessary to insure that design objectives and guidelines are achieved and that no detriment to the public health, safety, or welfare will result.

C.

The action to approve, approve subject to conditions, or require redesign of a project shall be noticed by the mailing of a certification of action by the design review board to the applicant. Such action shall become final on the tenth day following the date of mailing of such notice unless appealed in writing within this time period as per this title. A determination by the city council is final.

(Ord. 2477 § 2; October 27, 1987)

24.02.037 - Tree policy manual. ¶

The city shall develop and maintain a Tree Policy Manual which provides for policies and guidelines for the planting, care, preservation, maintenance, and removal of trees within the public right-of-way and on private property. The Tree Policy Manual shall be approved by the city council. The manual may be amended from time to time to reflect updates to the program, the La Mesa General Plan, or other changes in the physical development or environment of La Mesa.

(Ord. 97-2686 § 2; November 25, 1997; Ord. 2021-2886, § 14, June 8, 2021)

24.02.040 - Variance of development regulations. ¶

Variances may be authorized to reduce, modify or waive the development standards under any zone when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the zone and vicinity. Variances shall be considered only upon written application on such form provided. The application shall be accompanied by the required filing fees, and shall include evidence showing how the building site qualifies for the requested variance. An application shall be heard after the acceptance of the application as being complete, at public hearing duly noticed, before the planning commission. The commission may grant a variance after consideration of the report and the public hearing, only when the following findings are made:

A.

The strict application of the development standard(s) for which the variance is requested would deprive the building site of a development privilege enjoyed by other properties in the same zone and vicinity.

B.

There are special circumstances such as size, shape, topography, location or surroundings which affect the building site and cause the deprivation of development privilege.

C.

Granting the variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone.

The approval of a variance may be made subject to such conditions as deemed necessary to insure that no special privilege is granted. The action of the planning commission in approving, approving with conditions, or denying a variance shall become final on the tenth day following the date of commission determination unless appealed in writing within this time period to the appeals board.

(Ord. 2312; May 12, 1983: Ord. 2600 § 7; April 28, 1992)

24.02.050 - Special permits. ¶

Special permits are required as provided by this title to expand the limits of certain development standards, when such expanded limits are reasonable but need evaluation of impact on adjacent properties and uses. Special permits shall be considered only upon written application on such form provided by the community development department. The application shall be accompanied by the required filing fees. An application shall be heard after the acceptance of the application as being complete, at public hearing duly noticed,

before the planning commission. The community development department shall prepare a written report to the commission on each application heard. The commission shall consider the report and testimony at the hearing, and shall evaluate the proposal in terms of view obstruction, scale in relation to other structures in the vicinity, structure design, and offensive characteristics of potential use. The commission shall not approve a special permit except upon finding that:

A.

The location and characteristics of the proposed buildings and/or structures, and the allowed uses of them, will not impact unfavorably upon adjacent properties.

B.

The project is consistent with the design objectives established as policy of the city council.

The approval of a special permit may be made subject to such conditions as are deemed necessary to achieve the objectives of this title and to assure compatibility of the structure(s) with other properties and uses in the vicinity.

The action of the planning commission in approving, approving with conditions, or denying a special permit shall become final on the tenth day following the date of commission determination unless appealed in writing within this time period to the appeals board.

(Ord. 2600 § 8; April 28, 1992)

24.02.060 - Conditional use permits. ¶

A conditional use is a use determined by the city as having such unique or diverse characteristics that predetermination of regulations for either its operation or location is not practicable. Unless otherwise permitted by the planning commission, a conditional use shall be the only principal use permitted on the building site. Written application shall be made by the property owner, on such form provided by the community development department, only for a conditional use allowed consideration by this title. The application shall be accompanied by the required filing fees, and shall include evidence that the required findings can be made. An application for conditional use permit shall be heard after acceptance of the application as being complete, at public hearing duly noticed, before the planning commission. The community development department shall prepare a written report to the commission on each application heard. The commission shall grant a conditional use permit after consideration of the report and the public hearing, only when the requirements of the applicable zone, state and local laws are met and all the following findings are made:

(a)

Incompatibility with other uses in the same vicinity will not result.

(b)

Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety or order by:

(1)

Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located; or

(2)

Increasing the incidence of disruptive conduct in the area in which the premises are located; or

(3)

Unreasonably increasing the level of noise in the area in which the premises are located.

(c)

The use is consistent with the general plan.

The approval of a conditional use permit may be made subject to such conditions as are deemed necessary to assure that the use will conform to the above requirements and findings.

The action of the planning commission in approving, in approving with conditions, or denying a conditional use permit shall become final on the tenth day following the date of commission determination unless appealed in writing within this time period to the appeals board.

A conditional use permit may be revoked by the planning commission if it determines that the permit was obtained through fraudulent representatives or the use was subsequently changed in operation contrary to representations or conditions applied.

(Ord. 2393 § 2; August 13, 1985: Ord. 2392 § 2; August 27, 1985: Ord. 2600 § 9; April 28, 1992)

24.02.070 - Expiration of variances, special permits and conditional use permits. ¶

Any variance, special permit or conditional use permit shall expire by the date established by the agency making the determination or, if no date is specified, one year after the effective date unless such variance or permit is exercised prior to expiration. The planning department may extend the date of expiration up to one year upon written request by the applicant at least thirty days prior to the original date of expiration.

(Ord. 2312; May 12, 1983)

24.02.080 - Appeals and reviews. ¶

Each appeal or requested review shall be made in writing, setting forth the following information:

a.

The name and mailing address of the person making the request or appeal.

The determination involved.

The error claimed to have been made and all reasons in support of the request.

Appeals from the determination of any agency or officer shall be filed with the community development department. Appeals from decisions of the planning commission shall be filed with the city clerk. The required fee shall be paid with the filing. Except as otherwise stated in the title, all requests shall be filed within ten days following the date of mailing.

(Ord. 2600 § 10; April 28, 1992)

24.02.090 - Reporting of decisions. ¶

Each determination shall be made in writing and shall be in the form of a resolution or certification.

24.02.100 - Notice of public hearing requirements. ¶

Each notice of public hearing shall identify any property involved and give the date and time, place and purpose of the hearing. Such notice shall be mailed not less than ten days prior to the date of hearing in accordance with the following:

a.

Appeal of an administrative determination by first class mail to the appellant, to all those previously notified of the action and by personal service to the agency or officer whose decision is appealed.

b.

Conditional use permit, special permit and variance application, by first class mail to the applicant, to the owners of property which adjoins the proposed site, and to all those properties within three hundred feet of the boundary.

c.

Appeal from any determination by the planning commission: Notice shall be given as required for the initial hearing on the matter.

(Ord. 2312; May 12, 1983: Ord. 2600 § 11; April 28, 1992)

24.02.110 - Application. ¶

Each application shall be made on forms prescribed by the planning department and shall be filed with that department together with the filing fee prescribed by city council.

24.02.120 - Reserved. ¶

(Repealed by Ord. 2535)

24.02.130 - Regulation of nonconforming uses, structures and lots.

A.

General Provisions.

(1)

It is the policy of the city of La Mesa to provide for the continuance of nonconforming uses, structures and lots as defined in this chapter where, of themselves, such nonconformities do not endanger the public health, safety, and welfare, for a reasonable period of time commensurate with the effect of the use or structure on the surrounding area and with consideration for investment and economic return expected from the use and structure.

(2)

The policies and procedures in this section are intended to provide for limitations to the continuance of nonconforming uses, structures and lots, and their abatement as required in this section, but shall not in any way limit the authority of the city to regulate illegal uses or other violations of this chapter.

(3)

All nonconforming use, structures and lots shall be subject to the regulations herein, except for nonconforming adult entertainment uses which are regulated by Section 24.02.140. Where circumstances exist that multiple nonconforming classes exist for a single use or structure, each of the classes shall be treated individually as set forth in these regulations.

(4)

Within the zones established by this chapter or amendments that may later be adopted, there exist uses, structures and lots which were lawful on or before the effective date of this section or an amendment thereto, but which would be prohibited under the terms of this chapter to permit these nonconforming uses to continue until they are terminated, but not to encourage their existence, enlargement, expansion or extension. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this section, provided such permit for construction is diligently carried to completion.

(5)

Continuance—Generally.

a.

Any lawful nonconforming use existing at the time of adoption of this section or any amendment which is found to be consistent with this chapter and does not constitute a public nuisance, may be continued, provided such use is continually maintained and occupied.

b.

A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter.

The director of planning may, in accordance with the procedures contained in this section, issue a certificate of nonconforming use to all known owners of uses or structures subject to the nonconforming use provisions.

d.

Nonconforming uses created by subsequent amendments to this title shall also receive such certificates and be subject to similar procedures. No use of land or structure shall be made other than that specified in the certificate of nonconforming use unless said use is in conformance with regulations in which the property is located.

e.

Uses or structures subject to nonconformity and not issued a certificate of nonconforming use but later discovered to be nonconforming will be issued a certificate subject to the provisions of this section.

(6)

Enlargements and Alterations. No existing building or premises designed, arranged, intended or devoted to a use not permitted in the zone in which such building, structure or premises is located shall be enlarged, extended, reconstructed or structurally altered, except:

a.

Work done for ordinary alterations or replacement of existing walls, fixtures or utilities necessary to meet building and safety code requirements, and not exceeding twice the buildings assessed value, according to the assessment by the county assessor for the fiscal year in which such work is done shall be permitted.

b.

These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of public utility buildings, structures, equipment or facilities as used directly for the delivery of or distribution of the public utility service; provided that all yard requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of site.

(7)

Partially Destroyed Structures.

a.

Unless otherwise permitted for residential buildings or structures, a nonconforming building or structure which is damaged or partially destroyed by fire, explosion, or natural disaster to the extent of not more than one-half the replacement cost prior to the damage may be restored and the occupancy of use of such structure or part thereof existing at the time of such partial destruction may be continued or resumed provided:

1.

Such restoration is of an equal or lesser degree of nonconformity.

The total cost of such restoration does not exceed one-half the replacement cost of the structure at the time of such damage, as calculated by the Building Department.

3.

Permits for such restoration are issued within one year of such damage.

4.

Such damage or destruction is not intentionally caused by the owner to permit new construction under the provisions of this section.

b.

In the event such damage or destruction exceeds one-half the replacement cost of such nonconforming structure, it shall not be reconstructed except in conformity with all use and development regulations for new structures in the zone in which it is located.

B.

Compliance.

(1)

It is the intent of the city of La Mesa and is hereby declared that failure to comply with the requirements of this section with regard to the regulation or, if necessary, the abatement of nonconforming uses, structures on lots, represents a hazard to the public health, welfare and safety.

C.

Nonconforming Uses.

(1)

Unless otherwise required to be abated by this section, nonconforming uses may:

a.

Continue to be operated without change;

b.

Be modified, but not enlarged or made more nonconforming, by special permit if such modifications include measures that meet city development objectives;

(2)

Any nonconforming use which is replaced by a conforming use, or which is discontinued for any continuous period of one hundred eighty (180) days or longer, shall be considered abated and shall not be

reestablished. Any nonconforming adult entertainment use which is replaced by a conforming use, or which is discontinued for any continuous period of sixty (60) days or longer, shall be considered abated and shall not be reestablished.

(3)

The nonconforming keeping of animals or fowl or household pets shall end upon their removal or demise, or within the time specified in Title 8, whichever is sooner.

(4)

New uses and structures may be established on a building site when non-conforming use(s) exist on the same building site only when a Certificate of Nonconforming Use has been issued for the site.

D.

Nonconforming Structures.

(1)

Unless otherwise required to be abated by this section, nonconforming structures may:

a.

Continue to be used;

b.

Be modified or expanded but not made less conforming, providing such modified or expanded portion meets city development objectives and the provisions of this Title; or

c.

Be repaired or restored, when the valuation of such repairs or restoration is less than fifty percent (50%) of the valuation of the structure prior to damage, by special permit, except as otherwise provided in this section for residential uses and structures, provided city objectives and the following requirements are reasonably satisfied:

1.

The entire structure shall be made to conform to all of the requirements of the Uniform Building and Fire Codes for the classes of occupancy permitted.

2.

The architectural style of the building shall be improved to be compatible with other buildings in the general vicinity.

3.

The site shall be developed in accordance with the requirements for off-street parking and landscaping standards in accordance with Chapter 24.04 and by city council resolution, requirements of this chapter. The application for special permit shall consist of:

(a)

A detailed plot plan and structural plan as would be required for a new commercial development (the building plans may include photographs of the building to depict existing appearance);

(b)

Elevations drawn to depict the appearance of the building after remodeling;

(c)

A typical wall section showing foundation, wall and roof under existing conditions and a similar section showing proposed alterations;

(d)

The existing floor plan with proposed alterations, together with plumbing and electrical systems. Each of these systems shall be described and an analysis of their condition shall be given, together with description of needed changes with specifications. Such plans shall be prepared and signed by a licensed architect or structural engineer.

4.

For the purpose of this section, the value of the structure prior to damage shall be that determined by the San Diego County Assessor for property tax purposes, and the value of repair or restoration shall be determined by the director of planning in accordance with the Uniform Building Code.

5.

Residential dwelling units may be replaced to the same total number of dwelling units that existed on the building site prior to the damage in accordance with this section and after issuance of a certificate of nonconforming use.

(2)

A nonconforming dwelling may be changed to a conforming commercial building subject to the following requirements:

a.

The entire structure shall be made to conform to all the requirements of the Uniform Building and Fire Codes for the classes of occupancy permitted in the zone in which the lot is classified.

b.

