Title 11 — ZONING AND DEVELOPMENT

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Title 11 - ZONING AND DEVELOPMENT Division I. - Administration Chapter 11.02 - DEFINITIONS

Sections:

As used in this title:

Accessory dwelling unit (ADU) means an attached or a detached residential dwelling unit which 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 a permanent structure, with a permanent foundation, connection to utilities, with provisions for living, sleeping, eating, cooking, and bathroom facilities on the same parcel the main dwelling exists. The definition of accessory dwelling unit includes the following:

A.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code for occupancy by no more than two persons which have a minimum floor area of 150 square feet and shall have kitchen and bathroom facilities; and

B.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

Accessory dwelling unit types. For purposes of this section, there are three types of accessory dwelling units allowed, subject to the requirements of Chapter 11.23.030, and as described below:

A.

Detached accessory dwelling unit. A detached ADU is a dwelling unit with complete independent living facilities constructed as a separate structure from the main dwelling unit on the property.

B.

Attached accessory dwelling unit. An attached ADU is a dwelling unit with complete independent living facilities that shares at least one common wall with the existing main dwelling unit on the property.

C.

Junior accessory dwelling units (JADU). A JADU is a dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence that provides living facilities for up to two persons. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing residence.

Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

Accessory structure/building means structure that is subordinate to, smaller in floor area than, and detached from the primary structure of a residential property. Typical residential accessory structures include, but are not limited to, pool houses, storage buildings, patio covers, canopies, garages, carports, workshops, greenhouses (for noncommercial raising of plants), outdoor fire-places, light poles, gazebos, tree houses, and play structures. A cargo/shipping container is not considered an accessory structure in any residential district.

Accessory living quarters means living quarters within an accessory building located on the same premises with the main building, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Active recreational areas means the usable common open space which is developed with active facilities, such as swimming pools, tennis courts, recreational buildings, a clubhouse, or similar facilities.

Alley means a public way permanently reserved as a secondary means of access to abutting property.

Alteration, when applied to historical preservation, means any exterior change in a building or structure.

Amusement arcade or amusement game arcade means any establishment containing four or more amusement devices or an establishment with less than four amusement devices when such devices occupy more than five percent of the total floor area of the business. For the purpose of this title, a typical device and playing area requires ten square feet.

Amusement device, when applied to amusement game arcades, means any electronic or mechanical machine which provides amusement or entertainment, which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball or any other article or device, or by paying therefor either in advance of or after use. This definition shall not include jukeboxes, telephone devices, or machines that sell merchandise.

Antenna means any system of wires, poles, rods, reflecting discs, satellite dish antennas, or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any building. "Antenna" shall include any device having active elements extending any direction, and any directional beam-type array having element(s) carried by and disposed from a generally horizontal boom which may be mounted upon or rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

Antenna height means the total maximum to which an antenna is capable of being raised and shall be measured from the highest point of the finished grade, on the same property adjacent to the structure.

Antidrain check valve means a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.

Antique store means a store that sells antiques only or a store that sells antiques associated with the sales of other products. An antique shall be defined as an item which has an age of at least 100 years or shall be an item which has a value to a collector that is greater than its original sales value.

Apartment house means the same as "dwelling, multiple."

Applicant means as it relates to Chapter 11.60 herein, any person required to submit a Landscape Documentation Package. Applicant may include the property owner or an agent of the owner.

Application rate means the depth of water applied to a given area, usually measured in inches per hour or gallons per hour.

Applied water means the portion of water supplied by the irrigation system to the landscape area.

Approval means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. Approval occurs when the public agency commits to allow a use and/or issue a permit, grant, license, or other entitlement. The exact date of approval of any project is a matter determined by each public agency according to its rules, regulations, and ordinances.

Architectural feature, when applied to historical preservation, means the architectural elements reflecting style, design and components of all of the outer surfaces of a structure.

Association means the organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a unit of condominiums and may have interests in the control of common areas of such project.

Attached means the physical sharing of a common wall between two enclosed, habitable structures.

Attached accessory structure means an accessory building or structure shall be considered an integral part of the principal building if it is connected to the primary building including by a covered passageway.

Automatic rain shutoff feature means a system capability which detects rainfall and automatically suspends the operation of the irrigation system during rain events.

Automobile wrecking means the dismantling, wrecking, or salvage use of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Backflow prevention device means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Basement means a space wholly or partly underground and having one-half or more of its height below the average level of the adjoining ground. A basement, when designed for or occupied by a dwelling, business, or manufacturing use, shall be considered to be a "story."

Billboard means any sign which advertises or displays in any manner information about any business, industry, service, product, event or pursuit not conducted on the premises on which the sign is erected or maintained.

Block means a portion of any street lying between two intersecting streets.

Boardinghouse means a building where meals are provided for compensation for at least three persons, but not more than ten persons. "Boardinghouse" does not include not rest homes.

Bona fide eating establishment means a business enterprise, operated as a restaurant, which is conducted, or is proposed to be conducted, in compliance with each of the following requirements:

1.

A kitchen and a dining area that constitute permanent and identifiable portions of the business premises;

2.

A printed menu which is provided to patrons for the purpose of ordering meals;

3.

Not less than 51 percent of the gross annual income of the business enterprise is derived from the sale of food and nonalcoholic beverages;

4.

At least one full-time cook is engaged by the business enterprise to prepare meals for patrons on the premises during the permissible hours of operation;

5.

The business premises do not contain any drive-up or take-out windows;

6.

Any bar or cocktail lounge operated by the business enterprise is separated from the dining area by a wall or other partition;

7.

The business premises do not contain any pool tables, video games, or other coin-operated amusement devices.

Botanical gardens and arboretums means public or private facilities for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.

Building means a permanently located structure having a roof. All forms of vehicles are excluded.

Building area means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

Building height means the vertical distance measured from the average level of the finished grade at the front of the building to the highest point of the structure.

Building line means a line parallel with a lot line or planned street line and distant therefrom by the depth of the required yard.

Building permit means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

Building site means the ground area of a building or group of buildings, together with all required open spaces.

Bungalow court means a group of three or more detached, one story, one- or two-family dwellings located upon a single lot, together with all required open spaces. "Bungalow court" does not include motels.

Business or commerce means the purchase, sale, or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings or office, recreational or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services.

California Irrigation Management Information System (CIMIS) means a program in the Office of Water Use Efficiency (OWUE), California Department of Water Resources (DWR) that manages a network of over 120 automated weather stations in the state of California. CIMIS was developed in 1982 by the DWR and the University of California at Davis to assist California's irrigators in managing their water resources efficiently.

Carnival means a nonpermanent amusement location which has a combination of rides, games, food services, novelties, and games of skill which are not otherwise approved within this title.

Carport means a permanently roofed accessory structure attached to the side of a dwelling and designed and used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

CC&R's means Conditions, Covenants and Restrictions of any condominium project, community, apartment house or any other planned residential development.

Certified farmers' market means the occasional, seasonal, regular, or semiregular sales of food and farm produce such as fruits, vegetables, nuts, herbs, eggs, honey, flowers, and food products from livestock at an outdoor or indoor venue that is certified by the State of California and operated in accordance with Division 17, Chapter 10.5 (Section 47000 et seq.) of the State of California Food and Agricultural Code.

Certified landscape irrigation auditor means a person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization.

CFS means cubic feet per second.

Child means a person who is under 18 years of age who is being provided care and supervision in a child day care facility, except where otherwise specified in the title.

Child day care facility means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activity of daily living or for

the protection of the individual on less than a 24-hour-per-day basis. "Child day care facility" includes day care centers and family day care homes.

Circus means a traveling show with, but not be limited to, acrobats, trained animals, and clowns.

Club, when applied to zoning, means an association of persons for some common nonprofit purpose, operating under bylaws providing regular dues and procedures for election to membership, but not including "nightclub" groups organized primarily to render a service which is customarily carried on as a business.

Cluster housing project means a grouping of lots of no specific area requirements but combined with common areas to compute the lot area required for any particular zone as specified in this title, as distinguished from the multistory apartment-type of development. Residential structures on such lots need not cover the entire lot, and may have common walls.

Commission means the Planning Commission of the City of Montclair.

Common areas in office and industrial condominium developments means the entire office or industrial condominium development excepting all office or industrial condominium units therein granted or reserved to individual ownerships.

Common areas in planned residential projects means the entire planned residential project excepting all units therein granted or reserved to individual ownerships.

Common use, when applied to planned office and industrial condominium developments, means the uninfringed utilization of common areas by the owner of a condominium interest within a condominium development.

Community apartment project means a project in which an undivided interest in the land and common area is coupled with the right to the exclusive occupancy or ownership of a designated apartment therein.

Community Development Director means the person responsible for directing the activities of the Community Development Department including the implementation of planning, zoning, and related codes and policies.

Complete independent living facilities means the permanent provision for living, sleeping, eating, cooking, and bathroom facilities for a main or accessory dwelling unit.

Conditioned space shall be defined as an area or occupied room that is being heated or cooled for human habitation.

Condominium means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

Such estate may, with respect to the duration of an enjoinment, be either:

An estate of inheritance or perpetual estate;

2.

An estate for life; or

3.

An estate for years.

Control valve means a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.

Controller means an automatic timing device used to control valves or heads to operate an irrigation system. A weather-based controller is a controller that uses evapotranspiration or weather data. A selfadjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).

Convenience Market, Neighborhood. Neighborhood convenience market means a retail facility of 8,000 square feet or less which provides a limited variety of food, sundries, and off-sale liquor for day-to-day shopping convenience located within 300 feet of neighboring residential zones.

Conversion factor (0.62) means a number that converts the maximum applied water allowance from acreinches per acre per year, to gallons per square foot per year. The conversion factor is calculated as follows:

(325,851 gallons/43,560 SF)/12 inches = 0.62

Where: 325,851 gallons = one acre foot 43,560 square feet = one acre 12 inches = one foot

To convert gallons per year to 100 CF per year, divide gallons per year by 748 (748 gallons equals 100 CF).

Cooperative apartment means an improved real property owned or leased by a cooperative housing corporation or by any other corporation, partnership, trust or association, if all or substantially all of the shareholders of such corporation, or partners of such partnership, or beneficiaries of such trust, or members of such association, receive a right of exclusive occupancy in a portion of the apartment house, which right of occupancy is transferable only concurrently with the transfer of the stock, partnership interest, beneficial interest, or membership held by the person having such right of occupancy. For all purposes of this Code, a cooperative apartment will be subject to the same restrictions and conditions as condominiums and community apartments.

Cooperative apartment project means the entire parcel of real property, including all structures thereon, on which a cooperative apartment is to be constructed or an existing improved real property is to be converted to a cooperative apartment.

Cultivated landscape area means planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc.

Day-care center and day-care facility means a private or nonprofit child day-care center/facility, including nursery services, preschools, and extended day-care facilities, which provide care, protection and supervision of 12 or more children for periods of less than 24 hours per day. Such center/facility is for the care of healthy children ages two to 12 years old. This classification does not include family day-care homes.

Demolition, when applied to historical preservation, means the act or process of destroying an historic landmark, or a major portion of an historic landmark, including natural features, trees, agricultural areas, as well as exterior architectural features.

Design review means design review is the local government practice of examining public and private projects for their aesthetic, architectural, or urban design quality and compatibility with nearby development. Design review focuses on the appearance of new construction, site planning, and such concerns as landscaping, signage, and other aesthetic issues. Design review typically involves reviewing development projects for their consistency with a community's adopted standards or criteria addressing community character and aesthetic quality.

Designated parking spaces for trucks or trailers shall consist of a minimum area of 12.5 feet wide and 60 feet long, with a 65-foot backup space. Designated parking for tractor-only spaces shall consist of a minimum area of 12.5 feet wide and 30 feet long, with a 40-foot backup space.

Designation, when applied to historical preservation, means the act of selecting, in accordance with the criteria in this chapter, an historic landmark for official City status by the Historic Preservation Commission.

Detached means the physical separation of ten feet or greater between the primary and the proposed second unit structures.

Developer means a landowner or owner's agent responsible for the development of land. This definition does not include homeowners or landlords of single-family homes.

Development means the uses to which land will be put; the buildings and structures to be constructed on the land, and all alteration of the land and other construction associated with these uses, buildings, and structures.

Driveway means a hard-surfaced vehicle access, parking area or parking apron on private property improved by means of asphalt, concrete, cement, brick or block which is generally flat in contour and is substantially impervious. It shall not include pervious alternatives including, but not limited to, gravel, loose stone, or slag.

Duplex means the same as "dwelling, two-family."

Dwelling means a building, or portion thereof, designed for or occupied exclusively for residential purposes, including one-family, two-family, and multifamily dwellings, but not including hotels, boardinghouses, and lodging houses.

Dwelling unit means two or more rooms in a dwelling or apartment hotel designed for or occupied by one family for living or sleeping purposes and having only one kitchen.

Dwelling, Multiple. Multiple dwelling means a building, or portion thereof, designed for or occupied by three or more families living independently of each other.

Dwelling, One-Family. One-family dwelling means a detached building designed for or occupied exclusively by one family, including guests and servants employed on the premises, and having only one kitchen.

Dwelling, Two-Family. Two-family dwelling means a building under one roof designed for or occupied exclusively by two families living independently of each other.

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Educational institutions means schools, colleges, or universities supported wholly or in part by public funds, and other colleges, universities, or other schools providing general academic instruction, as determined by the State Board of Education.

Electrified Fence means any fence, barrier, or enclosure partially or totally enclosing a building, field, or yard, carrying any electrical pulse or charge through any part, section, or element, which is so designed or placed that a person or animal coming into contact with the conductive element of the fence receives an electrical shock. The use of any unmonitored electrified security fence not complying with MMC is prohibited.

Emitter means drip irrigation fittings that deliver water slowly from the irrigation system to the soil.

Established landscape means the point in which plants in the landscape area have developed roots into the soil adjacent to the root ball. Typically, most plants are established after one or two years of growth.

Establishment period means the first year after installing plant material in the landscape area, or the first two years if irrigation will be terminated after establishment.

Estimated annual applied water use means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance.

Estimated total water use means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system.

ET adjustment factor means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water to be applied to the landscape area. A combined plant mix with a statewide average 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.71.

ETo (reference evapotranspiration) means a standard measurement of environmental parameters that affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall cool-season grass that is well watered.

Evapotranspiration means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. The reference evapotranspiration rates (in inches) for the City of Montclair are

as follows: _____

_____

Exterior building wall means any wall or element of a wall, or any member or group of members, which defines the exterior boundaries or courts of a building.

Facade easement, when applied to historical preservation, means an easement for public protection of the facade of a landmark in order to assure its continued preservation and maintenance. Said easement shall be granted in the form of a deed and shall, in effect, make the City the owner of the facade. Unless otherwise agreed by both parties, maintenance of said facade shall be the responsibility of the landmark owner, but no alterations or changes of any kind to the facade shall be permitted without City approval.

Family means an individual, or two or more persons related by blood or marriage or a group of not more than five persons, excluding servants, who are not related by blood or marriage living together as a single housekeeping unit in a dwelling unit.

Family, Foster. Foster-family means an individual, or two or more persons related by blood or marriage and up to five children cared for as foster children or up to four mentally retarded or deficient persons, provided in such case the total number of persons living in a dwelling unit does not exceed eight persons, and further subject to the provisions of Chapter 11.52.

Family day-care home means a home which regularly provides care, protection and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, subject to the following:

1.

Large family day-care home means a home that provides family day-care to seven to 12 children, including children who reside in the home. Further, a large family day-care home may provide care for more than 12 children and up to and including 14 children if all of the following conditions are met:

a.

At least two of the children are at least six years of age;

b.

No more than three infants are cared for during any time when more than 12 children are being cared for;

c.

The licensee notifies parents that the facility is caring for two additional school-age children and that there may be up to 13 or 14 children in the home at one time;

d.

The licensee obtains written consent of the property owner when the family day-care home is operated on property that is leased or rented.

2.

Small family day-care home means a home that provides family day-care to six or fewer children, including children who reside in the home. Further, a small family day-care home may provide care for more than six and up to eight children without an additional adult attendant, if all of the following conditions are met:

a.

At least two of the children are at least six years of age;

b.

No more than two infants are cared for during any time when more than six children are being cared for;

c.

The licensee notifies parents that the facility is caring for two additional school-age children and that there may be up to seven or eight children in the home at one time;

d.

The licensee obtains written consent of the property owner when the family day-care home is operated on property that is leased or rented.

Flow rate means the rate at which water flows through pipes and valves, usually in GPM or CFS.

Floor area means the total floor area measured from the outside of the exterior walls of a detached ADU, or the area from the outside of the exterior walls of the ADU to the centerline of shared interior walls that separate the accessory unit and primary unit living space. Proposed habitable space located under a sloping roof where the sloping ceiling measures less than five feet from the finished floor to the finished ceiling is not counted as floor area. Carports, covered porches (open on three sides) and patios, chimneys, stairwells and mechanical closets are not counted toward the determination of floor area of an ADU.

Floor Area, Gross. Gross floor area means the area of the primary structure or residence, including the area of attached garages and solid roof covered patios.

Freeway means a main highway in respect to which the owners of abutting lands have no right to easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access, and which is declared to be such in compliance with the California Streets and Highways Code.

Frontage means the length of a lot along a street or other principal public thoroughfare, but not including such length along an alley or railroad.

Front-yard area means the area from the front property line to the primary residence, including the required front yard setback.

Garage, Private. Private garage means a completely enclosed accessory building or a completely enclosed accessory portion of the main building designed or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

GPM means gallons per minute.

Garage, Public. Public garage means a building other than a private garage used for the care, repair, or equipping of automobiles or where such vehicles are kept for remuneration, hire or sale.

Gross acre means that number of acres which includes the total lot area plus that area dedicated or to be dedicated for public cross-through street purposes. In utilizing a dedicated area for the computation of gross acres, the extremities of such area shall not go beyond the center lines of those dedicated rights-ofway adjacent to the lot.

Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than two feet at maturity.

Guest house means living quarters within an accessory building located on the same premises with the main building for the use of temporary guests of the occupants of the premises and having no kitchen and not being rented or otherwise used as a separate dwelling.

Habitable floor area means the total floor area of all habitable rooms in a dwelling unit.

Habitable room means any finished and conditioned (heated) space or room in a dwelling unit other than a bathroom, closet, pantry, hallway, storage space, enclosed patio, laundry room, garage or carport as defined by the Building Code.

Hardscape or hardscaping means nonliving and inanimate and/or durable elements of a landscaping plan, including but not limited to pavement, masonry work or woodwork. Decorative hardscape elements include appropriately sized fountains or boulders, river rock, cobbles, crushed rock, gravel, organic mulches, walks, decorative pavers, and artificial turf that complement living plant materials and enhance the appearance of the property and structures built thereon, and serve as an integral part of an overall landscape concept. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of Chapter 11.60 herein.

Hardship, when applied to historical preservation, means a finding of extreme financial privation or adversity which allows granting of an alteration certificate for changes to a designated landmark that otherwise would not be granted by the Historic Preservation Commission or City Council on appeal.

Hazardous waste means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness;

2.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include "extremely hazardous waste" (Health and Safety Code, Section 25117).

Hazardous waste facility means any structure or other appurtenances and improvements on the land and all contiguous land used for treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste (California Health and Safety Code, Section 25117.1).

Hazardous waste facility project means a project under-taken for the purpose of siting and constructing a new hazardous waste facility that will require a hazardous waste facilities permit issued pursuant to Health and Safety Code Section 25200 or for the purpose of significantly expanding or modifying an existing hazardous waste facility that is being used or operated under a permit issued pursuant to Section 25200 or a grant of interim status pursuant to Section 25200.5. Unless expressly provided otherwise, "hazardous waste facility project" includes a "specified hazardous waste facility project."

Home occupation means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof and does not adversely affect the uses permitted in the zone of which it is a part. Home occupation uses shall be subject to the provisions of Chapter 11.58 of this Code.

conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof and does not adversely affect the uses permitted in the zone of which it is a part. Home occupation uses shall be subject to the provisions of Chapter 11.58 of this Code.

Homeowner means a homeowner, for purposes of Chapter 11.60 herein, is a person who owns the subject property and occupies the dwelling thereon. This definition excludes speculative homes, which are not owner-occupied dwellings and that are subject to the requirements applicable to developer-installed residential landscape projects. This definition also excludes rental units regardless of number of units on a property.

Homeowner installed landscape means any landscaping either installed by the homeowner or by a contractor, person, or persons hired by the homeowner.

Hospital means an institution for the diagnosis, care, and treatment of human illness.

Hotel means the building designed for, or occupied as, the more or less temporary abiding place of individuals who are lodged with or without means, in which building there are six or more guest rooms and in which no provision is made for cooking in any individual room or suite. Jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, or similar buildings where human beings are housed and detained under legal restraint are specifically not included in the definition of "hotel."

Hydrozone means a portion of the landscape area with plants having similar watering needs and which is served by a valve or set of valves with the same watering schedule.

Impervious surface means a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces include all concrete, asphalt and gravel surfaces. These include, but are not be limited to, streets and parking areas, sidewalks, patios, and structures which cover the land.

Industrial condominium development means a structure or structures proposed for construction comprising a project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated industrial or manufacturing space and accompanying facilities.

Industrial condominium unit means the element of an industrial condominium development which is not owned in common with the owners of other condominium interests in the development plus a proportionate share of all common areas.

Infant, when applied to children's day care facilities, means a person under three years of age who is being provided care and supervision in a children's day care facility.

Infiltration rate means the rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour).

Inoperative activity means a business or activity that has ceased operation at any given location for a continuous period of at least 60 days.

Invasive species means nonindigenous species that adversely affect the habitats they invade economically, environmentally or ecologically. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

IPH means inches per hour.

Irrigation audit means the evaluation of an irrigation system's performance and efficiency as conducted by a certified landscape irrigation auditor.

Irrigation efficiency means the measurement of the amount of water beneficially used, divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of Chapter 11.60 is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

Irrigation system means a permanent artificial watering system designed to transport and distribute water to plants.

Key Box (e.g. "Knox Box") means a secure device with a lock operable only by emergency personnel, and containing building entry keys and other keys that may be required for access in an emergency by the latest California Fire Code.

Kitchen means a room or area that is designed for and contains approved permanent cooking, refrigeration and sink facilities.

Kitchenette or efficiency kitchen means a small area designated for preparing food as part of a room instead of a separate room. A kitchenette or efficiency kitchen shall include each of the following elements:

A.

