La Palma Municipal Code Div. 3 Residential Supplemental Development Standards

(a) Required setbacks.

TABLE II-3. REQUIRED SETBACKS FOR ACCESSORY STRUCTURES

1 On lots with only one side yard, the minimum required side setback for patio covers shall be three feet.

2 Condominiums and townhouses shall have a minimum side yard setback of three feet for patio covers.

3 For side entry garages, setback to be determined by City Council at the time of precise plan or amendment to precise plan approval.

4 Storage sheds requiring building permit per California Building Code (CBC) Section 105.1 must adhere to zoning setbacks. Storage sheds exempt from building permits per the California Building Code Section 105.2 are exempt from zoning setback requirements.

5 The total number of exempt storage sheds allowed on a single family (R-1) lot shall not exceed 480 square feet of total aggregate area.

(b) Maximum height for an accessory structure.

TABLE II-4. MAXIMUM HEIGHT FOR ACCESSORY STRUCTURES

(c) Specific accessory structure development standards.

(1) Balconies or decks for single-family structures.

a. Outside stairway. There shall be no outside stairway in the R-1 zoning district.

b. Screen or guardrail. A minimum 36-inch high screen or guardrail shall be constructed of materials compatible with the design of the structure.

c. Screen wall. A screen wall, a minimum of six feet in height, shall be constructed on both sides (ends) of the balcony or deck for the full depth of the balcony or deck or as required by the conditions of approval. This requirement may be waived by the Community Development Director where it is clear that the balcony will not negatively impact adjacent residential properties.

d. Maximum size. The maximum size of a balcony or deck shall be 120 feet square feet.

e. Doors. There shall be no outside doors above the first story except when allowed with an approved balcony or deck.

f. Enclosure. Balconies or decks shall not be enclosed except by the adjoining residential unit and any required screen walls.

(2) Patio covers. Patio covers shall not cover more than 50 percent of the required rear yard area.

(3) Storage sheds. Storage sheds shall not exceed 120 square feet in area. Permanent electrical service shall not be allowed within storage sheds.

(4) Workshops.

a. Minimum/maximum. Workshops shall have a minimum area of 120 square feet and not exceed a maximum area of 400 square feet.

b. Habitable area. Workshops shall not contain any habitable areas and shall not be used for habitation of humans.

c. Enclosure. Workshops shall be fully enclosed and shall contain at least one door not less than 32 inches in width and may contain no interior walls. If greater than 200 square feet, workshops shall contain a window with a minimum dimension of 24 inches by 36 inches.

d. Air conditioning and heating units. Workshops shall not have air conditioning and heating units.

e. Permit. Building permits are required for workshops.

f. Separation. Workshops shall be located at least ten feet from any portion of a residential structure.

(5) Canopies.

a. Location. Canopies are not to be permitted in the front yard area or visible from the public-right-of-way.

b. Maintenance. Canopies shall be maintained and remain in good condition at all times.

c. Temporary permitted use. Canopies may be located in a front yard area or be visible from the public right-of-way for up to 72 hours, with a temporary use permit or block party permit.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 13, 5-3-2016)

(a) Number of sales. A resident shall be allowed to hold a maximum of two garage/yard sales at his or her dwelling unit in each calendar year.

(b) Length of sale. Garage/yard sales shall not extend for more than two consecutive days or three consecutive days on extended national holidays.

(c) Sales area. Sale areas shall be confined to the garage and driveway area within the front yard. Where no driveway exists, one-half of the property width in the front yard area may be used for the sale of merchandise.

(d) Hours. Garage/yard sales may only be conducted within the hours of 7:00 a.m. and sunset.

(e) Permits. A person shall obtain a permit from the community development department prior to having a garage/yard sale.

