Chapter 10.04 — INTERPRETATION OF THE ZONING CODE

The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code, and to ensure consistent interpretation and application. (Ord. 935 § 3 (part), 2015)

In interpreting and applying the provisions of this Zoning Code, affected parties shall be held to the minimum requirement for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by this Zoning Code to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. When this Zoning Code imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other provisions of the Municipal Code or by easements, covenants, or agreements, the provisions of this Zoning Code shall control. (Ord. 935 § 3 (part), 2015)

A. Ambiguity of Provisions. If ambiguity arises concerning the meaning or applicability of any provision of the Zoning Code, the Director, as described in Section 10.110.060 (Director), shall have the responsibility to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation. The Director may refer any such matter to the Commission for decision.

• B. Appeals of Interpretations. Interpretations by the Director and Commission may be appealed to the designated Appeal Authority as described in Chapter 10.114 (Appeals).

• C. Terminology. When used in this Zoning Code, the following rules apply to all provisions:

1. Language. The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.

2. Tense. The present tense includes the past and future tense, and the future tense includes the present.

3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the

connected items or provisions may apply singly or in any combination. “Either ... or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to ...”.

5. Local Reference. “City” as used in this Zoning Code means the City of La Puente and all public officials, bodies, and agencies referenced herein are those of the City unless otherwise stated.

6. Number of Days. Whenever the number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day, unless otherwise provided by law.

7. Partial Numbers. All partial or fractional numbers shall be rounded up to the next highest whole number, except in the case of residential density, which shall be rounded down to a whole number, and parking space requirement, which shall be rounded up or down to the nearest whole number.

D. Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise. (Ord. 935 § 3 (part), 2015)

• A. Uses not Classified Are not Allowed; Exceptions.

For any use not specifically listed or described in this Zoning Code, that use shall not be allowed, except as may provided in paragraph B.

• B. Director’s Determination.

1. The Director shall have the authority to make an administrative determination as to whether a specific use is substantially similar to one of the listed uses in Article 2 (Zones, Allowable Land Uses, and Development and Design Standards). The Director may at his or her discretion refer the determination to the Commission.

2. In making a determination that a proposed use is or is not similar to those listed, the Director or Commission shall consider:

a. Whether the characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, or noise than the uses listed in the zone;

• b. The purposes of the applicable zone and/or specific plan; and

• c. The goals and policies of the General Plan.

3. The Decision of the Director or Commission is appealable to the Council pursuant to the provisions of Chapter 10.114 (Appeals). All such final determinations shall be recorded in writing to include a finding that the proposed use is substantially similar to uses permitted in the proposed zone and consistent with the intent of the applicable zone. (Ord. 935 § 3 (part), 2015)

In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in the Zoning Code, the text shall control. (Ord. 935 § 3 (part), 2015)

Chapter 10.06 ZONING MAP AND ZONES

Zones have been established in order to classify, regulate, restrict, and segregate the uses of land and buildings; regulate and restrict the height and bulk of buildings; regulate the area of yards and other open spaces about buildings; and regulate the density of population. (Ord. 935 § 3 (part), 2015)

This Zoning Code establishes the following zones which are to be known as follows:

(Ord. 935 § 3 (part), 2015)

The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled “Zoning Map for the City of La Puente, California,” adopted by ordinance and incorporated herein by reference. (Ord. 935 § 3 (part), 2015)

Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:

A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

B. In the case of unsubdivided property, and where a zone boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on the Zoning Map.

C. Where a public street or alley if officially vacated or abandoned, the centerline of such vacated street or alley shall be established as the zone boundary and such vacated street or alley shall acquire the classification of the property to which it reverts.

D. Areas of dedicated streets or alleys and railroad rights-of-way, other than those which clearly have a zone as indicated on the Zoning Map, shall be deemed to be unclassified and, in the case of streets and alleys, permitted to be used only for purposes lawfully allowed by Article 6 of the Municipal Code and the California Vehicle Code. In the case of railroad rights-of-way, such right-of-way shall be permitted to be used solely for the purpose of accommodating tracks, signals, other operative devices, and the movement of rolling stock. (Ord. 935 § 3 (part), 2015)

A. Undesignated Property. Any property which, for any reason, is not designated on the Zoning Map as being classified in any of the zones established by this Zoning Code shall be deemed to be classified consistent with the applicable General Plan land use designation.