Approved cooking, refrigeration, and sink facilities. A microwave or toaster oven shall not be considered an approved cooking appliance for purposes of determining if a room constitutes a kitchenette/efficiency kitchen.

B.

A food preparation counter or counters that total at least 15 square feet in area; and

C.

Food storage cabinets that total at least 30 square feet of shelf space.

Land disposal facility means a hazardous waste facility where hazardous waste is disposed in, on, under, or to the land.

Land use decision means a discretionary decision of a local agency concerning a hazardous waste facility project, including the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the Government Code.

Landmark, when applied to historic preservation, means any building, structure or property which has special historic, cultural, architectural or community value and which has been designated as an historic building and is shown to merit preservation, restoration and/or protection.

Landscape architect means a person licensed to practice landscape architecture in the State of California pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code.

Landscape area means the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, artificial turf, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

Landscape Concept Plan means the portion of a Landscape Documentation Package that includes a design statement for the project, irrigation notes, planting notes, the plant palette, meeting the water conservation goals, design standards, and specifications contained in Chapter 11.60 herein.

Landscape construction drawings means the portion of a Landscape Documentation Package that includes the irrigation plan, plant and soils plan, water management plan, and conforms with the requirements of Chapter 11.60 herein.

Landscape Documentation Package means the complete packet of documents required under Section 11.60.120 to be submitted to the local agency documentation packages include the Landscape Concept

Plan and landscape construction drawings.

Landscape water audit means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. Audits include, but are not limited to, inspection, system tune-up, system test for distribution uniformity, verification of minimal overspray or runoff that causes overland flow and preparation of an irrigation schedule.

Landscaped area means unpaved areas which are improved by means of lawn or other ground cover, shrubs and trees, and which may include hard-surfaced areas and/or material such as decorative rock and bark. Such improved areas shall not exceed 20 percent, of the total landscaped area and are intended to be a complementary aspect of a landscape design.

Landscaping means any combination of living plant materials (such as trees, shrubs, vines, ground covers, or turf) and nonliving material (such as artificial turf, rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials). Parking, storage areas, or vehicular ways are not considered landscaping.

Local agency means a local agency is the entity responsible for the approval of a permit, plan check, and design review for a project. The City of Montclair is the local agency responsible for adopting and implementing the requirements in this title.

Local water purveyor means any entity including a public agency, city, county, or private water company that provides retail water service.

Loading space, when applied to zoning, means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials, and which loading space abuts upon a street, alley, or other appropriate means of access.

Lodging house means a building with not more than five guest rooms where, for compensation, lodging is provided for three persons, but not more than ten persons.

Lot means:

1.

A parcel of land abutting on one or more public streets with a separate and distinct number or other designation shown on a plat or record of survey recorded in the Office of the County Recorder; or

2.

A parcel of real property abutting at least one public street and shown on the records of the County Assessor as held under separate ownership from adjacent property prior to May 15, 1958.

Lot area means the total horizontal area within the lot lines of a lot.

Lot Line, Front. Front lot line means, in the case of an interior lot, a line separating the lot from the street and, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line.

Lot coverage means the sum of the footprint area of the primary and all accessory structures on a lot.

Lot Line, Rear. Rear lot line means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a depth of not less than ten feet.

Lot Line, Side. Side lot line means any lot boundary line not a front lot line or a rear lot line.

Lot width means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the building line.

Lot, Corner. Corner lot means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees and a width not greater than 75 feet.

Lot depth means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

Lot, Interior. Interior lot means a lot other than a corner lot.

Lot, Key. Key lot means the first lot to the rear of a reversed corner lot not separated by an alley.

Lot, Reversed Corner. Reversed corner lot means a corner lot, the side street line of which is substantially a continuation of the front line of the lot upon which it rears.

Lot, Through. Through lot means a lot having frontage on two parallel or approximately parallel streets.

Low-head drainage means drainage from a sprinkler that is caused by water flowing through an irrigation system from a higher level of elevation.

Main building means a building within which is conducted the principal use permitted on the lot as provided in this title.

Main dwelling unit means the existing or proposed single-family dwelling on the lot where an ADU would be located.

Major accessory structure means any accessory building or structure with a footprint greater than 120 square feet in area, and/or greater than eight feet in height. Major accessory buildings or structures shall not be connected to utilities without necessary permits.

Manufactured home means a dwelling unit constructed wholly or partially off-site that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and pursuant to Section 18551 of the California Health and Safety Code.

Maximum applied water allowance (MAWA) means for design purposes, the upper limit of annual applied water for the established landscape area as specified in Section 11.60.150 herein (calculation of the maximum applied water allowance). The maximum applied water allowance is based upon the reference evapotranspiration, the ET adjustment factor, and the size of the landscape area.

Minor accessory structure means an accessory building or structure with a footprint of 120 square feet or less and which is eight feet or less in height. Minor accessory buildings or structures shall not be

connected to utilities without necessary permits.

Mobile home means a structure transportable in one or more sections designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. "Mobile home" does not include a recreational vehicle or factory-built housing.

Modular home means factory-built housing as defined in this chapter.

Modular unit means factory-built housing as defined in this chapter.

Monitored Electrified Security Fence means a perimeter alarm system that transmits a signal intended to alert the business utilizing the system and an alarm monitoring service in response to an intrusion or burglary with an assembly of battery-powered equipment, including but not limited to:

1.

A monitored alarm device and energizer which is intended to periodically deliver non-lethal electric pulses to a security fence; and

2.

A battery charging device used exclusively to charge the system's battery; and

3.

Audible and video surveillance equipment; and

4.

Other integrated components.

Motel means a group of attached or detached buildings containing individual sleeping or dwelling units with garages attached or parking spaces conveniently located to each unit, all for the temporary use of automobile tourists or transients, and shall include auto courts or motor lodges.

Mulch means any organic material such as leaves, or bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.

Net acre means the number of acres within the development site bounded by the property lines.

Nonconditioned space shall be defined to include, but not limited to, open decks, patios and breezeways and nonconditioned shops, garages or storage areas.

Nonconforming building, when applied to zoning means a building, or portion thereof lawfully existing on May 15, 1958, which was designed, erected, or structurally altered for a use which does not conform to the regulations of the zone in which it is located, or which does not comply with all the height and area regulations of the zone in which it is located.

Nonconforming use, when applied to zoning, means a building or land lawfully occupied on May 15, 1958, which use does not conform with the regulations of the zone in which it is situated.

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

Off-sale beer and wine establishment as an incidental use means an establishment that is making application for or has obtained a retail liquor license (Type 20) from the California Department of Alcoholic Beverage Control (ABC) authorizing the sale of alcoholic beverages for consumption off the premises in original sealed containers. Such establishments shall be limited to an aggregate display area for alcoholic beverages of four square feet or less and ten cubic feet or less within the public area of the demised tenant space or building. Said display(s) shall be located a minimum of ten feet from all storefront windows of the establishment. Because of the strictly incidental nature of alcoholic beverage sales in such establishments, any business identification signs or temporary promotional signs for such establishments shall not include words, descriptions, inferences, logos, graphics, or the like indicating that the business engages in the incidental off-premises sale of alcoholic beverages.

Off-sale liquor establishment means any establishment which is making application for or which has obtained a retail liquor license from the California Department of Alcoholic Beverage Control (ABC) authorizing the sale of alcoholic beverages for consumption off the premises in original, sealed containers. Such retail liquor licenses include Type 20 - Off-sale beer and wine; and Type 21 - Off-sale general.

Office condominium development means a structure or structures proposed for construction comprising a project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated interior office space and accompanying facilities.

Office condominium unit means the element of an office condominium development which is not owned in common with the owners of other condominium interests in the development plus a proportionate share of all common areas.

On-sale liquor establishment means any establishment wherein alcoholic beverages are sold, served, or given away for consumption on premises licensed, or proposed to be licensed, by the California Department of Alcoholic Beverage Control. Such retail liquor licenses include, but are not limited to the following:

Type 40—On-sale beer;

Type 41—On-sale beer and wine eating establishments;

Type 42—On-sale beer and wine public premises—no minors;

Type 47—On-sale general eating establishments—beer, wine, and distilled spirits;

5.

Type 48—On-sale general public premises—beer, wine, distilled spirits—no minors.

Open patio or trellis structure means an accessory structure having a roof constructed of lattice or other roof material that allows light and air to pass through a minimum of 50 percent of the roof surface. Additionally, the sides of an open structure consist only of support posts and decorative or functional elements, such as braces and railings, such that light and air can pass through a minimum of 75 percent of each side. Open patio structures include, but are not limited to, trellises, trellis-like patio covers, and other shade structures.

Open space means the land areas which are not occupied by buildings, structures, streets, open visitor parking spaces or alleys, excepting, however, approved landscaped features and active recreational facilities when developed in accordance with the provisions of the Code.

Operating pressure means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler.

Ordinary maintenance, when applied to historic preservation, means any work for which a maintenance and repair building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage.

Orientation, when applied to zoning, means the direction in which a dwelling unit opens upon the outside for the purpose of providing views or access to outside areas, such as recreation areas, gardens and/or patios. "Orientation" can be generally recognized by the use of large glass panels. The orientation of a dwelling unit may be classified as either "primary" or "secondary." Primary orientation shall be considered as the orientation that relates to an active area in the dwelling unit, such as living rooms, family rooms, kitchens, or any other area that has a function of providing space for family activities. Secondary orientation shall be considered as the orientation that relates to a passive area in the dwelling unit, such as bedrooms, bathrooms, and any other area that has the basic function of providing space for restful or private activities. Secondary orientation is usually directed into enclosed or screened private outdoor areas. It shall also be possible to have more than one primary or secondary orientation in a single dwelling unit.

Outdoor advertising display means any card, paper, cloth, metal, wooden, painted, or other display or device of any kind or character placed for outdoor advertising purposes on the ground or on any tree, wall, rock, fence, building, window structure or thing.

Outdoor advertising structure means a structure of any kind or character erected or maintained for outdoor advertising purposes upon which any outdoor advertising display may be placed.

Outdoor living space means the functional area outside the dwelling unit that provides for outdoor

activities, either private or communal in nature. It shall be a space that may provide for activities which may be quite passive to those which may be athletically oriented.

Outside storage areas means any space not within the primary structure which is used for the keeping of any goods or materials and which is not fully enclosed by solid walls and a roof.

Overspray means irrigation that is delivered beyond the landscape area, wetting pavement, walkways, structures, or other nonlandscaped areas.

Parcel Map is a land division map used for developments of four (4) or fewer residential lots.

Parking Area, Public. Public parking area means an open area other than a street, alley or place used for the temporary parking of automobiles which is available for public use, whether free, for compensation, or as an accommodation for clients or customers.

Parking Space, Automobile. Automobile parking space means a space within a building or public parking area for the temporary parking or storage of one automobile, exclusive of streets, alleys, driveways, aisles, and the area of ingress or egress, and consisting of an area not less than nine feet wide and 20 feet long, and having access at all times to a public street or alley.

Parking Space, Truck, Tractor and/or Trailer. Truck, tractor and/or trailer parking space means a space in a public parking area for the temporary parking or storage of trucks, including tractor and trailer or tractor only, exclusive of streets, alleys, driveways, aisles and areas of ingress and egress.

Parkway means that area of land located between the back of the street curb and the property line including any sidewalk or landscaping area located therein.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

Patio means a private outdoor living space attached to and having direct access from a single dwelling unit. A patio may be enclosed on all sides with a screening device to ensure privacy, but at no time shall it have a roof in conjunction with such screening device.

Pavement means an area improved by the laying or covering with a material such as asphalt, concrete, cement, layed brick or block, forming a substantially flat, hard, and level surface.

Pervious surface means any surface or material that allows the passage of water through the material and into the underlying soil.

Planned residential development means a structure or structures proposed for construction, deviating from the requirements of the particular zone in which it is proposed to be located, and consisting of:

1.

Individual family living units under individual ownerships developed as row houses, a condominium, community apartments or as cluster housing; or

2.

A project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment thereon, such as a community apartment project; or

Other comparable facilities.

Plant materials means all living plant species consisting of trees, shrubs, annuals, perennials, vines, groundcovers, ornamental and turf grasses that will thrive in the City's climate.

Planting plan means plan submitted with the construction drawings indicating a list and quantity of plants.

Potable water means water meant for human consumption that is treated to legal standards for human consumption.

Pressure regulator means a device used in sprinkler systems for radius and high pressure control.

Primary dwelling unit means a principal, permitted single-family dwelling.

Promotional outdoor sales means a time-specified outdoor sale event held by a commercial or retail business located on the same lot, such as sidewalk or parking lot sales.

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

Provider means a person who operates a child day care facility and is licensed by the State Department of Social Services.

PSI means pounds per square inch.

Public transit means 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.

Public utility means any entity coming under the authority and jurisdiction of the Public Utilities Commission of the State.

Recycled water means treated wastewater of a quality suitable for nonpotable uses, such as landscape irrigation and water features. Because it is suitable for a direct beneficial use or a controlled use that would not otherwise occur, it is considered a valuable resource. This water is not intended for human consumption.

Regular maintenance means regular maintenance shall include, proper pruning, staking, mowing and aerating of lawns, weeding, removal of litter, fertilizing, replacement of plants and mulch when necessary, and watering in accordance with required watering schedule. Also included is the routine inspection, adjustment, and repair of the irrigation system and its components, conducting water audits, prescribing the amount of water applied per landscaped acre, aerating and dethatching turf areas, replenishing mulch, fertilizing, and pruning and weeding in all landscape areas.

Rehabilitated landscapes means any relandscaping associated with a project that requires a building permit and meets the requirements of Section 11.60.030.

Rest home means a building where lodging, meals, nursing care, dietary care, or other personal services are rendered to one or more convalescents, invalids, or aged persons for compensation, but excluding cases of contagious or communicable diseases and surgery or primary treatments such as are customarily provided in sanitariums and hospitals.

Rooming house means a building with not more than five guest rooms where, for compensation, lodging is provided for three persons, but not more than ten persons.

Runoff means water that is not absorbed by the soil or landscape area to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), for an excessive time period, or when there is a steep slope.

Sanitarium means a health station, retreat, or other place where patients, other than mental or alcoholic patients, are kept and where medical or surgical treatment is given.

Satellite dish antenna means any apparatus capable of receiving or transmitting communications from a transmitter or a transmitter relay located in planetary orbit.

School, Elementary and High. Elementary school and high school means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State.

Seasonal outdoor sales, when applied to zoning, means the sale of only seasonal crops which are solely grown and sold on the same lot. Seasonal outdoor sales shall also apply to the sale of Christmas trees and pumpkins during their seasons.

Second dwelling unit means an attached or detached residential dwelling unit that provides complete and independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking, bathing, and sanitation on the same parcel as a primary dwelling unit.

Secretary, when applied to historic preservation, means the secretary of the Planning Commission who shall act as the Secretary of the Historic Preservation Commission.

Service station means an area or structure where motor vehicle fuel is sold.

Service station: Dispensing only means a service station which provides fueling only with no other services, accessory sales, or miscellaneous sales.

Service station: Full service means a service station which provides for the sale of motor vehicle fuel and the sale and installation of accessories. No repair work shall be done, except the exchange of parts and maintenance requiring no open flame, welding, or the use of highly flammable liquids. All service and repair work shall be completed in one working day. Permitted services shall include greasing, oiling, tire repair, battery servicing, air-conditioning service, approved steam cleaning, ignition service, and general automotive repair. Services and maintenance excluded shall include painting, body work, and heavy duty engine overhauling.

Service station: Mixed use means a service station which has a use other than defined in this chapter.

Signs:

1.

Advertising structure means a structure of any kind or character erected or maintained for outdoor advertising purposes upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed for advertising purposes.

2.

Animated sign means a sign designed to attract attention through movement or the semblance of movement of the whole or any part, including but not limited to signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement, but not including flags, banners, or time and temperature signs.

3.

Announcement or bulletin board sign means a sign permanent in character designed to accept changeable copy, handbills, posters, and matters of a similar nature.

4.

Area of sign means the area of a sign which includes the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area within parallelograms, triangles, or circles of the smallest size sufficient to cover the entire area of the sign and computing the area of these parallelograms, triangles, or circles. The area computed shall be the maximum portion or portions which may be viewed from any one direction.

5.

Balloon, Hot or Cold Air. Hot or cold air balloon means an inflated structure, over 36 inches in diameter in any direction, made of vinyl, fabric, cloth or other lightweight materials held up by means of helium or other form of hot or cold air or gas, attached to any structure or building on the ground with the purpose of gaining attention from passersby.

6.

Banner, flag or balloon means any cloth, bunting, plastic, paper, or similar material used for temporary advertising purposes, with or without copy, attached or pinned onto or from any structure, staff, pole, line, framing, vehicle, or other object.

7.

Billboard means an off-premises freestanding sign with changing advertising copy.

8.

Canopy sign means either (a) any sign placed on or supported entirely by a rigid or nonrigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure; or (b) any sign

attached to or suspended under any rigid or nonrigid portion or support of a building or other structure, including but not limited to a breezeway, pedestrian passageway, porch or veranda.

9.

Center identification sign means a freestanding or monument sign which identifies or directs attention to a shopping center, business park or office complex.

10.

Changeable copy means copy for temporary use which is changed at periodic intervals and which may be utilized on freestanding wall, bulletin board, or announcement signs.

11.

Construction sign means a temporary, on-premises sign which states the names of those individuals, businesses or organizations connected with the construction of a project such as architects, engineers, contractors, developers, owners, or financial institutions, the name of the project, major future tenants, general leasing information and emergency telephone numbers.

12.

Copy means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.

13.

Directional sign means a sign which contains any of the following words: "entrance," "enter," "exit," "in," "out," "one-way," or other words which contain nonflashing arrows or other characters indicating traffic direction.

14.

Directory sign means a sign on which the names and locations of occupants or the use of a building is given.

15.

Erect means to build, construct, attach, hand place, suspend, or affix to or upon any surface.

16.

Electronic message centers (EMCs) are programmable digital signs or message boards that utilize computer-generated messages, text and/or images, or some other electronic means of changing copy.

17.

Face of building means the area of a building elevation, front, rear or side, in which a business is located.

Flashing sign means a lighted sign which in whole or in part disappears and reappears at periodic intervals, changes in intensity or creates the illusion of motion in any manner, or is intermittently on and off and is placed so it will attract attention.

19.

Freestanding sign means a sign which is permanently supported by one or more uprights, braces, poles, or other similar structural components when utilizing earth, rock, the ground, or a foundation set in the ground as a primary supportive base.

20.

Grand opening means the promotional activity used by an established businesses within 60 days after occupancy to inform the public of their location and contribution to the community. "Grand opening" does not mean an annual or occasional promotion of retail sales or change of ownership, management or business name.

21.

Height of sign means the vertical distance from the uppermost point of the sign to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement permits the greater elevation of the sign.

22.

Inflatable sign means the form of any characters, animals or shapes over 36 inches in diameter in any direction, made of vinyl, fabric, cloth or other lightweight materials, held up by means of helium or other form of hot or cold air or gas, attached to any structure or building on the ground, regardless of height, with the purpose of gaining attention from passersby.

23.

Interior sign means a sign located inside a building that is not easily visible from the public street.

24.

Logo means a visual symbol, such as a trademark of an established business, product or organization which may be all or part of a sign.

25.

Maintenance of signs means the regular upkeep of a sign, sign structure, and related components including any landscaped planter around the sign. Signs and related components shall be kept in good repair and working condition; free from missing, broken or damaged sign panels and generally free from unauthorized sign graphics, including graffiti.

26.

Master Sign Program means an adopted master plan providing coordinated signing for a contiguous group of businesses in a multitenant center or complex using one or more common design elements such as

colors, material lettering, sign type or style, or illumination.

27.

Reserved.

28.

Menu board sign means any wall or monument sign displaying a list of items available at a drive-through business for the purpose of taking drive-through orders.

29.

Monument sign means a low-profile freestanding sign of less than eight feet in height, incorporating the design and building materials accenting the architectural theme of a building on the same property and is erected upon or supported solely by a landscaped planter, pedestal base, or similar ground structure.

30.

Nameplate means a sign naming the occupant of the premises, the business entity and/or address, generally of no more than four square feet.

31.

Neon sign means any glass tube lighting in which a gas and phosphorus are used in combination to create a colored sign.

32.

Nonconforming sign means a sign that was legal at the time it was erected but does not now comply with the provisions of this Code. This definition does not include any sign that has been erected or maintained in violation of any safety or health provisions of this Code, or that otherwise constitutes a danger to public health or safety.

33.

Off-site sign means a sign which in any manner advertises or directs attention to businesses, services, goods, persons or events at some location other than that upon which the sign is located.

34.

Painted sign means a sign painted directly on the exterior surface of a building or structure except on the vertical face or valance of an awning or canopy.

35.

Pedestrian traffic sign means a sign subject to the size limitation listed in this title which is other than the main business identification sign and which is oriented to pedestrian traffic for the purpose of providing directions to and identification of certain uses or buildings. Such sign shall not include any advertising information.

36.

Political sign means any sign, advertising structure, or display which communicates any message or idea identifying, supporting, opposing, promoting or conveying a position upon any proposition or issue connected with any local, State or national election, or relating to any candidate for public office.

37.

Portable sign means a sign not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs, fence signs and trailer signs.

38.

Poster sign means a sign attached to the ground in a manner approved by the Building Official, which sign may be visible from adjacent streets or highways.

39.

Projecting sign means a sign other than a wall sign that is suspended from or supported by a building or wall and which projects more than 12 inches from the building or wall.

40.

Real estate sign means a sign and sign structures relating to the sale, lease, rental or other disposition of the real property or subdivision and which is temporary in nature. Such sign is classified as an "on-site" real estate sign when located within the real property or subdivision it advertises, and is classified as an "offsite" sign when not so located.

41.

Revolving sign means a sign, of which all or a portion may rotate either on an intermittent or constant basis.

42.

Roof sign means a sign erected, constructed, or placed upon or over a roof or parapet wall of a building, and which is wholly or partly supported by such building.

43.

Sign means a device, fixture, surface or structure of any kind or character, made of any material whatsoever, displaying letters, words, texts, illustrations, symbols, forms, patterns, colors, textures, shadows or lights, or any other illustrative or graphic display designated, constructed or placed on the ground, on a building canopy, wall, post or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person or activity, whether located on the site, in any structure on the site, or in any other location. The term "placed" includes constructed, erected, posted, painted, printed, tacked, nailed, glued, stuck, sculpted, carved, or otherwise fastened affixed, or made visible in any manner whatsoever.