(Ord. No. 2015-01, § 3, 5-5-2015)

Up to four household pets are permitted in the residential zones. For the purposes of this section, household pets shall include dogs, cats, parrots, canaries and other house birds of a similar nature, hamsters, rabbits, guinea pigs, white rats, white mice, turtles, salamanders, newts, chameleons, kangaroo rats, nonpoisonous reptiles not over six feet long, any nonpoisonous toad, lizard or spider, and other animals of a similar nature. Any unweaned litter from such household pets not over six months old shall be permitted. Fowl (other than house birds), horses, sheep, cattle, pigs, goats, and similar farm animals are prohibited. Fish shall be excluded from the limitations established by this section. Regardless of any permissions granted by this section, all dangerous animals, as defined by this chapter, shall be prohibited.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Permit required. No block party shall be permitted to operate within the City unless the event holder obtains a block party permit, as well as any other permits or licenses required by law. Procedures for obtaining a block party permit are established in Section 44-947.

(b) Regulations. Applicants for permits under this article shall comply with each of the following minimum requirements:

(1) Block party hours are limited to 10:00 a.m. to 10:00 p.m.

(2) Only neighborhoods with cul-de-sacs may conduct block parties.

(3) Ninety percent of the residents affected by the closure of the street must consent to the block party by signing the application. For the purposes of this subsection, all residents of an affected property shall be deemed to have given consent if at least one owner or one legal tenant over the age of 18 of said property has signed the application.

(4) If the block party includes equipment or services from a private vendor to be used on a public right-of-way, the responsible party must submit a copy of the vendor's General Liability Insurance Certificate naming the City as an additional insured in an amount to be determined at the time of application.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Location. Mechanical equipment (e.g., HVAC units) may be located in the rear yard, side yard, or on the roof. Such equipment may only be located in an interior side yard if it is not feasible to locate it in the rear yard. All equipment in the side yard shall be located at the furthest possible location away from windows on the adjacent property but in no case shall the equipment be less than ten feet from any window on the adjacent property. Pool equipment is only permitted in the rear yard area.

(b) Noise. HVAC units shall be exempt from the community noise standards established in Section 44-267, provided that the unit is properly located and is working at or below the manufacturer's decibel rating for the unit. All other mechanical equipment shall be subject to the requirements of Section 44-267.

(c) Visibility. All reasonable efforts shall be taken to ensure that mechanical equipment is not visible from public streets and is screened from view of adjacent residential properties in a manner approved by the Community Development Director.

(d) Chimney structures.

(1) Chimney structures that are incorporated within or affixed to the exterior of a residential structure shall be enclosed within a chassis and finished with brick, rock, stucco, or wood/metal siding. All materials, except for brick and rock, utilized for the chimney are required to be painted with colors that are compatible with the residence and any other chimney structure on the residence.

(2) Round metal pipes, clay pipes, guy wires, and straps for chimneys shall be fully enclosed within the chassis and shall not be visible from the property line.

(3) Gas vent pipes and other mechanical ducts that are less than six inches in diameter when leaving the interior of the structure are exempted from these requirements.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) No person shall perform other than minor or routine maintenance or repair on any vehicle, motorized recreational vehicle, or recreational object while parked on a driveway or paved ancillary parking area. Additionally, no person shall leave a vehicle, motorized recreational vehicle, or recreational object parked upon a driveway or paved ancillary parking area in a visible state of disrepair or semi-repair in excess of six hours.

(b) The term "visible state of disrepair or semi-disrepair" shall include, without limitation, such a state that it is apparent to a casual observer that the repair or maintenance of the vehicle, motorized recreational vehicle, or recreational object has not yet been completed.

(c) Upon written request of a residential property owner or residential tenant, the City Manager or his or her designee may grant a waiver of the regulations established by this section, provided that the waiver may be not granted for more than four days in a 30-day period or granted in an effort to facilitate an unauthorized home-based business.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) Unless the context indicates otherwise, the definitions set forth in Article I and the California Vehicle Code shall be applicable to this section.