• B. Land Annexed to the City of La Puente.

1. Any land hereafter annexed to the City of La Puente shall be deemed to be zoned under such classification under this Zoning Code as is most nearly the equivalent classification in the County.

2. Whenever it is deemed that the zoning of annexed lands is inconsistent with adopted General Plan land use policy or other City policies, the Commission may recommend and the Council may adopt the zone classifications which shall apply to the annexed lands in the manner prescribed in Article 7 (Zoning Code Administration) for amending this Zoning Code. (Ord. 935 § 3 (part), 2015)

Chapter 10.10 RESIDENTIAL ZONES (R-E, R-1, R-2, R-3, R-4)

A. Residential Estate Zone (R-E). The R-E zone implements the Low Density Residential General Plan land use category and is established to designate areas for detached residential dwellings built at a maximum density of 4.4 units per acre. Except as otherwise provided in Section 10.10.080 (Accessory Dwelling Units), no more than one dwelling is permitted on each lot. Other uses and development standards are set forth in this Chapter.

B. Low Density Residential Zone (R-1). The R-1 zone implements the Low Density Residential General Plan land use category and is established to designate areas for detached residential dwellings built at a maximum density of 7 units per acre. Except as otherwise provided in Section 10.10.080 (Accessory Dwelling Units), no more than one dwelling is permitted on each lot. Other permitted uses and development standards are set forth in this Chapter. C. Medium Density Residential Zone (R-2). The R-2 zone implements the Medium Density Residential General Plan land use category and is established to designate areas for both detached and attached residential dwellings at a maximum density of 14 units per acre. Other permitted uses and development standards are set forth in this Chapter. D. Medium-High Density Residential Zone (R-3). The R-3 zone implements the Medium High Density Residential General Plan land use category and is established to designate areas for multifamily residential dwellings such as apartments, condominiums, and townhomes within a density range of 14 to 18 units per acre. Additional uses and development standards are set forth in this Chapter.

E. High Density Residential Zone (R-4). The R-4 zone implements the High Density Residential General Plan land use category and is established to designate areas for multifamily residential dwellings such as apartments, condominiums, and townhomes within a density range of 20 to 30 units per acre. Additional uses and development standards are set forth in this Chapter. (Ord. 935 § 3 (part), 2015; Ord. 939 § 2, 2016)

Table 2-1 identifies allowed uses, uses subject to Conditional Use Permit or Minor Use Permit approval, and specific prohibited uses in all residential zones, subject to compliance with all other provisions of this Zoning Code. Any use not listed in Table 2-1 is prohibited.

(Ord. 935 § 3 (part), 2015; Ord. 939 § 4, 2016)

A. General. Table 2-2 identifies the minimum development standards that apply to all development in the residential zones. Certain developments may be subject to special conditions, as described or referenced in Table 2-2. These standards shall be used for the land use and development permitting process(s) as criteria for project review.

2. Distance measured between structures used for human habitation and other structures used for human habitation and/or accessory structures. Does not include a breezeway or other open structure.

3. Except for senior housing per section 10.10.100 F (Development Standards). 4. Two-story buildings in the R-E and R-1 zones shall comply with the privacy standards set forth in Section 10.10.050 (Privacy Standards for the R-E and R-1 Zones).

• B. Street Side Setbacks - Reverse Corner Lots. The required setback for the street side of a reverse corner lot shall be determined as set forth here and as illustrated in Figure 2-1.

1. In the R-E zone, the front two-thirds shall have a setback that is equivalent to the interior side setback on the lot. On the rear one-third, the setback shall be equal to the depth of the required front setback on the key lot to the rear of the reversed corner lot.

2. In the R-1, R-2, R-3, and R-4 zones, the front two-thirds shall have a setback of not less than 10 feet. On the rear one-third, the setback shall be equal to the depth of the required front setback on the key lot to the rear of such reversed corner lot.

Figure 2-1

Reverse Corner Lots - Special Setback Requirements

• C. Open Space Requirements for the R-3 and R-4 Zones.