The architectural style of the building shall be improved to be compatible with other commercial buildings in general.

c.

The site shall be developed in accordance with the requirements for: off-street parking and landscaping per Chapter 24.04 and standards established by city council resolution; erection of required fences; relocation of driveways; and requirements of this chapter. The plans for such conversion shall include:

1.

A detailed plot plan and structural plan as would be required for a new commercial development (the building plans may include photographs of the building to depict existing appearance);

2.

Elevations drawn to depict the appearance of the building after remodeling;

3.

A typical wall section showing foundation, wall and roof under existing conditions and a similar section showing proposed alterations;

4.

a.

The lawful nonconforming status of a use or structure shall be determined by the director of planning after the holding of an administrative hearing and written notice of such hearing to the owner of the property where the nonconforming condition exists. If it is determined that the nonconforming use or structure is in compliance with the provisions of this section and that such nonconforming use or structure does not constitute a significant hazard to public health, safety and welfare, the director of planning shall issue a certificate of nonconforming use. Such certificates shall become effective upon being recorded with the county recorder. The certificate of nonconforming use shall contain the following information:

1. A legal description of the property;

2.

A description of the nonconforming condition;

3.

A statement of whether said nonconforming condition may be continued, maintained, improved, reconstructed, or restored;

4.

State any terms, conditions, or dates governing whether said nonconforming condition may be continued, must be altered or must be terminated; and

5.

State all findings made in support of the determination and establishing the reasonableness of the amortization period.

b.

In accepting supporting evidence and establishing the reasonableness of an amortization period or conditions for the abatement of a nonconforming use or structure the city shall consider the following:

1.

The total cost of the property and improvements affected by the nonconforming use or structure;

2.

The length of time the nonconforming use or structure has existed or operated in relation to the expected life of the operation or structure;

3.

Costs of moving and re-establishing a use;

4.

The adaptability to a permitted use or structure;

5.

The extent of the nonconformity;

6.

The potential for hazards to public health, safety and welfare; and,

Other related factors.

c.

Certificates of nonconforming use may be reviewed from time to time in accordance with the procedures established in this section and may be revoked if determined, after the required hearings, that such nonconforming use or structure is not in compliance with any conditions established in a certificate of nonconforming use or that said nonconforming condition constitutes an existing or potential hazard to public health, safety and welfare.

d.

A copy of each certificate of nonconforming use shall be recorded with the county recorder and kept on file in the office of the city clerk.

e.

After holding an administrative hearing, the Community Development Director may determine that continuance of a nonconforming use or structure is not consistent with the zoning ordinance or represents a hazard to public health and safety. If a determination is made not to issue a certificate of nonconforming use, a hearing shall be scheduled before the Planning Commission to determine the status of said nonconforming use or structure and whether such nonconforming use should be abated and under what conditions such abatement should occur.

f.

A determination of the Planning Commission to require abatement of a nonconforming use or structure shall be forwarded to the City Council for an abatement hearing to ascertain whether or not said nonconforming use or structure constitutes a public nuisance and to prescribe the conditions for abatement of said nuisance in accordance with this section.

(2)

Abatement of Nonconforming Use and Structures by Violation.

a.

Any of the following violations of this title shall constitute a public nuisance and shall immediately terminate the right to operate a nonconforming use or occupy a nonconforming structure, except as otherwise provided in this chapter;

1.

Changing a nonconforming use to a use not permitted in the zone.

2.

Increasing or enlarging the area, space, or occupancy load by or devoted to such nonconforming use.

Addition to a nonconforming use of another use not permitted in the zone.

4.

A determination that continuance of the nonconforming use or use of a nonconforming structure will constitute a hazard to public health, welfare and safety.

(3)

Abatement by Discontinuance.

a.

Discontinuance of a nonconforming use as defined in this subsection shall immediately terminate the right to operate such nonconforming use, except when extended as otherwise permitted in this section.

1.

Changing a nonconforming use for a conforming use.

2.

Discontinuance of a nonconforming use for a period of one hundred eighty or more successive calendar days.

3.

Discontinuance of a nonconforming use for a cumulative period of eighteen or more months in any consecutive twenty-four month period.

(4)

Abatement Order.

a.

Any use, building or structure which becomes a violation of this ordinance through being illegal, abandoned, or a nonconformity required to be terminated shall be considered a public nuisance and abated in accordance with the provisions of this section.

b.

Where any use or structure is found to be in violation of this chapter, or where a prescribed termination period has expired, the director of planning shall give written order of abatement to the owner of the property. Said order shall be deemed final and shall be complied with within 30 days after mailing thereof.

Failure to comply with the terms and conditions of the abatement order shall constitute a violation of the chapter and constitute evidence that a violation exists.

d.

Any person who has been served with an order of abatement may, within ten days after receipt thereof, file a written appeal with the city council. A decision by the city council upon such appeal shall be final.

e.

Abatement Notice of Hearing. Any property owner(s) of said property may appeal a determination not to issue a certificate of nonconforming use, or if the owner(s) of property do not abate the nuisance within the time specified in the notice of violation, or any extension thereof, the city clerk shall cause notice to be sent by certified mail to all persons who own or claim interest in the real property upon which said nonconforming use or structure exists, as listed in the latest equalized tax assessment rolls of the county assessor, that the city council will hold a hearing to ascertain whether or not said premises constitute a public nuisance and to prescribe the conditions for abatement of said nuisance. A copy of said notice shall also be published in a newspaper of general circulation in the city pursuant to the provisions of the California Government Code not later than ten days before the date of the hearing.

f.

Abatement Hearing.

1.

At the city council hearing provided in this subsection, after presentation of evidence on the issue, any person may state his objections or protests and give evidence relative to the alleged public nuisance and proposed abatement thereof.

2.

After receiving public testimony, the council shall determine the issue. If it finds that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, the council may take action as deemed necessary, including, but not limited to the following:

(a)

Allow abatement by means of reinstitution of a lawful use, repair or alteration within a stated period of time; or

(b)

Order the nuisance to be abated by removal of the cause thereof, including if necessary, the removal of any or all structures or facilities situated on the property within a specified period of time the council may find to be reasonable in the circumstances based on the supporting evidence as established in accordance with subsection 24.02.130. I(1)b. of this section;

(c)

Revoke any permits or approvals that authorized or otherwise pertained to the nonconforming use or structure.

g.

Abatement Resolution. Each action made by the council under the provision of this section shall be done by resolution, copy of which shall be mailed by certified mail to all persons entitled to notice by this section not later than fourteen (14) calendar days after the date of adoption.

(5)

Nuisance Declaration.

a.

Any nonconforming use, building or structure found to be in violation of this section or any subsequent amendment thereto as the result of its being illegal, nonconforming, or after termination of an established time period for abatement of the nonconformity may be declared a public nuisance and constitute a danger to the public health, welfare and safety.

b.

Upon such declaration the director of planning and building shall commence proceedings to abate such nuisances as prescribed in this section.

1.

Notice of Violation. The notice of violation shall be substantially as follows:

"Notice of Violation"

"Notice is hereby given that the City of La Mesa has found and determined that conditions exist on the real property described in the San Diego County Assessor's Parcel No.(s), commonly known as______ (street address), La Mesa, California, which may constitute a public nuisance and a violation of the provisions of the Municipal Code, Section(s)_____ and constitute a public nuisance for the following reasons: _____

_____ ."

"Failure to abate said nuisance by (1) reoccupation of the nonconforming use if permitted within the time limits prescribed in this section; or (2) reoccupation and use of the premises for another permitted use, or (3) demolition and removal of all uses, buildings or structures constituting the nonconformity, or (4) removal of all conditions constituting such nuisance within 60 days from and after the date hereby or as otherwise established by the proceedings prescribed herein shall result in the commencement by the city of La Mesa of proceedings to abate said nuisance as provided herein."

"If any demolition, dismantling, moving, removal, addition to, or alterations, restoration or repair of any structure or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be

performed, by any person or entity affected by this notice, other than city officers, employees or agents, appropriate permits must be obtained before commencement of any such work."

Dated________, 19___

Director of Planning

(6)

Voluntary Abatement. No person shall:

a.

Reoccupy or reinstate any use of any building found to be a nonconforming use or structure until the Director of Planning, the Building Official, and the Fire Marshal have inspected the same and found it to be in compliance with all building, fire safety and zoning codes.

b.

Fail or refuse to pay any fee prescribed for inspection services prescribed in paragraph (1) of this subsection I.

(Ord. 2442 § 1; January 13, 1987: Ord. 2466 §§ 1, 2; September 8, 1987: Ord. 2600 § 12; April 28, 1992: Ord. 2626 § 1; May 25, 1993: Ord. 96-2666 § 2; January 9, 1996)

24.02.140 - Regulation of nonconforming adult entertainment uses.

A.

General Provisions.

(1)

Any adult entertainment use which was established in compliance with prior regulations and operated continuously since that time, but which no longer meets the locational criteria as provided in Sections 24.06.020A(10), 24.06.020C(14), 24.06.020F, 24.07.030A(1)-i, 24.07.030D(5), and 24.07.030E of the La Mesa Municipal Code shall be considered a nonconforming adult entertainment use.

(2)

Any nonconforming adult entertainment use which is replaced by a conforming use, or which is discontinued for any continuous period of sixty days or longer, shall be considered abated and shall not be reestablished.

B.

Amortization Period for Nonconforming Adult Entertainment Uses.

(1)

All nonconforming adult entertainment businesses will be required to cease operations not later than two years after the effective date of the ordinance codified in this section, unless an extension is granted pursuant to the following provisions in subsection B(3) of this section.

(2)

All nonconforming adult entertainment businesses shall be notified forthwith of their nonconforming status by the City Attorney by Certified Mail. Such notice shall be given to the property owner of record of the land on which the adult business is located and to the holder of business license for such adult business. Such notice shall also identify the applicable amortization period, and the process for requesting an extension thereof.

(3)

Pursuant to the following provisions, the City may extend the amortization period for a maximum of two years:

a.

Time Limits for Action.

1.

Filing of Application and Fees. The owner of the property on which an adult business is located and the owner of the adult business who desires to extend the amortization period provided for in subsection B(1) of this section must apply for approval of an extension not later than six months after receiving notice of the two-year amortization period. Such application shall be made in writing and shall be accompanied by the required fee as established by the City Council.

2.

Review of Application for Completeness. A complete application is to include:

(a)

A written request for an extension of the amortization period which shall include all information relevant to factors listed in subsection B(3)(b)(1) of this section and shall identify the term of the requested extension, not to exceed two years;

(b)

The signatures of both the property owner and the owner of the business as listed on the City's Business License application;

(c)

The required application fee.

Not later than thirty days after submittal of an application to extend the amortization period, the Community Development Department shall notify the applicant, in writing, if the application is complete or incomplete.

If the application is not complete, the Community Development Department shall specify in writing those parts which are incomplete and shall identify the manner by which it can be made complete. If a written determination is not provided to the applicant within thirty calendar days after it is submitted, the application shall be deemed complete.

3.

Planning Commission Recommendation. The Planning Commission shall take action to recommend approval or denial of the request for an extension of the amortization period within six months after a determination has been made that the application is complete.

4.

City Council Determination. The City Council shall take action on the Planning Commission recommendation and shall take action to approve or deny the request for an extension of the amortization period within sixty days after the Planning Commission action.

b.

Planning Commission and City Council Actions. The Planning Commission and City Council shall hold public hearings at which time the Planning Commission and City Council shall receive and consider the evidence and testimony regarding the factors identified in this subsection. After reviewing the evidence and hearing testimony, the City Council shall determine whether the adult entertainment business has been provided a reasonable amortization period commensurate with the investment involved. If the City Council determines that the amortization period provided pursuant to subsection B(1) of this section is not reasonable, the Council shall prescribe a reasonable amortization period commensurate with the investment involved.

1.

Factors to Consider. The Commission and Council shall consider the following factors in making this determination:

(a)

The adult business owner's financial investment in the adult business;

(b)

The present actual and depreciated value of business improvements;

(c)

The remaining useful life of the business improvements;

(d)

The remaining lease term (the lease which was in effect at the time of the adoption of the ordinance codified in this chapter shall be the lease evaluated under these provisions);

(e)

The cost of relocating the adult business to a site conforming with this chapter;

(f)

The ability of the business and/or land owner to change the use to a conforming use;

(g)

The date upon which the property owner and/or business operator received notice of the nonconforming status of his or her use and the amortization requirements; and

(h)

The effects on the health, safety and welfare of surrounding businesses and uses if the adult business is permitted to extend the amortization period.

2.

The City Council shall make written findings in support of its determination to grant or deny the extension of the amortization period. An approval of an application to extend the amortization period may be conditioned on requirements which will minimize the potential adverse impacts to the surrounding land uses. These conditions may include, but are not limited to, hours of operation, signage, and other operating characteristics. The determination of the City Council shall be based on the record of proceedings at the public hearing.

(4)

Upon conclusion of their relative amortization periods or any extensions thereof, all nonconforming adult entertainment businesses shall cease operation and all signs, advertising and publicly visible displays relating to such an adult business shall be removed. Failure to comply with these provisions shall be considered a violation of this chapter and the City of La Mesa Municipal Code. The City shall provide written notice of the end of the amortization period at least sixty days prior to the date.

(Ord. 96-2666 § 1; January 9, 1996)

Chapter 24.03 - AMENDMENT PROCEDURES

Sections:

24.03.010 - Initiation of amendments. ¶

Amendments to this Title may be initiated by:

a.

Resolution of intention adopted by the City Council.