Sign Code means the adopted Uniform Sign Code of the City of Montclair.

45.

Sign structure means the support, uprights, bracing, guy rods, cables and framework of a sign or outdoor display.

Site plan means a plan, prepared to scale, showing all of the uses proposed for a specific property. The plan shall show all buildings, structures, signs, the off-street parking layout, loading spaces, points of ingress and egress, walls, fences, and any additional information which may be necessary to clearly define the intended use of the property.

Small animal clinic means a place where small household pets are given grooming and hospital and medical treatment. Such treatment shall not include boarding, training, breeding, or other nonmedical services.

SMART irrigation controller means weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust water schedules.

Soil amendments means any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.

Soil Management Plan means a plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments.

Soil test means a test done by a soil test lab that indicates, at a minimum, soil texture, water holding capacity, pH, and soluble salts.

Soil type means the classification of soil based on the percentage of its composition of sand, silt, and clay.

Space, Habitable. Habitable space means a room or rooms meeting the minimum requirements of the California Building Code and that is intended for sleeping, living, cooking or dining purposes, excluding enclosed places (e.g., closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces).

table. Habitable space means a room or rooms meeting the minimum requirements of the California Building Code and that is intended for sleeping, living, cooking or dining purposes, excluding enclosed places (e.g., closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces).

Special event sign means a temporary sign which advertises special events and activities such as grand openings, charitable and seasonal events, as well as events pertaining to any civic, patriotic, religious, cultural, community or political events taking place on a specific date or dates.

Special landscape area means landscape areas dedicated to edible plants or irrigated with recycled water, water features filled with recycled water, cemeteries, and areas dedicated to active play such as parks, sports fields, and golf courses.

Specified hazardous waste facility means an off-site facility which serves more than one producer of hazardous waste.

Specified hazardous waste facility project means a project undertaken for the purpose of siting and constructing a new specified hazardous waste facility or for the purpose of significantly expanding or

modifying an existing specified hazardous waste facility that is being used or operated under a permit issued pursuant to Section 25200 or a grant of interim status pursuant to Section 25200.5.

Sprinkler head means a device which delivers water through a nozzle.

Stable, Private. Private stable means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stable, Public. Public stable means a stable other than a private stable.

Static water pressure means water main pressure available from the water purveyor (Monte Vista Water District).

Station means an area served by one valve or by a set of valves that operates simultaneously.

Story means that portion of a building included between the surface of any one floor and that next above it, but if there shall be no floor above it, the space between such floor and the ceiling next above it.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Street line means the boundary line between the street and abutting property.

Street, Side. Side street means that street bounding a corner lot and which extends in the same general direction as the line determining the depth of the lot.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists or roof joists, girders or rafters, or changes in roof or exterior lines.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences 42 inches or less in height.

Structure, Primary. Primary structure means a structure that houses the primary legal use on a property or lot. It shall not apply to accessory structures (e.g., garages, pool houses, sheds, etc.).

Sunset Western Climate Zone System means the climate zone system designed and published by Sunset Magazine for its Western Garden Book. The Sunset System is designed to account for such factors as precipitation, summer heat, and plant performance in assigning zone designations. For the purposes of Chapter 11.60 herein, the City of Montclair is located in Zones 18 and 19.

Synthetic turf means an artificial product manufactured from synthetic materials that effectively simulate the appearance of live turf, grass, sod, or lawn. The use of indoor or outdoor plastic or nylon carpeting as a replacement of synthetic turf or natural turf shall be prohibited.

Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Temporary sign means a sign erected for a temporary purpose and for a generally short period of time with the main objective of attracting attention to an activity.

Temporary special event means a temporary outdoor celebration, ceremony, reception, function, or festival, involving a gathering of people which occurs only periodically that is conducted pursuant to Chapter 11.68 of the Montclair Municipal Code or that is conducted by a neighborhood, City, or school on public property, or by a church, or civic group on privately owned property where all other appropriate permits are obtained, if applicable, such as encroachment permits, County Health Department permits, and/or a California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor. The temporary event shall be limited to no more than three consecutive days.

Townhouse means an arrangement of single-family dwellings, joined by common walls on not more than two sides, with the uppermost story being a portion of the same dwelling located directly beneath at the grade of the first floor level, and having exclusive individual ownership and occupant rights of each dwelling unit, including but not limited to the land area directly beneath such dwelling.

Tree topping means topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the natural canopy and disfigure the tree. Crown reduction by a qualified arborist may be substituted, where appropriate.

Turf means a surface layer of earth containing mowed grass or grass-like plant with its roots, planted as sod, seed, or hydroseed. Common cool-season turfs include annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue. Common warm-season turfs include Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and Buffalo grass.

Two-Unit Project means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on an existing legally subdivided lot per the requirements of this section.

Unit, means any dwelling unit, including, but not limited to, a unit or units created under Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.

Urban Lot Split means the subdivision of an existing legally subdivided lot into two lots per the requirements of this section.

Usable common open space means the open space which is suitably located and improved for common recreational purposes, active or passive, and accessible to each lot or dwelling within a development through a system of public or private walkways.

Usable open space means the land areas meeting the qualifications and definitions of either usable common open space or usable private open space.

Usable private open space means the open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one dwelling and may include covered patio areas.

Use means the purpose for which land or a building is arranged, designed or intended, or for which either is or may be occupied or maintained.

Valve means a device used to control the flow of water in an irrigation system.

Vegetation, Native. Native vegetation means any plant species with a geographic distribution indigenous to all or part of the southern region of the State of California. Plant species that have been introduced by man are not native vegetation.

Vehicle or mobile sign means any sign or advertising devices mounted, attached, affixed, or painted upon any surface of a motor vehicle, trailer, or similar conveyance, except for a sign or sign graphics decoratively painted directly upon or permanently affixed to the body of said vehicle, which is intentionally parked on or adjacent to any property with the sole purpose of attracting attention to a product sold or an activity or business located on the property.

Walkway means a space through which an element of a pedestrian circulation system passes, such as sidewalks or paths. A walkway shall include the sidewalk, patch, etc., and the adjacent landscaped area. The space may be defined by the walls of buildings, fences, plant materials, or any combination of these features.

Wall sign means a sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 12 inches from the building or structure wall.

Water-conserving landscape design means a landscape design developed to conserve water.

Water efficiency means the planned management of water to prevent waste, overuse, and exploitation of the resource. Water efficiency planning incorporates the analysis of costs and uses of water; specification of water-saving solutions, installation of water-saving measures, and verification of savings to maximize the cost-effective use of water resources. Water-efficient irrigation and landscaping measures include use of water-efficient irrigation systems, irrigation control systems, low-flow sprinkler heads, water-efficient scheduling practices, and drought-resistant plant materials.

Water feature means any object that utilizes water for nonirrigation, decorative purposes. Fountains, streams, man-made ponds, man-made lakes, and swimming pools are considered water features.

Water Management Plan means a plan submitted with the construction drawings as part of the Landscape Documentation Package.

Water Quality Management Plan (WQMP) means a guideline for project-specific post construction Best Management Practices and to address management of urban runoff quantity and quality to protect receiving waters.

Water schedules means schedules of irrigation times through a given year.

Window area means an area computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.

Window sign means a sign or decoration painted, attached, glued, or otherwise affixed to a window or located within three feet of the interior side of the window or otherwise easily visible from the exterior of the building.

WUCOLS means a publication (Water Use Classification of Landscape Species) by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation (2000). The purpose and intended use is to provide guidance to landscape professionals when selecting plant material and when estimating the amount of water used by plants. It also serves as a guide to assist in developing irrigation schedules for existing landscapes.

Yard means an open space, other than a court, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided.

Yard sale means any event, other than a sales activity operated in conjunction with a regularly licensed commercial or retail operation, which is advertised by any means whatsoever as a place or location to which members of the public, at any time, may purchase identifiable or tangible personal property. Also included in this definition are garage sales, patio sales, rummage sales, or any other similar sales.

Yard, Front. Front yard means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or planned street line and a line parallel thereto on the lot.

Yard, Rear. Rear yard means a yard contiguous to the rear line of a lot and extending from side lot line to side lot line. On a corner lot, the rear yard shall extend from the interior side lot line to the side yard on the street side.

Yard, Side. Side yard means a yard between the main building or accessory building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard or rear lot line. The width of the side yard shall be measured horizontally from the nearest part of the side lot line toward the main or accessory building.

(Ord. 07-891 § 3 (part); Ord. 01-809 § 1; Ord. 99-791 Exh. A (part): prior code §§ 9-3.205, 9-4.201—94.279, 9-4.902, 9-4.2005, 9-6.303, 9-6.702, 9-6.902, 9-7.201, 9-10.103)

(Ord. No. 08-905, § 2A, 1-5-09; Ord. No. 10-913, § 3, 7-6-10; Ord. No. 10-916, § 1, 10-18-10; Ord. No. 13933, § 1, 6-17-13; Ord. No. 14-942, § 1, 5-19-14; Ord. No. 14-945, § 1, 9-2-14; Ord. No. 16-957, § 1, 1017-16; Ord. No. 17-968, § 1, 9-18-17; Ord. No. 18-978-U, § 4, 12-17-18; Ord. No. 21-996, § II, 10-4-21; Ord. No. 24-1005, § II, 2-5-24; Ord. No. 24-1007, § III, 3-18-24)

Chapter 11.04 - ADMINISTRATION AND ENFORCEMENT

Sections:

Before commencing any work pertaining to the erection, construction, moving, conversion or alteration of any building, or any addition to any building, a permit shall be secured from the Building Division by any owner or his/her agent for such work, and it shall be unlawful to commence any work until and unless such permit shall have been obtained. No such building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, are first obtained from the department or person vested with the duty or authority to issue the same.

Each application for a building permit shall be made on a printed form to be furnished by the Building Division and shall contain, in addition to any other information required, accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of the provisions of this title. When approval of site plans by the Planning Commission is required, the approved site plan shall be stamped and signed by the Secretary of the Planning Commission and shall be filed with the application for a building permit. Where complete and accurate information is not readily available from existing records, the Department of Community Development may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. A record of the original of such applications shall be kept in the Building Division.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2201)

All departments, officials, and public employees vested with the duty or authority to issue permits, licenses, or certificates of occupancy, where required by law, shall conform to the provisions of this title. No such permit, license, or certificate for building uses or purposes, where the same would be in conflict with the provisions of this title, shall be issued. Any such permit, license, or certificate, if issued in conflict with the provisions of this title, shall be null and void.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2202)

11.04.030 - Certificates of occupancy.

A.

For Buildings. No building erected, moved, enlarged or altered shall be occupied, used, or changed in use until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall be applied for coincident with the application for a building permit and shall be issued only after such building enlargement or alteration has been completed in conformity with the provisions of this title and when the proposed use conforms thereto. Further, no excavation for a building shall be started before an application has been made for a building permit.

B.

For Nonconforming Uses. Any nonconforming use to a building may be continued but shall not be changed unless a certificate of occupancy for the new use shall have been issued by the Building Inspector after finding out that such use conforms with the provisions of this title or is a more restrictive use.

C.

For Land. A certificate of occupancy shall be applied for before any vacant land is used or before an existing use of vacant land is changed, and the Community Development Director shall issue such certificate within 10 days after such application is filed provided such use is in conformity with the provisions of this title and provided, further, that no certificate of occupancy shall be required where the land is to be used for tilling the soil and growing therein farm, garden or orchard products.

D.

Statement. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all laws and with the provisions of this title. A record of all certificates shall be kept on file in the Planning Division, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2203)

It shall be the duty of the Building Inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration of, or addition to any building.

(Prior code § 9-4.2204)

It shall be the duty of the Code Enforcement Division and all officers or the City otherwise charged with the enforcement of the law to enforce the provisions of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2205)

In accordance with the provisions of the Planning Law of the State, the Planning Commission shall administer the regulations of this title and amendments thereto, act as a Board of Zoning Adjustment, hear and act upon all matters involving variances and conditional use permits, recommend with reference to the revocation of conditional use permits, hear and act upon suspensions or modifications of planned rights-ofway, hear and act on appeals from any action taken by an administrative official in the administration and/or enforcement of the provisions of this title, and perform such other duties as are requested by the City Council.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2206)

The Planning Commission may hear and decide appeals when it is alleged by the appellant that there is an error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of the provisions of this title pursuant to the following procedures:

A.

Filing. Appeals to the Planning Commission may be taken by any person aggrieved, or by any officer or department of the City affected by any decision of the administrative official. Such appeals shall be taken within 15 days by filing with the officer from whom the appeal is taken, and with the Secretary of the Commission, copies of a Notice of Appeal specifying the grounds. The officer from whom the appeal is taken shall forthwith transmit to the Commission all the papers constituting the record upon which the action appealed from was taken.

B.

Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Planning Commission, after the Notice of Appeal shall have been filed, that, by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed except by a restraining order which may be granted by the Planning Commission or by a court of record on application and notice to the officer from whom the appeal is taken and due cause shown.

C.

Hearing Date—Notice. Upon the filing of the Notice of Appeal, the Secretary of the Commission shall set a date for one hearing thereon before the Commission. The date of the hearing shall be not less than 10 days, nor more than 40 days, from the date of filing such notice of appeal with the Secretary. Notification of the date of hearing shall be mailed to the applicant at the address shown on the Notice of Appeal not less than five days prior to the hearing.

D.

Hearing. At the time and place so fixed, the hearing shall be conducted before the Planning Commission. The Planning Commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

E.

Hearing—Decision. Each decision by the Planning Commission on an appeal shall be by resolution. The Planning Commission may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. The Planning Commission shall make its findings and determination within 40 days from the date of completion of the hearing on such appeal and shall forthwith transmit copies thereof to the appellant, the officer from whom the appeal was taken, and to the City Clerk. Upon failure of the Commission to make a determination within the time limit specified, it shall lose jurisdiction, and the appellant may, within 15 days thereafter, file a request for a review of the appeal.

F.

Review of Appeals. The action of the Planning Commission as to all matters set forth in Section 11.04.060 shall become final and effective 15 days after the date the written determination is made unless during that time a written request for a review of the appeal is filed with the City Clerk by any person aggrieved by the determination of the Planning Commission. Such review shall be accompanied by the required review fee as adopted by City Council resolution. The City Council, on its own motion, may request a review of any determination of the Planning Commission within 15 days of the Planning Commission decision or at the next regularly scheduled City Council meeting, whichever occurs later. A fee shall not be required in the event of such City Council review. Such request for a review of the appeal, except on the City Council's own motion, shall be filed and shall state the grounds therefore and wherein the Commission erred or failed to conform to the requirements of this title. The City Clerk shall transmit one copy each of the request to

the original appellant, the hearing officer from whom the appeal was taken, and to the Planning Commission. The request for review of the appeal shall continue to stay any proceedings already stayed in furtherance of the action appealed from. Upon receipt of the request for review of the appeal, Planning Division staff shall transmit to the City Council the original Notice of Appeal and copies of all other papers constituting the record upon which the action was taken, together with a written report stating why the appeal should or should not be granted. The review of the appeal by the City Council shall be based upon the record of the Planning Commission. In the event any new information or evidence is produced for consideration, the City Council shall refer the matter back to the Planning Commission for review and recommendation.

G.

Review of Appeals—Hearing—Decision. The City Council may, by resolution, affirm, reverse or modify in whole or in part any decision of the Planning Commission on an appeal, but before reversing or modifying any decision of the Planning Commission, the City Council shall set the matter for hearing. Notification of the date of hearing shall be mailed not less than five days prior to the hearing to the original appellant and to the person filing the request for a review of the appeal if he/she is not the original appellant.

(Ord. 02-828 §§ I—III; Ord. 99-791 Exh. A (part); prior code § 9-4.2207)

11.04.080 - Interpretation of provisions—Conflicts.

The provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. When the provisions of this title impose a greater restriction upon the use of buildings or land, or require larger open spaces than are imposed or required by other laws, rules or regulations, or by easements, covenants or agreements, the provisions of this title shall control.

(Prior code § 9-4.2208)

The City Attorney, upon request by the City Council, shall institute any necessary legal proceedings to enforce the provisions of this title, and he/she is authorized, in addition to any other remedy provided, to institute an action for an injunction to restrain or any other appropriate action or proceeding to enforce such provisions.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2209)

Chapter 11.06 - DEVELOPMENT-REVIEW PROCESS

Sections:

The purpose and intent of development review preceding a Planning Commission hearing is to streamline the review process involved in properly coordinating the physical aspects of a proposed development. The

goals and objectives of the development-review process shall include the following:

A.

Reduce the amount of review time between project application and Planning Commission consideration by acquiring conditions from all responsible City departments in an expedient manner;

B.

Minimize applicant's development costs by providing comprehensive recommendations on initial proposal;

C.

Eliminate confusion and substantiate applicant's desire to proceed with project by providing applicant with a coordinated list of recommendations and conditions from all affected City departments;

D.

Provide, when possible, alternatives to physical constraints affecting the feasibility of a project by making technical recommendations;

E.

Encourage efficient, aesthetic and desirable use of land by considering proposals in relation to existing and/or proposed development surrounding them;

F.

Encourage variety in the physical development pattern of the City by considering immediate project surroundings and, where feasible, introducing elements in contemporary development trends.

(Prior code § 9-5.301)

11.06.020 - Development-Review Committee.

A.

The Council establishes a Development-Review Committee consisting of representatives from the following departments and/or departmental divisions:

1.

Planning;

Building;

Engineering;

4.

Housing;

5.

Redevelopment;

6.

Fire;

7.

Police;

8.

Other governmental agencies and civic organizations as appointed by the City Council from time to time.

B.

The duties and responsibilities of the Development-Review Committee shall be to review preliminary development proposals, provide applicant with technical advice and serve as technical advisor to the Planning staff.

(Ord. 99-791 Exh. A (part); prior code § 9-5.302)

Upon receipt of a preliminary development proposal, the Development-Review Committee shall review the plan and produce a list of recommendations and conditions. Such list shall be forwarded to the applicant within 10 working days from the date of submittal deadline. The list of recommendations shall also be forwarded to the Planning Commission for its consideration as a condition of project approval.

In a case where the recommendations of the Development-Review Committee have substantially altered a proposal, the applicant may be asked to resubmit new plans for further development review.

(Ord. 99-791 Exh. A (part); prior code § 9-5.304)

The Development-Review Committee shall serve as an advisory body to the Planning Commission and Administrative Review Committee. Therefore, any determinations made by this Committee should not be deemed as final decisions.

(Prior code § 9-5.305)

Chapter 11.08 - PLANNING AND ENGINEERING SERVICE FEES

Sections:

Except as otherwise provided in Section 11.08.020 of this chapter, any person, or his/her representative, filing for planning and engineering review and approval of any project or development proposal shall pay to the City, at the time of filing, a uniform fee as set forth in the fee schedule as may be adopted by the City Council from time to time by resolution based upon reimbursement to the City for reasonable costs of processing such applications.

(Ord. 99-791 Exh. A (part); prior code § 9-2.01)

The fees set forth in Section 11.08.010 of this chapter shall not be required for an application involving one of the following uses:

A.

Public educational institutions;

B.

Government facilities;

C.

Public utility structures, buildings, and service facilities; and

D.

Such uses as the Planning Commission may deem to be similar, not obnoxious, and equally as essential to serve the public welfare as the uses set forth in subsections A, B and C of this section.

(Prior code § 9-2.02)

11.08.030 - Schedule of appeal fees.

Any person filing a motion for an appeal shall contemporaneously pay to the City Clerk an appeal fee equal to one-half the original application filing fee for a variance, conditional use permit, precise plan of design, or any other application fee required by the provisions of this title. No fee shall be required if an appeal is taken by the Council on its own motion.

(Ord. 99-791 Exh. A (part); prior code § 9-2.03)

Chapter 11.10 - USES: NEW, EXISTING AND PROHIBITED[[1]]

Sections:

Footnotes:

--- ( 1 ) ---

Editor's Note: The title of Chapter 11.10 was amended by Ord. 07-891 § 3.

All new construction, buildings, improvements, alterations, enlargements or movements undertaken, and all new uses or occupancy of premises within the City, shall conform with the requirements, character and conditions as to use, height and area laid down for each of the several zones or districts as described in this title. No person shall install, construct, establish, move into, alter, enlarge or use, or cause or permit to be installed, constructed, established, moved into, altered, enlarged or used, any building, structure, improvement or use of premises located in any zone described in this title contrary to the provisions herein.

(Ord. 99-791 Exh. A (part); prior code § 9-4.301)

The lawfully existing use or uses of all buildings, improvements and premises on May 15, 1958, may be continued, although not conforming with the requirements for the zone or district in which they are located, as a nonconforming use if such existing use is not in violation of any other law. Any discontinuance of such a nonconforming use for a continuous period of six months shall be deemed to constitute abandonment of any nonconforming rights existing on May 15, 1958. Nonconforming uses involving no structures may be continued for two years from the time they become nonconforming. Nonconforming uses involving structures may be continued for 10 years after May 15, 1958, or for such longer time so that total life of the structure shall be 10 years from the date of construction for light incombustible frame or wood construction, 15 years from the date of construction for heavy timber or ordinary masonry construction and 20 years from the date of construction for fire-resistive construction.

The alteration and reconstruction of nonconforming buildings or improvements shall be subject to the granting of a conditional use permit pursuant to the provisions of Article 19 of this title provided nonconforming structures and uses shall not be increased in size or area nor put to less restricted uses under any conditional use permit.

(Ord. 99-791 Exh. A (part); prior code § 9-4.302)

A.

Unlawful Uses. Uses that are unlawful under federal or state law shall not be treated as permitted uses, and shall not be determined to be similar to any uses permitted pursuant to this title.

(Ord. 07-891 § 3 (part))

(Ord. No. 15-955, § 3, 1-4-16; Ord. No. 17-968, § 2, 9-18-17)

Chapter 11.11 - MEDICAL CANNABIS DISPENSARIES, CULTIVATION AND PROCESSING, COMMERCIAL CANNABIS ACTIVITIES, DELIVERY OF CANNABIS AND CANNABIS-RELATED PRODUCTS, AND

OUTDOOR CULTIVATION OF CANNABIS

The City Council finds that the purpose and intent of this chapter is to prohibit medical cannabis dispensaries, medical cannabis cultivation, medical cannabis processing, commercial activities regarding non-medical cannabis and cannabis-related products, and to ban the delivery and outdoor commercial and residential cultivation of cannabis in order to protect the health, safety and welfare of the community.