1. Common and Private Open Space Required. All developments in the R-3 and R-4 zones shall provide both common and private open space areas consistent with the requirements of this subsection. No front yard areas, either as part of a required setback or otherwise provided, shall count toward the open space requirement. Any required side and rear setback areas may be counted as part of required open space, provided the minimum open space dimensions, accessibility, and landscaping improvements and maintenance requirements are met.

2. Common Open Space Standards. Unless otherwise set forth herein, the following standards shall apply:

• a. Common open space shall be required for developments having nine or more units.

• b. Common open space shall be provided at a ratio of 200 square feet of open space per one dwelling unit. Any single common open space area shall have minimum dimensions of 20 feet by 20 feet.

c. Such common open space shall be located in an area within the development that is easily accessible to all residents.

d. Common open space areas shall be provided with landscaping and other improvements that meet the needs of the residents. All such landscaping and improvements shall be maintained in a safe and usable condition.

3. Private Open Space Standards. In the R-3 zone, a minimum of 100 square feet of private open space per bedroom shall be provided for every dwelling unit. In the R-4 zone, a minimum of 50 square feet of private open space per bedroom shall be provided for every dwelling unit. Such private open space may consist of a yard, patio, or private balcony, provided such feature has minimum width and depth of six feet.

Space Standards. In the R-3 zone, a minimum of 100 square feet of private open space per bedroom shall be provided for every dwelling unit. In the R-4 zone, a minimum of 50 square feet of private open space per bedroom shall be provided for every dwelling unit. Such private open space may consist of a yard, patio, or private balcony, provided such feature has minimum width and depth of six feet.

D. Carport Storage in R-3 and R-4 Zones. Where a carport or carports are provided for vehicle parking for any development in the R-3 or R-4, zone, each carport shall include an enclosed lockable storage area of minimum size of

• 150 square feet. Such storage area shall not impede access to or occupy any portion of the required parking spaces. E. Placement of Accessory Structures.

1. Interior Lot. In all residential zones, any non-habitable, non-garage accessory structure placed within the rear third of an interior lot may be built abutting one side line and the rear lot line. However, if the rear lot line abuts an alley, such accessory structure shall be erected no closer than five feet from the rear lot line. See Section 10.14.030.B (Setback from Alley Centerline) regarding detached garages.

2. Corner Lot. In all residential zones, any non-habitable accessory structure on the rear third of a corner lot may be built abutting the interior side lot line. A minimum distance of five feet shall be maintained between the structure and the rear lot line.

3. Reversed Corner Lot. In all residential zones, any non-habitable accessory structure on the rear third of a reversed corner lot may be built abutting the interior side lot line and the rear lot line. However, if the rear lot line abuts an alley and vehicular or pedestrian access to the accessory structure is available from the alley, such accessory structure shall be erected no closer than five feet from the rear lot line. If vehicular or pedestrian access entrance to such accessory structure is directly from the side street side, then the accessory structure may abut the rear lot line. Figure 2-2

Types of Lots

4. Detached Accessory Garage. For any detached accessory garage located on a corner lot or reverse corner lot, the side of the garage that provides vehicular access from a street shall have a minimum setback of 20 feet from that street.

• F. Flag Lot Dimensions and Setback Measurements.

1. Dimensions. The pole portion of a flag lot, meaning that portion which provides access from a public street or alley to the buildable portion of the lot, shall have a minimum width of 20 feet.

2. Setback Measurements. On a flag lot, the required setbacks shall be measured from the lot lines encompassing the buildable portion of the lot. The pole portion of the flag lot shall not be considered in any such measurement. The Director shall designate the front lot line.

• (Ord. 935 § 3 (part), 2015; Ord. 939 § 3, 2016)

A. Purpose of Regulating Recreational Vehicle Parking. Provisions for the size, number, and location of recreational vehicle parking in residential zones are intended to enforce community standards with regard to residential neighborhood aesthetics, traffic and pedestrian safety, and property maintenance.

• B. Allowed Zones. The parking of recreational vehicles shall only be permitted in the R-E, R-1, and R-2 zones.

• C. Restrictions on Obstructing Public Rights-of-Way. No recreational vehicle shall park on any public sidewalk or parkway right-of-way, nor extend from private property over any public right-of-way.