Formal application by owner of land affected to either reclassify land from one zone to another zone, prezone the land or amend overlay zones. Each application together with all required information including that for environmental assessment shall be filed with the Planning Department and all required fees established by the City Council shall be paid.

c.

The Director of Planning may (i) expand the scope of a proposal otherwise initiated, (ii) initiate appropriate prezoning after annexation proceedings have started, and (iii) initiate any other amendment specifically authorized by the Council.

24.03.020 - Test of consistency with general plan required. ¶

The Director of Planning shall assess and provide a written report to the Planning Commission regarding any proposed amendment as to its consistency with the Land Use Element and General Plan goals. The Director of Planning shall set for public hearing before the Commission each proposal determined to be consistent with the General Plan. Those determined to be inconsistent with the Plan shall be reviewed by the Commission to determine their merit during its annual review of the Land Use Element of the General Plan. Any proposed amendment determined by the Director of Planning to be inconsistent with the General Plan may be appealed to the Planning Commission. Such determinations made by the Commission shall be appealable to the City Council.

(Ord. 2312; May 12, 1983)

24.03.030 - Public notice of hearings—Requirements. ¶

Public notice of each hearing will be given in the manner set forth in Sections 65854 to 65857, inclusive, of the California Government Code. The Planning Department will maintain a file of these sections and will make them available to any person.

24.03.040 - Planning commission hearings—Setting. ¶

The Director of Planning shall set each proposed amendment for public hearing and give the required public notice of the hearing.

24.03.050 - Planning commission decisions. ¶

The Commission shall make a recommendation to the City Council on each proposed amendment and shall include supporting findings and reasons. Such recommendation shall be certified by the Commission secretary in a written report to the Council.

24.03.060 - City council hearings—Setting. ¶

Each Commission recommendation (i) on an amendment initiated by the Council, (ii) for approval of an application, or (iii) from which an appeal has been filed shall be set for public hearing before the City Council by the City Clerk at the earliest date consistent with State law and City Council policy. Public notice of the hearing shall be given as required in Section 24.03.030.

24.03.070 - Recommendation for denial of application final unless appealed.

A Commission recommendation for denial of amendment initiated by application shall become an automatic denial without hearing before the Council unless the applicant files an appeal to the City Council. The applicant shall make the appeal in writing in which is set forth any error the Commission is alleged to have made in its determination, reasons the amendment requested should be granted, and shall pay the required filing fee. The appeal shall be filed in the office of the City Clerk within five days following the postmarked date of mailing the Commission recommendation to the applicant.

24.03.080 - Changes reviewable by commission. ¶

Any substantial change made by the Council in any recommendation by the Commission shall not be become final until such change is referred to the Commission and the Commission's report thereon has been reviewed by the council; however, this requirement shall not apply to any amendment or ordinance which was considered by the commission during its hearing.

Such report shall be filed in the office of the city clerk within forty days after submission of the proposed change to the commission, or such longer period as the council may designate. The failure of the commission to file such report within the period allowed shall be deemed to be its approval of the council action.

24.03.090 - Hearings may be continued. ¶

Either the council or planning commission may continue a public hearing to a certain date and time. However, if an applicant or his representative requests a continuance, new notices shall be mailed to those previously receiving them. The cost of such mailing shall be paid by the applicant prior to advertising the new hearing.

Chapter 24.04 - PARKING

Sections:

24.04.010 - Intent. ¶

The intent of these regulations is to provide properly designed parking areas of adequate capacity and circulation patterns to reduce traffic congestion, facilitate movement, enhance public safety and support high standards of environmental quality. All regulations set forth in this chapter are for the purpose of providing convenient off-street parking space for motor vehicles that are attracted by the use or uses on each parcel of property. The parking requirements of this section are to be considered as the minimum needed by each particular land use.

24.04.020 - General provisions.

A.

Location and Utility. Off-street parking is required under this chapter only in connection with the principal use of the property. All required off-street parking spaces shall be located, constructed and maintained so as to be fully usable during work day periods or as needed by the use on the premises. The required offstreet parking spaces shall not be utilized for vehicle storage or impounding, vehicle sales or leasing, fleet

parking or parking of vehicles used in connection with the business. All required parking shall be permanently available to all users without charge.

B.

Design. All off-street parking areas whether required or not shall be designed and developed in conformity with the off-street parking standards established by city council resolution. All parking spaces, except for one- and two- family dwellings on separate lots, shall be arranged so that vehicles are not required to back onto any public street for either ingress or egress.

C.

Nonconforming Parking. Nonconforming parking may be continued, subject to the provisions of subsection D of this section.

D.

Increase in Building Floor Area or Occupant Load. When the occupant load of any building (as defined in the Uniform Building Code) is increased, or when the building floor area on a lot is increased by a building addition or by the erection of a new building on the same development parcel (one or more lots), the offstreet parking for all uses and structures on that parcel shall be made conforming to the requirements of this title and the parking development standards adopted by council resolution, except as follows:

1.

In Zone M, the increase in occupant load of an existing building, except for any use which requires a conditional use permit, viz, retail store, restaurant, or recreational use, shall be exempt from this requirement.

Upon approval of a special permit, the parking requirements for a multiple-unit residential project may be reduced by two spaces.

(Ord. 2227; June 26, 1980: Ord. 2264; June 25, 1981: Ord. 2312; May 12, 1983: Ord. 2432 § 2; September 23, 1986: Ord. 2583 § 2; June 25, 1991 Ord. 2600 § 13; April 28, 1992: Ord. 2005-2753 § 1; March 8, 2005: Ord. 2015-2839, §§ 1, 2; April 14, 2015)

24.04.030 - Off-street parking requirements for residential uses.

A.

Parking and access required on the same building site. All required off-street parking and driveways to such parking shall be on the same building site. Unless tandem parking is specifically permitted, the access

to each required parking space shall be unrestricted by either the physical condition of the land or another parking space. This provision shall not be construed to prevent adjoining lots from utilizing joint-use driveways.

B.

Conversion of private garage or carport—closing of driveways. Any portion of any building providing required off-street parking may be altered, changed or converted for any other purpose only if the required minimum number of parking spaces is first provided elsewhere in full compliance with this chapter. Unless the driveway serving the old facility is used as the driveway for the new parking facility, it shall be removed and the curb opening shall be closed at the expense of the property owner.

C.

Location and arrangement of required parking for single family and duplex units. All required parking spaces shall be provided within a private garage. Parking may be arranged so that a vehicle may back into or on a public pedestrian way. This provision shall not be construed to prevent the temporary parking of private automobiles on driveways serving required parking spaces.

D.

Location and arrangement of required parking for multiple unit dwellings. All parking spaces shall be arranged so that vehicles are not required to back onto any public street. No parking space shall be located within required front yards. Parking visible from the street shall be screened by an ornamental fence.

E.

Parking of recreational vehicles may be located within an approved parking area anywhere on the property except within an access driveway or aisle to other parking, and set back at least ten feet from the existing or planned face of curbs of adjacent streets, but, in any case, not beyond the property line. In no case shall a vehicle over six feet in height be located within ten feet in any direction from a doorway or window of the habitable area of a dwelling unit located on an adjacent property. Parking areas within ten feet of an adjacent residential property shall provide a six foot (or four feet in the front setback) view-obscuring fence or wall, or dense landscaping, along such property line. This requirement shall be waived when there is a driveway, parking area, or solid building wall on the adjacent property. The parking of vehicles in approved areas shall be located in a position at approximately a ninety degree angle from the street. Recreational vehicles may not be stored within a required common driveway easement on panhandle or easement access lots.

1.

Parking areas for recreational vehicles which do not meet the criteria of Section 24.04.030E above may be approved by the Community Development Director when the Director finds that the following conditions are met:

a.

The parking of the recreational vehicle(s) within the above regulations is not feasible due to the unique physical circumstances of the property.

b.

The proposed location of the parking area, and the use of such area, will not present a conflict with the necessary sight distance required for vehicles and/or pedestrians, either within the right-of-way or on private property.

c.

If located within a portion of a required driveway, access for at least one vehicle in a garage is maintained and the recreational vehicle is kept in a transportable condition.

A notice of the Director's decision shall be sent to the owners of all property within three hundred feet of the boundary of the lot in question. The decision may be appealed to the Planning Commission within twenty-one days of the date of the mailed notices.

F.

Paved areas shall not exceed fifty percent of the lot area located between the front property line and the front setback line or fifty percent of the area between a side property line and a side setback line when located adjacent to a public street. Such parking areas shall include all areas used for the parking of vehicles and the areas providing access to such parking areas. All such areas provided for off-street vehicle parking shall be improved with concrete or asphalt paving, or with other permanent paving materials subject to the approval of the Planning Department including, but not limited to, brick, textured or ornamental paving, or similar materials; except for approved recreational vehicle parking area for singlefamily residence which may substitute gravel, crushed rock or other nonpermanent paving material when said nonpermanent paving material is contained within a railroad tie, concrete or masonry border approved by the Director of Planning. All parking areas shall be properly maintained and kept free of weeds, mud, and other debris. This section shall not prohibit the paving of a standard width driveway to a required offstreet parking area on a cul-de-sac lot or other similar narrow lot. Other properties may exceed the fifty percent limit upon approval of a special permit under Section 24.02.050.

G.

Parking of vehicles for seventy-two hours or less may be located in an access driveway or aisle to other parking. Parking in the driveway may be for more than seventy-two hours as granted by an adjustment pursuant to Section 24.02.040 of this title.

The intent of this paragraph is, if any vehicle is stored in such a manner as to block or remove daily access to or from required off-street parking, then the city will have a means to enforce the prohibition against such storage.

(Ord. 2252; March 12, 1981: Ord. 2465 §§ 1, 2; September 8, 1987: Ord. 2485 § 1; December 8, 1987: Ord. 2531 § 1; July 11, 1989: Ord. 2577 § 1; June 11, 1991: Ord. 2600 § 15; April 28, 1992)

24.04.040 - Off-street parking and driveways for commercial and industrial uses.

A.

Parking and Access Required on Same Building Site—Exceptions. All required parking areas and driveways to such parking areas shall be on the same building site with the buildings or uses they are to serve except such parking areas may be located on another site if (i) there is a traversable pedestrian route not more than three hundred feet in length over and along public streets or walkways or permanently established and improved easements between the proposed parking site and the buildings or uses it is to serve; (ii) such site is classified in any C or M zone or in any R zone, if a conditional use permit has been issued for such parking; (iii) all persons owning an interest in the proposed site have executed and recorded in the office of the county recorder a written declaration of covenants and restrictions in a form approved by the city attorney, guaranteeing that such site shall furnish the required number of required parking spaces on a continuing basis for the affected lot; (iv) the parking site is posted with a sign identifying it for use with the particular lot and business to which it is accessory. Off-site parking requirements in the downtown commercial (CD) zone may be satisfied through payment of an optional in-lieu parking fee pursuant to Chapter 12.65 on a per parking space basis for non-residential development.

B.

Provision for Collective Parking. Off-street parking and driveways to such parking may be collectively provided for use in common by two or more building sites, buildings or uses, without strictly complying with the requirement that each required parking space and driveways to such parking be on the same building site. The total of such off-street parking facilities provided collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this chapter. A declaration of covenants and restrictions described in paragraph A (iii) of Section 24.04.040 shall be recorded for that portion of each building site covered by such parking and driveways to guarantee the continued use of such collective parking for the benefit of all occupants of the individual building sites and to establish the responsibility for maintenance of such parking area.

(Ord. 2015-2839, § 3; April 14, 2015)

24.04.050 - Off-street parking required. ¶

All uses and structures in the city regardless of zoning shall be required to have the number of parking spaces specified in the following "Table of Requirements" subject to Section 24.04.020 C and D.