(b) No vehicle, motorized recreational vehicle, or recreational object shall be parked or stored on any portion of a front yard area of a residential structure. Vehicles, recreational vehicles, and recreational objects parked in driveways shall be parked perpendicular to the garage door of the structure or the public street. For purposes of this section, the term "front yard area of a residential structure" shall include all areas in front of the residential structure with the exception of the driveway of the structure, as the driveway was originally constructed and not more than one paved ancillary parking area.

(c) No vehicle, motorized recreational vehicle, recreational object, or any accessory, which is parked or stored on private property, shall project into any public sidewalk or public right-of-way or be located in a position that would adversely affect vehicular or pedestrian traffic safety.

(d) Recreational objects shall not be parked or stored on a driveway or paved ancillary parking area between the hours of 2:00 a.m. and 5:00 a.m. For the purposes of this section, the term "recreational objects" includes camper shells off a truck, boats, personal water craft, off-road vehicles, snowmobiles, airplanes, and any other object made to carry one or more persons, but not including bicycles, tricycles, on-road motorcycles, and scooters.

(e) Motorized recreational vehicle and recreational object storage is permissible in the side or rear yard area if and only if it is screened in such a way as to be not readily visible from any public right-of-way or separated from any public right-of-way by an opaque fence or wall of approximately six feet in height. Stored vehicles, motorized recreational vehicles, and recreational objects may undergo maintenance of unlimited duration, provided that the portion visible from the public right-of-way or adjacent property from ground elevation is maintained in a clean and orderly appearance.

(f) Notwithstanding any other provisions of this chapter, vehicles, motorized recreational vehicles, nonmotorized vehicles, and commercial vehicles may be parked or stored on driveways or paved ancillary parking areas only if road operational and kept clean and free of debris. For the purposes of this section, the term "road operational" means a vehicle that possesses the minimum required equipment and certifications to be legally driven on the highways of the State, including a valid current license and registration or temporary registration and all proper safety equipment.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) It shall be unlawful for any person, firm, company, or corporation to park, store, or permit to be parked or stored any oversized vehicle, as defined in section 44-10, on any privately owned property lying within any residential zoning district unless one of the following conditions can be met:

(1) The vehicle can be parked or stored completely within an enclosed garage.

(2) The vehicle is parked or stored such that it can be fully screened from view from the public right-of-way and neighboring residential properties. The method of screening shall adhere to the requirements of this chapter in terms of materials used, maximum wall and structure heights, setback requirements, and other applicable standards and permitting requirements for the zoning district in which the subject property is located.

(3) The vehicle is in the act of making a pickup or delivery or is being used in conjunction with the performance of a bona fide service or construction activity on a residential property in the vicinity.

(b) This section shall not be applicable to recreational vehicles or objects.

(c) Nothing contained herein shall prohibit the parking of vehicles of public or private utility companies, including cable television companies, on any public street for a period of time required in the locating, relocating, installation, servicing, testing, or repair of equipment of such companies, nor shall the provisions of this section be construed to prohibit the parking of any vehicles used in the construction, repair, or maintenance of any road, street, or alley in such zoning districts.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) The purpose of this section is to establish zoning regulations governing accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in compliance with Government Code §§ 65852.2 and 65852.22, and to provide standards for the development of ADUs and JADUs. The City may identify an ADU or JADU as an adequate site to satisfy RHNA housing needs as specified in Government Code §§ 65583.1(a) and 65852.2(m).

(b) A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Government Code §§ 65901 or 65906 or City ordinances regulating the issuance of variances or special use permits. The City shall approve or deny the application to create an ADU or JADU within 60 days from the date the City receives a completed application, if there is an existing single-family or multifamily dwelling unit on the lot. However, if the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

(c) If the City denies an ADU or JADU application, the City shall provide, in the 60-day time frame set forth above, a full set of written comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The City shall not base any denial of ADU and JADU applications due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of an ADU or JADU. The City shall not deny permits for unpermitted ADUs that were constructed before January 1, 2018, and which do not constitute substandard buildings as defined, due to violations of building standards or non-compliance with Government Code § 65852.2 or this Section, unless the City finds that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure, or is otherwise permitted to require correction by applicable law.