• D. Permitted Parking Locations. Recreational vehicles shall only be parked either on a legal driveway within the front yard area, on an allowed paved surface within a side yard area, or the rear yard area.

E. Use as a Dwelling Prohibited. The use of recreational vehicle for dwelling purposes during storage on a residential property and the connection of utilities, water, or plumbing to a recreational vehicle, except for temporary maintenance purposes, are strictly prohibited. No electrical, plumbing, or other similar hook-ups shall be extended and/or used by the recreational vehicle, except as needed for any 72-hour period immediately preceding or following use of the recreational vehicle for its intended purpose off site.

F. Size Limitations. The provisions of this Section shall apply to recreational vehicles measuring no greater than 10 feet in width, 15 feet in height, and 40 feet in length. Any recreational vehicle exceeding any of these limits shall not

be parked on any property zoned for residential use. (Ord. 935 § 3 (part), 2015)

A. Purpose. Privacy standards are established to enforce community standards with regards to the peace, quiet, and visual privacy within residential neighborhoods, consistent with policies set forth in the General Plan. The following privacy standards shall apply to all properties in the R-E and R-1 zones.

• B. Second Story Setbacks.

1. Interior Side Yard. For any second story, a minimum setback of 15 feet from an interior side property line shall be required. No balcony shall project within that 15-foot setback area.

2. Street Side Yard. On a street side yard, the second story may extend to the minimum required setback for the zone.

C. Window Location and Orientation. Second-story windows on a wall facing an interior side yard or rear yard shall be located so as not to face directly opposite any existing second-story window on an adjacent residential structure unless the bottom portion of such second-story window is a minimum of five feet six inches above the finished floor or provided such windows are screened by a wing wall, lattice, screen, or other architectural feature, or provided such windows are nontransparent or nontransluscent. (Ord. 935 § 3 (part), 2015)

A. Purpose and Applicability. Site design and architectural standards are established consistent with General Plan policy to promote quality design of new residential structures and additions. The City recognizes that quality design promotes longer life of structures, improves the appearance and maintenance of neighborhoods, and increases value in the housing stock citywide. The following site design and architectural standards shall apply to all new residential structures and to additions to residential structures.

• B. Single-family Structures and Duplexes.

1. Site Design and Structure Orientation. Front entries shall be clearly identifiable and for units that front a street, shall generally be oriented toward the street.

2. Scale and Mass.

a. The bulk and mass of new single-family residential structures and additions shall generally match the scale of existing structures in the immediate neighborhood. However, this provision shall not prohibit the construction of a two-story structure within a neighborhood of predominantly single-story structures, provided the privacy standards of Section 10.10.050 (Privacy Standards for the R-E and R-1 Zones) are complied with.

b. Garages shall not be designed or located in a manner that presents the garage as the prominent form of the front facade.

c. Wall off-sets, second-story balconies, decks, window fenestrations, and similar features shall be used on front and street side facades and any facade visible from the public right-of-way to provide articulation and further reduce massing effects.

3. Architecture.

a. All facades visible from a public right-of-way shall incorporate features that eliminate blank, unarticulated walls; add visual interest; avoid clutter; and display a distinctive architectural style.

b. Additions to residential structures shall be designed and constructed to match the architectural style and building form of the structure to which they are added.

c. Rooflines and roofing materials shall be compatible with the architectural style of the residential structure. Use of varying, uncoordinated rooflines and roofing materials shall be avoided.

d. Window and door design and placement shall be consistent with the overall architectural style of the structure.

• e. Materials and finishes shall be of a consistent theme, shall match the style of the residential structure, and shall be consistently applied to all facades.

• f. Roof-mounted equipment, where permitted, shall be screened from view from public rights-of-way and adjacent properties by materials that are architecturally compatible with the structure they serve.

4. Open Space - Common and Private. All common and private open spaces shall comply with the requirements of Section 10.10.030.C (Open Space Requirements for the R-3 and R-4 Zones).

5. Landscaping.

a. Front yard landscaping shall be provided consistent with the requirements of Chapter 10.32 (Landscaping).

b. Where possible, existing mature, healthy trees shall be preserved in association with any remodeling or addition projects, as directed by the Director.