TABLE OF REQUIREMENTS

TABLE OF REQUIREMENTS
USE OR STRUCTURE	NO. OF REQUIRED PARKING SPACES
A. RESIDENTIAL1
(1) One-family dwellings (including mobilehomes and manufactured homes) or two-family dwelling on individual lots with parking on street frontage	2 per unit in a garage
(2) One-family dwellings (including mobilehomes and manufactured garage and two in a 20-foot homes) or two-family dwellings long driveway on individual panhandle or easement access lots	5 per unit, including 2 in a garage
---	---
(3) Planned residential development of one family dwelling or duplexes	2 covered per unit plus 1 space per unit for unassigned guest parking in the common area
(4) Dwelling units in apartments, condominium or community apartment projects2	2 per unit3
(5) Mobilehomes in mobilehome parks2	2.2 per mobilehome
(6) Motels and Hotels	1 per sleeping unit plus requirements for auxiliary uses such as ofces, restaurants, auditoriums, etc.
(7) Commercial residential use	1 space per adult resident
(8) Accessory dwelling unit	No parking spaces required (See Municipal Code Section 24.05.020.D.8.f.)
(9) Junior accessory dwelling units	No parking spaces required (See Municipal Code Section 24.05.0209D.9.f.(v))
(10) Emergency shelters	The number of required parking spaces shall be determined by the director of community development and shall be based on the operating characteristics of a specifc proposal, including, but not limited to, number of employees and service deliveries.
(11) Units in two-unit residential development, or on lots created by urban lot split	One or no parking spaces. See Section 24.05.032I
B. HEALTH AND SOCIAL WELFARE FACILITIES
(1) Hospital	2 per bed
(2) Residential care home, nursing home or other licensed home	1 per each 5 persons capacity, plus requirements for auxiliary uses such as ofces
(3) Ambulance service, live-in	1 per ambulance plus 1 per attendant
(4) Psychiatric hospitals	1 per 2 beds plus requirements for auxiliary uses such as medical ofces
C. PUBLIC ASSEMBLY FACILITIES
Auditoriums, churches, theaters and similar places of public assembly	1 per each 4 seats in the place of public assembly
D. SCHOOLS WITHOUT AUDITORIUMS
(1) Elementary and preschool	1 per classroom plus 5 additional spaces
---	---
(2) Junior High Schools	1 per each classroom plus 10 additional parking spaces
(3) High Schools	1 per classroom plus 1 space for each 10 students
(4) College, trade and professional schools	1 per classroom plus 1 per 2 student capacity
E. SCHOOLS WITH AUDITORIUMS	Either the foregoing requirements or the requirements under paragraph C whichever is the greater
F. RETAIL BUSINESS	1 per each 250 s.f. GLA1
G. SHOPPING CENTERS	1 per each 250 s.f. GLA
H. ALL NON-RESIDENTIAL USES WITHIN ZONE CD4	3 per each 1,000 s.f. GLA
I. ALL RESIDENTIAL USES WITHIN ZONE CD 5	1.5 per dwelling unit
J. RESTAURANTS	1 for each 250 s.f. GLA, exclusive of the dining area, plus 1 for each 3 persons seating capacity in the dining room
J.(1) RESTAURANT WITH AN ONSITE ALCOHOLIC BEVERAGE PRODUCTION USE	1 for each 250 s.f. GLA, for ofce/retail area, plus 1 for each 3 persons seating capacity in the dining room; and 1 per each 800 s.f. of GLA for the alcoholic beverage production use
K. OFFICES
(1) Medical, dental, or surgical ofces	1 per each 200 s.f. GLA
(2) Other professional ofces and fnancial institutions	1 per each 300 s.f. GLA
L. MANUFACTURING	1 per each 800 s.f. GLA
L.(1) ALCOHOLIC BEVERAGE PRODUCTION	1 per each 800 s.f. of GLA; plus 1 for each 3 persons seating capacity in any tasting/sampling room
M. WHOLESALING AND WAREHOUSING	1 per each 1,000 s.f. of GLA
N. AUTOMOBILE SALES	1 per each 1,000 s.f. GLA of indoor showroom display area plus requirements for auxiliary uses
O. FURNITURE AND APPLIANCE STORES (where large display area is necessary)	1 per each 600 s.f. GLA
P. MINI-WAREHOUSE STORAGE FACILITIES	6 spaces adjacent to the ofce/manager's unit and a 9 foot wide loading/parking aisle within any driveway adjacent to building walls containing storage bay doors in addition to the required aisle width for Fire Department access. In addition 1 loading space is required adjacent to all ground level entrances in multi-story facilities which

provide more than one entrance to an upper level with adjoining vehicle access. If only one entrance is provided to a second story facility, 2 loading spaces are required adjacent to the entrance. Q. OTHER USES (except parking garages) 1 per each 250 s.f. GLA

NOTES:

1 Where residential uses are permitted in connection with any other use, the required parking shall be physically separated from other required parking and made exclusively available for the residential use.

2 Of the required spaces, 4/10 of one space per dwelling unit shall be assigned to non-resident guests, delivery service, tradesmen, etc. and established in a convenient location, except within a garage. The area of such parking and each space shall be identified by appropriate signs.

3 Of the required parking spaces, one space shall be assigned to each dwelling unit. One or more additional spaces may be assigned to a dwelling unit. However, such additional spaces shall count towards the total required spaces for the development only to the extent of the requirement for the individual unit. The space requirement for non-residents, guests, etc. shall not be reduced.

4 Pursuant to Chapter 12.65, the in-lieu parking fee shall be made available as an option for satisfying offstreet parking requirements in the downtown commercial (CD) zone. The maximum number of in-lieu parking spaces allowed for a non-residential development shall be limited to 60 spaces per project as determined by the community development director. In the event that an existing building is demolished, no replacement credit toward the number of required parking spaces for the new building shall be granted. A site development plan for the in-lieu parking fee option shall be required. Applications for the use of the inlieu parking fee are limited based upon the supply and demand of available public parking spaces in the downtown commercial (CD) zone as determined by the community development director through an annual assessment.

5 Parking ratio of 1.5 spaces per dwelling unit in the CD zone reflects the 25 percent reduction for being close to transit. Additional residential parking ratio reductions for this purpose alone shall not apply.

(Ord. 2227; June 26, 1980: Ord. 2292; June 10, 1982: Ord. 2432 § 3; September 23, 1986: Ord. 2450 § 1; May 5, 1987: Ord. 2500 § 1; July 12, 1988: Ord. 2557 § 2; March 27, 1990: Ord. 2577 § 2; June 11, 1991: Ord. 2012-2826, § 2; November 13, 2012; Ord. 2015-2839, § 4; April 14, 2015; Ord. 2016-2847 § 2; June 14, 2016; Ord. 2019-2863, § 2, February 12, 2019; Ord. 2019-2865, § 2B, March 12, 2019; Ord. 2019-2866, § 2B, March 12, 2019; Ord. 2020-2879, § 2B, April 14, 2020; Ord. 2020-2880, § 2A, April 14, 2020; Ord. 2022-2894, § 5, February 8, 2022; Ord. 2023-2903, § 2A, March 14, 2023)

Chapter 24.05 - RESIDENTIAL ZONES AND DEVELOPMENT STANDARDS

Sections:

24.05.010 - Effect of chapter—Intent. ¶

This chapter establishes permission, regulations and requirements for the establishment and continuance of uses and structures in each residential zone except for vehicle parking requirements which are specified in Chapter 24.04. The intent and intended application of each residential zone is:

A.

Zone R1E (Semi-Rural Estate). This zone is designed to accommodate the large lot residential estate development in the Grossmont-Mt. Helix area. It is expected development will occur at densities of one to two dwelling units per acre predicated upon adequate streets, sewer, fire hydrant and other public facilities.

B.

Zone R1R (Semi-Rural Residential). This zone is designed to preserve the general characteristics of low density semi-rural environment which has developed along the southerly fringe of the city and to accommodate development up to three dwelling units per acre, predicated upon adequate streets, sewer, fire hydrants and other public facilities.

C.

Zone R1S (Suburban Residential). This zone is designed for those areas affected by moderate to severe hillside conditions and to the fringe of such areas. It is intended that development conditions including structure locations will be variable in order to achieve maximum allowable density without adversely affecting the hillside environment. Minimum grading which leaves natural appearing land forms is required in the development of these areas.

D.

Zone R1 (Urban Residential). This zone is designed for the more urbanized areas of the city where streets and other public facilities are generally adequate to accommodate a dwelling unit density of seven dwelling units per net acre.

E.

Zone R1A (Urban Residential-Alternative). This zone is specifically designed for the Rolando Knolls area. Same as Zone R1 but on lots of 9,000 sq. ft. a second detached residence may be constructed.

F.

Zone R2 (Medium Low Density Residential). This zone is designed to allow one and two family dwellings in the city. Apartments may be allowed, restricted to fourteen (14) dwelling units per net acre.

G.

Zone R3 (Multiple Unit Residential). This zone provides for apartment-type development within the City. The minimum net lot area per dwelling unit for residential development in this zone shall not be less than two thousand four hundred twenty (2,420) square feet, except that this may be reduced to no less than one thousand eight hundred ninety-five (1,895) square feet as provided by this Chapter. All projects in this zone

will be evaluated to ensure compliance with the development standards of this Title, City-adopted design objectives and standards, and the goals and objectives of the General Plan. The development and design standards applicable under this zone are minimum standards, and shall not be reduced solely for the purpose of achieving maximum density for any development.

H.

a.

The parking requirements for such uses may be modified through the conditional use permit review in accordance with Section 24.04.020I.

6.

Wireless communications facilities, either freestanding or attached to a building or structure, shall be subject to the requirements of the urban design program and approval by the design review board and city council in accordance with Resolution No. 15540, as well as approval of a conditional use permit. Conditional use permits for wireless communications facilities shall expire ten years from the date of approval, unless amended or extended by the planning commission.

Facilities (consisting of a single antenna) under three feet in width and height and located no higher than five feet above the building roofline are exempt from this review when serving residential uses on the subject property.

D.

Permitted Accessory Uses and Structures. Accessory uses and structures are those which are subordinate, clearly incidental and customarily appropriate to the operation of the principal use and are permitted in all residential zones. Those permitted accessory uses and structures shall be limited to:

1.

Accessory structures including: garages, carports for vehicles, and swimming pools; those structures used in landscaping and beautification of the building site including storage sheds, arbors, trellises, fences and flagpoles; and

a.

Temporary fabric shade structures assembled with non-permanent fasteners and without a foundation that comply with the following standards:

(1)

Only one permitted on a lot developed with a single-family residence.

(2)

The structure shall be no larger than four hundred square feet in size.

(3)

The structure shall not block or cover a required vehicle access easement, driveway, garage, carport, or required off-street parking.

(4)

The structure must comply with the height limit for detached accessory structures.

(5)

The structure must comply with all applicable building and fire safety requirements, and development standards as approved by the city. The property owner shall certify that they are abiding by the requirements and development standards.

(6)

The structure shall be maintained on the property for a maximum period of ninety consecutive days in a twelve-month period.

(7)

The structure may not encroach in any required setback. Exception: The structure may be located within a setback and anywhere else on the lot for special events not to exceed a total of forty-eight hours within any seven day time period. No other setback exceptions shall apply.

(8)

The structure may not be located in a front yard area as defined by Section 24.01.100. EXCEPTION: The development standards set forth above shall apply except as modified by approval of a special permit by the planning commission for the following: 1) exceeding the maximum ninety-day time period; 2) encroaching in setbacks or front yard areas; or 3) exceeding the size and height limitations.

b.

Conventional (open-grid or open-wire) television/radio receiving antennas, and satellite dish antennas which comply with the following standards:

(1)

Maximum dish diameter shall not exceed twelve feet.

(2)

Maximum overall height of fifteen feet from base to top of the antenna and all ancillary equipment in an operative position.

(3)

Dish antennas must be ground mounted.

(4)

Dish antennas must not be located between a building and an exterior property line abutting a public rightof-way (i.e., not located in front yards). This shall not preclude locating dish antennas in side yards of corner lots, rear yards of through lots, or other locations generally not visible from an adjacent street.

(5)

Dish antennas shall not be located within a required setback area from primary structures within the underlying zone district.

(6)

The area within which the antenna is located must be enclosed by a solid fence or wall of five to six feet in height (an existing perimeter backyard fence can be used to meet this requirement).

(7)

A maximum of one satellite dish antenna per residential lot.

(8)

Landscaping shall be installed in close proximity to the satellite dish antenna to screen the nonreceiving side of an antenna which will be clearly visible from an adjacent property. Landscaping materials installed to meet this requirement shall be of a size, type, quality, and located to reasonably screen the antenna within a three-year time period from the date of installation.

(9)

All dish antennas over three feet in diameter shall obtain a building permit as required by the building division.

(10)

Satellite dish antennas three feet in diameter or less shall be exempt from the screening requirements and may be located on a roof provided they are not greater than five feet above the height of the roof on which they are mounted.

(11)

All proposed dish antennas which do not comply with the above standards shall require a conditional use permit as provided in Section 24.05.020(D)(8)(d).

2.

In zones R2, R3 and RB zones, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:

a.

Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.

b.

Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered.

c.

Two adult potbellied pigs per dwelling unit.

d.

Ordinary household pets (no limits except for those listed above).

d.

Ordinary household pets (no limits except for those listed above).

e.

There shall be no boarding or keeping of animals for others.

f.

In the R2 and R3 zones only, on lots developed with one single-family residence, a minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit. Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.

3.

In zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:

a.

Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.

b.

Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered.

c.

Two adult potbellied pigs per dwelling unit.

d.

Ordinary household pets (no limits except for those listed above).

e.

A minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit. Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.

f.

In the R1R and R1E zones only, the following additional animals may be kept:

(1)

Bees may be kept in conformance with the regulations of San Diego County Department of Agriculture.

(2)

On lots over one-half acre in size, one horse, goat, or sheep.

g.

There shall be no boarding or keeping of animals for others.

4.

In Zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the persons occupying the premises, racing or homing pigeons may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8 (excepting therefrom location requirements with respect to specific distances from adjoining residences):

a.

The number of birds may not exceed one hundred.

b.

The birds shall be kept confined in aviaries except when exercising for short periods.

c.

The aviaries shall observe the setbacks required for principal buildings within the zone, but in no case be located within thirty feet of any residence on an adjoining lot.

d.

The owner shall be affiliated with a certified racing pigeon club or organization.

e.

The cages and food supplies shall be kept clean and clear of pests.

5.

Uses customarily enjoyed by a family such as gardening, horticulture, and hobbies. Hobbies shall not be construed to mean the manufacture of goods or services provided in connection with a home occupation or any use set forth in paragraph 7 below.

6.

Fences, walls and retaining walls, as per the development standards of this chapter.

7.

Home occupations operated by residents of the property, conducted wholly within the dwelling unit.

8.

Accessory Dwelling Units, Attached and Detached.

a.

Development and Use Standards.

i.

One attached or one detached accessory dwelling unit may be permitted in conjunction with an existing or proposed dwelling on lots zoned for single-family or multifamily residential use.

ii.

The floor area of an attached or detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

iii.

An additional five percent of lot coverage above that established for the underlying zoning designation shall be allowed for accessory dwelling units only for lots of ten thousand square feet or less and where there is an existing single-family residence.

iv.

An accessory dwelling unit may be permitted on the same lot as a junior accessory dwelling unit.

v.