(d) Upon application and approval, an owner of a substandard ADU or a JADU shall have five years to correct the violation, if the violation is not a health and safety issue, as determined by the City.

(e) The maximum number of ADUs allowed in a single-family property zone is two, comprised of one detached ADU and one attached ADU if not attached JADU is permitted. The maximum number of ADUs allowed in any existing, legally-built housing type other than one single-family residence, in any zone that allows residential uses, is one ADU or 25 percent of the existing dwelling units, whichever is greater, converted from non-livable spaces within existing multi-family residential buildings, and two ADUs detached from existing multi-family residential buildings. For example, an eight-unit multi-family residential development would be allowed two ADUs within the existing buildings, and two detached ADUs.

Maximum ADUs and JADUs allowed on a residential property are identified in table II-4.5.

TABLE II-4.5 MAXIMUM NUMBER OF ADUs AND JADUs PERMITTED ON A LOT

(f) The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted. These conversions of accessory structures are not subject to any additional development standard, such as floor area limitations, height limitations, and lot coverage requirements, and shall be from legally permitted existing space. The City shall not set limits on when the structure was created and must meet standards for health and safety. Accessory structures are eligible for a 150 square foot expansion for the purposes of ingress and egress and shall conform to setbacks sufficient for fire and safety. A demolition permit for a detached garage which is proposed to be replaced with an ADU shall be reviewed concurrently with the application for the ADU and issued at the same time. The City shall not require that applicants provide notice or post a placard for the demolition of a detached garage which is to be replaced with an ADU, unless the property is located within an architecturally and historically significant district. Permissible ADUs can be located within or attached to detached garages.

(g) The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a JADU, the correction of nonconforming zoning conditions that do not present a threat to public health and safety and are not affected by the construction of an ADU or JADU. No physical improvements shall be required for the construction or conversion of an ADU. Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per California Government Code.

(h) California Government Code removed the owner-occupancy requirement for ADUs effective January 1, 2020. Prior to 2020, the creation of an ADU required the property owner to reside in either the ADU or primary residence. This provision is set to expire on December 31, 2024. However, should a property have both an ADU and JADU, JADU law requires owner-occupancy of either the newly created JADU, or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements Government Code § 65852.22(a)(2).

(i) To the extent that any provision of this section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this section shall remain in full force and effect.

(j) All standards imposed by the City on ADUs hereunder, including height, setback, landscape, and architectural review standards, and maximum unit size shall be objective.

(k) ADU site and design standards within existing space.

(1) An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standard within this chapter if complying with:

a. Building and safety codes;

b. Independent exterior access from the existing residence; and

c. Sufficient side and rear setbacks for fire safety.

(l) ADU site and design standards for attached and detached ADUs.

(1) General.

a. An ADU shall not be sold or otherwise conveyed separate from the primary residence, but may be rented. The applicant for an ADU shall be the owner of the primary residence and must occupy either the primary residence or the ADU. The applicant shall record a covenant preventing rental of both units simultaneously, provided that, an accessory dwelling unit that is approved after January 1, 2020, but before January 1, 2025, is not subject to the owner-occupancy requirement.

b. An ADU is proposed on a lot that is zoned to allow single-family or multifamily dwelling residential use and contains an existing or proposed dwelling.

c. An ADU is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

d. City Building Code requirements apply to detached ADUs, as appropriate.

e. An ADU shall comply with the following total area of floor space requirements.