(Ord. No. 17-968, § 3, 9-18-17)

For purposes of this chapter, the following definitions shall apply. For purposes of Chapter 11.11, these definitions shall supersede any other definitions of the same terms elsewhere in this Code.

Attending physician means an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of cannabis is appropriate.

Cannabis or marijuana means all parts of the plant cannabis sativa linnaeus, cannabis indica, and/or cannabis ruderalis, whether growing or not; the seed thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative mixture, or preparation of the plant, its seeds, or resin. "Marijuana" or "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code as the same may be amended from time to time.

Cannabis-related products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible, ingestible, or topical product containing cannabis or concentrated cannabis and other ingredients.

Commercial cannabis activities includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, trade or sale of cannabis and cannabis-related products by any person, entity, commercial or business enterprise, whether for-profit or nonprofit.

Delivery means the transfer of cannabis or cannabis-related products by an individual or entity originating outside of the City of Montclair to any other person or entity located within the City of Montclair.

Fully enclosed and secure structure means a code compliant space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more locking doors.

Identification card means a document issued by the California Department of Public Health that identifies a person authorized to engage in the medical use of cannabis and the person's designated primary caregiver, if any.

Medical cannabis cultivation means any activity involving the growing, planting, harvesting, farming, drying, curing, grading, or trimming of medical cannabis. "Medical cannabis cultivation" shall not include cultivation, harvest, drying, or processing of not more than six living cannabis plants and possession of the cannabis produced by the plants.

Medical cannabis dispensary means a facility or location, whether fixed or mobile, which provides, makes available, or distributes cannabis to a primary caregiver or qualified patient, or a person with an identification card issued in accordance with California Health and Safety Code Sections 11362.5, et seq. For purposes of this Chapter, "medical cannabis dispensary" shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; or (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

Medical cannabis processing means any method or activity used to prepare medical cannabis or its byproducts for commercial retail and/or wholesale use, including but not limited to: Drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis-related products and concentrates.

Outdoor cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis that is not within a fully enclosed and secure structure.

Person with an identification card means an individual who is a qualified patient, who has applied for and received a valid identification card issued pursuant to Section 11362.7 of the Health and Safety Code.

Primary caregiver means the individual, designated by a qualified patient or person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient. A primary caregiver shall be at least 18 years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Section 69022, 7002, 7050 or 7120 of the Family Code.

Qualified patient means a person who is entitled to the protections of Section 11362.5 of the Health and Safety Code, but who does not have an identification card issued by the California Department of Public Health.

(Ord. No. 17-968, § 3, 9-18-17)

11.11.030 - Commercial cannabis activities prohibited.

A.

Commercial cannabis activities are prohibited in the City of Montclair. No use permit, variance, building permit, or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for commercial cannabis activities. It shall be unlawful for any person or entity to own, manage, conduct, operate, or to be employed in or by, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such person, any commercial cannabis activity or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense.

B.

Exceptions. Nothing in subsection A of this section shall be deemed to make unlawful those activities protected pursuant to California Health and Safety Code Section 11362.1 and Business and Professions Code Section 26033, as follows: (1) possession of not more than 28.5 grams of cannabis not in the form of concentrated cannabis or eight grams of cannabis in the form of concentrated cannabis, including contained in cannabis products, by a person 21 years of age or older or by a person with an identification card, qualified patient or primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code and, excluding the qualified patient, is in possession of a valid identification card issued by the California Department of Public Health pursuant to Section 11362.7, Section 11362.71 and Section 11362.765 of the Health and Safety Code; (2) cultivation of not more than six living cannabis plants and possession of the cannabis produced by the plants within a private residence or a fully and enclosed structure that is accessory to and located on the grounds of the private residence if intended for personal use only; (3) smoking or ingesting cannabis or cannabis-related products on private residential property; (4) the transport of up to 28.5 grams of cannabis or 8 grams of concentrated cannabis or cannabis-related products by a person 21 years of age or older and obtained from a location outside the City of Montclair for transport to a private residence within the City for non-commercial use; and (5) the transport of up to eight ounces of dried cannabis or up to six cannabis plants or 12 immature cannabis plants obtained from a location outside the City of Montclair to a private residence within the City for non-commercial use by a person with an identification card, qualified patient or primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code and, excluding a qualified patient, is in possession of a valid identification card issued by the California Department of Public Health pursuant to Section 11362.7,

e the City of Montclair to a private residence within the City for non-commercial use by a person with an identification card, qualified patient or primary caregiver within the meaning of Section 11362.7 of the Health and Safety Code and, excluding a qualified patient, is in possession of a valid identification card issued by the California Department of Public Health pursuant to Section 11362.7,

Section 11362.71 and Section 11362.765 of the Health and Safety Code; provided, however, pursuant to Section 11362.77(a)(b) of the Health and Safety Code, a person with an identification card, qualified patient or primary caregiver may possess an amount of cannabis consistent with the patient's needs if the person with an identification card, qualified patient or primary caregiver has an attending physician's recommendation that the quantity specified herein does not meet the person with an identification card or qualified patient's medical needs.

(Ord. No. 17-968, § 3, 9-18-17)

Outdoor cultivation of cannabis by any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City is prohibited. It shall be unlawful for any person or entity

to own, manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such person, the outdoor cultivation of cannabis or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in the outdoor cultivation of cannabis. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense.

(Ord. No. 17-968, § 3, 9-18-17)

11.11.050 - Delivery of cannabis and cannabis-related products prohibited.

Delivery of cannabis and/or cannabis-related products is prohibited within the City of Montclair.

(Ord. No. 17-968, § 3, 9-18-17)

11.11.060 - Medical cannabis dispensaries prohibited.

Medical cannabis dispensaries, cooperatives, collectives, establishments or providers are prohibited in the City of Montclair. It shall be unlawful for any person or entity to own, manage, conduct, operate or be employed in or by, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or to be established, conducted, operated, owned or managed on or within any real property owned or controlled by such person, a medical cannabis dispensary, cooperative, collective, establishment and/or provider or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical cannabis dispensary, cooperative, collective, establishment and/or provider. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense.

(Ord. No. 17-968, § 3, 9-18-17)

11.11.070 - Medical cannabis cultivation and processing prohibited.

A.

Medical cannabis cultivation or medical cannabis processing are prohibited in the City of Montclair, except where the City is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of medical cannabis cultivation or medical cannabis processing, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license or permit is sought.

B.

Exceptions. Nothing in subsection A of this section shall be deemed to prohibit or make unlawful those activities protected pursuant to California Health and Safety Code Section 11362.77, as follows: A qualified patient or primary caregiver [as those terms are defined in California Health and Safety Code Section

11362.7] (1) may possess no more than eight ounces of dried cannabis per qualified patient; (2) may maintain no more than six mature or 12 immature cannabis plants per qualified patient; and (3) may possess an amount of cannabis consistent with the patient's needs if the qualified patient or primary caregiver has a physician's recommendation that the limitations set forth in California Health & Safety Code Section 11362.77(a) does not meet the qualified patient's medical needs.

(Ord. No. 17-968, § 3, 9-18-17)

11.11.080 - Medical cannabis dispensaries, medical cannabis cultivation or processing, commercial cannabis activities, delivery of cannabis, and outdoor cultivation declared public nuisances.

The establishment, maintenance or operation of a medical cannabis dispensary, the cultivation or processing of medical cannabis, any commercial cannabis activity, the delivery of cannabis, and outdoor cultivation of cannabis in violation of this chapter within the City is hereby declared to be a public nuisance and may be abated as such by all available means.

(Ord. No. 17-968, § 3, 9-18-17)

11.11.090 - Use or activity prohibited by state or federal law.

Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(Ord. No. 17-968, § 3, 9-18-17)

11.11.100 - Applicability of other laws.

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 17-968, § 3, 9-18-17)

Division II. - Zoning

Chapter 11.12 - ESTABLISHMENT OF ZONES AND BOUNDARIES

Sections:

This division shall be known as the "Zoning Law of the City of Montclair."

(Prior code § 9-4.101)

The purpose of this division is to encourage, classify, designate, regulate and restrict the highest and best locations and uses of buildings and structures, for residential, commercial, and industrial or other purposes, including the conservation of water, to regulate and limit the height, number of stories, and sizes of buildings and other structures erected or altered; to regulate and determine the size of yards and other open spaces; to regulate and limit the density of population; and, for such purposes, to divide the City into

zones of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air; to prevent and fight fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities, such as transportation, water, sewerage, schools, parks, and other public requirements; and to promote the public health, safety and general welfare.

(Ord. 99-791 Exh. A (part); prior code § 9-4.102)

In order to carry out the purposes and provisions of this title, the City is divided into several zones, known as follows:

A—Estate Zone

R-1—Single-Family Residential Zone

R-2—Two-Family Residential Zone

R-3—Residential Medium-High Density

A-P—Administrative Professional Zone

C-2—Restricted Commercial Zone

C-3—General Commercial Zone

MIP—Manufacturing Industrial Park Zone

M-1—Limited Manufacturing Zone

M-2—General Manufacturing Zone

SL—Small-Lot, Detached Housing Overlay Zone

(Ord. 99-791 Exh. A (part); prior code § 9-4.401)

11.12.040 - Zoning map.

The zones established by this chapter and the boundaries of such zones are shown upon a map which is made a part of this title and which is designated as the "Official Zoning Map." Such zoning map may, for convenience, be divided into parts, and each such part may, for purposes of more readily identifying areas within such zoning map, be subdivided into units, and each such part and unit may be separately used for purposes of amending the zoning map or for any official reference to the zoning map. Such map, and each such part and unit, and the notations, references, and other information shown thereon, shall be as much a part of this title as if the matters and information set forth by such map were fully all described in this title.

(Prior code § 9-4.402)

If uncertainty exists as to the boundary of any zone shown on the zoning map, the following rules shall apply:

A.

Street, Alley, or Lot Lines. If the indicated zone boundaries are approximately street, alley, or lot lines, such lines shall be construed to be the boundaries; otherwise such boundaries shall be determined by use of the scale appearing on the zoning map unless specifically indicated by dimensions.

B.

Determination by Planning Commission. If there is uncertainty about a zone boundary, Planning Commission shall, by written decision, determine the location of the zone boundary.

C.

Vacated Street or Alley. If a street or alley is officially vacated or abandoned, the zone boundary shall be changed to include such vacated or abandoned street or alley in the same zone as the adjoining property to which it reverts.

(Ord. 99-791 Exh. A (part); prior code § 9-4.403)

Chapter 11.14 - ZONING FOR SPECIFIC AREAS

Sections:

Areas annexed to the City shall be classified in the same or nearest comparable zone classification in which such area was classified in the County at the time of annexation and which is consistent with the adopted General Plan until the City Council adopts different classifications in the manner provided for zone changes in Chapter 11.84 of this title. Prezoning shall be established by this chapter and the boundaries of such prezones are shown upon a map which is made a part of this title and which is designated as the "Official Prezone Map." Prezone designations may include any zone established by this title at such time any prezone is established. Procedures for establishment or changing of prezones shall be identical to those required for zones.

(Ord. 05-870 § 1: Ord. 99-791 Exh. A (part); prior code § 9-4.501)

Chapter 11.16 - ZONES: A—ESTATE

Sections:

The A Estate Zone is intended to establish zoning regulations of property for the purpose of allowing animals, agriculture, and auxiliary buildings, in addition to those provided in the R-1 Zone. The A Zone shall be combined with the R-1 Zone, and all regulations of both zones shall be applicable to any such property.

(Ord. 99-791 Exh. A (part): prior code § 9-4.1751)

During the proceedings for the change of the official zoning map, as set forth in Chapter 11.84 of this title, the Planning Commission may recommend an Estate Zone designation, and the City Council may make such designation. Prior to making a recommendation for such a zone change, the Planning Commission shall make the findings required by this section in addition to any other findings required elsewhere in this title for the recommendation of a zone change. The required findings shall be made in writing as part of the recommendation to the City Council. Prior to making such designation, the City Council shall also make the findings required by this section. The findings required prior to the recommendation and approval of such a zone change are as follows:

A.

That the application for a zone change on property includes only R-1 Zoning and a minimum density of 20,000 square foot lots;

B.

That the use of such property would not be inharmonious with the adopted General Plan;

C.

That the area of the zone change is sufficient in size as to create a neighborhood of like zoning; and

D.

That the area has been provided with proper circulation for the movement of horses and for the servicing of the estates.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1752)

The following uses shall be permitted in the Estate A zone:

A.

Accessory Dwelling Units and Junior Accessory Dwellings Units.

(Prior code § 9-4.1753; Ord. 99-791 Exh. A (part); Ord. No. 21-996, § III, 10-4-21)

All uses permitted in the A Zone which are not permitted in the R-1 Zone shall be subject to the approval of a PPD submitted and reviewed in accordance with the provisions of Chapter 11.80 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1754)

The Planning Commission shall establish by resolution development standards for the A Zone, including, but not limited to, setbacks.

(Ord. 99-791 Exh. A (part): prior code § 9-4.1755)

The Planning Commission shall establish by resolution performance standards for the A Zone, including, but not limited to, the number of animals allowed.

(Ord. 99-791 Exh. A (part): prior code § 9-4.1756)

Chapter 11.18 - ZONES: R-1—SINGLE-FAMILY RESIDENTIAL

Sections:

The R-1 Single-Family Residential Zone is intended as a district of single-family homes with not more than one primary dwelling unit, a maximum of one second dwelling unit pursuant to Chapter 11.23 of this title, and detached accessory building(s) pursuant to Chapter 11.19 of this title, upon one lot. Except as specifically provided elsewhere in this title, any and every building and premises or land in the R-1 Zone shall be used for, or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, and moved into or within such R-1 Zone exclusively and only in accordance with the provisions set forth in this chapter.

(Ord. No. 10-916, § 2, 10-18-10)

Editor's note— Ord. No. 10-916, § 2, adopted October 18, 2010, repealed the former § 11.18.010, and enacted a new Section 11.18.010 as set out herein. The former § 11.18.010 pertained to similar subject matter and derived from Ord. No. 08-905, adopted January 5, 2009.

The following uses shall be expressly prohibited in the R-1 Zone:

A.

All uses not specifically listed in Section 18.030 of this chapter.

B.

Motor homes, mobile homes, campers, and other similar recreational vehicles used as living space on a temporary or permanent basis.

(Ord. No. 08-905, § 2C, 1-5-09)

Editor's note— Ord. No. 08-905, § 2B, adopted January 5, 2009, repealed the former § 11.18.020, and enacted a new Section 11.18.020 as set out herein. The former § 11.18.010 pertained to similar subject matter and derived from prior code § 9-4.701.1; Ord. No. 99-791 and Ord. No. 06-871.

The following uses shall be permitted in the R-1 Zone:

A.

One single-family dwelling of a permanent character placed in a permanent location subject to development requirements prescribed in Sections 11.18.030 through 11.18.050 and Section 11.80.010;

B.

Orchards, tree crops, field crops, truck gardening, berry and bush crops, flower gardening, nurseries, greenhouses or lath houses not exceeding 200 square feet in area on any lot, and other similar enterprises carried on in the general field of agriculture provided there are no retail sales from the premises;

C.

The keeping of animal pets for noncommercial purposes as follows:

1.

Not more than two weaned dogs,

2.

Not more than two weaned cats,

3.

Not more than four, or a combination of not more than four, domestic adult rabbits, guinea pigs, or chickens, and their immature offspring, provided such animals shall not be kept in violation of the provisions of Chapters 5.08 and 6.28 of this Code. Roosters and geese shall be expressly prohibited,

4.

Canaries, parrots and other kindred birds usually or ordinarily kept as household pets at a ratio not to exceed one bird for each 500 square feet of lot area, and

5.

Such other animals as the Planning Commission may permit pursuant to a revocable special permit after a recommendation by the Health Officer that the keeping of such animals will not be detrimental to the health, safety and welfare of the abutting property owners; provided, however, the Director of Community Development may grant an administrative adjustment pursuant to the provisions of Section 11.76.020(F) of this title;

D.

Parks, playgrounds, a civic center, and community buildings owned and controlled by any public agency;

E.

Churches, nonprofit libraries, museums, elementary, junior high, and high schools offering full curricula as required by State laws, colleges listed as institutions of higher learning by the United States Office of Education, and homes for the aged or for children as may be permitted after a public hearing in each case pursuant to a conditional use permit in accordance with the provisions of Chapter 11.78 of this title;

F.

The renting of rooms to not more than one roomer and/or the providing of table board to not more than one boarder in addition to members of the family occupying a single-family residence;

G.

Home occupations (for which a home occupation permit has been issued);

H.

Accessory dwelling units and junior accessory dwellings units pursuant to Chapter 11.23 of this title and accessory buildings pursuant to Chapter 11.19 of this title or improvements incidental to any of the permitted uses in this chapter. No motor home, mobile home, tank, shipping container, trailer, business, or other vehicle or similar item shall be considered or permitted as accessory buildings.

I.

Nameplates and signs as provided in Chapter 11.72 of this title;

J.

Manufactured homes, provided that they shall be designed and built to have an appearance, scale and character similar to and in conformance with the predominant architectural style of homes in the immediate neighborhood and consistent with the provisions of this chapter applicable to conventionally-built singlefamily residences including, but not limited to:

1.

Massing,

2.

Foundations,

3.

Roof pitch and roofing materials,

4.

Fire sprinkler requirements,

5.

Building materials, and

Window and architectural treatments;

K.

Children's day-care facilities, day nurseries, and nursery schools in accordance with the provisions and requirements of Chapter 11.48 of this title;

L.

Antennas, satellite dish antennas, or other similar accessory apparatus, as an accessory structure to a single-family residence, which is consistent with building height limits and other zoning provisions of this chapter and consistent with the provisions of Chapter 11.46 of this title. Antennas and similar apparatus not meeting the required zoning provisions may be approved by the Planning Commission, subject to a conditional use permit, pursuant to the provisions of Chapter 11.78 of this title.

(Ord. 06-871 § 2 (part); Ord. 99-791 Exh. A (part); prior code § 9-4.702)

(Ord. No. 08-905, § 2D, 1-5-09; Ord. No. 10-916, § 3, 10-18-10; Ord. No. 14-945, § 2, 9-2-14; Ord. No. 21996, § III, 10-4-21)

11.18.040 - Property development standards.

The following property development standards shall apply to all land and buildings in the R-1 Zone; provided, however, if a lot has a width, depth or area less than that required by the provisions of this chapter and was held under separate ownership or was of official City record prior to June 2, 1988, such lot may be occupied by any use permitted in the R-1 Zone after a public hearing pursuant to a conditional use permit in accordance with the provisions of Chapter 11.78 of this title.

A.

Building Height Limits. The maximum building height shall be two stories and shall not exceed 35 feet.

B.

Minimum Lot Width. Every lot shall have a minimum width at the front lot line of 60 feet for interior lots and 65 feet for corner lots and a minimum depth of 100 feet. When the minimum lot area per dwelling unit exceeds 15,000 square feet, every lot shall have a minimum width at the front lot line of 75 feet for interior lots and 80 feet for corner lots and a minimum depth of 150 feet. If a lot has less width or less area than

all have a minimum width at the front lot line of 60 feet for interior lots and 65 feet for corner lots and a minimum depth of 100 feet. When the minimum lot area per dwelling unit exceeds 15,000 square feet, every lot shall have a minimum width at the front lot line of 75 feet for interior lots and 80 feet for corner lots and a minimum depth of 150 feet. If a lot has less width or less area than

required by the provisions of this chapter and was held under separate ownership or was of record on May 15, 1958, such lot or combination of such lots may be occupied by any use permitted in the R-1 Zone if the lot or combination of lots is not less than 50 feet in width at the building line. A lot or a combination of lots less than 50 feet in width at the building line, which lot was held under separate ownership or was of record on May 15, 1958, may be permitted to be occupied by any use permitted in the R-1 Zone after a public hearing pursuant to a conditional use permit in accordance with the provisions of Chapter 11.78 of this title. Cul-de-sac lots shall have a minimum length of 40 lineal feet measured along the front lot line.

C.

Minimum Lot Area per Dwelling Unit. The minimum lot area per dwelling unit (except for lots held under separate ownership or of record on May 15, 1958; see subsection B of this section) shall be 7500 square feet. The Planning Commission may, pursuant to the zone-change procedures, establish a different minimum lot area for any R-1 Zone by establishing a suffix to the R-1 designation indicating the minimum lot area (i.e., 20,000, 30,000, etc.). No lot shall exceed the density provided for in the General Plan of the City.

D.

Lot Coverage. The building area shall not cover more than 35 percent of the total area of any lot.

E.

Yards. The following yards shall be established and maintained (see Section 11.38.060 of this Code for additional setbacks which may be required for planned rights-of-way):

1.

A front yard having a depth not less than 25 feet; provided, however, no front yard need be deeper than the average of the depths of the front yards of the lots next thereto on either side, a vacant lot or a lot occupied by a building with a front yard of more than 25 feet being considered as having a front yard 25 feet deep; the Planning Commission may require within a subdivision a 30-foot setback on alternating lots and may require a 35-foot setback on limited access roads to provide for circular drives;

2.

Side yards as follows:

a.

Interior lots having vehicular access to an alley shall have side yards of not less than 5 feet in width,

b.

Interior lots having no vehicular access to an alley shall have one side yard of not less than 12 feet in width and one side yard of not less than 5 feet in width,

c.

Corner lots shall have side yards of not less than 5 feet in width adjacent to the interior side lot line and a 15-foot yard along the street side;

3.

A rear yard having a depth of not less than 15 feet for a one-story building and 20 feet for a two-story building; provided further, the provisions of subsection F of this section shall also apply.

4.

See Chapter 11.23 for setbacks applicable to accessory dwelling units; refer to Tables 1 and 2.

F.

Outdoor Living Spaces.

1.

Each lot shall contain a minimum of 1000 square feet of permanent, open, outdoor living space to the rear of the front yard setback line. Such outdoor living area may be provided in one or more spaces; provided, however, such spaces shall average not less than 20 feet and at their narrowest dimension shall be not less than 15 feet.

2.

The gradient or slope of any required outdoor living space shall not exceed 5 percent in any direction.

3.

Patios, including patio roofs, may be erected within the required outdoor living space provided such patios are open on at least two sides. Patios enclosed with walls, windows, screens or any other contrivance shall not be considered as open. Swimming, wading or fish pools may be constructed within the required outdoor living space. Patios and pools shall not occupy more than 60 percent of such space.