Except as provided herein, attached and detached accessory dwelling units shall comply with the development standards of the underlying zone and/or overlay zone, and all other ordinances, regulations, and policies, applicable to the development of residential dwelling units.

vi.

No lot coverage limitation, front setback, minimum open space requirement, or minimum lot size requirement shall preclude the development of an accessory dwelling unit that is at least eight hundred square feet in area with side and rear setbacks of not less than four feet, provided that all other development standards are met.

vii.

Except as provided herein, attached and detached accessory dwelling units shall comply with all local building and fire code requirements, as appropriate.

viii.

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

ix.

Projects solely proposing the development of an accessory dwelling unit shall be exempt from public rightof-way dedication and improvement requirements.

b.

Setbacks for Accessory Dwelling Units.

i.

Except as provided herein, attached and detached accessory dwelling units shall comply with the setbacks required for the primary dwelling as established by the underlying zoning designation or overlay zone, as applicable.

ii.

Notwithstanding the setbacks established by the underlying zoning designation or overlay zone, attached or detached accessory dwelling units shall have a setback of not less than four feet from side and rear property lines, or from the interior edge of adjacent access easements, whichever is more restrictive, except where the underlying zoning allows a lesser setback.

iii.

Any accessory dwelling unit that is created by new construction, including additions to existing structures, that does not comply with the setbacks established by the underlying zoning designation or overlay zone shall be maintained as an accessory dwelling unit and shall not be converted to or used for any other purpose without express authorization of the city.

iv.

iii.

One or more accessory dwelling units on a lot with an existing multifamily dwelling converted from nonlivable space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages), provided that each unit complies with state building standards. The greater of one accessory dwelling unit or accessory dwelling units totaling not more than twenty-five percent of the existing dwelling units in a multifamily dwelling structure may be permitted on lots with existing multifamily dwelling structures in any residential or mixed-use zone.

iv.

Up to two detached accessory dwelling units located on a lot with an existing or proposed multifamily dwelling, provided that each unit has side and rear setbacks of not less than four feet and complies with the height limitations of the underlying zoning district. The two accessory dwelling units allowed by this subsection may be created from converting space within an existing accessory structure that is detached

from the primary residential structure(s), provided that setbacks are sufficient for fire safety as determined by the fire marshal or the building official. If the existing multifamily dwelling has a rear or side setback of less than four feet, modifications to the existing multifamily dwelling shall not be required.

f.

Parking.

i.

New or additional parking spaces shall not be required for the creation of accessory dwelling units.

ii.

Where provided, parking spaces for accessory dwelling units shall comply with Chapter 24.04 (Parking) of the Municipal Code, including, but not limited to, the design requirements of the parking standards adopted by city council resolution no. 17128, or as those standards may be amended or modified by city council action.

iii.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, any required parking spaces removed shall not be required to be replaced.

g.

Utilities.

i.

Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, except that an accessory dwelling unit proposed to be constructed with a new single-family residence may be considered a new residential use for the purposes of calculations connection fees or capacity charges.

ii.

For an accessory dwelling unit that is contained wholly within the space of an existing or proposed singlefamily residence or an existing accessory structure, plus any expansion of the accessory structure as allowed by Section 24.05.020D8e(i), has independent exterior access from the existing residence and the side and rear setbacks are sufficient for fire safety, no new or separate utility connection directly between the accessory dwelling unit and the utility shall be required and no related connection fee or capacity charge shall be imposed, unless the accessory dwelling unit is proposed to be constructed with a new single-family residence.

iii.

For an accessory dwelling unit that does not meet the criteria of Municipal Code Section 24.05.020D8c(ii) and where the physical characteristics of the lot on which the accessory dwelling unit is proposed preclude

connection to the existing utility connection of the primary dwelling, a new or separate connection directly to the utility shall be required and related connection fees and capacity charges shall be imposed.

iv.

For attached or detached accessory dwelling units constructed on the same lot as an existing multifamily dwelling structure as described in Section 24.05.020D8e(iii) and (iv), a new or separate utility connection may be required between the accessory dwelling unit and the utility. The connection may be subject to a connection fee and/or capacity charge.

v.

Connection fees and capacity charges shall be imposed for accessory dwelling unit projects that voluntarily propose a new or separate connection directly between the accessory dwelling unit and the utility.

vi.

When connection fees and/or capacity charges are imposed, the fee and/or charge shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its area or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code, upon the water or sewer system. The fee and/or charge shall not exceed the reasonable cost of providing this service.

vii.

Prior to approval of an accessory dwelling unit on properties with a private sewage system, approval by the County of San Diego Department of Environmental Health, or any successor agency, shall be required.

h.

Permit and Review Requirements.

i.

Not more than one attached accessory dwelling, one detached accessory dwelling unit, and one junior accessory dwelling unit shall be permitted on a lot with an existing or proposed single-family dwelling.

ii.

Not more than two detached, new construction accessory dwelling units shall be permitted on a lot with an existing or proposed multifamily dwelling.

iii.

Applications for accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application, if there is an existing single-family or multifamily dwelling on the lot. If a permit application for an accessory dwelling unit is submitted with an application for a new single-family or multifamily dwelling on the same lot, approval or denial of the accessory dwelling unit shall be delayed until the city approves or denies the permit application for the

single-family or multifamily residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.

iv.

The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit shall not be required for approval of a building permit for an accessory dwelling unit.

v.

No impact fees shall be imposed for an accessory dwelling unit that is less than seven hundred fifty square feet in area. Any impact fees charged for an accessory dwelling unit that is seven hundred fifty square feet in area or greater shall be assessed proportionately in relation to the square footage of the primary dwelling unit. "Impact fee" as used herein does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

vi.

Any demolition permit required for or associated with an application for construction of an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

vii.

"Accessory dwelling unit" shall be as defined in Municipal Code Section 24.01.100.

ii.

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

iii.

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

iv.

"Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

v.

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

vi.

"Public transit" shall mean a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

vii.

"Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

viii.

"Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special nointerest loan program.

9.

Junior Accessory Dwelling Units:

a.

One junior accessory dwelling unit may be permitted in conjunction with an existing or proposed singlefamily residence on lots zoned for single-family or multifamily residential use.

b.

A junior accessory dwelling unit may be permitted on the same lot as one accessory dwelling unit.

c.

A junior accessory dwelling unit shall not be sold separately from the primary residence.

d.

A junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.

e.

The owner of a lot with a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing.

f.

Junior accessory dwelling unit development standards:

(i)

A junior accessory dwelling unit shall not exceed five hundred square feet in total floor area.

(ii)

A junior accessory dwelling unit shall be contained entirely within an existing or proposed single-family residence. Attached, enclosed uses, including garages, are considered a part of the proposed or existing single-family residence. For purposes of this subsection, "attached" shall mean that the enclosed use shares a common wall with interior, habitable living space of the primary dwelling unit.

(iii)

A junior accessory dwelling unit shall be provided with a separate exterior entry.

(iv)

A junior accessory dwelling unit shall include an efficiency kitchen, with the following components:

(1)

A cooking facility with appliances.

(2)

A food preparation counter and storage cabinets that are reasonable to the size of the unit.

(v)

No additional parking shall be required for a junior accessory dwelling unit other than that required when the existing primary residence was constructed.

(vi)

A junior accessory dwelling unit may share bathroom/sanitation facilities with the primary residence or may provide separate facilities. If the junior accessory dwelling unit shares sanitation facilities with the primary residence, an interior entry to the primary residence's main living area shall be maintained to provide access to the sanitation facilities.

g.

Except as provided herein, a junior accessory dwelling unit shall comply with all local building and fire code requirements, as appropriate.

h.

i.

Junior accessory dwelling units shall not be required to provide fire sprinklers or fire attenuation specifications if they are not required for the primary residence. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.

j.

No sewer or water connection fees shall be required for the development of a junior accessory dwelling unit. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.

k.

Prior to issuance of a building permit for a junior accessory dwelling unit, a covenant shall be recorded between the owner and the city of La Mesa agreeing to the terms stipulated in this chapter. The covenant shall specifically mention that:

(i)

The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit.

(ii)

The junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.

(iii)

The junior accessory unit is limited to the size and attributes set forth by this section.

(iv)

The owner of record of the property shall occupy the primary dwelling unit or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing.

(v)

The covenant shall be binding upon any successors in interest or ownership of the property and lack of compliance with the provisions thereof may result in legal action against the property owner, including revocation of the right to maintain a junior accessory dwelling unit on the property.

Applications for junior accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application if there is an existing single-family dwelling on the lot. If a permit application for a junior accessory dwelling unit is submitted with an application for a new single-family dwelling on the same lot, the approval or denial of the junior accessory dwelling unit shall be delayed until the city approves or denies the permit application for the single-family residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.

m.

Projects solely proposing a junior accessory dwelling unit shall be exempt from the requirements for public right-of-way dedication and improvement.

10.

Accessory Uses and Structures by Conditional Use Permit:

a.

Tennis, handball or similar courts. (As part of the original construction of a PRD, condominium or apartment development, such court may be approved through the normal project review, providing the judgment is made that its location, lighting and use will not be disruptive to adjacent residential properties.)

b.

Columbarium cabinets with a capacity to store more than two hundred urns, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings.

c.

The construction of large objects unrelated to the premises such as boats or airplanes on a one-time basis.

d.

Non-conventional antennas, and satellite dish antennas over three feet in diameter which do not comply with the provisions of Section 24.05.020.D.1.

11.

Commercial residential use within a detached single-family residence with six or fewer adult residents upon issuance of a business license, when the following provisions are met:

a.

A minimum of two hundred square feet of living area shall be provided per adult resident.

b.

c.

A minimum of two bathrooms, each including either a bathtub or shower, shall be provided.

12.

Unattended storage containers for recyclable materials occupying less than fifty square feet located on the premises of residential property and used solely for the recycling of material generated by the residential property, or unattended storage containers for recyclable materials on permitted institutional uses in residential districts for the donation of recyclable materials for noncommercial purposes. Such storage containers shall be located in the general vicinity of other trash collection facilities on the site.

13.

Small family day care homes located in a single-family residence.

14.

Large family day care homes located in a single-family residence when the following criteria are met:

a.

A minimum of one off-street parking stall shall be provided for the unloading/loading of children.

b.

All outdoor play areas shall be enclosed within a minimum four-foot high fence.

c.

A plot plan shall be furnished to the planning department with the business license application clearly showing how items a. and b. are being met.

d.

The fire department has conducted an inspection of the property prior to issuance of the business license to ensure that all Fire Codes applicable to such a facility are being met.

15.

Columbarium cabinets or columbaria, with a capacity limited to store two hundred urns or less, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings.

16.

Exterior lighting shall be compatible with residential use. All lighting shall be designed, installed and maintained to project the light primarily on the owner's property. This may require the use of shields, and

may limit the location, type and height of light fixtures. Any light falling on adjacent properties shall be minimal and incidental. Lighting shall be focused directly on the owner's property, and shall not be focused on adjacent properties.

(Ord. 2263; May 19, 1981: Ord. 2421 §§ 2, 3; March 11, 1986: Ord. 2446 § 1; January 27, 1987: Ord. 2484 § 2; November 10, 1987: Ord. 2528 § 1; June 13, 1989: Ord. 2557 §§ 3, 4; March 27, 1990: Ord. 2569 §§ 1, 2; January 22, 1991: Ord. 2583 §§ 3, 4; June 11, 1991: Ord. 2598 § 2; March 24, 1992: Ord. 2600 §§ 16-18; April 28, 1992: Ord. 2643 §§ 2, 3; May 24, 1994: Ord. 2646 § 1; June 28, 1994: Ord. 2658 §§ 1—3; May 9, 1995: Ord. 97-2684 §§ 2—7; October 14, 1997: Ord. 2001-2714 § 2; November 13, 2001: Ord. 2002-2720 § 1 (part); June 11, 2002: Ord. 2002-2723 § 2; September 24, 2002: Ord. 2003-2736 § 1; October 14, 2003: Ord. 2003-2741 § 1; November 12, 2003: Ord. 2003-2743 § 1; November 25, 2003: Ord. 2014-2832 §§ 2— 4; April 8, 2014: Ord. 2016-2845 §§ 2, 3; February 9, 2016; Ord. 2019-2865, §§ 2C, D, March 12, 2019; Ord. 2019-2866, § 2C, March 12, 2019; Ord. 2020-2877, § 1, January 28, 2020; Ord. 2020-2879, § 2C, D, April 14, 2020; Ord. 2020-2880, § 2A, April 14, 2020; Ord. 2022-2894, § 6, February 8, 2022; Ord. No. 20232903, §§ 2B, C, March 14, 2023; Ord. No. 2023-2904, § 2, March 14, 2023; Ord. 2024-2912, § 1, August 13, 2024)

24.05.025 - Density bonus. ¶

This section provides for an increase in the allowed density of residential development under the R3 and RB Zones. By discretionary, individual project review, the required minimum building site area per dwelling unit for a residential project under these zones may be decreased from two thousand four hundred twenty square feet to one thousand eight hundred ninety-five square feet, according to the procedures and allowances of this section. The intent of this section is to allow increased density as an incentive, in return for provision of specified project features and amenities as set forth herein. This section also addresses the provision of a low and moderate-income housing density bonus in any zone that permits residential use.

A.

Bonus Prerequisites. Projects which are intended to earn an increase in density under the provisions of this section shall be subject to site design and architectural review and approval, by the design review board in accordance with the urban design program and procedures, adopted by city council Resolution Nos. 15539 and 15540.

B.