1. The increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.

2. The total floor area for a detached ADU shall not exceed 1,200 square feet.

3. A minimum 850 square feet ADU providing one bedroom, or a minimum 1,000 square feet ADU providing more than one bedroom, that is at least 16 feet in height with four-foot side and rear yard setbacks, constructed in compliance with all other development standards, is permitted regardless of limits on lot coverage, floor area ratio, open space, and minimum lot size criteria specified in this chapter. Front setbacks, zoning clearance, and separate zoning review may not be used to prohibit an 800 square foot ADU with four-foot side and rear yard setbacks at the minimum height provided in this section from being constructed.

4. An expansion of up to 150 square feet is permitted when an ADU is created within the space of an existing accessory structure, for the purposes of accommodating ingress and egress. This 150 square feet expansion would be in addition to any prescribed size limitation for an ADU or JADU specified in this chapter.

5. The conversion of an existing accessory structure to an ADU is not subject to ADU size requirements specified in this chapter.

f. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

g. No setback shall be required for an existing living area or accessory structure of a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

h. An ADU shall conform to the height limits established in this chapter for the zone in which the subject residential property lies, if the second unit is attached to the primary unit.

i. An ADU is limited to the following minimum heights:

1. Sixteen feet and no more than one story for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit.

2. Eighteen feet and no more than two stories for a detached ADU on a lot with an existing or proposed single-family or multi-family dwelling unit which is within one-half mile of a major transit stop or high-quality transit corridor as defined in California law. An additional two feet in height to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.

3. Eighteen feet and no more than two stories for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling.

4. Thirty feet and no more than two stories for an attached ADU.

j. An ADU shall conform to all setback and building separation requirements established in this chapter for the zone in which the subject residential property lies unless otherwise specified in this section.

k. An ADU shall use the same architectural style as the primary unit, which includes, but is not limited to, building proportion, architectural style, roof type, paint color, finish, details, and other design qualities.

l. Fire sprinklers shall not be required in an ADU if they are not required in the primary residence and the City shall not use the construction of an ADU to trigger a requirement that fire sprinklers be installed in the existing primary dwelling.

m. An ADU shall conform to all parking requirements in this chapter.

n. New or separate utility connection or any related connection fee or capacity charge are not required for an ADU contained within an existing residence or accessory structure. Any fee or charge for attached and detached ADUs must be proportional to the burden of the unit on the water or sewer system and not exceed the reasonable cost of providing the service.

o. No development standards or additional parking can be applied to ADUs within existing space except for Building Code requirements.

p. No setback can be required from an existing garage that is converted to an ADU.

q. An ADU cannot be used for short term rentals (terms of 30 days or less).

r. ADUs do not exceed the allowable density for the lot upon which the accessory dwelling units is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.

s. There shall be no requirements on minimum lot size for an ADU.

(m) Sale of unit. An accessory dwelling unit may be rented separately from the primary residence, but shall not be sold, transferred, or assigned separately from the primary residence. An ADU shall not be approved by the City prior to the applicant's submittal of evidence that a deed restriction affirming this requirement has been filed with the County Recorder. This deed restriction shall run with the land and be continuous in tenure with the life of the second unit. The deed restriction shall specify the size and location of the ADU(s). The owner of the residence can occupy the primary single-family residence or the ADU, provided that, an ADU that is approved after January 1, 2020, but before January 1, 2025, is not subject to the owner-occupancy requirement.

(n) Permit requirements. The Community Development Department shall issue a building permit or zoning certificate to establish an ADU in compliance with this chapter if all applicable requirements are met. ADUs shall comply with all local building code requirements applicable to attached dwellings. The construction of an ADU does not constitute a "Group R" occupancy change as that term is defined in section 310.1 of the California Building Code unless the City Building Official or enforcement agency makes a written finding based on substantial evidence that the ADU could have a specific, adverse impact on public health and safety. The City may still change the occupancy codes for spaces that were uninhabitable or previously only permitted for nonresidential use, but converted to residential ADU use.

(o) Junior accessory dwelling units (JADU).

(1) Number of units allowed. Only one JADU may be located on any residentially zoned lot that permits a single-family dwelling. A JADU may only be located on a lot with one legal single-family dwelling, built or proposed to be built, on the lot.