4.

Vehicular driveways, when lying to the rear of the front yard setback line, shall not be calculated as part of the required outdoor living space.

5.

Side and rear yards, as set forth in subsection E of this section, may be included in calculating the area and minimum dimensions of the required outdoor living space provided such side and rear yards are contiguous with, and an integral part of, such space.

6.

Spaces with a dimension of less than 15 feet shall not be calculated when determining the required outdoor living space.

G.

Parking. See Sections 11.66.010 and 11.66.030 of this title.

H.

Roof-Mounted Equipment and Antennas. Roof-mounted equipment and antennas on new single-family dwellings, where a building permit is required per Section 11.46.030 of this Code, shall only be permitted, in conjunction with Precise Plan of Design approval, where it is demonstrated that such equipment is installed in a manner in harmony with the architectural design of the dwelling and surrounding neighborhood and in a location least visible from public view. Roof-mounted equipment and antenna installation is permitted on single-family development constructed prior to enactment of this chapter;

however it shall also be installed in a manner in harmony with the architectural design of the dwelling and surrounding neighborhood. All such equipment installations, whether on new or existing development, shall meet applicable zoning provisions and the provisions of Chapter 11.46 of this title. Roof-mounted equipment and antennas installed prior to enactment of this title shall be deemed legally nonconforming and exempt from these provisions. Removal shall constitute cessation of use.

I.

Landscaping Requirements.

1.

New Residential Development. The following landscaping requirements shall apply to housing developed after June 2, 1988.

a.

Area. The front and street corner side yards of each lot shall be fully landscaped by the developer, in accordance with these provisions, prior to dwelling occupancy. Other areas, such as slopes, may also require landscaping, subject to City review.

b.

Trees. A minimum of one tree, minimum size of 15 gallons, shall be planted for every 500 square feet of front and street corner side yard areas. Required street trees shall be credited to this requirement.

c.

Street Trees. At least one street tree per street frontage shall be planted in subdivisions, with tree spacing no greater than 35 feet on center. Such tree(s) shall be a minimum of 15 gallons in size. Location, species, and planting procedures shall be in accordance with the Street Tree Master Plan and City development standards. Street trees shall not be removed without prior City approval.

d.

Shrubs. A minimum of one shrub shall be planted for each 150 square feet of front and street corner side yard areas.

e.

Ground Cover. All planting areas shall be planted with live ground cover pursuant to City development standards.

f.

Plant Materials; General. The number, size, spacing, and species of required plant materials may be increased, decreased, or otherwise changed by the Director of Community Development, or appointee, when it is determined that an alternate design will better meet the intent of this section.

g.

Irrigation. All front and street corner side yard planting areas shall have 100 percent irrigation coverage by an automatic irrigation system.

2.

All Residential Development. A minimum of 60 percent of the front and street corner side yard areas of each lot shall be retained as landscaped area. The remaining areas, not to exceed 40 percent of such total area, may include paved driveways, parking areas and aprons, walkways, and other hard surface areas. Exception to this requirement may be permitted, subject to approval of the Director of Community Development, in order to provide required access improvements such as circular driveways, or to accommodate reduced or irregular lots, such as cul-de-sacs. If a lot has less than 60 percent front yard landscaping prior to June 2, 1988, it shall be permitted so long as the existing landscaped area is not further reduced.

(Ord. 06-871 § 2 (part); Ord. 99-791 Exh. A (part); prior code § 9-4.703)

(Ord. No. 21-996, § III, 10-4-21)

A.

Minimum Area of Dwelling Units. Single-family dwellings shall contain not less than:

1.

For one-bedroom and two-bedroom (including den) units, 1300 square feet;

2.

For units with three or more bedrooms 1400 square feet. Such space shall be exclusive of open porches, patios, carports and garages.

B.

Minimum Room Sizes. A single-family dwelling shall have no habitable room, except kitchens, bathrooms and halls, which have an area of less than 110 square feet.

C.

Minimum Room Pitch. Dwelling units utilizing typical gable, hip or shed roofs shall have a minimum pitch of 3 inches in 12 inches.

D.

Minimum Eave Projection. Minimum eave projections shall in no case extend less than 18 inches. Additional extension may be required through Precise Plan of Design review in order to ensure energy conservation and/or compatibility with surrounding neighborhood.

E.

Foundation Required. Units not constructed and/or installed on a concrete slab foundation shall have a continuous masonry foundation and/or enclosure.

(Ord. 99-791 Exh. A (part); prior code § 9-4.704)

Chapter 11.19 - ACCESSORY STRUCTURES IN SINGLE-FAMILY RESIDENTIAL ZONES

Sections:

The purpose and intent of this chapter is to:

A.

Establish development standards that apply to accessory structures in single-family residential zoning districts.

B.

Ensure accessory structures are consistent with the residential character of the surrounding neighborhood.

C.

Minimize the visual impact associated with the design of accessory structures.

(Ord. No. 10-916, § 5, 10-18-10)

11.19.020 - Applicability.

A.

This chapter shall apply to the construction of any accessory structure in single-family residential districts within the City as defined herein.

B.

Except as provided elsewhere in this title, it shall be unlawful for any person to erect, construct, enlarge, move, or replace any accessory use or structure without first complying with the development standards established herein and obtaining necessary construction and alteration permits as may be required by adopted codes listed in Title 10 of the Montclair Municipal Code.

C.

Existing accessory structures that were legally constructed prior to the date of the ordinance from which this chapter is derived but which do not conform to the provisions of this chapter are deemed to be legal nonconforming and shall be subject to the provisions of Chapter 11.78.060 of the Montclair Municipal Code.

D.

The provisions of this chapter shall in no way validate any existing accessory structure constructed without City approval. Accessory structures erected without benefit of City approval and a building permit shall be removed upon notification or, if possible, modified to comply with the provisions of this chapter and any applicable requirements in the adopted codes listed in Title 10 of the Montclair Municipal Code.

(Ord. No. 10-916, § 5, 10-18-10)

Accessory buildings and structures, except walls and fences, in the R-1 Single-Family Residential Zone shall be subject to the following provisions:

A.

An accessory structure may only be constructed on a lot containing a primary structure that is occupied by the appropriate use.

B.

Accessory structures may only be used for purposes permitted in the district in which they are located. It shall be the responsibility of the Director to determine if a proposed accessory structure or use is appropriate, incidental, and subordinate to the principal permitted use.

C.

No major accessory structure shall be allowed on a property that does not provide minimum required covered parking meeting the development standards of the underlying zoning district.

D.

When an accessory structure is proposed on a property that is comprised of more than one lot or parcel, the parcels or lots in question shall be merged and recorded with the Office of the County Recorder.

E.

No mobile home, tank, shipping container, trailer, bus, or other vehicle or similar item shall be utilized as an accessory building or storage structure in any single-family or multifamily residential zoning district.

F.

Accessory buildings or structures containing machinery or other fixed equipment capable of creating noise audible outside of the structure shall comply with City noise standards as set forth in the Montclair Municipal Code.

G.

Significant changes to the use of an accessory structure shall be subject to City review for compliance with the development standards contained in this Title and may be subject to construction and alteration permits as may be required by adopted codes listed in Title 10 of the Montclair Municipal Code. No accessory building shall be used as habitable space as defined in this Title, including, but not limited to, a

dwelling unit, sleeping quarters, or a housekeeping unit or contain a kitchen unless permitted within an approved Second Dwelling Unit, subject to the provisions of Chapter 11.23 of the Montclair Municipal Code.

H.

A bathroom may be allowed within an enclosed accessory structure if approved by the Community Development Director.

I.

Accessory structures shall not be used for a commercial or industrial business, or home occupations. Other activities involving the use, manufacturing/processing, or storage of flammable, combustible, explosive, toxic, or other hazardous materials in quantities that are not normally associated with a household use as determined by the Montclair Fire Department shall be prohibited.

J.

Accessory buildings or structures shall not be located in any utility or drainage easement.

K.

Accessory structures shall be located and designed so as not to directly drain onto another property.

L.

All accessory structures may be subject to the review and approval of the Montclair Fire Department including the requirement to install fire suppression (sprinkler) systems, monitoring, and/or alarms.

M.

Before obtaining a building permit for a fully enclosed major accessory structure, the property owner shall file with the Office of the County Recorder a deed restriction, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating:

1.

The permitted use(s) for which the accessory structures may be used.

2.

That the accessory structures may not be converted to habitable space (i.e. a second dwelling unit pursuant to Chapter 11.23 herein and all other applicable ordinances and resolutions) without review and approval by the City, provided, however, that conversion to a similar use as determined by the Community Development Director shall not require execution and recordation of a new deed restriction.

3.

The restrictions shall be binding upon any successors or assigns in ownership of the property, and lack of compliance may result in legal action against the owner.

N.

Proposals for accessory structures shall be subject to the following:

1.

Review and approval of all accessory structures shall be conducted administratively by City staff. Staff decisions may be appealed to the Planning Commission pursuant to the criteria set forth in Chapter 1.08 of the Montclair Municipal Code.

2.

Concurrently with the review, but prior to the approval of plans for all accessory structures, Planning Division staff shall schedule a multidepartmental inspection of the subject property to ensure that the submitted plans are accurate and contain no errors or omissions. At a minimum, staff from the Planning and Building Divisions and Code Enforcement Unit of the Fire Department shall participate in the site inspection, however, representatives from other City departments/divisions may participate in the inspection at the discretion of the City Planner.

3.

Within 10 days of acceptance of a complete set of plans for a major accessory structure, the Community Development Director shall cause a courtesy notification of said proposal to be mailed to surrounding property owners who, in the Director's opinion, would be directly impacted by the proposed accessory structure. Said notification shall contain sufficient information regarding the general scope of the project and the days and times during which project plans may be reviewed by the public at the Community Development Department.

(Ord. No. 10-916, § 5, 10-18-10)

11.19.040 - Accessory structures in multifamily districts.

A.

No accessory structure shall be erected in a multifamily zoning district unless pursuant to a Precise Plan of Design (PPD).

B.

For multifamily developments, all accessory structures including carports and garages, trash enclosures, common open space structures, etc., shall be subject to the approval of, or included as an element of a PPD.

C.

Where a development standard in an underlying specific plan (SP) or planned unit development (PUD) project site addresses a specific accessory structure standard (e.g., height or setback), those standards

shall take precedence over this chapter.

(Ord. No. 10-916, § 5, 10-18-10)

11.19.050 - Size and number of accessory structures allowed.

The maximum size and number of accessory structures on any single-family residential lot shall be as follows:

(Ord. No. 10-916, § 5, 10-18-10)

11.19.060 - Setbacks.

Accessory buildings and structures shall comply with the following setback standards:

(Ord. No. 10-916, § 5, 10-18-10)

A.

All accessory structures shall be limited to one story and a maximum height of 15 feet, or the height of the primary structure, whichever is less. A rooftop designed so that it may be used as a deck shall be considered a second story for the purposes of this chapter and shall not be permitted.

B.

For recreational vehicle (RV) garages, building height may exceed the stated height limit provided that overall height of the structure is the minimum necessary to achieve necessary clearances and allow a roof pitch that complements the roof pitch of the primary structure on the property. In no case shall the maximum height of the portion of the accessory structure intended for accommodating an RV exceed 20 feet in height.

C.

Accessory structures designed with exterior walls exceeding 10 feet in height shall contain architectural design elements as described in Section 11.19.100(B) herein.

(Ord. No. 10-916, § 5, 10-18-10)

A.

Major accessory buildings or structures shall be separated from the primary structure and any other major accessory building or structure by a minimum distance of 10 feet, as measured from nearest exterior vertical wall or post surface.

B.

No accessory structure shall be attached to a property line fence or wall.

C.

See Chapter 11.23 for building separation standards applicable to accessory dwelling units; refer to Tables 1 and 2.

(Ord. No. 10-916, § 5, 10-18-10; Ord. No. 21-996, § III, 10-4-21)

11.19.090 - Lot coverage.

A.

The sum total of all accessory structures (except in-ground pools) shall not occupy more than 35 percent of the rear yard of a property.

B.

All accessory buildings or structures shall be counted toward the overall total lot coverage limit allowed by the underlying zoning district.

(Ord. No. 10-916, § 5, 10-18-10)

11.19.100 - Design.

Plans for an accessory structure shall be reviewed for conformity with the following guidelines:

A.

Roofing and siding materials shall match as closely as possible the predominant materials on the principal dwelling. Alternate materials may be approved if the Director finds that the alternate roofing and siding materials effectively complement the character and appearance of the primary structure on the property.

B.

A single, large, dominant building mass shall be avoided. When large accessory structures are proposed, the overall mass of the structure should be broken up through the change in wall planes, setbacks, projecting and recessed elements, and similar design techniques. Roofline offsets shall be provided to lend an architectural interest and variety to the massing of a building and to relieve the effect of a single long roof.

C.

The color(s) shall reflect, or be complementary to, the color scheme of the primary structure or dwelling

D.

Trim detailing including, but not limited to, fascia, window trim, and door trim shall reflect and be complementary to the trim detailing of the principal dwelling.

E.

Any lighting affixed to an accessory structure shall be designed or shielded so as to not cause glare upon neighboring properties.

(Ord. No. 10-916, § 5, 10-18-10)

11.19.110 - Additional standards for recreational vehicle garages.

Recreational vehicles (RVs) may be parked and stored within a completely or partially enclosed garage structure. Such structures shall be subject to the additional development criteria provided in the following standards:

A.

The RV garage shall be located in the rear yard meeting all applicable setback requirements.

B.

An RV garage structure shall be designed to minimize volume and mass and comply with the general design standards for large accessory structures contained in this chapter. Rooflines shall be varied to reduce the scale of structures and add visual interest.

C.

RVs shall not be covered solely by means of a carport structure. A carport for an RV may be considered when it is a part of, and appropriately integrated into, the overall design of a large accessory structure meeting the intent of the design standards for large accessory structures.

D.

An RV garage structure shall not be placed on the property in any manner that blocks or obstructs direct vehicular access to required covered parking for the property.

E.

Garages that are visible to the street shall have an automatic garage door opener and a decorative garage door design (e.g., "carriage style" garage doors) in keeping with the architectural style of the main house.

F.

Temporary or permanent connections to an existing septic tank or the City's sanitary sewer system designed for the express purpose of conveying waste from RV septic holding tanks to a private sewer system or the public sewer shall be prohibited. Further, waste from RV septic holding tanks shall not be conveyed to a private sewer system or the public sewer system through toilets or other approved plumbing fixtures within an approved accessory structure, main dwelling unit, or second dwelling unit. RV septic holding tanks shall be evacuated only at a licensed dump station designed to accept such waste.

(Ord. No. 10-916, § 5, 10-18-10)

All accessory structures shall be maintained in good repair in conformance with the property maintenance standards of the Montclair Municipal Code at all times.

(Ord. No. 10-916, § 5, 10-18-10)

Chapter 11.20 - ZONES: R-2—TWO-FAMILY RESIDENTIAL

Sections:

The R-2 Two-Family Residential Zone is for a residential district of single-family and two-family dwellings, with either one or two single-family dwellings on the same lot or one duplex per lot. Except as specifically provided elsewhere in this title, any and every building and premises or land in the R-2 Zone shall be used for, or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained and moved into or within such R-2 Zone exclusively and only in accordance with the provisions set forth in this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-4.801)

The following uses shall be permitted in the R-2 Zone:

A.

Any use permitted in the R-l Zone;

B.

Duplex dwellings of a permanent character placed in a permanent location and of not less than the following minimum floor area per dwelling unit, exclusive of open porches and garages:

1.

For one-bedroom units, 950 square feet,

2.

For two-bedroom units, 1200 square feet,

3.

For three-bedroom units, 1400 square feet, and

4.

For four-bedroom units, 1450 square feet;

C.

Two single-family dwellings of a permanent character placed in permanent locations on the same lot. There shall be a minimum of 1300 square feet for each one- or two-bedroom unit and 1400 square feet for units with three or more bedrooms, exclusive of open porches and garages;

D.

Accessory buildings and uses customarily incident to any of the above uses; and

E.

Name plates and signs as provided in Chapter 11.72 of this title.

F.

Accessory dwelling units subject to Chapter 11.23 of this title.

(Prior code § 9-4.802; Ord. 99-791 Exh. A (part); Ord. No. 21-996, § III, 10-4-21)

The maximum building height shall be two and one-half stories and shall not exceed 35 feet, except as otherwise provided in Section 11.38.030 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.803)

Every interior lot shall have a minimum width at the building line of 60 feet; every corner lot shall have a minimum width of 65 feet. Such lots shall have a minimum depth of 100 feet and a minimum area of 7500 square feet, provided, however, if a lot has less width or less area than required by the provisions of this title and was held under separate ownership or was of official City record on June 2, 1988, such lot or a combination of such lots may be occupied by any use permitted in the R-1 Zone if the lot or combination of lots is not less than 50 feet in width at the building line. A lot or combination of lots less than 50 feet in width at the building line, which lot or combination of lots was held under separate ownership or was of official City record on June 2, 1988, may be permitted to be occupied by any use permitted in the R-1 Zone subject to a CUP.

(Ord. 99-791 Exh. A (part); prior code § 9-4.804)

The minimum lot area per dwelling unit (except for lots held under separate ownership or of official City record on June 2, 1988; see Section 11.20.040 of this chapter) shall be 3750 square feet.

(Ord. 99-791 Exh. A (part); prior code § 9-4.805)

The building area shall not cover more than 40 percent of the total area of any lot.

(Ord. 99-791 Exh. A (part); prior code § 9-4.806)

The following yards shall be established and maintained (see Section 11.38.060 of this title for additional setbacks which may be required for planned rights-of-way):

A.

A front yard having a depth of not less than 25 feet; provided, however, no front yard need be deeper than the average of the depths of the front yards of the lots next thereto on either side, a vacant lot or a lot occupied by a building with a front yard of more than 25 feet being considered as having a front yard 25 feet deep;

B.

Side yards as follows:

1.

Interior lots having vehicular access to an alley shall have side yards of not less than 5 feet in width,

2.

Interior lots having no vehicular access to an alley shall have one side yard of not less than 12 feet in width and one side yard of not less than 5 feet in width, and

3.

Corner lots shall have side yards of not less than 5 feet in width adjacent to interior side lot lines and not less than 15 feet adjacent to street side lot lines; and

C.

A rear yard having a depth of not less than 10 feet for a one-story building and 15 feet for a two-story building provided, further, that the provisions of Section 11.20.080 of this chapter shall also apply;

D.

Landscaping requirements shall be met per Section 11.18.040(I).

E.

See Chapter 11.23 for setbacks applicable to accessory dwelling units; refer to Table 2.

(Prior code § 9-4.807; Ord. 99-791 Exh. A (part); Ord. No. 21-996, § III, 10-4-21)

A.

Each lot shall contain a minimum of 800 square feet of permanent, open, outdoor living space for each dwelling unit to the rear of the front yard setback line. Such outdoor living area may be provided in one or more spaces; provided, however, such spaces shall not be less than 15 feet at their narrowest dimension.

B.

The gradient or slope of any required outdoor living space shall not exceed 5 percent in any direction.

C.

Patios, including patio roofs, may be erected within the required outdoor living space provided such patios are open on at least two (2) sides. Patios enclosed with walls, windows, screens, or any other contrivance shall not be considered as open. Swimming, wading or fish pools may be constructed within the required outdoor living space. Patios and pools shall not occupy more than 60 percent of such space.

D.

Vehicular driveways, when lying to the rear of the front yard setback line, shall not be calculated as part of the required outdoor living space.

E.

Side and rear yards, as described in Section 11.20.070 of this chapter, may be included in calculating the area and minimum dimensions of the required outdoor living space provided such side and rear yards are contiguous with, and an integral part of, such space.

F.

Spaces with a dimension of less than 15 feet shall not be calculated when determining the required outdoor living space.

(Ord. 99-791 Exh. A (part); prior code § 9-4.808)

The minimum distance between single-story dwellings, neither one of which has an entrance opening upon the intervening space, shall not be less than 10 feet, and the minimum distance in all other cases shall be not less than 20 feet.

(Ord. 99-791 Exh. A (part); prior code § 9-4.809)

See Sections 11.66.010 and 11.66.030 of this title.

(Prior code § 9-4.810)

Chapter 11.21 - MINISTERIAL TWO-UNIT PROJECTS

Sections:

The purpose of this Chapter is to allow and appropriately regulate a Two-Unit Project under Government Code section 65852.21.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

A "Two-Unit Project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this Chapter.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

11.21.030 - Application.

A.

Owners.

1.

Only individual property owners may apply for a Two-Unit Project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue & Tax Code §402.1 (a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue & Tax Code §214.15).

2.

Any person with a mortgage interest in the lot must sign the application and the parcel map indicating the person's consent to the project.

B.

An application for a Two-Unit Project must be submitted on the City's approved form.

C.

The applicant must obtain a Certificate of Compliance pursuant to the Subdivision Map Act and implementing regulations in this code for the lot and provide the certificate with the application.

D.

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

E.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

A.

An application for a Two-Unit Project is approved or denied ministerially, by the Director of Community Development, without discretionary review.

B.

The ministerial approval of a Two-Unit Project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

D.

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

A Two-Unit Project must satisfy each of the following requirements:

A.

Subdivision Map Act Compliance. The lot must have been legally subdivided.

B.

Zone. The lot is in the R-1 single-family residential zone.

C.

Lot Location.

1.

The lot is not located on a site that is any of the following:

a.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b.

A wetland.

c.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d.

A hazardous waste site that has not been cleared for residential use.

e.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f.

Within a 100-year flood hazard area, unless the site has either:

i.

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

iii.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

iv.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

v.

Habitat for protected species.

vi.

Land under conservation easement.

The purpose of subpart C(1) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Gov. Code §66411. 7(a)(3)(C)).

The applicant must provide evidence that the requirements of Government Code Section 65913.4(a)(6)(B)(K) are satisfied.

D.

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

E.

No Impact on Protected Housing.

1.

The Two-Unit Project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code§§ 7060-7060.7) at any time in the 15 years before submission of the urban lot split application.

d.

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

2.

As part of the Two-Unit Project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart 11.21.070.A above is satisfied.

a.

The sworn statement must state that:

i.

No housing that is income-restricted for households of moderate income, low income, or very low income will be demolished or altered.

ii.

No housing that is subject to any form of rent or price control will be demolished or altered.

iii.

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

iv.