Bonus Point System. The "base" density allowance is hereby defined as the requirement of at least two thousand four hundred twenty square feet of building site area per dwelling unit. Residential projects shall be allowed to earn a reduction in this requirement by earning points as set forth below. The total point score of a project shall be subtracted from two thousand four hundred twenty to result in a final requirement of square footage of building site area per dwelling unit for that project. The maximum total point score allowed to be earned for any project shall be five hundred twenty-five.

C.

Bonus Categories. Density bonus points may be earned under any one, or any combination of all, of the following categories.

1.

Provision of Extra Recreation and Leisure Open Space. Bonus points shall be earned for provision of recreation and leisure open space above the minimum requirement established in Section 24.05.030(H). For purposes of calculating the minimum requirement, all project units, including those allowed by earning a density bonus, shall be included. The ratio of points earned per amount of open space, and the maximum points allowed under this category, are as specified in subsection D (below), Table of Density bonus Points per Category. All development standards for common and private open space as specified under Section 24.05.030(H) shall continue to apply.

2.

Provision of Extra Parking. Bonus points shall be earned for provision of off-street parking spaces or stalls above the minimum number required under Chapter 24.04. For purposes of calculating the minimum requirement, all project units, including those allowed by earning a density bonus, shall be included. The ratio of points earned per amount of extra parking, and the maximum points allowed under this category are as specified in subsection D, Table of Density bonus Points per Category. All development standards for parking as specified by this title shall continue to apply. Extra parking may be either assigned to dwellings or made available as guest/delivery parking, however, no more than two parking spaces or stalls may be assigned to a dwelling unit for purposes of earning bonus points.

3.

Provision of Enclosed Parking. Bonus points shall be earned for enclosing parking completely within a garage, or in a basement or first floor of a principal structure. The ratio of points earned per amount of parking enclosed and the maximum points allowed under this category are as specified in subsection D, Table of Density bonus Points per Category. For purposes of calculating the percentage of parking enclosed, all off-street parking provided shall be considered. All development standards for parking, as specified by this title, shall continue to apply. In no case shall guest/delivery parking be enclosed. For purposes of earning bonus points, at least fifty percent of all parking provided shall be enclosed before points shall begin to be earned.

4.

Provision of Family Housing. Bonus points shall be earned for providing a percentage of total project dwelling units with three or more bedrooms each, each of which also is at least one thousand square feet in gross floor area. For purposes of calculating the percentage of such units, all project units, including those allowed by earning a density bonus, shall be included. The ratio of points earned per percent of such units and the maximum points allowed under this category are as specified in subsection D, Table of Density bonus Points per Category.

5.

Housing for the Physically Handicapped. Two hundred ten bonus points shall be earned for satisfying all design and construction standards of the California Administrative Code, Part 2, Title 24, Handicap Requirements.

Table of Density Bonus Points per Category. The following table establishes the point value, or amount of points to be earned, in return for a specified amount of amenity under each density bonus category, and the maximum points allowed to be earned under each category. The regulations of subsection C (above) shall be used in calculating point scores according to these values.

TABLE OF DENSITY BONUS POINTS PER CATEGORY

Bonus Category	Point Value	Maximum Points Allowed
Extra Recreation/Leisure Open Space	21 points per each 1% of extra open space	105 points for extra common open space, and 105 points for extra private space
Extra Of-street Parking	21 points per each 1% of extra number of spaces/stalls	105 points
Enclosed Parking	3 points per each 1% of spaces completely enclosed	240 points
Family Housing	10.5 points per each 1% of project units of 3+ bedrooms and 1,000 square feet each	315 points
Handicap Housing	210 points for following C.A.C., Title 24 Handicap Requirements

E.

Provision of the Low/Moderate Income Housing Density Bonus

1.

A Low/Moderate Income Housing Density Bonus will be provided in accordance with the provisions of California State Law, Government Code, Section 65915, in any zone that permits residential use. Compliance with this section shall be implemented as set forth below.

(a)

Proposals for a Low/Moderate Income Housing Density Bonus shall be considered in accordance with the procedures specified in this chapter.

(b)

A request for incentives or concessions regarding development standards or design considerations shall be subject to site development plan review and urban design review and approval by the design review board.

(c)

A request for financial incentives for an affordable housing development shall be considered by the legislative body.

Guarantee of Occupancy of Low/Moderate Income Units.

(a)

Projects which qualify for a density bonus by provision of units for low-and-moderate or lower income households, shall be subject to the provisions of this paragraph to guarantee the occupancy of such units by income-restricted households.

(1)

Renter-Occupied Units—Recordation of Deed Restrictions. Projects which are exclusively renter-occupied shall, prior to final inspection by the city building department, have recorded a deed restriction which has been approved by the planning department, which guarantees that the specified number of dwelling units will be occupied by the intended low-or-moderate or lower income households, at rental rates affordable to such households. Such deed restriction shall include such provisions as may be required by city council adoption of "supplementary rules for deed restrictions for rental of low-or-moderate and lower income dwelling units."

(2)

Owner-Occupied Units—Recordation of Deed Restrictions. "Community housing projects" as defined in Title 22, Subdivisions, shall have a deed restriction recorded with the final subdivision map which has been approved by the planning department, which guarantees that the specified number of dwelling units will be occupied by the intended low-or-moderate or lower income households, at rental or purchase prices affordable to such households. For such units designated to be exclusively renter-occupied, the deed restriction shall include such provisions as may be required by city council adoption of "supplementary rules for deed restrictions for rental of low-or-moderate and lower income dwelling units." For such units designated to be owner-occupied, the deed restriction shall include such provisions as may be required by city council adoption of "supplementary rules for deed restrictions for owner-occupied low-or-moderate or lower income dwelling units.

(Ord. 2351; April 26, 1984: Ord. 2480 § 1; October 27, 1987: Ord. 2737 § 1; October 14, 2003)

24.05.026 - Density bonus for historical landmarks. ¶

Whenever a property contains a locally designated historical landmark, the number of dwelling units permitted on a parcel under the site's zoning designation may be increased by one dwelling unit. This density bonus unit may be permitted in any R Zone except in an R1 Zone where the property already contains a single-family dwelling unit and an accessory dwelling unit. The resulting density shall be considered consistent with the corresponding General Plan Land Use Element Map Designation density guidelines.

(Ord. 2583 § 5; June 25, 1991).

24.05.030 - Development standards.

All structures and uses within all residential zones shall be subject to the provisions and requirements of this chapter. All buildings and structures shall be located in accordance with setback requirements except as provided in the approval of a Planned Residential Development, and shall not exceed the maximum height specified. All lots created pursuant to Title 22 shall have minimum dimensions given in subsection B below with the exception of a Planned Residential Development for which a site plan has been approved as per this Chapter. Panhandle or easement access lots shall meet the additional requirements set forth in Title 22.

A.

GENERAL RULES AND DEFINITIONS. The following definitions and rules apply to the creation of lots and the buildings which may be constructed on them. Setbacks and height limitation requirements are for the purpose of providing minimum requirements for the location and the maximum height of all buildings and structures other than fences. "Setbacks" have no relation to the front, side or rear of the building. "Setback" means the distance the structure is located (setback) from a building site boundary.

B.

TABLE OF DIMENSIONS FOR BUILDING SITES OR LOTS/MINIMUM SETBACKS/AND MAXIMUM HEIGHT REQUIREMENTS FOR STRUCTURES OTHER THAN FENCES.

Characteristic of Lot, Location and Height	R1E	R1R	R1S	R1	R1A	R2	R3	RB
Width	100′	80′	80′	60′	60′	60′	70′	70′
Depth	100′	80′	80′	70′	70′	70′	70′	70′
Area (in sq. ft.)	21,800	15,000	10,000	6,000	6,000	6,000	14,000	14,000
Front Setback	20′	20′	20′	15′*	15′*	15′*	15′	15′
**Side Setback	15′	10′	10′	5′	5′	(5′ per story plus 4′ for ll di 100′
**Rear Setback	30′	30′	30′	15′	15′	was exceeng length)
***Structure Height	20′	20′	20′	20′	20′	20′	30′	30′
°****Coverage	40%	40%	40%	40%	40%	-	-	-

Notes: Irrespective of these requirements the following shall apply:

*1) Front Setback. 20 feet for garage if driveway less than 20 feet long would result. A driveway is measured from the property line side of the sidewalk or from the edge of a required access driveway easement.

**2) Side and Rear Setbacks. Any building or portion of a building containing an auditorium or other place of public assembly shall be required to have minimum side and rear setbacks of 50 feet unless the design of such building adequately provides for the attenuation of noise from such facility.

***3) Heights of Buildings.

a.

The maximum height of buildings in Zones R3 and RB, and buildings for which a conditional use permit or site development plan is required may be increased by special permit.

b.

The maximum height of a detached accessory structure shall be one story not to exceed fifteen feet, except by special permit. This limitation shall not apply to the construction or permitting of accessory dwelling units.

c.

The maximum height of structures shall be altered as follows:

1.

If a building site is filled to more than three (3) feet above natural grade, the maximum height for a building within 30 feet of property line shall be reduced by the difference between the natural grade and "grade" as defined in the Uniform Building Code.

2.

If the average natural slope of a building site is 25% or more, the maximum height for a building shall be as follows:

a.

For a building site which slopes upward from the street: 15 feet, measured from the average natural grade within 5 feet of the building wall at the highest elevation of its foundation, to the highest point of the building.

b.

For a building site which slopes downward from the street: 15 feet, measured above the average grade at back-of-sidewalk to the highest point of the building.

°****4) Coverage. All buildings, including accessory buildings and structures shall cover not more than forty percent of the lot area.

*****5) Panhandle and Easement Access Lot Setbacks for Single-Family Zones. All front, side and rear setbacks for panhandle and easement access lots (those without frontage on a public street) in all singlefamily zones except R1E Zones shall be equal to the front setback dimension required under the lot's zoning designation. The setback shall be measured from all property lines and from the interior edge of a required access driveway easement, whichever is greater.

******6) Panhandle and Easement Access Lot Size Requirement for Single-Family Zones. The minimum lot size requirements for lots created by minor subdivisions which utilize panhandle or easement access

driveways in all single-family zones except R1E Zones shall be increased by the following ratios:

Lot with required street frontage and/or first lot within subdivision off private driveway or road >50 percent above minimum All additional lots 100 percent above minimum

When an existing legal residential structure on a lot within the R1, R1A, R1S, R1R, or R1E zone has nonconforming setbacks under the current zoning designation, new construction of single-story additions may observe reduced setbacks equal to the existing setbacks of the nonconforming structure subject to the following conditions:

a. The addition shall match the architecture, materials, colors, and roof style of the existing residence.

b. The resulting setback shall not be less than the current setbacks for the R1 zone.

(Added by Ordinance No. 2248, adopted by city council, December, 1980)

1. The minimum lot size for an urban lot split is 1,200 square feet as per Section 22.045.010D.

C.

Minimum Court Width or Distance Between Buildings. The minimum distance between building walls around a court or between buildings on the same building site shall be one-half the total height of both buildings or opposite portions of the building forming a court, plus four feet for each opposite building wall exceeding one hundred feet in length; provided: (1) buildings located in a corner-to-corner position where

building walls do not overlap and are situated approximately perpendicular to each other may be spaced ten feet apart; and (2) a building wall having vehicular entrance shall be located not less than thirty feet from the opposing wall. Exceptions—The following exceptions apply:

a.

The minimum distance between a one- or two-family dwelling and its accessory building or between such accessory buildings may be reduced to six feet if there is no conflict with subsection (C)(2) of this section.

b.

If there are no windows in either opposing wall and there is no conflict with subsection (C)(2) of this section, the minimum distance shall be as permitted in the Uniform Building Code.

c.

Appendages to buildings may project into required court widths or building separations, as provided in this section.

d.

Structures strictly for landscaping purposes may be located between buildings.

e.

Other exceptions to minimum court width or distance between buildings may be granted by the design review board in conjunction with their review of multifamily residential or mixed-use development. In no case shall the distance between buildings be less than the minimum required by the Uniform Building Code.

Five hundred sq. ft. per unit for the first ten units;

2.

Four hundred sq. ft. per unit for units eleven through twenty;

3.

Three hundred sq. ft. per unit for units twenty-one and above.

The requirement for recreation space may not be satisfied through the utilization of required setbacks, parking areas, yards or building separation. One hundred s.f. of the required square footage per unit may be provided in private open space such as patios and balconies, however, such private open space must

have a minimum area of seventy-two sq. ft. and a minimum dimension of six ft. Common open space may include game courts or rooms, play lots, putting greens, roof gardens, sundecks, swimming pools and similar areas which serve all the residents of the development, and shall not include man-made earth banks. In order to meet the requirements of this section, only fifteen percent of total required area may be counted within structures, and only fifteen percent of the required space may be provided on roofs. This requirement for recreation space shall not be construed to prescribe any specific type of recreation. This requirement reserves space for any kind of recreational use whether it be passive or active.

(Ord. 2312; May 12, 1983).

I.

Fences and Retaining Walls. The height of any fences or walls (including any combination of freestanding fence or wall on top of a retaining wall) shall be measured from the midpoint between the finished surface grades on both sides of the fence or wall, measured along sections not exceeding ten feet in length.

1.

Fences or walls within the minimum front setback for a principal building shall not exceed four feet in height. Fences or walls in any other location shall not exceed six feet in height. However, fences or walls of greater height may be allowed by special permit, where topographic or other conditions reduce the effectiveness of normal height fences for privacy. In no case shall a fence or wall in an area required for sight distance visibility exceed the height established by this chapter to maintain such visibility.

2.