(2) Owner occupancy. The owner of a parcel proposed for a JADU shall occupy as principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land trust or housing organization in an effort to create affordable housing.

(3) Sale prohibited. A JADU shall not be sold independently of the primary dwelling on the parcel.

(4) Deed restriction. A deed restriction shall be completed and recorded and shall run with the land, and shall include both of the following:

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

b. A restriction on the size and attributes of the JADU that conforms to this section.

(5) Location of JADU. A JADU must be created within the walls of the proposed or existing primary dwelling. The JADU may share a bath with the primary residence or have its own bath.

(6) Separate entry required. A permitted JADU shall include a separate entrance from the main entrance to the proposed or existing single family residence. A JADU without a separate bathroom shall have a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(7) Kitchen requirements. The JADU shall include an efficiency kitchen, requiring and limited to the following components:

a. A sink with a maximum waste line diameter of one and one-half inches.

b. A cooking facility with appliance(s) which do not require electrical service greater than 120 volts or natural or propane gas.

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

(8) Parking. No additional parking is required beyond that which is required when the existing primary dwelling was constructed.

(9) Size. A JADU shall be limited to one bedroom with a maximum JADU unit size of 500 square feet and a minimum JADU size of 150 square feet, or as specified in California Health and Safety Code § 17958.1. A JADU in an attached garage satisfies the requirement that the JADU is located within the walls of a proposed or existing single-family residence.

(10) Setbacks. Setbacks for a JADU shall be the same as required for the primary dwelling unit. The City shall not require any modification of an existing multi-family dwelling has a rear or side setback of less than four feet as a condition of approving an ADU which otherwise satisfies the ADU Law requirements.

(11) Deed restriction. Prior to obtaining a building permit for a JADU, a deed restriction, approved by the City Attorney, shall be recorded with the County Clerk Recorder's office, which shall include the pertinent restrictions and limitation of a JADU identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that:

a. The JADU shall not be sold separately from the primary dwelling unit.

b. The JADU is restricted to the maximum size allowed per the development standards in this Chapter.

c. The JADU shall be considered legal only so long as either the primary residence, or the ADU, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing.

d. The restrictions shall be binding upon any successor in ownership if the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.

(12) No water connection fees. No agency may require a sewer connection fee for the development of a JADU. An inspection fee to confirm that the dwelling unit complies with development standards may be assessed by the City.

(13) No fire sprinklers and fire attenuation. No agency may require fire sprinklers or fire attenuation specification for the development of a JADU. An inspection fee to confirm that the dwelling unit complies with development standards may be assessed by the City.

(p) The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a JADU, the correction of nonconforming zoning conditions.

(Ord. No. 2020-03, § 7, 6-2-2020; Ord. No. 2023-03, § 5, 3-7-2023)

Editor's note— Ord. No. 2020-03, § 7, adopted June 2, 2020, repealed § 44-111 and enacted a new § 44-111 as set out above and later amended. Former § 44-111 pertained to similar subject matter and derived from Ord. No. 2018-03, adopted May 15, 2018.

The purpose of this section is to establish zoning regulation governing short-term rentals. The standards below are applicable to issuance of short-term rental special business permit. The establishment and conduct of short-term rentals authorized by this Code shall comply with the following requirements:

(1) Occupancy standards and parking requirements.

a. Compliance with other codes and laws. At the time of issuance of a short-term rental special business permit and thereafter, the short-term rental shall be in compliance with the California Fire Code, California Building Code, International Property Maintenance Code, the National Fire Protection Association Standards or regulations, City's Transient Occupancy Tax requirements, and any other applicable laws and codes.

b. Occupancy limits. The maximum occupancy allowed in a short-term rental shall not exceed two short-term renters per bedroom and shall not exceed ten total short-term renters, including children over the age of three. The owner shall not allow the short-term rental to be used for any gathering that exceeds the maximum number of short-term renters and allowable daytime guests, or if the minimum parking requirements specified in subsection (1)d cannot be met.