6. Sustainable Building Practices.

a. Where possible, pervious or semi-pervious surfacing materials shall be used for pedestrian paths and driveways.

b. To the extent possible, orientation of structures and windows shall take advantage of natural light and wind patterns for natural heating and cooling.

• C. Multi-Family Structures.

1. Site Design, Structure Orientation, and Access.

a. The front entry to the front unit of a multi-family development shall be clearly delineated and identifiable, and shall be easily accessible for pedestrians from the public street.

b. Entrances to individual residential units shall be accessible from the street, from common open space areas within the development, or from common, well-lighted corridors.

• c. Driveways shall be placed in a manner that avoids conflict with pedestrian access from the sidewalk.

d. Common parking areas shall be located on the site to minimize their visibility from public rights-of-way and to be easily accessible to all residents of the development.

e. Windows, balconies, and similar openings shall be oriented to preserve privacy of individual units within the development.

f. Interior pedestrian paths shall be provided to individual units and to link units to common open space areas and parking areas.

g. Loading and refuse/recycling collection areas shall be located to provide easy access to collection vehicles and to minimize noise impacts on residents.

2. Scale, Mass, and Architecture.

a. The bulk and mass of new multi-family structures and additions shall be sensitive to the scale of buildings in the immediate neighborhood.

b. All facades visible from a public right-of-way shall incorporate features that eliminate blank, unarticulated walls; add visual interest; avoid clutter; and display a distinctive architectural style.

c. Additions to residential structures shall be designed and constructed to match the architectural style and building form of the structure or structures to which they are added.

d. Rooflines and roofing materials shall be compatible with the architectural style of the residential structures. Use of varying, uncoordinated rooflines and roofing materials shall be avoided.

e. Materials and finishes shall be of a consistent theme, shall match the style of the residential structure, and shall be consistently applied to all facades.

f. Exterior lighting shall be provided for safety purposes, shall be compatible with the overall style of the development, and shall be shielded to avoid light spillage onto adjacent properties.

• g. Balconies, where provided, shall utilize railing or similar materials that are compatible with the overall architectural style of the development.

3. Open Space - Common and Private. All common and private open space areas shall comply with the requirements of Section 10.10.030.C (Open Space Requirements for R-3 and R-4 Zones).

4. Landscaping.

• a. Front yard landscaping shall be provided consistent with the requirements of Chapter 10.32 (Landscaping).

• b. Where possible, existing mature, healthy trees shall be preserved in association with any remodeling or addition projects, as directed by the Director.

• c. Common open space areas shall be landscaped appropriate to their function.

5. Sustainable Building Practices.

• a. Where possible, pervious or semi-pervious surfacing materials shall be used for pedestrian paths and driveways.

b. To the extent possible, orientation of structures and windows shall take advantage of natural light and wind patterns for natural heating and cooling.

6. Other Requirements.

• a. Common laundry facilities, when provided, shall be easily accessible to all residents.

• b. Refuse and recycling collection areas shall be provided as required by State law.

c. Roof-mounted and ground-mounted equipment, where permitted, shall be screened from view from public rights-of-way and adjacent properties by materials that are architecturally compatible with the structure they serve. (Ord. 935 § 3 (part), 2015)

A. Manufactured Housing Considered a Single-family Dwelling. A manufactured housing unit shall be considered a single-family dwelling and is subject to the development standards identified in this Chapter 10.10 (Residential Zones).

B. Foundation Required. A manufactured home shall be installed and maintained upon a permanent, continuous, exterior, masonry, or concrete foundation.

• C. Design Standards.

1. All manufactured housing shall comply with the site design and architectural standards set forth in Section

• 10.10.060.B (Single-family Structures and Duplexes).

2. Roofs on manufactured housing shall include a roof overhang with eaves.

• D. Manufactured Housing May Be Prohibited. The Director, pursuant to § 65852.3(a) of the California

Government Code, shall have the authority to preclude the installation of a manufactured home if the manufactured home was constructed 10 or more years prior to the date of the application for permit issuance to install the manufactured home.

• (Ord. 935 § 3 (part), 2015)

A. Purpose. The purpose of this section is to allow for accessory dwelling units on lots developed with single family dwellings. Facilitating the development of accessory dwelling units will increase the housing options and

housing stock in the city. This section addresses the specific needs of the city by providing limitations consistent with state law in order maximize neighborhood compatibility.