Fences or walls are permitted as may be approved at the discretion of the building and planning departments as per Chapter 24.04 of this title for the purpose of separating recreational vehicle parking areas from adjacent properties and streets.

3.

Fences are permitted as necessary in conjunction with approved accessory uses, including tennis courts, handball courts, or similar recreational facilities, except within any required front or side setback.

4.

Fences are permitted as may be required in the approval of a site development plan to reduce the impact of the proposed development on adjoining present or future uses.

5.

Fences and guardrails which do not exceed the minimum specifications of the Uniform Building Code and which are required by that code shall be permitted.

6.

Retaining walls within any required minimum front, rear or side yard setback shall not exceed a height needed to retain (i) a fill of three feet or (ii) a cut of six feet.

7.

For corner lots which abut another corner lot which shares a common rear property line, fences up to six feet in height shall be allowed within the reduced front setback area. However, any such fence shall not exceed the maximum height established by Section 24.05.030N of this chapter for sight distance visibility.

J.

ENCLOSURES FOR EQUIPMENT REQUIRED. All equipment for operation of a building, including heating and air conditioning equipment and ducts shall be closed either (i) within the building, (ii) within a penthouse or similar roof enclosure or (iii) within a structure, subject to the same front, side and rear setback and spacing requirements for principal buildings. Such structures or enclosures shall be architecturally compatible with the principal building and designed to both screen their view from any person on the street or an adjacent site and to attenuate noise. Window type air conditioners shall not project beyond any required setback or space between buildings. In no case shall the collection surface of a solar collection device be required to be covered or otherwise shaded.

K.

GRADING. Any grading done in connection with development of residential properties shall be minimal and the resulting development will leave natural appearing landforms.

L.

SETBACK EXCEPTIONS FOR SUBSTANDARD LOTS. Notwithstanding the provisions of Section 24.05.040 E.3, substandard lots developed under previous zoning regulations may reduce the required setbacks to the original setbacks under which the lot was developed, provided the total coverage does not exceed forty percent of the lot area.

1.

Said reduction will equalize the required setbacks to no less than those of surrounding development.

2.

Said reduction does not result in a front setback less than that of adjoining lots having frontage on the same street.

3.

Said reduction will not provide a development privilege that could not be granted to a similar lot in the same zone and vicinity.

A notice of the Director's decision shall be sent to the owners of all property within three hundred feet of the boundary of the lot in question.

The decision may be appealed to the Planning Commission within fifteen days of the date of the mailed notice.

(Ord. 2248; December 25, 1980: Ord. 2600 § 19; April 28, 1992).

M.

DESIGN OF MOBILEHOMES/MANUFACTURED HOMES ON INDIVIDUAL LOTS. The exterior siding, roof overhang, roofing material of new single family residences certified under the National Mobilehome Construction and Safety Standards Act of 1974, which are placed on permanent foundations outside of mobilehome parks, shall be similar to those of the neighborhood in which they are constructed or installed.

N.

SIGHT DISTANCE VISIBILITY REQUIRED. Notwithstanding any other provision of this Title, no structure or facility shall be located as to interfere with sight distance necessary for the safe passage of vehicles and pedestrians. At the junction of two streets, alleys, driveways or any combination thereof, there shall be maintained triangular-shaped areas for sight distance purposes within which no structure, fence, shrub, parking, or other physical obstruction shall be allowed which is higher than thirty-six inches above the grade of the adjacent curb or edge of pavement. Such triangular areas shall be measured as follows: At a street/street or street/alley intersection, one angle shall be formed by extensions of the right-of-way lines at the intersection; two sides shall be measured back from this angle along the extensions a distance of fifteen (15) feet each; and the third side shall connect the ends of these two lines. Where an intersection involves private streets or driveways where there is no right-of-way line, the triangle shall be formed by a line(s) measured along the back of sidewalk, face of curb or edge of pavement.

O. TRASH AND RECYCLING ENCLOSURES

There is a car share vehicle within one block of the lot.

J.

Rental terms for any residential unit created under the provision of this section or for any unit on a lot created by urban lot split shall be for periods of thirty-one consecutive days or longer. Rental tenancy cannot terminate, and new tenancy cannot commence, prior to the expiration of at least one 31consecutive-day occupancy period by the same tenant.

K.

Dwelling Units Permitted.

1.

No more than a total of four dwelling units, inclusive of accessory dwelling units, shall be permitted on any one lot utilizing two-unit development standards.

2.

A total of two accessory dwelling units may be allowed on a property utilizing the two-unit development standards. One of the accessory dwelling units may be a junior accessory dwelling unit.

3.

Notwithstanding Sections 24.05.032K1 and K2, no more than a total of two units shall be permitted on any one lot that was created utilizing the urban lot split provisions of Chapter 22.045. Accessory dwelling units or junior accessory dwelling units shall not be permitted on lots created utilizing the urban lot split provisions of Chapter 22.045 and that additionally utilize the two-unit residential development standards of this section.

L.

All applicable Building and Fire Codes shall apply to two-unit residential developments, including, but not limited to, construction standards related to building separation, fire sprinkler requirements, accessibility standards, and fire department access and water availability requirements.

M.

A two-unit residential development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact as defined and determined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate the specific, adverse impact.

(Ord. 2022-2894, § 8, February 8, 2022)

24.05.035 - Planned residential developments. ¶

Planned residential developments (PRD's) shall be allowed in any of the R1 (single-family residential) zones as allowed in this chapter and shall be subject to the allowances, requirements, and limitations of this section.

A. PRD—INTENT AND PURPOSE

PRD's are residential developments which are granted relief from the absolute design and development standards of this chapter, for the purpose of achieving superior and imaginative design related to the natural features and amenities of the land. Such relief is intended to be granted only when the benefits outlined in this paragraph are achieved. In a PRD the land and structures are planned and developed as a whole, incorporating the elements of buildings, circulation, parking, open space and utilities. The benefits to be achieved are, to preserve unique characteristics and features of geography, geology, topography or history; to obtain imaginative design in complement to the area setting; to obtain economical and efficient use of land; and to provide a higher level of design amenities and preservation of open space than possible with a conventional subdivision. It is not intended that a PRD result in nothing more than a substandard subdivision: the relief from standards granted through a PRD is in return for the benefits achieved.

B. PRD—USE ALLOWANCE

The principal and accessory uses allowed in a PRD development are the same as those allowed under the PRD site's zoning. All required findings must be made and required types of approval granted, whether the use is proposed as part of a new PRD development or is proposed to be added to an existing PRD.

C. PRD—DEVELOPMENT STANDARDS

In a PRD all buildings, structures and facilities shall be designed and developed in accordance with the standards of Section 24.05.030, except as provided in the following PRD development standards.

1.

Density—The density of the underlying zone shall not be exceeded.

2.

Site Boundary and Area—The site of a PRD development shall be large enough so that the benefits of PRD development are capable of being achieved. In addition, the outside boundaries of the site shall be logically related to the geographical and topographical features of the surrounding area, and shall also serve to achieve the benefits of PRD development. It shall be sufficient grounds to deny a proposal for PRD development that the site area and/or boundaries proposed are such that the intended benefits of a PRD cannot be achieved.

Lot Requirements—There are no absolute size or configuration requirements for lots in a PRD. However, all lots and sublots shall be reasonable as to intended use and relation to the rest of the development. Each lot shall have guaranteed access to the public right-of-way.

4.

Setbacks, Yards and Building Separations—All structures and facilities shall be set back from the exterior PRD boundaries in accordance with the setback requirements of the site's zoning, with no exceptions. All off-street parking which has direct access off an adjacent public or private street shall maintain a 20-foot long driveway from the travelway of such street, or from the back of sidewalk along such street. Court widths, building separations and sight distance visibility as per this Chapter shall be maintained. No other absolute setback or spacing requirements apply to a PRD. Special setbacks for the interior of a PRD may be established, which are based on overall PRD design and relationship to topography.

5.

Coverage—As a maximum, the coverage allowance for a PRD shall be that specified by the site's zoning. However, such coverage allowance shall not be construed to allow a PRD design which fails to achieve the intended benefits of PRD development.

6.

Fences and Walls—The fence and wall limitations, requirements and allowances of this Chapter and Chapter 24.04 shall apply in the development of a PRD. However, under no circumstances shall any fence or wall block pedestrian or vehicular visibility for safe circulation.

7.

Open and Recreation Space—Recreation and open space includes all the area in the PRD owned in common which is not utilized for private streets, parking and steeply sloping earth banks. Open space shall, at minimum, be provided in accordance with either a) or b) below, whichever requires the most open space:

a)

Five hundred (500) square feet per unit for the first ten units, four hundred (400) square feet per unit for the second ten units, three (300) square feet for units twenty-one (21) and above.

b)

An amount equal to the difference between the size of private lots in the development and the required lot size of the PRD site's zoning.

To attain the intended benefits of PRD development, the city may require the preservation of scenic or significant natural features, site topography, or other site characteristics worthy of preservation. It shall be sufficient grounds for denial of a PRD proposal that such characteristics are not preserved.

Parking and Streets—The number and type of parking spaces, and the development of spaces and access aisles in a PRD shall conform to the provisions of Chapter 24.04 and the city-adopted Parking and Landscape Standards.

Public street right-of-way dedication and development may be required around the exterior or through a PRD, as per the city engineer. Public streets may be proposed which exclusively serve the interior of a PRD, provided any such street is designed and developed to full city engineering standards.

Private streets may be proposed which exclusively serve the interior of a PRD. Such streets shall, at minimum, provide the following widths:

a)

One-way, no parking — Twelve (12) feet asphalt concrete or Portland cement concrete surface, exclusive of curbs;

b)

Two-way, no parking — Twenty (20) feet asphalt concrete or Portland cement concrete surface, exclusive of curbs.

These widths are absolute minimums and shall not be reduced for any purpose. In all other respects private street design and improvement shall be to full city engineering standards. On-street parking shall require such extra street width to minimally provide for such stalls and back-up area, as per the city Parking and Landscape Standards. Private street alignment shall be subject to approval of the city engineer and fire marshal.

9.

Utilities—All utility distribution fines within and around a PRD shall be placed underground. Sewer lines are storm drains exclusively serving a PRD which are not within the right-of-way of public streets shall be constructed to city engineering standards, but shall be maintained by the PRD homeowners' association.

10.

Grading—The grading standards and limitations of a PRD site's zoning and those in the city Grading Ordinance shall apply. However, the intent of a PRD is to limit change in landform to the maximum extent possible. It shall be sufficient grounds to deny a proposal for PRD development that excessive site grading is proposed which fails to achieve the intended benefits.

11.

Miscellaneous—The provisions of this chapter for enclosure of equipment shall apply. Lighting in a PRD shall avoid impact on surrounding properties by being directed and screened away. Each PRD shall, to the maximum degree feasible, provide for and accommodate passive or natural space and water heating/cooling opportunities. Pedestrian access shall be provided connecting all common areas and facilities with the dwelling units, in a system not utilized by automobiles. In its initial development and in each modification thereafter, a PRD shall achieve the design objectives and development standards adopted by city council resolution.

D. PRD—REQUIRED FINDINGS

All findings required by this Title to approve a use or development which is proposed within, or as part of, a PRD shall be made. In addition, to approve a site development plan for PRD development or modification, the following findings shall be made:

1.

The height and bulk of the buildings does not detract from established character of any neighborhood in which the planned residential development is proposed.

2.

The appearance of overcrowding is avoided through the careful placement of buildings on site.

3.

Landscaping will be provided according to an approved plan of landscaping.

4.

The proposed development/modification and its architecture meet the design objectives and development standards adopted by the city council.

5.

The proposed development/modification is consistent with the La Mesa General Plan and the development standards of the Zoning Ordinance, and serves to achieve the intended benefits of PRD development.

6.

The site has not been substantially altered within twenty-four months prior to submittal of the project application to the planning department and prior to consideration of the project. Substantial alterations include, but are not limited to, the removal of mature trees, the removal of significant vegetation, the removal of wildlife habitat, grading, or similar changes to the site which are inconsistent with the intent and purpose of the Planned Residential Development.

E. PRD—PROCESSING AND REVIEW

1.

Each application for a new PRD development, or for a substantial modification of an existing PRD, shall be submitted as a Site Development Plan application. This shall be accompanied by a complete Tentative Tract Map application. Both applications will be considered by the planning commission at a noticed public hearing. If the planning commission approves the applications, the city clerk shall set the items on the next available city council consent calendar for the council's ratification.

2.

Prior to recordation of the final subdivision map for the project, the conditions of approval shall be recorded in the form of CC&R's on the property. The CC&R's shall be consistent with the resolutions approving the project and specifically state that any natural features or other site conditions required to be preserved and maintained as a condition of the development approval shall also not be substantially altered by any future property owners within the project without prior city approval. Any future modification to these conditions established by the city in the CC&R's shall require city approval.

3.

"Substantial modification" is subject to the determination of the director of planning, and shall include, but shall not be limited to, any addition of dwelling units, construction of significant new structures, placement of new streets or roads, the addition or deletion of significant PRD site area, or significant alteration to the site's natural features in violation of a previous PRD approval.

(Ord. 2312; May 12, 1983: Ord. 2533 §§ 2-4; July 25, 1989)

24.05.040 - General provisions.

A.

MAINTENANCE OF PROPERTY REQUIRED—RESPONSIBILITY. The following are minimum requirements for maintenance of property and the responsibility for such maintenance shall be that of the owner of record, the occupant, separately or jointly, and either or both may be cited for any violation:

1.