c. Daytime guests. In addition to the maximum number of short-term renters allowed pursuant to subsection (1)b, daytime guests shall be allowed to visit the property at any time between the daytime guest hours of 8:00 a.m. to 9:00 p.m. The maximum number of daytime guests shall be equal to one-half of the maximum number of short-term renters allowed at the short-term rental (e.g. if the maximum number of short-term renters is ten, then five daytime guests are allowed for a total occupancy to not exceed 15 people during daytime guest hours).

d. Parking requirements. Notwithstanding the maximum occupancies allowed pursuant to subsection (1)b, the maximum occupancy of a short-term rental shall not exceed the occupancy supported by the minimum parking spaces as required below:

1. Each short-term rental shall provide one off-street parking space per bedroom.

2. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.

3. If a garage or driveway is used to meet the off-street parking requirement, the garage or driveway must be available to the short-term renter for that purpose.

4. Parking shall not be located in a required front or street side setback except when located on a driveway.

5. Parking shall not encroach into the public right-of-way.

(2) Transient occupancy tax. Except as provided in subsection b below, the owner or hosting platform is responsible for collecting and remitting transient occupancy tax [to] the City and shall comply with all provisions of sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code concerning transient occupancy taxes.

a. Beginning October 31, 2022, short-term rental special business permittees that elect to utilize hosting platforms as being responsible for collecting all applicable transient occupancy taxes and remitting the same to the City shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code.

b. Short-term rental special business permittees shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.

c. Short-term rental special business permittees making two or more late submittals in a 12-month period shall not have their permit renewed upon expiration.

(3) Operational standards. Each owner, agent, hosting platform, and short-term renter or guest of a short-term rental shall comply with all operational requirements and standard conditions established by this section.

a. Noise limits. Short-term renters and daytime guests shall comply with all requirements of the City's noise ordinance section 44-267, noise, of this Code, with the following exception and addition:

1. Quiet hours shall be enforced from 9:00 p.m. to 8:00 a.m. at a short-term rental.

2. Outdoor amplified sound shall not be allowed at any time associated with a short-term rental.

b. Hosting platform responsibilities. Subject to applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each short-term rental property listing located in the City, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.

1. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.

2. A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts beginning October 31, 2022, in accordance with subsection (2) above.

3. A hosting platform shall require all hosts to include a valid short-term rental special business permit number in a designated field dedicated to the short-term rental special business permit number no later than October 31, 2022.

(4) Life, safety requirements.

a. Each short-term rental shall be equipped with landline telephone service or VoIP line with battery backup for the handset if a landline isn't available. The landline or VoIP shall be registered to receive Alert OC.

b. All video surveillance, or any mechanism that can be used to capture or transmit audio, video, or still images on site, shall be disclosed to short-term renters.

c. Recreational fires, firepits, outdoor fireplaces, barbeques/grills, and other similar items are permitted with the following restrictions:

1. Portable firepits and outdoor fireplaces shall not be located on combustible vegetation including but not limited to grass, bark, and combustible mulches. Recreational fires, firepits and outdoor fireplaces, whether fixed or portable, shall be fueled by natural gas propane only.

2. Wood fueled or other combustible solid fuel burning are not permitted.

(5) Events. Events including but not limited to weddings, receptions, and corporate events are prohibited.

(6) Advertising and listing requirements. Advertising may only be conducted for short-term rentals operating under a valid short-term rental special business permit. All advertisements, flyers, internet listings, or other methods of offering the short-term rental shall include the following:

a. Maximum short-term renters.

b. Maximum daytime guests.

c. Number of dedicated off-street and on-street parking spaces available for use by short-term renters.

d. Notification that quiet hours must be observed between 9:00 p.m. and 8:00 a.m.

e. Notification that no outdoor amplified sound is allowed.

f. The short-term rental special business permit number for the property.

g. Any person who advertises a short-term rental property with false occupancy information, or without including a valid permit number for the property in the advertisement shall pay a fine pursuant to section 2-351, and the owner's permit may be revoked.