• B. Applicability. The provisions of this section apply to all lots that are developed with a single family dwelling unit and zoned residential.

• C. Not part of density calculation. An accessory dwelling unit that conforms to all applicable requirements of this section shall not be considered in the calculation of allowable density for the lot upon which it is located, and is deemed to be a residential use that is consistent with the existing General Plan and zoning designations for the lot.

• D. Requirements applicable to all accessory dwelling units.

1. Permitted by right. An accessory dwelling unit may be constructed on a lot by right, provided that such accessory dwelling unit complies with all requirements set forth in this section.

2. Relationship to primary dwelling. The accessory second unit may be either attached to the primary dwelling or be a detached structure.

3. Maximum of one per lot. There shall be no more than one accessory dwelling unit allowed on each singlefamily residential lot.

4. Entrances. Entrances shall be incidental to the primary dwelling and minimally visible from the front of the primary dwelling. No passageway to the primary dwelling shall be required with the construction of the accessory dwelling unit.

5. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers unless required for the primary residence.

6. Utility hookups. Separate utility hookups are permitted, but are not mandatory.

7. Occupancy requirements. The applicant for a building permit for an accessory dwelling unit shall be the owner and occupant of the property. The owner shall be required to permanently occupy either the primary unit or the accessory dwelling unit.

8. Deed restriction required. Before obtaining a building permit for an allowed accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content. The declaration or agreement of restrictions shall contain a reference to the deed under which the property was acquired by the owner and shall state that:

• a. The accessory dwelling unit shall not be sold separately.

• b. The accessory dwelling unit is restricted to the maximum size allowed as identified by the development standards in this section.

• c. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the second dwelling unit, is occupied by the owner of record of the property.

• d. The restrictions shall be binding upon any successor or assigned in ownership of the property, and lack of compliance shall result in legal action against the property owner.

• E. Requirements applicable to newly constructed or expanded structures.

1. Maximum gross floor area. No accessory dwelling unit, either attached or detached shall exceed 50 percent of the size of the living area of the primary dwelling, and in no case shall the accessory dwelling unit exceed 800 square feet in gross floor area.

2. Development standards. The accessory dwelling unit shall comply with the minimum property development standards of the R-E and R-1 zones in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards), including but not limited to minimum lot size, lot width, lot depth, setbacks, distance between buildings, and lot coverage, unless modified by this chapter.

3. Second story prohibited. Accessory units shall not be permitted on any story above the first story.

4. Maximum height. All detached accessory units shall be limited in height to one story and 15 feet.

5. Bedrooms. The maximum number of bedrooms in any accessory dwelling unit is one.

6. Location. No detached unit may be placed in front of the primary dwelling.

7. Architectural design, form, and materials. The accessory dwelling unit shall be constructed to be compatible

with the existing primary residence located on the site in terms of architectural design, form, and materials.

8. Parking.

a. In addition to the parking spaces required for the primary residence, at least one off-street parking space shall be provided for each accessory dwelling unit, which may be provided as tandem parking in an existing driveway.

b. If a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an accessory dwelling unit, those off-street parking spaces shall be replaced. The replacement spaces

may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on paved driveways leading to a required parking space.

• c. Additional parking is not required in the following instances:

i. Where a property is located within one-half mile from a public transit stop. Public transit stop is defined to be a stop at which service is provided at no greater than 15-minute intervals during peak hours. Public transit means scheduled services provided by a public agency.

ii. For properties located within an architecturally and historically significant historic district, as adopted by the city.

iii. For properties in an area where on-street parking permits are required but not offered to the occupant of the ADU.

iv. For properties located within one block of a car share area approved by the city.

• F. Requirements to convert existing space in a single-family structure to an accessory dwelling unit.

1. Building permit. An application for a building permit to create one accessory dwelling unit per single-family lot within the existing space of a legally permitted accessory structure or single-family dwelling shall be ministerially approved.

2. Setbacks. Side and rear setbacks must be sufficient for fire safety. Conversion of detached structures that meet applicable zone district standards for side and rear setbacks and distance between buildings may be denied if a finding is made that the setbacks are insufficient for fire safety.