No housing that has been occupied by a tenant in the last three years will be demolished or altered.

b.

The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

A.

Quantity.

1.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

2.

A lot that is not created by an urban lot may have a Two-Unit Project in this section plus any ADU or JADU that must be allowed under State Law and the City ADU ordinance.

B.

Unit Size.

1.

The total floor area of each primary dwelling built that is developed under this section must be as follows:

a.

Less than or equal to 800 SF and

b.

Larger than 500 SF.

2.

A primary dwelling that was legally established on the lot prior to the Two-Unit Project and that is larger than 800 SF is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

3.

A primary dwelling that was legally established prior to the Two-Unit Project and that is less than 800 SF may be expanded to 800 SF after, or as part of, the Two-Unit Project.

C.

Height Restrictions.

1.

On a lot that is larger than 2,000 SF, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

2.

On a lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor exterior walls; no balcony deck or other portion of the second story may project into the step back.

3.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

D.

Demo Cap. The Two-Unit Project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling, unless the site has not been occupied by a tenant in the last three years.

E.

Lot Coverage. A maximum lot coverage of 45 percent is permitted.

F.

Open Space. Each unit shall be provided with 300 SF of useable open space; with a minimum side setback of 10 feet.

G.

Setbacks.

1.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

2.

Exceptions. Notwithstanding subpart (G)(1) above:

a.

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

b.

800 SF; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree

necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than four feet from a side or rear property line.

3.

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

a.

Be kept free from all structures greater than three feet high; and

b.

Be landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and

c.

Allow for vehicular and fire-safety access to the front structure.

H.

Parking. Each new primary dwelling unit must have at least one enclosed off-street parking space, within a garage, per unit unless one of the following applies:

The lot is located within one-half mile walking distance of either:

a.

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

b.

A site that contains the following features:

i.

An existing rail or bus rapid transit station,

ii.

A ferry terminal served by either a bus or rail transit service, or

iii.

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

2.

The site is located within one block of a car-share vehicle location.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

A.

If there is a legal primary dwelling on the lot that was established before the Two-Unit Project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

1.

If there is no legal primary dwelling on the lot before the Two-Unit Project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2.

All new residential development is subject to compliance with objective R-1 design standards within this chapter. All new residential development is subject to the objective design standards.

3.

All exterior lighting must be limited to downlights.

4.

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

5.

If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and doors) utilize frosted or obscure glass.

B.

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:

1.

At least one 15-gallon size plant shall be provided for every five linear feet of the exterior wall. Alternatively, at least one 24-inch box-size plant shall be provided for every ten linear feet of the exterior wall.

2.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

3.

All landscaping must be drought-tolerant pursuant to the City's Water-Efficient Landscaping and Conservation Ordinance.

4.

All landscaping must be from the City's approved plant list.

C.

Tree Preservation. In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove mature trees on site. A mature tree is defined as a tree with a diameter-at-breast-height (DBH) of 19 inches or greater. Removal includes moving a tree or removing more than one-third of a tree's vegetation. In addition to the preservation of the tree, the owner must record a covenant showing the location of the mature tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve any tree removal.

D.

Nonconforming Conditions. A Two-Unit Project may only be approved if all nonconforming zoning conditions are corrected.

E.

Utilities.

1.

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

2.

All utilities must be underground.

F.

Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this Chapter is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

G.

Fire Prevention Requirements.

1.

All Two-Unit Projects must comply with the following requirements:

a.

All newly constructed structures on the site must comply with current fire code requirements, including the installation of interior fire sprinklers.

b.

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe. Structures exceeding a 150-foot hose-pull distance shall comply with Fire Marshal requirements, including, but not limited to, a minimum 20-foot wide paved access to provide emergency Fire Department access.

2.

Two-Unit Project applications shall require Fire Prevention Bureau review of proposed plans for compliance with the above standards. The applicant must pay the City's costs for plan review.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

Any standard that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 SF in floor area must be set aside. Objective standards will be set aside in the following order until the site can contain two 800 SF units:

1.

Lot Coverage.

2.

Floor Area Ratio.

3.

Open Space.

Tree Preservation.

Articulation.

Second Floor Setback.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

11.21.090 - Separate Conveyance.

A.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

B.

Condominium airspace divisions and common interest developments are not permitted within the lot.

C.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

D.

No timeshare, as defined by state law or this code, is permitted.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

11.21.100 - Regulation of Uses.

A.

Residential-only. Non-residential uses are not permitted on the lot.

B.

No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

C.

Owner Occupancy. Unless the lot was formed by an Urban Lot Split, the individual property owners of a lot with a Two-Unit Project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile and an owner occupancy covenant shall be recorded prior to issuance of building permits.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

A.

At least 30 business days before starting any construction of a Two-Unit Project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1.

Notice that construction has been authorized;

2.

The anticipated start and end dates for construction;

3.

The hours of construction;

4.

Contact information for the project manager (for construction related complaints); and

5.

Contact information for the Building & Safety Department.

B.

This notice requirement does not confer a right on the noticed persons or on anyone else, to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Chapter. This notice requirement is purely to promote neighborhood awareness and expectations.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

A.

The owner must record a deed restriction, on a form approved by the City, that does each of the following:

1.

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

2.

Expressly prohibits any non-residential use of the lot.

3.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4.

If the lot does not undergo an urban lot split: The individual property owners must live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

11.21.130 - Specific Adverse Impacts.

A.

Notwithstanding anything else in this Chapter, the City may deny an application for a Two-Unit Project, if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B.

"Specific adverse impact" has the same meaning as in Gov. Code §65589.5(d)(2): "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 the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

C.

The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impacts.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

If a Two-Unit Project violates any part of this code or any other legal requirement:

A.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

B.

The City may:

1.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

2.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

3.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

4.

Record a Notice of Violation.

5.

Withhold any or all future permits and approvals.

6.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

(Ord. No. 24-1007, § IV(Exh. A), 3-18-24)

Chapter 11.22 - ZONES: R-3—RESIDENTIAL MEDIUM-HIGH DENSITY[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 13-935, § 1, adopted July 7, 2014, repealed the former Chapter 11.22, §§ 11.22.010—11.22.070, and enacted a new Chapter 11.22 as set out herein. The former Chapter 11.22 pertained to similar subject matter and derived from prior code §§ 9-4.901, 9-4.903—9-4.905; Ord. No. 99791 and Ord. No. 08-905, adopted January 5, 2009.

A.

The City Council finds that multifamily developments are different in so many respects from other types and forms of development as to require a specialized set of regulations.

B.

The intent of this Chapter is to set forth standards, procedures and guidelines that will promote desirable living environments; allow for a diverse range of housing types to appeal to the widest range of residents possible; require high quality architecture, thoughtful site planning, and sufficient amenities; and ensure the preservation of privacy, convenience, health, safety and well-being of residents.

(Ord. No. 13-935, § 1, 7-7-14)

Except as specifically provided elsewhere in this title, any and every building, premises and/or land in the R-3 Zone shall be used for, or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained and moved into or within such R-3 Zone, exclusively and only in accordance with the provisions set forth in this chapter, and subject to the approval of a Precise Plan of Design submitted and reviewed in accordance with the provisions of Chapter 11.80 of this title.

A.

The following shall be permitted as primary uses:

1.

Apartments, condominiums, townhomes, and planned residential developments, subject to the provisions set forth in this chapter;

2.

Mobile home parks; subject to the provisions set forth in Chapter 11.62 of this title;

3.

Residential care facilities for six or fewer persons;

4.

Senior citizen housing.

B.

The following shall be permitted as accessory uses:

Those uses permitted in Sections 11.18.030(D), (F), and (H) of this Title;

2.

Signs, subject to the provisions of Chapter 11.72 of this title;

3.

Parking lots;

4.

Home occupations, subject to the provisions of Chapter 11.58 of this title.

5.

Accessory dwelling units subject to Chapter 11.23 of this title; refer to Table 2.

(Ord. No. 13-935, § 1, 7-7-14; Ord. No. 21-996, § III, 10-4-21)

The following uses may be permitted subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 11.78 of this title:

A.

Those uses permitted in Section 11.18.030(A), (E), and (K) and Section 11.20.020(B) of this title;

B.

Convalescent centers, skilled nursing facilities and assisted living facilities.

(Ord. No. 13-935, § 1, 7-7-14)

The following property development standards shall apply to all land and buildings in the R-3 Zone; provided, however, where a lot has a width, depth, or area less than that required by the provisions of this title and was held under separate ownership or was of official City record prior to June 30, 1984, such lot may be occupied by any use permitted in the R-3 Zone.

A.

Lot Area. The net lot area shall be a minimum of one acre (43,560 square feet).

B.

Lot Dimensions.

Width. The width of the lot shall be a minimum of 175 feet at the front lot line. However, if lots are located at the end of a cul-de-sac or another location that results in a wedge-shaped lot, the minimum width at the front building line shall be not less than 125 feet, provided the average width of the lot is not less than 175 feet.

2.

Depth. The depth of the lot shall be a minimum of 200 feet.

C.

Maximum Dwelling Unit Density. The maximum dwelling unit densities stated in this subsection are not automatically by-right; projects shall also be required to meet all applicable development standards contained in this title.

1.

The maximum dwelling unit density for courtyard, garden, rowhouse or stacked dwelling multifamily developments on parcels with a net area of less than five acres shall be 20 units per acre.

2.

The maximum dwelling unit density for courtyard, garden, rowhouse, or stacked dwelling multifamily developments on parcels with a net area between 5.00 and 9.99 acres shall be 25 units per acre.

3.

The maximum dwelling unit density for courtyard, garden, rowhouse or stacked dwelling multifamily developments on parcels with a net area of 10 acres or greater shall be 30 units per acre.

D.

Building Height. The maximum building height shall be 50 feet with a maximum of four floors, except that any portion of a building within 200 feet of the boundary of any R-1 Zone shall be limited to 38 feet and a maximum of three floors, and any portion of a building within 75 feet of the boundary of any R-1 Zone shall be limited to 28 feet and a maximum of two floors. "Building height" as defined herein means the vertical distance from the average contact ground level of the building to the highest point of the parapet wall of a flat roof or the mean height level between the eaves and ridges for a gable or hip roof.

E.

Building design.

1.

Structures having dwelling units attached side-by-side shall have an offset or articulation in the front building line of at least four feet for every two dwelling units within such structure. Similar architectural enhancement alternatives may be approved subject to a Precise Plan of Design approved by the Planning Commission.

Structures having dwelling units attached side-by-side or stacked above one another shall provide at least one-third of the total number of units within such development as a flat or one-story unit.

F.

Lot Coverage. Buildings and structures shall not cover more of a lot than would be permitted when satisfying all yard, open space, parking and access requirements.

G.

Minimum Floor Area of Dwelling Units. Multifamily dwelling units shall contain the following minimum floor areas:

1.

For studio or one-bedroom units, 800 square feet.

2.

For two-bedroom units, 950 square feet.

3.

For three-bedroom units, 1,200 square feet.

4.

For four-bedroom units, 1,400 square feet.

Said floor areas shall be exclusive of patios, balconies, carports and garages.

H.

Minimum Room Sizes. The minimum size of rooms shall comply with the currently adopted California Building Code, except that all bedrooms shall have a minimum area of 110 square feet and a minimum dimension of nine feet.

I.

Yards and Setbacks. Developments in the R-3 Zone shall have and maintain the following minimum yards and setbacks (see Sections 11.38.050 and 11.38.060 of this title for additional requirements). Building setbacks shall be measured from the front property line.

1.

Front Yards.

a.

For buildings with three stories or less, a 25-foot minimum front-yard setback shall be required.

b.

For buildings with four stories, a 35-foot minimum front-yard setback shall be required.

c.

Notwithstanding the required front-yard setbacks indicated herein, covered or uncovered porches and balconies that are open on three sides may encroach up to seven feet into the required front-yard setback.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building, its relationship to the adjacent street(s) and/or to ensure compatibility with contiguous land uses.

e.

No portion of the required front-yard setback area shall be used for parking. Driveways of the minimum width necessary for vehicular access shall be permitted to traverse the front-yard setback area.

2.

Street Side Yards.

a.

For buildings with three stories or less, a 25-foot minimum street side-yard setback shall be required.

b.

For buildings with four stories, a 35-foot minimum street side-yard setback shall be required.

c.

Notwithstanding the required street side-yard setbacks indicated herein, covered or uncovered porches and balconies that are open on three sides may encroach up to seven feet into the required street side-yard setback.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building, its relationship to the adjacent street(s) and/or to ensure compatibility with contiguous land uses.

e.

No portion of the required street side-yard setback area shall be used for parking. Driveways of the minimum width necessary for vehicular access shall be permitted to traverse the street side-yard setback area.

Interior Side Yards.

a.

For buildings with three stories or less, a 10-foot minimum interior side-yard setback shall be required.

b.

For buildings with four stories, a 15-foot minimum interior side-yard setback shall be required.

c.

Open patios on the first floor shall be permitted to encroach a maximum of five feet into any required interior side-yard setback. Open patios above the first floor shall not be permitted to encroach into any required interior side-yard setbacks.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building and/or to ensure compatibility with contiguous land uses.

e.

Interior side-yard setback areas may be used for parking subject to approval of a Precise Plan of Design and provided that required fire lane access is maintained at all times.

4.

Rear Yards.

a.

For buildings with three stories or less, a 10-foot minimum rear-yard setback shall be required.

b.

For buildings with four stories, a 15-foot minimum rear-yard setback shall be required.

c.

Notwithstanding the required rear-yard setbacks indicated herein, covered or uncovered porches and balconies that are open on three sides may encroach up to seven feet into any required rear-yard setback.

d.

The Planning Commission may require greater setbacks pursuant to a Precise Plan of Design because of the dimensions or bulk of a building and/or to ensure compatibility with contiguous land uses.

e.

Rear-yard setback areas may be used for parking subject to approval of a Precise Plan of Design and provided that required fire lane access is maintained at all times.

5.

See Chapter 11.23 for setbacks applicable to accessory dwelling units; refer to Table 2.

J.

Open Space. Each development shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:

1.

Common open/recreational space shall comprise not less than 35 percent of the net acreage. Public or private driveways, parking spaces or other areas designed for operational functions are not considered open space. Common open/recreational space improvements shall be provided as follows:

a.

Developments of 20 units or less shall provide at least two of the following amenities:

i.

Permanent barbecue facilities with at least two grills and two table/bench arrangements;

ii.

Playground and/or tot lot with permanently-installed play equipment;

iii.

Swimming pool or spa.

b.

Developments of 21 to 40 units shall provide at least two of the amenities listed in subsection (J)(1)(a) of this section plus at least one of the following amenities:

i.

Sports court (tennis, volleyball, basketball, etc.);

ii.

Community building with at least one full kitchen and a minimum of two rooms for meetings, games, activities, etc.

c.

Developments of 41 to 100 units shall provide at least one of each of the five amenities in subsections (J)(1) (a) and (b) of this section.

d.

Developments of greater than 100 units shall provide at least one of each of the five amenities in subsections (J)(1)(a) and (b) of this Section plus at least two of the following:

i.

A passive, open turf area (natural or synthetic), measuring at least 100 feet by 100 feet, for unstructured recreational activities;

ii.

A fitness parcourse of at least one-quarter mile in length and a minimum of six activity stations;

iii.

Other amenity(ies) to the satisfaction of the Director of Community Development.

e.

For projects of greater than 100 units, the Director of Community Development may require the developer to increase the size, number and/or capacity of one or more required amenities to adequately serve the number of residents in the development.

2.

Private porches, patios and balconies attached to individual dwelling units may be included in the required outdoor open space calculation provided the minimum dimension is at least 10 feet and the minimum area is 150 square feet.

3.

Swimming pools, spas, ponds, lakes, streams and other water features provided for the common use or enjoyment of all residents may be constructed as part of the required outdoor open space; however, such facilities shall not comprise more than 50 percent of the required outdoor open space.

4.

The outdoor open spaces created pursuant to the provisions of this Title shall remain open and available for such use for the life of the development.

K.

Private Open Space. Each dwelling unit shall have a minimum private open space of 100 square feet with a minimum dimension of seven feet. Such private open space shall be in the form of porches, patios and/or balconies.

L.

Landscaping. The design, installation and maintenance of all landscape and hardscape areas shall be subject to approval of a Precise Plan of Design and shall fully comply with Chapter 11.60 of this title.

M.

Walls and Fences. The general development standards for walls and fences as provided in Sections 11.38.050(M), (N), and (O) of this title shall apply; provided, however, that the Planning Commission may require additional walls and fences if necessary to protect adjacent properties.

N.

Vehicular Circulation.

1.

Streets. Primary and secondary streets shall be designed to meet the following standards:

a.

Traffic lanes no less than 10 feet in width and no more than 12 feet in width.

b.

Where on-street parallel parking is provided, the parking lane shall be eight feet in width. Where 90-degree or angled parking is provided as part of the street design, parking stall dimensions shall be nine feet in width by 20 feet in length. A maximum two-foot overhang may be allowed into landscape areas or walkways with a dimension of six feet or greater.

2.

Driveways Serving Only Garages. If a private driveway serves only garages, and the driveway is posted as a fire lane and/or to prohibit all other parking, the driveway may be constructed with a minimum width of 20 feet; provided, however, that if the driveway is double-loaded with garages on both sides, a minimum distance of 26 feet shall be provided as measured from building wall to building wall.

3.

Access and On-Site Circulation.

a.

Vehicular access to all developments shall be from a public street.

b.

The design of all on-site vehicular circulation, including roadway widths, turning radii and turnarounds shall be subject to approval by the Fire Department.

c.

There shall be a minimum vertical clearance of 14 feet along all driveways and vehicular paths that provide access for emergency response vehicles.

O.

Pedestrian Circulation. A pedestrian circulation system shall be incorporated into the residential development for the purpose of providing direct access to all dwelling units, trash enclosures, parking areas, recreation areas and outdoor open space. The circulation system shall include the following:

1.

A public sidewalk shall be constructed adjacent to all public streets bordering the project site with a minimum width of five feet in accordance with City standards.

2.

An on-site walkway system of pedestrian walks and paths that fully complies with all disabled-accessibility standards with respect to surface material, width, grades, ramps, curbs, railings and signage.

P.

Parking Requirements.

1.

Resident Parking. Each dwelling unit shall be provided with resident parking as indicated below. A minimum of one required parking space for each unit shall be within a carport or enclosed garage. Every effort shall be made to locate the required parking space(s) for each unit within 200 feet of the unit to which they are assigned.

a.

Studio—One parking space.

b.

One to two bedrooms—Two parking spaces.

c.

Three or more bedrooms—Three parking spaces.

2.

Guest Parking. On-site parking for guests shall be provided at a ratio of one parking space for every three units or fraction thereof, regardless of unit size. Guest parking shall be reasonably distributed throughout the development site.

3.

Parking Space Dimensions.

a.

Enclosed Garages. The minimum, clear inside dimensions of each parking space within an enclosed garage shall be 10 feet in width and 20 feet in length. Said clear inside dimensions shall not be encroached upon by water heaters, HVAC equipment, areas designated for a clothes washer and dryer, or stairs leading to habitable living space.

b.

Carports. The minimum, clear dimensions of each parking space within a carport shall be nine feet in width by 20 feet in length; provided, however, that a two-foot overhang may be allowed into landscape areas or walkways with a dimension of six feet or greater. Where a structural support post occurs for a carport, an additional two feet in width shall be added to each parking space on either side of the structural member.

c.

Uncovered Parking. The minimum dimensions of each uncovered parking space shall be nine feet by 20 feet in length; provided, however, that a two-foot overhang may be allowed into landscape areas or walkways with a dimension of six feet or greater.

4.

Automatic garage door openers shall be shall be required for each enclosed garage.

5.

Parking Lot Striping. Striping for uncovered parking spaces or those within carports shall be double-stripe or "hairpin" style, with the nine-foot dimension being measured to the center of the "hairpin."

6.

Tandem Parking. Tandem parking shall only be permitted within enclosed garages and only when both spaces serve the same unit.

7.

On-street parking on public streets shall not be used to satisfy any of the parking requirements contained herein.

Q.

Signs. The general development standards for signs as set forth in Chapter 11.72 of this title shall apply, in addition to the following:

1.

Permitted Signs.

a.

Wall Signs. One illuminated or nonilluminated wall sign with the name of the development shall be permitted on each street frontage. Individual or script copy in durable materials is strongly encouraged. Externally illuminated signs shall be via wall-mounted fixtures that are complementary to the architecture of the development and do not create any nuisance light spill or glare to any of the residential units or the public right-of-way. Internally illuminated signs shall be limited to halo illumination only.

b.

Address Signs. One illuminated or nonilluminated wall sign with the numerical address or numerical address and street name of the development shall be permitted on each building on each street frontage. Where a building also fronts on an internal private driveway or parking lot, additional numerical address(es) may be permitted to be displayed for safety and security purposes. Individual or script copy in durable materials is strongly encouraged. Externally illuminated signs shall be via wall-mounted fixtures that are complementary to the architecture of the development and do not create any nuisance light spill or glare to any of the residential units or the public right-of-way. Internally illuminated signs shall be limited to halo illumination only. Address and address/street name signs shall be a minimum of eight inches in height and a maximum of 10 inches in height. Where more than one address sign is attached to multiple frontages of a single building as described above, the design, size and color of each sign shall be identical.

c.

Freestanding Monument Signs. One illuminated or nonilluminated freestanding monument sign shall be allowed for developments with a minimum of 150 feet of continuous frontage on the same street.

i.

Height. Monument signs shall be limited to a maximum height of five feet as measured from the grade of the adjacent public sidewalk.

ii.

Sign Area. The sign face of monument signs shall be limited to a maximum of 40 square feet in size, not including the optional, detachable sign rider described in subsection (c)(2) below.

1.

Design and Illumination. Monument signs shall be of a high-quality architectural design and be constructed of durable materials. If illumination is desired, it shall be via at-grade, flush-mounted fixtures to minimize nuisance glare to the adjacent public right-of-way. As an alternative, above-grade fixtures may be used if it can be demonstrated that the light source will not be directly visible to the public right-of-way or neighboring properties.

2.

Sign Copy. The purpose of monument signs is to identify the development by its name and address. No additional sign copy, such as phone numbers, website addresses or other forms of advertising, shall be permitted. A detachable rider to the sign containing sign copy, such as "Now Leasing," "Now Renting,"

"Vacancy," "No Vacancy," or the like, shall be permitted so long as its design is complementary to the main sign. Such sign riders shall be no greater than eight square feet in size.