(7) Posting and neighbor notification of permit and standards.

a. A copy of this section and the short-term rental special business permit listing all applicable standards and limits shall be posted within the short-term rental. The owner shall post these standards and limits in a prominent place within six feet of the front door of the short-term rental and shall include them as part of all rental agreements.

b. Upon short-term rental special business permit approval, the City will provide mailed notice of permit issuance, local contact information for the short-term rental (as identified in the short-term rental special business permit application), and certain short-term rental regulations to property owners located within 300 feet of the short-term rental.

(8) Accessibility. The short-term rental shall be made available by the owner, agent, or local contact for inspection by code enforcement, building, police, or fire personnel by request at any time.

(9) Enforcement. This section contains the enforcement process as set forth below. A violation of any of the requirements of this section, or any other chapter of this Code, or any local, State, or federal laws shall subject the short-term rental owner to enforcement action against the short-term rental special business permit, up to and including revocation. Police reports, fire department incident reports, online searches, citations, or neighbor documentation consisting of photos, sound recordings and video may constitute proof of a violation.

a. Initial complaint procedure. Initial short-term rental complaints shall be directed to the local contact as identified in the short-term rental special business permit application. The local contact shall be available by phone 24 hours per day, seven days per week, during all times when the property is rented. Should a problem arise and be reported to the local contact, the local contact shall be responsible for contacting the short-term renter to correct the problem within 30 minutes, including visiting the site, if necessary, to ensure that the issue has been corrected within 45 minutes. It is not intended that the local contact place themselves in an at-risk situation to comply with this requirement.

b. Owners and agents must accept all city short-term rental related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via USPS and email delivery. It is the responsibility of the owner and agent to ensure that the USPS address and the email address provided on the short-term rental special business permit application is active and monitored regularly.

c. The failure of an owner or the owner's agent to comply with an order of any City Police Officer shall result in the revocation of the license.

d. Penalties. Violations of any provisions of this chapter, or any other chapter of this Code, are hereby an infraction and shall result in the assessment of enforcement penalties to the short-term rental owner in the amounts listed in table II-4.8. A short-term rental special business permit that has been revoked for any reason may not be reapplied for within 12 months of the date of revocation.

TABLE II-4.8 SHORT-TERM RENTAL ENFORCEMENT PENALTIES

Each infraction for a violation of any provision of this section may be levied or assessed against one or more of: the owner, the owner's agent, a hosting platform, and the responsible party. Each day that a violation occurs is a separate violation, for which the City may issue a separate administrative citation and fine.

e. Operating without a permit. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this section are cumulative, and the election of one or more remedies does not bar the City from pursuing any other remedy, whether criminal, civil, or administrative, through which the City may enforce this Code or address any violation of this Code or to remedy any other public nuisance.

(10) Operating without a short-term rental special business permit. The City may issue an administrative citation to any person who operates a short-term rental property without a permit. The administrative fine for the first citation shall be in the amount of $5,000.00. Any person operating an unpermitted short-term rental property, after being notified by the City, shall be permanently ineligible to operate a short-term rental property in the City, and any property that is operated as a vacation property without the required permit shall be ineligible for short-term rental property permit for a period of one year from the most recent citation issued for operating without a permit. If the person continues to operate a short-term rental property without a permit, the City may issue an additional administrative citation, with an administrative fine in the amount of $10,000.00 and then again at $15,000.00. A person operating an unpermitted short-term rental property is liable to the City for the payment of transient occupancy tax in accordance with the provisions of sections 14-117 through 14-130 of article V, transient occupancy tax, of chapter 14, finance and taxation, of this Code, including without limitation penalties and interest.

(Ord. No. 2022-06, § 8, 8-2-2022)