3. Access. The unit shall have an exterior access independent from the primary residence. No passageway between the primary residence and the accessory dwelling unit shall be required.

4. Size. No conversions of existing space shall exceed 800 square feet in size and shall not exceed 50% of the living area of the primary dwelling unit.

5. Parking. An off-street parking space for the accessory dwelling unit shall not be required. However, the applicant shall be required to replace any parking spaces lost as a result of the conversion of the existing space to an accessory dwelling unit. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space.

6. Setbacks for conversions of existing space. No setback is required for an existing structure that is converted to an accessory dwelling unit. For conversion of existing and legally permitted space above a garage, a minimum fivefoot rear and side yard setback shall be required.

7. Conversions of or within nonconforming structures. Existing space within existing structures that are nonconforming with respect to setbacks, building height, or lot coverage may be converted to an accessory dwelling unit, provided the nonconformity is not increased in any manner and the accessory dwelling unit meets the size limitations established in this chapter.

(Ord. 18-951 § 3, 2018)

A. Authority and Purpose. In compliance with § 65915 and § 65917 of the California Government Code, the City shall provide a density bonus and an additional incentive(s) for qualified affordable housing developments upon the written request of a developer, unless the City makes a written finding based on substantial evidence that the additional incentive(s) is not necessary to make the housing development economically affordable to the occupants. These standards establish development policies that assist in the provision of affordable housing.

Where local City implementing provisions pursuant to § 65915 and § 65917 of the California Government Code are not included in this Section 10.10.090, the applicable provisions of § 65915 and § 65917 of the California Government Code shall apply.

B. Density Bonus Granting Required. A density bonus shall be granted if a development meets the requirements of California Government Code § 65915 and this Section.

C. Supplementary Application Materials. In addition to any required application materials for a residential development project, the following additional materials shall be submitted with a density bonus application to allow the City to review and appropriately assess a density bonus application and the requested incentives and concessions associated with such application.

1. A description of the proposed incentives and concessions. For the purposes of implementation of this Section, available incentives and concessions shall be those identified in § 65915(k) of the California Government Code.

2. A development plan clearly indicating the location of dwelling units within the project intended for affordable housing.

3. Identification of the total number of rental dwelling units and for-sale dwelling units within the project.

4. Proposed rent schedules and/or sale prices for the affordable units.

D. Development Standards. Affordable housing units approved pursuant to this Section shall comply with the following development standards.

1. The affordable housing units shall be reasonably dispersed throughout the project.

2. The average number of bedrooms per designated affordable housing dwelling unit shall be consistent with the average number of bedrooms per unit in the project.

3. Affordable housing units shall be designed harmoniously with the architectural styles of and indistinguishable from other units in the project in terms of interior and exterior finishes and treatments.

• E. Resale and Rental Controls.

1. An agreement shall be recorded in the County Recorder’s office and shall constitute a covenant running with the land. The agreement shall reserve housing units for qualified households for the minimum periods established in California Government Code § 65915 or other applicable State laws.

2. Individual, affordable, for-sale housing units shall be owner occupied. Upon change in ownership of an affordable housing unit, notice shall be given to the City. The Director shall review each owner proposed to occupy an affordable housing unit to determine eligibility of such owner. (Ord. 935 § 3 (part), 2015)

A. Purpose; Where Permitted. This Section is established in recognition of the unique housing needs of senior citizen residents, and to provide standards for the development of housing that responds to those needs, including but not limited to proximity to shopping, services, and public transit; reduced demand for parking; medical support and similar services; and assistance obtaining appropriate nutrition. Housing development planned for the exclusive

occupancy by senior citizen residents shall be permitted in all residential zones, provided such housing development conforms to all requirements of this Chapter 10.10 (Residential Zones) and specifically, this Section 10.10.100 (Senior Citizen Housing Developments).

B. Density Bonus Permitted. Pursuant to § 65915 and § 65917 of the California Government Code, the City shall grant a density bonus for a senior citizen housing development, provided such development complies with all provisions of this Chapter 10.10 (Residential Zones) and specifically, Sections 10.10.090 (Density Bonus for Affordable Housing) and this Section 10.10.100 (Senior Citizen Housing Developments).