3.

Location. Monument signs shall be located within a fully landscaped area and set back a minimum of five feet from the back edge of the adjacent public sidewalk. In order to eliminate sight-distance obstructions, monument signs shall be located no less than 30 feet away from any vehicular driveway on the same side of the street, whether the driveway serves the subject development or an adjacent property.

d.

Unit Signs. One illuminated or nonilluminated sign identifying the unit number, letter or designation, not to exceed one square foot in size, shall be required and maintained for each dwelling unit.

e.

Directional Signs. One or more pedestrian and/or vehicular-oriented directional signs no larger than six square feet in size and four feet in height may be permitted within residential developments of two acres or greater, subject to administrative review and approval by the Director of Community Development.

2.

Prohibited Signs. All signs not expressly permitted herein shall be prohibited, including those signs identified in Section 11.72.120 of this title.

R.

Operational Standards. In order to provide adequate management, maintenance and oversight for multifamily developments, the following operational standards shall be required for projects constructed after July 1, 2014:

1.

For developments of 30 units or less, an on-site manager having the authority to perform or contract for emergency and nonemergency maintenance and repairs shall reside full-time in one of the dwelling units on the subject property.

2.

For developments of greater than 30 units, the following requirements shall apply:

a.

A permanent rental/leasing/property management office shall be established and maintained on-site and staffed daily during regular business hours.

b.

The property owner shall be required to contract with a professional property management company that is on-call 24 hours a day and shall be responsible for all landscape, common area and building maintenance.

(Ord. No. 13-935, § 1, 7-7-14; Ord. No. 21-996, § III, 10-4-21)

A.

Trash Collection Areas. Each trash collection area shall be located within 200 feet of the farthest unit it is intended to serve. Such collection areas shall be designed and situated so as to minimize noise and visual intrusion on the subject property, adjacent properties, as well as to not create a fire hazard to nearby structures. Said trash collection areas shall be provided with a minimum illumination level of 500 lumens and designed to City standards to comply with stormwater runoff regulations.

B.

Mail Collection Areas. Mail delivery service shall be provided within centrally located areas with easy accessibility from an internal driveway or parking area. Mail collection areas shall be located within a fully enclosed building, covered breezeway, or other similar area that is adequately protected from inclement weather, and shall be provided with a minimum illumination level of 500 lumens.

C.

Utility Service and Television Service. All utility services to multifamily residential developments, including, but not limited to electrical, telephone, cable and satellite television, and broadband service shall be installed underground and within building walls. Should exterior antennas and/or satellite dishes be allowed, the project shall be designed to provide areas on each building for such equipment that are not visible to public rights-of-way or neighboring properties.

D.

Laundry areas. Laundry areas with plumbing connections meeting minimum building code standards shall be provided for within each residential unit or within a direct-access, enclosed garage. If located within a garage, the necessary space for a washer and dryer shall not encroach into the required clear garage parking space dimensions specified in this chapter.

E.

Lighting. Multifamily residential developments shall comply with the following standards and requirements regarding illumination:

1.

Site Lighting. A professionally-prepared photometric analysis demonstrating that all parking areas, driveways, private streets, walkways, and other outdoor public spaces shall be illuminated to an adequate level for security and safety during all hours of darkness shall be required to be submitted for review and approval by the Community Development Department.

2.

Garages. Fully enclosed garages shall be wired to include a fixture or fixtures that has/have the capacity to support light sources providing a minimum of illumination level of 1,500 lumens. Said illumination shall be in addition to any lighting that may be provided by the required automatic garage door opener.

F.

Vehicular Storage. Outdoor areas for the storage of vehicles, trailers, watercraft, recreational vehicles and the like shall be prohibited unless specially designated areas for the exclusive storage of such vehicles are approved by the City as part of the final development plan and provided for in the homeowners association's Covenants, Conditions and Restrictions (CC&Rs). If such areas are provided, they shall be enclosed and screened from view from neighboring properties and public rights-of-way by a decorative masonry wall, minimum seven feet six inches in height, compatible and integrated with the architectural design of the development. Such storage areas shall be landscaped and illuminated to minimum levels during all hours of darkness. A vehicle wash area and/or RV wastewater disposal station may be provided within an approved vehicular storage area, subject to review and approval by the Director of Community Development and Director of Public Works.

(Ord. No. 13-935, § 1, 7-7-14)

The following development standards shall be applicable to multifamily developments in addition to those required elsewhere in this chapter:

A.

Grading: Notification of Completion and Written Certification Required. The permittee or his/her agent shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, stormwater retention facilities and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted, including written certification that the work completed is in accordance with the final approved grading plan.

B.

Landscaping: Notification of Completion and Written Certification Required. The permittee or his/her agent shall notify the Director of Community Development when the final landscaping installation is ready for inspection. Final approval shall not be given until all work, including installation of plant material and an automatic irrigation system, has been completed in accordance with the approved landscape plan, and the permittee has submitted written certification by a licensed professional that the work has been completed in accordance with the final approved landscape plan and all requirements of Chapter 11.60 of this title.

C.

Energy Conservation. The project shall be designed to meet or exceed all state and local energy conservation standards in effect at the time of construction.

D.

Fire Detection System. Smoke and carbon monoxide detectors shall be installed in all habitable spaces as required by state and local ordinances at the time of construction.

E.

Fire Suppression System. An automatic fire sprinkler system shall be installed in all dwelling units, and in all covered or enclosed nonhabitable spaces, such as garages, carports and trash enclosures as required by local ordinance at the time of construction.

F.

Sound Attenuation. Multifamily residential developments shall be designed to comply with state noise attenuation standards and local building requirements in effect at the time of construction.

G.

Solar Energy Systems. The goals and objectives of the General Plan encourage and promote an enhanced residential park-like environment through the implementation of aesthetically pleasing development and design standards of this title. However, it is recognized that there is a need to encourage and promote awareness in the community of alternative means of conserving energy resources. It is further recognized that the use of solar energy can be a cost-effective means of water heating and space heating and cooling, but that the use of such systems may be inconsistent with the goals and objectives of the community and the aesthetic character of the City's residential neighborhoods.

ourage and promote awareness in the community of alternative means of conserving energy resources. It is further recognized that the use of solar energy can be a cost-effective means of water heating and space heating and cooling, but that the use of such systems may be inconsistent with the goals and objectives of the community and the aesthetic character of the City's residential neighborhoods.

The Planning Commission, in granting approval of a solar energy system, may impose conditions that are necessary and desirable to carry out the purposes of this Chapter and that are consistent with the policies, principles, regulation, criteria and standards applied to other properties, uses and developments in similar circumstances. Further, in considering a solar energy system, the Planning Commission shall impose conditions in order to provide a balance between the goals and objectives of the community and the General Plan, and the recognize desire to allow solar energy systems as an alternative energy source.

(Ord. No. 13-935, § 1, 7-7-14)

A.

A development shall be approved subject to submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of all building exteriors, open spaces, recreational areas, and other communal facilities. No such instrument shall be acceptable until approved by the Director of Community Development as to suitability for the proposed use and the City Attorney as to legal form and effect.

B.

If the development's common areas are to be conveyed to a homeowners association, the developer shall file a declaration of Covenants, Conditions and Restrictions (CC&Rs) to be submitted with the application

for approval that will govern the association. The provisions shall include, but not be limited to, the following:

1.

The homeowners association shall be established no later than prior to the sale of the final dwelling unit.

2.

Membership shall be mandatory for each buyer and all successive buyers.

3.

The open space restrictions shall be permanent.

4.

Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs.

5.

If the development is constructed in increments or phases that require one or more final maps, reciprocal CC&Rs and reciprocal management and maintenance agreements shall be established causing a merging of the phases as they are completed to embody a single homeowners association with common areas for the total development.

(Ord. No. 13-935, § 1, 7-7-14)

In order to ensure proper maintenance of all streets, parking areas, landscaping and other improvements within the common areas of a multifamily residential development, the following provisions shall be contained in the Covenants, Conditions and Restrictions (CC&Rs). No such CC&Rs shall be acceptable until approved by the Director of Community Development as to the adequacy and suitability for the proposed use and maintenance of all common areas, and by the City Attorney as to legal form and effect. These provisions shall include, but not be limited to, the following:

A.

The final CC&Rs, upon approval by the City, shall be recorded with the final map.

B.

The City shall be made a party to the CC&Rs and further provide that the City shall approve any changes or amendments to the CC&Rs.

C.

The City shall be granted the power to enforce all provisions of the CC&Rs, including, but not limited to, the maintenance of all streets, parking areas, landscaping and other improvements within the common areas of

the development.

D.

The City shall be granted the express power to enforce all laws and ordinances of the State of California and/or the City of Montclair on the private streets, alleys and parking areas within the project. Nothing within the CC&Rs shall be construed as imposing an obligation or requiring the City to enforce any provision of the CC&Rs.

E.

The City shall be entitled to prior written notice of any proposed amendment to the CC&Rs. Such notice shall be given by mailing a copy of the precise language of the proposed amendment to the City, in care of the City Clerk, together with a letter of transmittal explaining the proposed change in general terms. The City shall have an opportunity to review and comment upon the proposed amendment for a period of not less than 45 days prior to the effective date of any such proposed amendment.

F.

Right of Entry. The City, through its duly authorized agents or employees, shall have the right to enter upon the common areas for the following purposes:

1.

Inspection, maintenance and repair of the landscaping and private street components of the common areas where such maintenance and repair is required;

2.

Enforcement of local traffic and/or parking regulations. All privately-owned and maintained streets, alleys, driveways and parking areas shall be open for the use of the public for purposes of vehicle traffic and are so connected with highways and streets that provisions of the Vehicle Code of the State of California may be applied to them in their entirety. Whenever by this provision, or any other law of the City, parking is restricted or prohibited and signs are erected giving notice thereof, duly authorized representatives of the City of Montclair may cause the vehicles in violation thereof to be towed away and stored at the expense of the owner, operator or person to whom the vehicle is entitled to be released, and the vehicle shall not be released except upon payment of the towing and storage costs. In tow-away zones, the Public Works Department shall cause to be posted appropriate signs giving notice thereof.

G.

Reimbursement of City Expenditures by the Association. All costs and expenses incurred by the City arising out of its maintenance and repair of the common areas, as provided in subsection (F)(1) and (F)(2) of this section, shall be charged as an expense of the homeowners association and shall be paid within 30 days of receipt of an invoice for same.

H.

Assessments and Lien Rights of the City. If City maintenance costs are not paid within 30 days from the date due, said unpaid costs and expenses shall become a special assessment against the property, and upon hearing and confirmation by the City Council, shall be collected in the same manner as real property taxes and shall be subject to the same penalties, procedures and sale in case of delinquency as is provided for real property taxes.

(Ord. No. 13-935, § 1, 7-7-14)

Chapter 11.23 - ACCESSORY DWELLING UNITS[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 24-1006, § III(Exh. A), adopted July 1, 2024, repealed Ch. 11.23, §§ 11.23.010— 11.23.140, and enacted a new Ch. 11.23, §§ 11.23.010—11.23.080, as set out herein. The former chapter pertained to similar subject matter and derived from Ord. No. 21-996, § IV, adopted October 4, 2021.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code section 66310 et seq., as amended.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

11.23.020 - Effect of conforming.

An ADU or JADU that conforms to the standards in this Chapter will not be:

A.

Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.

B.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

D.

Required to correct a nonconforming zoning condition, as defined in subsection 11.23.030(G) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

11.23.030 - Definitions.

As used in this Chapter, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or detached residential 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. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by section 18007 of the California Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than 500 square feet in size.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5.

It includes an efficiency kitchen, as defined in subsection 11.23.030(D) above.

F.

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

G.

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

H.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

I.

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

J.

"Public transit" means 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.

K.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

The following approvals apply to ADUs and JADUs under this section:

A.

Building permit only. If an ADU or JADU complies with each of the general requirements in Section 11.23.040 below, it is allowed with only a building permit in the following scenarios:

1.

Converted on single-family lot: One ADU as described in this subsection A.1 and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

a.

Is either: within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

b.

Has exterior access that is independent of that for the single-family dwelling; and

c.

Has side and rear setbacks that are sufficient for fire and safety, as dictated by applicable building and fire codes.

d.

The JADU complies with the requirements of Government Code sections 66333 through 66339, as amended.

2.

Limited detached on single-family lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection A.1 above), if the detached ADU satisfies each of the following limitations:

a.

The side- and rear-yard setbacks are at least four feet.

b.

The total floor area is 800 square feet or smaller.

c.

The peak height above grade does not exceed the applicable height limit in subsection B below.

3.

Converted on multifamily lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection A.3, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4.

Limited detached on multifamily lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

a.

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

b.

The peak height above grade does not exceed the applicable height limit provided in subsection B below.

B.

ADU permit.

1.

Except as allowed under subsection A above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in sections 11.23.050 and 11.23.060 below.

2.

The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.

C.

Process and timing.

1.

An ADU permit is considered and approved ministerially without discretionary review or a hearing.

2.

The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

a.

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

b.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily 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 or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3.

If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection C.2 above.

4.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

11.23.050 - General ADU and JADU requirements.

The following requirements apply to all ADUs and JADUs that are approved under subsections 11.23.030(A) and (B) above:

A.

Zoning.

1.

An ADU or JADU subject only to a building permit under subsection 11.23.040(A) above may be created on a lot in a residential or mixed-use zone.

2.

An ADU or JADU subject to an ADU permit under subsection B above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

3.

In accordance with Government Code section 66333, as amended, a JADU may only be created on a lot zoned for single-family residences.

B.

Height.

1.

Except as otherwise provided by subsections 0 and 0 below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed singlefamily or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

3.

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection B.2 may not exceed two stories.

4.

For purposes of this subsection B, height is measured above the existing legal grade to the peak of the structure.

C.

Fire sprinklers.

1.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D.

Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

E.

No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code sections 66340 and 66341, as amended, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F.

Owner occupancy.

1.

ADUs created under this Chapter on or after January 1, 2020, are not subject to an owner-occupancy requirement.

2.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection F.2 does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

G.

Deed restriction. Prior to the issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office, and a copy must be filed with the Director of Community Development or his designee. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1.

Except as otherwise provided in Government Code sections 66340 and 66341, as amended, the ADU or JADU may not be sold separately from the primary dwelling.

2.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

3.

The deed restriction runs with the land and may be enforced against future property owners.

4.

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, the removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the ADU or JADU has, in fact, been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary

component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5.

The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

H.

Building and safety.

1.

Must comply with building code. Subject to subsection H.2 below, all ADUs and JADUs must comply with all local building code requirements.

2.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection H.2 prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for non-residential use and was subsequently converted for residential use in accordance with this section.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

The following requirements apply only to ADUs that require an ADU permit under subsection B above.

A.

Maximum size.

1.

The maximum size of a detached or attached ADU subject to section 11.23.040.B is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

2.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3.

Application of other development standards in section 11.23.040.B, such lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection A.2 above, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

B.

Setbacks.

1.

An ADU that is subject to section 11.23.040.B must conform to a 25-foot front-yard setback, subject to subsection A.3 above.

2.

An ADU that is subject to section 11.23.040.B must conform to four-foot side- and rear-yard setbacks.

3.

No setback is required for an ADU that is subject to this section 11.23.040.B if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C.

Lot coverage. No ADU subject to section 11.23.040.B may cause the total lot coverage of the lot to exceed 35 percent, subject to subsection A.3 above.

D.

Minimum open space. No ADU subject to section 11.23.040.B may cause the total percentage of open space of the lot to fall below 1,000 square feet, subject to subsection A.3 above.

E.

Passageway. No passageway, as defined by section section 11.23.040 above, is required for an ADU.

F.

Parking.

1.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 11.23.030.K above.

2.

Exceptions. No parking under subsection 11.23.060.F.1 is required in the following situations:

a.

The ADU is located within one-half mile walking distance of public transit, as defined in subsection 11.23.030.J above.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection A.1 above.

d.

When on-street parking permits are required but not offered to the occupant of the ADU.

e.

When there is an established car share vehicle stop located within one block of the ADU.

f.

When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.2.a through e above.

3.

No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

G.

Architectural requirements.

1.

The materials and colors of the exterior walls, roof, windows, and doors must match the appearance and architectural design of those of the primary dwelling.

2.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

The ADU must have an independent exterior entrance apart from that of the primary dwelling.

5.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

6.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

7.

All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

H.

Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

1.

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box-size plant shall be provided for every ten linear feet of exterior wall.

2.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

3.

All landscaping must be drought-tolerant and conform with water conservation standards.

I.

Protections. An ADU that is on or within 600 feet of real property and is listed in the California Register of Historic Resources must be located so as not to be visible from any public right-of-way.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

The following requirements apply to all ADUs that are approved under subsections 11.23.040.A or 11.23.040.B above.

A.

Impact fees.

1.

No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection A, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2.

Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

B.

Utility fees.

1.

If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2.

Except as described in subsection B.1, converted ADUs on a single-family lot that are created under subsection A.1 above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3.

Except as described in subsection B.1, all ADUs that are not covered by subsection B.2 require a new, separate utility connection directly between the ADU and the utility.

a.

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

b.

The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

11.23.080 - Nonconforming Zoning Code conditions, Building Code violations, and unpermitted structures.

A.

Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B.

Unpermitted ADUs constructed before 2018.

1.

Permit to legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

a.

The ADU violates applicable building standards, or

b.

The ADU does not comply with the state ADU law (Government Code section 66310 et seq. [as amended]) or this ADU ordinance (Chapter 11.23).

2.

Exceptions:

a.

Notwithstanding subsection B.1 above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

b.

Subsection B.1 above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

(b)

Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in this Chapter 11.23 may be allowed by the City with a conditional use permit, in accordance with Chapter 11.78.

(Ord. No. 24-1006, § III(Exh. A), 7-1-24)

Chapter 11.36 - ZONES: SL—SMALL-LOT, DETACHED-HOUSING OVERLAY

Sections:

The SL Small-Lot, Detached-Housing Overlay Zone is intended to increase development options within areas designated as Low-Density Residential (3-7 DU/AC) and Medium-Density Residential (7-14 DU/AC) by the Land Use Element of the City's adopted General Plan.

(Ord. 06-871 § 6 (part): Ord. 99-791 Exh. A (part); prior code § 9-4.1730)

The SL zone shall be applied in combination with the R1 (Single-Family Residential) Zone and shall be indicated on the official zoning map by an "SL" suffix (i.e. R1/SL).

(Prior code § 9-4.1731)

Small-lot, detached-housing overlay zoning (SL) shall be subject to the following criteria:

A.

Shall consist of a minimum of 3 acres;

B.

Shall have an R-1 (Single-Family Residential) base zone;

C.

Shall meet the density, goals and objectives of the City's adopted General Plan;

D.

Exception: If a lot has an area less than that required by the provisions of this chapter and was held under separate ownership or was of official City record prior to July 15, 1987, such lot may be occupied by uses permitted in the SL Overlay Zone after a public hearing pursuant to an adopted specific plan or accompanied by a specific plan covering such area.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1732)

Uses permitted in an SL Overlay Zone shall be as prescribed under Section 11.18.030(A) through (K) of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1733)

The following development standards shall apply to all land and buildings within an SL Overlay Zone:

A.

Building Height Limits. The maximum building height shall be one and one-half stories and shall not exceed 25 feet; however, a building may be a height of two stories and not exceed 35 feet subject to Precise Plan of Design Approval, and provided the Commission, upon receipt of evidence, determines that a greater height would not be detrimental to surrounding properties. A minimum of 20 percent of the units within a subdivision shall be single story.

B.

Minimum Lot Area per Dwelling Unit. Pursuant to the provisions of Section 11.18.040(C) of this title, an "SL" suffix to the R-1 Zone designates a 4500 square foot minimum lot area per dwelling unit.

C.

Minimum Lot Size. Lots in an SL Overlay Zone shall meet the following minimum dimensions:

1.

Standard interior lots—50 feet wide measured at the building line. Minimum lot depth shall be determined by plot plan evidence of meeting all minimum required setbacks and outdoor living areas;

2.

Corner lots—55 feet wide;

3.

Cul-de-sac lots—40 feet wide measured at the building setback line and a minimum of 30 feet wide at the street, provided the average lot width is not less than 50 feet.

D.

Lot Coverage. The building footprint shall not cover more than 50 percent of the total area of any lot.

E.

Yards. The following yards shall be established and maintained (see Section 11.38.060 of this title for additional setbacks that may be required for planned rights-of-way). In order to encourage architectural design interest and diversity, front and side yard variations will be permitted as follows:

1.

Front Yards. Minimum front yard setbacks may vary depending upon structure, occupancy type, orientation, as defined in Chapter 11.02 of this title, and height, as follows:

a.

Dwelling Unit. First story, primary orientation shall have a minimum setback of 20 feet from the property line; the first story, secondary orientation, and second story shall have a minimum setback of 25 feet from property line.

b.

Garage. If the main auto access faces a public street, the minimum setback shall be 25 feet from the property line. If the main auto access opening does not face a public street, the setback may be reduced to 15 feet.

2.

Side Yards.

a.

Interior lots shall have a minimum 5-foot-wide side yard along one interior property line and a minimum 7- foot-wide side yard along the other interior property line.

b.

Corner lots shall have a minimum 5-foot-wide side yard along the interior property line and a 15-foot-wide side yard along the street side.

3.

Rear Yards. A rear yard having a depth of not less than 15 feet; provided, further, the provisions of subsection F of this section shall also apply. Additional setback and/or buffering may be required between two-story and single-story subdivisions.

F.

Outdoor Living Spaces.

1.

Each lot shall contain a minimum of 1000 square feet of permanent, open, outdoor living space to the rear of the front yard setback line. Such outdoor living area may be provided in one or more spaces; provided, however, such spaces shall average not less than 15 feet and at their narrowest dimension shall be not less than 10 feet.

2.

The gradient or slope of any required outdoor living space shall not exceed 5 percent in any direction.

3.

Patios, including patio roofs, may be erected within the required outdoor living space provided such patios are open on at least two sides. Patios enclosed with walls, windows, screens, or any other contrivance shall not be considered as open. Swimming, wading, spa or fish pools may be constructed within the required

outdoor living space. Patios and pools shall not occupy more than 60 percent of such space. Open patios shall meet yard standards of subsection E of this section, except that an administrative adjustment may be approved which permits a minimum setback of 5 feet from the rear property line of a lot. Such exception shall be limited to open patios which are to be constructed on lots created per the provisions of this chapter. Such administrative adjustments shall be in accordance with Chapter 11.76 of this Code.