All yards and other open spaces around buildings shall be kept free of junk including but not limited to trash; refuse; paper; glass; cans; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when used for mulch; household refuse other than garbage; lumber; metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable; and abandoned, discarded or unused appliances.

2.

All landscaped areas shall be regularly watered, fertilized, weeded and otherwise kept in good condition. Dead, decayed, or hazardous trees or other vegetation which is likely to harbor rats or vermin, or is dangerous to public health and welfare is prohibited. All trees, shrubs, lawns and other planting shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns.

Landscaped areas shall be covered with natural materials or other materials whose general use is intended for use as outdoor landscaped material. Unnatural or synthetic materials, such as but not limited to carpet, plastic sheeting, or paper products are prohibited.

All driveways and parking areas shall be graded and improved with concrete or asphalt paving, or with other permanent paving materials subject to the approval of the planning department, with the exception of an approved recreational vehicle parking area for a single-family residence which may substitute gravel, crushed rock or other non-permanent paving material when contained within the boundary of the recreational vehicle parking area and properly maintained and kept free of weeds, mud, and other debris.

4.

All fencing and accessory structures shall be constructed and maintained using standard construction techniques and standard building materials. Materials shall be durable, weather resistant, and compatible with the main structures on the property. All fences, buildings and accessory structures shall be maintained in good condition.

5.

All areas required for maintenance of sight distance shall be kept free of visibility obstructions, including untrimmed landscaping.

6.

It is unlawful for a swimming pool to be abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means that the water in a swimming pool contains bacterial growth, algae, remains of insects, rubbish, or any other foreign matter or material that constitutes an unhealthy, unsafe or unsightly condition.

7.

Inoperative, abandoned, or dismantled motor vehicles and recreational vehicles shall be stored within an entirely enclosed building. No repair of vehicles, motorcycles, boats, campers and trailers shall be conducted between the hours of 10:00 p.m. and 8:00 a.m. Nothing in this section is intended to prohibit the making of minor repairs, such as tire changing or repair, replacement of spark plugs and minor engine adjustments or repair, lubrication, battery and brake adjustments or repair by an owner of the vehicle on said owner's lot, where said vehicle may be legally parked as determined by other sections of this title. No vehicle in a state of disrepair or in an inoperable condition, or parts of a vehicle, boat or trailer may be located outside of a garage for a period of more than seventy-two hours.

8.

All firewood shall be cut not to exceed four foot lengths and one foot widths, and neatly stacked eighteen inches above ground and away from walls or fences.

9.

Attractive nuisances dangerous to children, including but not limited to abandoned and broken equipment, iceboxes, refrigerators, and unprotected and/or hazardous pools, ponds and excavations are prohibited.

(Ord. 2456 § 3; September 8, 1987: Ord. 2592 § 1; October 8, 1991: Ord. 2001-2716 § 1; December 11, 2001).

B.

FACILITY CAPACITY ASSESSMENT AS A PREREQUISITE TO DEVELOPMENT. Prior to any approval of any project of more than ten units a facilities capacity assessment shall be made by city staff. The assessment shall include analysis of the project's impact on the following:

1.

All school districts in which the project is located.

2.

The capacity of the sewer system within the city to serve the project.

3.

The ability of the Helix Water District to serve the project.

4.

The capacity of the streets to serve the project in terms of travel width. If the project is served by a street having insufficient travel width to accommodate expectant traffic the site development plan shall be submitted to and analyzed by the La Mesa Traffic Committee as to whether or not the project would overburden the street.

Any project determined by the Planning Agency to unfavorably impact any of the foregoing shall be referred to the La Mesa city council with recommendations as to corrective measures which may be taken.

C.

PREREQUISITES TO DEVELOPMENT. The following requirements shall be accomplished at no cost to the city in connection with development:

1.

If a public street upon which the building site has frontage is substandard with respect to either width or improvements as prescribed in either the Street Standards Resolution or General Plan, then land needed for street widening shall be granted to the city and street improvements, specified in such resolution shall be made to the satisfaction of the city engineer. Such improvement shall include but is not limited to preparation of the street right-of-way by grading, removal of obstructions, construction of retaining walls, guardrails or other protective devices determined by the city engineer to be necessary together with the preparation of engineering plans for all improvements.

ed in such resolution shall be made to the satisfaction of the city engineer. Such improvement shall include but is not limited to preparation of the street right-of-way by grading, removal of obstructions, construction of retaining walls, guardrails or other protective devices determined by the city engineer to be necessary together with the preparation of engineering plans for all improvements.

a.

Exception: The foregoing requirements shall not apply to (i) interior alterations of buildings which do not add dwelling units, (ii) swimming pools and accessories, (iii) building additions or accessory structures that are one thousand two hundred square feet in area or less, or (iv) the area of an alteration, addition, or structure dedicated for use as an accessory dwelling unit.

b.

When a property is developed on an incremental basis, the cumulative development over the period of previous five years for the property in total shall be considered for the one thousand two hundred squarefoot threshold for exception.

c.

If the city engineer finds that the requirement to construct street improvements concurrent with the development of the project would cause undue hardship on the owner or it does not make sense to construct the improvements concurrently with the project for reason such as inconsistency with existing improvements on adjoining properties, the city engineer may, with the concurrence of the director of community development, require the owner to enter into a secured agreement to construct the required improvements in lieu of completing the improvements as a part of the development project.

2.

The minimum required off-street parking spaces for both existing and proposed dwelling units shall be provided and all existing dwellings shall be updated to meet the requirements of the Uniform Housing Code when permitted dwellings or dwelling units are added on any site.

3.

All public utility services shall be provided underground. However one-family dwellings on separately owned lots for which underground electrical service is not available within one hundred (100) feet shall be exempt from the requirement of underground electrical service but provisions shall be made for eventual underground electrical services by the installation of roughed in pull section or adapter and conduit.

4.

Fire protection facilities shall be provided in accordance with Fire Standards established by city council resolution.

5.

Onsite and offsite drainage shall be provided for and disposed of to the satisfaction of the city engineer.

D.

EFFECT OF APPROVED PLANS. A plot plan shall be submitted for any application for a site development plan, special permit, conditional use permit, planned residential development, administrative adjustment, group dwelling or apartment project. An approved plan shall be kept on file by the planning department for twelve (12) months as a guide to city departments in the issuance of building permits for the project. If the

S. A plot plan shall be submitted for any application for a site development plan, special permit, conditional use permit, planned residential development, administrative adjustment, group dwelling or apartment project. An approved plan shall be kept on file by the planning department for twelve (12) months as a guide to city departments in the issuance of building permits for the project. If the

project does not commence within the 12-month period the planning department shall upon written request by the applicant retain such plans for an additional 6 month period. In the case of a site development plan for a planned residential development (PRD), the date of expiration of the approved plan shall be the same as that for a corresponding tentative tract or parcel map. Any extension given to such tentative map shall automatically apply to the site plan. Where no such tentative map applies the twelve-month expiration shall

apply. In the event of a zone reclassification or an amendment of any city regulation which would affect the project, such plans shall be void.

E. RESERVED.

(Ord. 2442 § 2; January 13, 1987).

F. OCCUPANCY LIMITATIONS FOR DWELLINGS.

1.

Only buildings designed and constructed for human habitation may be occupied for this purpose.

2.

Occupancy of any dwelling shall be limited to the maximum number of persons it is safe for the dwelling to accommodate, as determined in the Building Code, Fire Code, and public health codes.

G.

QUONSET HUTS. Building types commonly referred to as quonset huts or buildings resembling quonset huts shall not be permitted.

(Ord. 2631 § 1; October 12, 1993).

H.

ALL COMMERCIAL USES MUST BE ENCLOSED. All commercial uses shall be conducted within an enclosed building except those allowed in the approval of a site development plan as provided in this chapter.

24.053.050 - Density bonus.

A.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B.

When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C.

Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one income category or additionally as senior housing, the applicant shall select the category under which the density bonus is granted. Density bonuses from more than one category may not be combined. Using this program, however, does not preclude the applicant from concurrently using the La Mesa specific density bonus program.

D.

The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to Government Code Section 65915.

E.

The applicant may elect to accept a lesser percentage of a density bonus than the housing development is entitled to, including the utilization of no added density, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Section 65915(b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than thirty-five percent.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

24.053.060 - Incentives. ¶

A.

Incentives include "incentives and concessions" as defined in Government Code Section 65915. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915.

B.

2.

The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3.

The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

D.

If any density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to subsection C.9.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

24.053.080 - Affordable housing agreement and senior housing agreement. ¶

A.

Except where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this subsection are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.

B.

Where a density bonus is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with State and federal fair housing laws.

C.

The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

D.

Cancellation of affordable or senior housing agreements required pursuant to this section shall only be authorized by the city council.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017; Ord. 2025-2924, § 2, December 9, 2025)

24.053.090 - Design and quality. ¶

A.

The city may not issue building permits for more than fifty percent of the market rate units until it has issued building permits for all of the affordable units, and the city may not approve any final inspections or certificates of occupancy for more than fifty percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

B.

Affordable units shall be comparable in exterior appearance and overall quality of construction to marketrate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.

C.

For mixed-income projects, the number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market-rate units.

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

24.053.100 - Interpretation. ¶

A.

If any portion of this subsection conflicts with Government Code Section 65915 or other applicable state law, state law shall supersede this subsection. Any ambiguities in this section shall be interpreted to be consistent with Government Code Section 65915 and Government Code Section 65915(r).

(Ord. 2017-2856, §§ 1, 2, October 10, 2017)

Chapter 24.054 - OBJECTIVE DESIGN REVIEW

Sections:

24.054.010 - Purpose and intent. ¶

A.

The intent of this chapter is to establish the objective design review and approval of housing developments pursuant to state law.

B.

Conflicting standards. It is the intent of the objective design standards that all qualifying housing developments as defined by state law achieve design conformance with the objective standards while maintaining high quality of design and materials. If there is any conflict between the objective design standards and other applicable standards, the objective design standards shall prevail.

(Ord. 2025-2921, § 2, 9-23-2025)

24.054.020 - Applicability. ¶

The sections contained in this chapter shall apply to housing developments as defined by the Housing Accountability Act (HAA) (Government Code Section 65589.5).

(Ord. 2025-2921, § 2, 9-23-2025)

24.054.030 - Additional provisions. ¶

Other applicable objective standards. Eligible projects shall comply with all other objective standards set forth in the La Mesa Municipal Code for any subject matter not addressed in Chapter 24.054.

(Ord. 2025-2921, § 2, 9-23-2025)

24.054.040 - Process for objective design review and approval. ¶

Objective design review and approval pursuant to this chapter shall be issued in accordance with a ministerial (administrative) approval process conducted during building permit plan review where the proposed development is found to be consistent with standards indicated in Section 24.054.050 and is required by state housing law.

(Ord. 2025-2921, § 2, 9-23-2025)

24.054.050 - Standards for objective design review approval. ¶

The objective design standards for design review as adopted by council resolution are incorporated by reference.

(Ord. 2025-2921, § 2, 9-23-2025)

23.054.060 - Severability.

Should any section, subsection, sentence, clause, or phrase of this ordinance codified by this chapter be held, for any reason, to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance so codified by this chapter.

(Ord. 2025-2921, § 2, 9-23-2025)

Chapter 24.055 - MOBILEHOME PARK ZONE—MHP

Sections:

24.055.010 - Effect and intent. ¶

This chapter established permission, regulations and procedures for the establishment and continuance of uses and structures within mobilehome parks, except for vehicle parking requirements which are specified in Chapter 24.04. The intent and purpose of the Mobilehome Park Zone is to provide a viable residential option for low and moderate income households and to meet their housing needs in a safe and environmentally sound setting as established by the General Plan.

24.055.020 - Permitted principal and accessory uses. ¶

A Mobilehome Park, as defined in Title 25, of the California Administrative Code, is a permitted principal use in the MHP zone subject to Section 24.055.040 and all other provisions of this Title.

Accessory uses are those which are clearly subordinate, incidental and customarily appropriate to the operation of the principal use. The following accessory uses are permitted in the MHP zone:

A.

Uses customarily enjoyed by a family or individual such as gardening, horticulture, hobbies and keeping of household pets. Hobbies shall not be construed to mean the manufacture of goods or services provided in connection with a home occupation. Household pets shall be limited to mean domesticated household animals, including cats and dogs.

B.

One home occupation per mobilehome unit, conducted wholly within the unit or habitable enclosed accessory structures.

24.055.030 - Permitted principal and accessory structures. ¶

The following structures are permitted in the MHP Zone when located in a Mobilehome Park constructed pursuant to an approved site development plan and described in Section 24.055.040 of this chapter:

A.

Independent mobilehomes as defined in Title 25 of the California Administrative Code.

B.

Independent accessory structures, including common recreation facilities, a laundry room, a mail room, or a business office.

C.

Radio and television receiving antennas.

D.

Structures used in landscaping and beautification including trellises, fences and flagpoles.

E.

Accessory structures incidental to a mobilehome unit including structures used for storage, carports, and garages.

F.

Fences and walls.

24.055.040 - Required site development plan.

A.

The Planning Commission shall review and in its discretion approve a site development plan for the following development in the MHP Zone:

Construction of a new mobilehome park.

2.

Addition or deletion of spaces in an existing park.

3.

D.

All fences and structures shall be kept in good condition.

24.055.070 - Nonconforming uses and structures. ¶

Nonconforming uses and structures are those created under a prior regulation but which do not conform with the provisions of this Title. Such uses and structures may continue without change. Modification or change of non-conforming use or structure requires site development plan approval by the Planning Commission. The Planning Commission may require any nonconforming aspect to be made conforming upon request for modification.