C. Occupancy Compliance Required. No one other than a senior person shall be the principal occupant or lessee of a unit constructed in compliance with this Section. No person shall permit any person to violate this Section. No person shall rent any housing to any person who may not lawfully occupy the same in compliance with the provisions of this Section.

D. Recordation of Covenant. Prior to the granting of a building permit for any approved senior citizen housing development, the owner of the property shall execute and record a covenant, approved as to form by the City Attorney and by its terms binding upon the heirs, successors, and assigns of the owner, agreeing to restrict occupancy of all senior citizens dwelling units within such project to persons, at least one of whom is a senior citizen. The covenant shall further restrict the age of all other occupants of senior citizens dwelling units within such project to the greatest extent legally permissible under the provisions of Section 51.3 of the Civil Code of the State of California.

E. Location Criteria. Senior citizen housing developments shall be located within reasonable walking distance proximity to the following services: food store,drugstore, public transit stop, beauty parlor and barber shop, bank, restaurants, and post office. If reasonably locating senior citizen housing developments proximate to these services is not feasible, the City may require that the operator provide a van or mini-bus on a daily basis and free of charge to all project residents.

F. Development Standards. Senior citizen housing developments, in addition to complying with the development standards for the zone in which they are located, shall comply with the following requirements.

1. Building Height. Building height may be increased as a concession for a requested density bonus, but in no case shall any building exceed five stories.

2. Elevators. Elevators shall be provided for any senior citizen development as required by State and Federal laws.

3. Unit Size. No individual dwelling unit shall contain more than two bedrooms. The following minimum sizes shall apply to individual units:

4. Indoor Common Area. For developments containing 20 or more dwelling units, indoor common area space shall be provided. The size of the space shall be no less than 625 square feet. Such space shall be located within the development to be readily accessible to all residents, and shall be designed in a manner that allows for multi-purpose functionality.

5. Outdoor Common Area. Unless otherwise set forth herein, the following standards shall apply:

• a. Common open space shall be required for developments having nine or more units.

b. Common open space shall be provided at a ratio of 200 square feet of open space per one dwelling unit. Any single common open space area shall have minimum dimensions of 20 feet by 20 feet.

c. Such common open space shall be located in an area within the development that is easily accessible to all residents.

d. Common open space areas shall be provided with landscaping and other improvements that meet the needs of the residents. All such landscaping and improvements shall be maintained in a safe and usable condition.

6. Parking Requirements. Parking shall be provided as established in Chapter 10.30 (Off-street Parking and Loading).

G. Support Facilities and Services. Senior citizen housing developments may include facilities and services intended to meet the special needs of seniors with respect to minor and routine medical assistance, physical therapy, recreation therapy, nutrition, and similar support services. Such facilities and services, when proposed, shall be reviewed and addressed as part of the Conditional Use Permit process.

H. Basis for Denial of Application. In reviewing an application for senior citizen housing, the City shall take into account the surrounding environment of the proposed senior citizen housing and conditions existing in that environment that could have potential adverse impacts on senior residents with respect to the existence or probable occurrence of noise, dust, vibration, excessive traffic, large gatherings of people, or other conditions that will interfere with the peaceful and quiet enjoyment of such housing for senior citizens. The finding or findings that such adverse conditions exist may serve as a basis for denial of an application.

No Conditional Use Permit for a senior citizen housing development shall be approved that would create an adverse living environment to the residents due to limited open space, lack of amenities, and/or insufficient facilities to promote a positive living environment. (Ord. 935 § 3 (part), 2015)

In addition to the requirements contained in this Chapter 10.10 (Residential Zones), regulations contained in the following Chapters may apply to development in residential zones.

Chapter 10.24 - Site Planning and General Development Standards

Chapter 10.26 - Accessory Structures

Chapter 10.28 - Fences, Hedges, and Walls

Chapter 10.30 - Off-Street Parking and Loading Chapter 10.32 - Landscaping Chapter 10.34 - Signs Chapter 10.36 - Property Maintenance

Article 4: Regulations for Specific Land Use and Activities Article 5: Nonconformities. (Ord. 935 § 3 (part), 2015)