4.

Vehicular driveways or parking areas, when lying to the rear of the front yard setback line, shall not be calculated as part of the required outdoor living space.

5.

Side and rear yards, as set forth in subsection E of this section, may be included in calculating the area and minimum dimensions of the required outdoor living space provided such side and rear yards are contiguous with, and an integral part of, such space.

6.

Spaces with a dimension of less than 10 feet shall not be calculated when determining the required outdoor living space.

G.

Parking. See Section 11.66.010(B)(1)(a) of this title.

H.

Zero Setback Provision. Whenever a zero side yard is permitted, CC & R's (Conditions, Covenants and Restrictions) covering maintenance and utility access, etc., shall be required.

(Ord. 06-871 § 6 (part); Ord. 99-791 Exh. A (part); prior code § 9-4.1734)

A.

Minimum Area of Dwelling Units. Dwelling units within the SL Overlay Zone shall contain no less than the following floor area minimums per dwelling unit, exclusive of open porches, patios, carports and garages:

1.

For one-bedroom and two-bedroom homes, 1250 square feet;

2.

For three-bedroom homes, 1400 square feet;

3.

For homes with four or more bedrooms, 1450 square feet.

B.

Minimum Room Sizes. A single-family dwelling shall have no habitable room, except kitchens, bathrooms and halls, which has an area of less than 120 square feet. Such space shall be exclusive of closets.

C.

Minimum Roof Pitch. Dwelling units utilizing typical gable, hip or shed roofs shall have a minimum pitch of 3 inches in 12 inches.

D.

Minimum Eave Projection. Minimum eave projections may in no case extend less than 18 inches. Additional extension may be required through Precise Plan of Design review in order to ensure proper regard for energy conservation and/or compatibility with the surrounding neighborhood.

E.

Private driveways shall be a minimum of 12 feet wide and a maximum of 18 feet wide and shall be constructed in concrete, brick, approved paver material or a combination thereof.

F.

Paved areas shall not exceed 40 percent of required front yard setback area.

G.

Landscaping and Irrigation. As a minimum, front yards shall have a 100 percent automatic irrigation system, one 15-gallon street tree, 5-gallon shrubs and turf or ground cover.

(Ord. 06-871 § 6 (part); Ord. 99-791 Exh. A (part); prior code § 9-4.1735)

Establishment of a homeowners' association for the purpose of ensuring the preservation of the general welfare, aesthetics, and property values may be required for small-lot, detached-housing subdivisions.

A.

Overall Maintenance. Each owner shall have the affirmative obligation to prevent what might be considered a fire hazard or a condition dangerous to the public health, safety and general welfare; or constitute an unsightly appearance or otherwise detract from the aesthetic and property values of neighboring properties. The following minimum performance standards for the maintenance of buildings, yards, landscaping and common-use areas shall be adhered to by each owner:

1.

Landscaping visible from streets and common use areas shall be absent of the following:

a.

Lawns in excess of 6 inches in height;

b.

Untrimmed hedges;

c.

Dying trees, shrubbery, lawns and other plant life from lack of water or other necessary maintenance;

d.

Trees and shrubbery grown uncontrolled without proper pruning;

e.

Vegetation so overgrown as to be likely to harbor rats or vermin;

f.

Dead, decayed or diseased trees, weeds and other vegetation;

g.

Inoperative irrigation systems.

2.

Yards shall be maintained so as to be absent of the following:

a.

Broken or discarded furniture, appliances and other household equipment stored in yard areas for periods exceeding one week;

b.

Packing boxes, lumber, trash, dirt and other debris stored in yards for unreasonable periods in areas visible from public property or neighboring properties;

c.

Unscreened trash cans, bins or containers stored for unreasonable periods in areas visible from public streets and common areas.

3.

No building, wall or fence may be left in an unmaintained condition so that any of the following exist:

a.

Buildings abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction;

b.

Unpainted buildings or buildings with peeling paint in such a condition as to:

i.

Cause dry rot, warping and termite infestation, or

ii.

Constitute an unsightly appearance that detracts from the aesthetic or property values of neighboring properties;

c.

Broken windows constituting hazardous conditions and/or inviting trespassers and malicious mischief;

d.

Damaged garage doors that may become inoperative or unsafe to operate;

e.

Graffiti remaining on any portion of the property for a period exceeding 10 days.

B.

Vehicle Parking and Storage. For automobiles, wagons, vans, and light trucks, parking shall be limited to garages and permitted paved areas within the front yard setbacks. Parking and/or storage of recreational vehicles and equipment including, but not limited to boats, trailers, motor homes, camper shells, as well as utility vehicles, trailers, etc., may be permitted provided they are located behind the minimum required front yard setback and are screened from public view by a method reviewed and approved by the Director of Community Development.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1736)

Division III. - Development Standards Chapter 11.37 - EMERGENCY SHELTERS AND SINGLE-ROOM OCCUPANCY LODGING FACILITIES

The purpose of this chapter is to identify locations where emergency shelters and single-room occupancy lodging facilities ("SROs") may locate in the City and to provide development standards to facilitate their development. The City Council finds that these types of supportive housing units are different in so many respects from other types and forms of development as to require a specialized set of regulations.

(Ord. No. 14-944, § 1, 9-15-14)

As used in this chapter:

Emergency shelter shall have the same meaning as that term defined in California Health and Safety Code Section 50801, which currently is defined to mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Single-room occupancy (SRO) lodging facilities means any building containing five or more guestrooms or units intended for or designed to be used, rented, and occupied for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either cooking facilities or individual sanitary facilities or both. For purposes of this definition, an SRO does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities or hospitals.

(Ord. No. 14-944, § 1, 9-15-14)

11.37.030 - Emergency shelters.

A.

Permitted locations. Emergency shelters shall be permitted "by-right" in the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan.

B.

Development standards. The development standards for emergency shelters shall be governed by those outlined in Chapter IV ("Development Regulations") for the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan, except that the following specific standards shall apply to emergency shelters:

1.

The maximum number of persons that may be served by an emergency shelter on a nightly basis shall be 20. Community sanitary facilities shall be provided in a location, design, and capacity to the satisfaction of the Building Official.

2.

Room Sizes. Living spaces intended to be occupied by persons needing shelter shall be between 150 and 300 square feet in area, exclusive of closets or storage areas.

3.

Access. Each living space or room within the emergency shelter shall be accessed exclusively from the interior of the building. No direct access to the exterior of the building shall be permitted from any private living space.

3.

Resident Intake/Waiting Areas. Emergency shelters shall provide a client intake area of at least 150 square feet in area and located entirely within the interior of the building.

Parking. Emergency shelters shall provide a minimum of one parking space per bed provided.

5.

Lighting. The exterior illumination level around the building perimeter and in the parking lot shall be maintained at a minimum of one foot-candle at grade during all hours of darkness.

6.

Open space/Recreation Area. If an emergency shelter desires to provide an area for rest, relaxation, or recreation on the exterior of the building, it shall be located outside of any front yard or street side yard setback and shall be fenced at a height of six feet and in a manner to provide a solid screen as viewed from any adjacent public right-of-way or adjacent property. The preferred access to such an area is directly from the interior of the building in order to provide a safe, secure area for residents of the emergency shelter.

7.

Proximity to other emergency shelters. No emergency shelter shall be located within 300 feet of another emergency shelter.

C.

Operational Standards.

1.

Prior to commencing operation, an emergency shelter provider shall prepare a written management and operations plan and submit it to the City for review and approval by the Community Development Director and Police Chief. The management and operations plan shall include, without limitation, hours of operation; staffing levels; provisions for staff training; resident identification process; maximum length of stay; neighborhood outreach; policies regarding pets; the timing and location of outdoor activities; temporary storage of residents' personal belongings; safety and security; loitering control; management of outdoor areas; screening of residents to ensure compatibility with services provided at the shelter; and training, counseling, and social service programs for residents, as applicable. Emergency shelters shall provide onsite management on a 24-hour per day basis at all times when a shelter is open for business.

2.

A minimum of one uniformed, licensed, and bonded security guard shall be provided on-site from dusk until dawn each day when the shelter is open for business or is occupied by at least one resident. Security guards shall comply with Section 7580 et seq. of the California Business and Professions Code.

3.

The maximum stay at an emergency shelter for an individual, couple or family shall be 180 consecutive days.

(Ord. No. 14-944, § 1, 9-15-14)

A.

Permitted Locations. Single-room occupancy ("SRO") lodging facilities shall be permitted in the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan subject to approval of a Conditional Use Permit by the Planning Commission.

B.

Development Standards. The development standards for SROs shall be governed by those outlined in Chapter IV ("Development Regulations") for the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan, except that the following specific standards shall apply to SROs:

1.

Number of Units. An SRO lodging facility shall have a minimum of five units and a maximum of 30 units.

2.

A maximum of two persons may occupy any single SRO unit.

3.

Unit sizes. The living space of each SRO unit shall be between 150 and 300 square feet in area, exclusive of closets or storage areas.

4.

Kitchens and Bathrooms. Either a kitchen or bathroom may be provided in an SRO unit, but no individual unit shall contain both.

5.

Community cooking and/or sanitary facilities shall be provided in a location, design, and capacity to the satisfaction of the Building Official.

6.

Access. Each unit within the SRO shall be accessed exclusively from the interior of the building. No direct access to the exterior of the building shall be permitted from any SRO unit.

7.

Resident Intake/Waiting Areas. Emergency shelters shall provide a client intake area of at least 150 square feet in area and located entirely within the interior of the building.

8.

Common Areas. A minimum of 50 square feet per unit of indoor common areas shall be provided for the use of SRO residents, except that any SRO lodging facility shall provide a minimum of 400 square feet of indoor common area. The required square footage shall be exclusive of storage rooms, closets, laundry areas, common kitchens, dining areas, sanitary facilities, and hallways. If outdoor common areas are

provided, the square footage of such areas shall not be counted as a credit toward the required indoor common areas.

9.

Laundry Facilities. Community laundry facilities consisting of at least one washer and one dryer shall be required for every 10 SRO units or fraction thereof. If the SRO facility is multiple stories, washers and dryers shall be provided on each floor based on the number of SRO units on that floor at the ratio stated herein.

10.

Parking. SRO facilities shall provide a minimum of one parking space per unit.

11.

Lighting. The exterior illumination level around the building perimeter and in the parking lot shall be maintained at a minimum of one foot-candle at grade during all hours of darkness.

12.

Open Space/Recreation Area. If an SRO lodging facility desires to provide an area for rest, relaxation, or recreation on the exterior of the building, it shall be located outside of any front yard or street side yard setback and shall be fenced at a height of six feet (6'-0") and in a manner to provide a solid screen as viewed from any adjacent public right-of-way or adjacent property. The preferred access to such an area is directly from the interior of the building in order to provide a safe, secure area for residents of the SRO facility.

13.

Separation. No more than one SRO development shall be permitted within a radius of one-quarter mile (1,320 feet) of another SRO development.

C.

Operational Standards.

1.

Prior to issuance of a certificate of occupancy, the SRO operator shall submit a management plan to the City for review and approval by the Community Development Director and Police Chief. The management plan shall address operations, safety and security, and building maintenance.

2.

SRO lodging facilities shall provide on-site management on a 24-hour per day basis at all times when the facility is open for business. The management shall be solely responsible for the enforcement of all rules reviewed and approved by the City as part of the Conditional Use Permit.

A minimum of one uniformed, licensed, and bonded security guard shall be provided on-site from dusk until dawn each day when the shelter is open for business. Security guards shall comply with Section 7580 et seq. of the California Business and Professions Code.

4.

Affordability Requirements. The owner/operator of an SRO lodging facility shall execute a deed restriction to the satisfaction of the City Attorney ensuring the facility complies with Section 65580 et seq. of the California Government Code regarding affordability.

(Ord. No. 14-944, § 1, 9-15-14)

Chapter 11.38 - DEVELOPMENT STANDARDS GENERALLY

Sections:

The general provisions set forth in this chapter shall apply to the provisions of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1801)

All buildings erected, reconstructed, altered, enlarged, moved or maintained, and any existing building and the land upon which it exists, shall be used only for the purposes permitted in the zone in which such building or land is located, and then only after applying for and securing all the permits and licenses required by law. Any building or structure moved from one lot or premises to another shall be of the general character of the existing buildings in the neighborhood or better.

If any use is for any reason omitted from the lists enumerated in this title, or if an ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, it shall be the duty of the Planning Commission to ascertain all pertinent facts concerning such omitted or ambiguous use, to classify such omitted or ambiguous use, and set forth its findings and reasons for designating such specific classification for such use. Such findings and resolutions shall be referred to the City Council, and, if approved by the City Council, thereafter such designated classifications shall govern.

No land in any R Zone shall be used for access to a use not permitted in that R Zone.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1802)

All buildings erected and any existing buildings which may be reconstructed, altered, moved, maintained or enlarged shall comply with the height regulations of the zone in which they may be located. The Planning Commission may authorize, with or without a public hearing, roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, church spires, flagpoles, chimneys, smokestacks, wireless masts, or

similar structures to be erected above the height limits prescribed by the provisions of this title, provided the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances; but no roof structures or any space above the height limit shall be allowed for the purpose of providing additional floor space. If a public hearing is to be held, the procedure shall follow that for a conditional use permit as set forth in Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1803)

A.

All buildings erected and any existing buildings which may be reconstructed, altered, moved, maintained or enlarged shall comply with the area regulations of the zone in which they may be located.

B.

The lot area shall be that prescribed by this title and shall not be reduced, diminished or maintained so that the yards or open spaces shall be smaller than that prescribed by this title, and the density of population shall not be increased in any manner except in conformity with the area regulations of the zone in which the property is located. The open spaces provided around any building shall not be considered as providing the yard or open spaces for any other buildings, and the required yard or open spaces on an adjoining lot shall not be considered as providing a yard or open space on a lot whereon a building is to be erected.

C.

Every building erected shall be located on a lot as defined in Chapter 11.02 of this title.

D.

Every individual parcel of land at the time it was first zoned shall be deemed to be one lot, and not more than one main building shall be permitted on such parcel of land unless all regulations established by this title are complied with or a subdivision tract map or record of survey map is recorded with the County Recorder and is filed with and approved by the Planning Commission.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1804)

A.

Churches, schools, institutions, or other similar uses when permitted in an R Zone shall be removed at least 20 feet from every boundary line of the property, and no front yard, as required in such zone, or side yard, as required in this paragraph, shall be used for play or parking purposes.

B.

When dwellings or apartments are erected and used above stores, the front and side yard requirements shall be those for the stores.

C.

If a through lot is improved as one building site, no main building or accessory building shall be located closer to either street than the distance constituting the required front yard on such street.

D.

In computing the depth of a rear yard where such rear yard opens onto an alley, one-half of such alley shall be included in computing the required rear yard.

E.

Detached accessory building(s) shall not occupy more than 35 percent of a rear yard and shall meet the setback criteria set forth in Chapter 11.19 of this title.

F.

Reserved.

G.

Reserved.

H.

Garages or carports with automobile entrances from an alley shall be located not less than 25 feet from the opposite boundary of the alley. Garages or carports with vehicular access across a front or side yard abutting a street shall be located not less than 20 feet from the front or side lot abutting such street.

I.

Cornices, eaves, belt courses, sills or other architectural features may extend or project into a required front or rear yard not more than 30 inches, and may extend into a required side yard not more than 4 inches for each 1 foot of the width of such required side yard. Ground-mounted mechanical equipment and accessory structures shall not encroach within the required minimum side yard setbacks.

J.

Fire escapes may extend or project into any yard not more than 4 feet.

K.

Open, unclosed stairways, or balconies not covered by a roof or canopy, may extend or project into a required yard not more than 30 inches and may extend or project into a required rear yard not more than 4 feet.

L.

Uncovered porches, platforms, or landing places which do not extend above the level of the first floor of the building may extend into any front yard a distance of not more than 20 percent of such front yard, and in no case more than 5 feet, and may extend into any side or rear yard not more than 3 feet; provided,

however, an open work railing not more than 30 inches in height may be installed or constructed on any such porch, platform, or landing place.

M.

The provisions of this subsection are intended to provide for the regulation of the height and location of fences, hedges and walls for the purpose of providing for light, air, and privacy and safeguarding the public welfare by preventing visual obstructions at street and highway intersections.

The following regulations pertaining to corner cutoff areas shall apply to all intersections of streets, alleys, and private driveways in order to provide adequate visibility for vehicular traffic, and there shall be no visual obstructions within the cutoff areas established:

1.

There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of 30 feet from the intersection of such lines at the corner of a street or highway.

2.

There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway where it intersects the street or alley right-of-way.

3.

There shall be a corner cutoff area on each side of any alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the alley where it intersects the street or alley right-of-way.

4.

If, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line which is not less than 30 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line which is not less than 30 feet from such intersection of the side and front (or rear) property lines.

N.

Fences, hedges and walls not greater than six feet in height shall be permitted on or within all rear and side property lines on interior lots and on or to the rear of all front yard setback lines.

No fence, wall or hedge over 48 inches in height, as measured from the natural grade of the adjoining public right-of-way, shall be permitted in any required front yard or in the required street side yard of a reversed or standard corner lot; provided, however, fences or walls may be permitted to exceed the 48-inch maximum in the following instances:

a.

Masonry pilasters or columns, when used in conjunction with an "open" fencing material such as wrought iron or tubular steel, shall be allowed to be a maximum of 54 inches in height as measured from adjacent natural grade. Pilasters or columns shall be a maximum dimension of 16″ x 16″ and shall be spaced a minimum of 8'-0″ on center. "Open" fencing shall be defined as construction that admits a minimum of 75 percent light and air; or

b.

Should a property owner desire to erect a garden wall or fence in a front or street side yard setback atop a retaining wall constructed to mitigate a grade change between the private yard and the adjoining public right-of-way, the maximum height of the structure shall conform to the requirements set forth in subsection (N)(1)(a) of this section, as measured from the artificially created higher adjacent grade within the front or street side yard.

2.

The Director of Community Development may approve an administrative adjustment for the following deviations from this section:

a.

To the required side yard on the street side of a reverse or standard corner lot pursuant to the provisions of Chapter 11.76 of this title; or

b.

Fences and walls constructed on property occupied by public facilities.

3.

Other than repairs to existing, legally installed chain-link fencing, new installations of chain-link fencing shall be prohibited within front or street side yard setbacks. "Repair" shall be defined in this subsection to constitute no more than 50 percent of the legally installed fence improvements.

4.

Fences and walls shall be expressly prohibited within corner cutoff areas as defined in Section 11.38.050(M) of this title. Landscaping within corner cutoff areas shall be maintained at a height no greater than 30 inches in height as measured from natural grade in order to maintain a safe sight distance for motorists and pedestrians.

Fences or structures over six feet in height, to enclose tennis courts or other game areas located within the rear one-half of the lot, shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a reputable light meter. Such fences shall be permitted in the required side or rear yards, subject to review and approval of an administrative adjustment by the Director of Community Development in accordance with the provisions of Chapter 11.76 of this title.

6.

The provisions of this subsection shall not be so interpreted as to prohibit the erection of a fence enclosing an elementary, junior high, middle or high school site, nor to prohibit the erection of an enclosure around utility building and/or structure as required by any law or regulation of the State or other governmental agency, subject, however, to the approval by the Planning Commission of the type of enclosure to be erected in any R, A-P or C Zone.

7.

Fences and walls not greater than eight feet in height may be permitted by administrative adjustment on or within all rear and side property lines and on or to the rear of all front yard setback lines in special circumstances where a fence or wall higher than six feet is necessary to provide for security, privacy, screening of yard or to act as a buffer between land uses where it is found to be necessary to eliminate objectionable noise, light or glare. Such special circumstances would include changes in elevation between properties, or characteristics of adjoining land uses that necessitate a higher fence or wall for the enjoyment of property rights enjoyed by other property owners of similarly zoned property in the vicinity. All administrative adjustments shall follow the procedures, findings, appeals, and other provisions of Chapter 11.76 of this title. The Director of Community Development may attach conditions of approval as deemed necessary to mitigate the appearance of any wall or fence permitted by this subsection.

O.

The height of a wall along a lot line between properties of different levels shall be measured as follows:

1.

In those instances where the provisions of this title require the construction of a wall of a specific height along a lot line of a property located on a higher level than adjacent property and a retaining walls exists or will be built along such lot line, the required wall shall be set back five feet from such lot line, and the height of the required wall shall be measured from the finished grade of the upper level. If an earth bank is to serve in lieu of a retaining wall, the required wall shall be constructed on the upper level, and the height of the required wall shall be measured from the finished grade of the upper level.

2.

In those instances where the provisions of this title require the construction of a wall of a specific height along the lot line of a property located on a lower level than adjacent property, the height of the required wall shall be measured from the finished grade of the upper level.

In all other instances the height of any wall or fence constructed along a lot line shall be measured from the finished grade of the lower level.

(Ord. 03-834 § 1; Ord. 99-791 Exh. A (part); prior code § 9-4.1805)

(Ord. No. 10-916, § 4, 10-18-10)

11.38.060 - Setbacks for planned rights-of-way for major structures.

A.

No building permit shall be issued for any building or structure to be located within the planned right-ofway of any major, secondary, or collector street as established and shown on the adopted Master Plan. The front and side yards required by the provisions of this title shall be measured from the nearest outer line of the planned right-of-way. Center lines of planned rights-of-way shall be as determined by the City Engineer.

B.

Any person aggrieved by the refusal of a building permit for a structure closer to a street or highway than the setbacks required by the provisions of this section or within the future right-of-way of a proposed street or highway may file an application (without cost) for a conditional use permit pursuant to the provisions of Chapter 11.78 of this title.

(Prior code § 9-4.1806)

11.38.070 - Site improvement requirements.

In addition to the site improvements specifically required by this title for particular uses, the Planning Commission may require other on-site and off-site improvements in accordance with City specifications, and, in addition thereto, may require dedications for street widening and sidewalk purposes adjacent to such site.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1813)

11.38.080 - Dedication of land or payment of fees for park and recreational facilities.

A.

Purpose.

1.

This section is enacted pursuant to the authority granted by Section 11500 and Section 11546 of the Business and Professions Code as amended and added by Chapter 1809 and Section 66477 of the State Government Code.

2.

The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the recreational policies of the Public Facilities element of the adopted

General Plan of the City of Montclair.

B.

Requirements. If a park and recreation service area has been proposed in the adopted Montclair General Plan or in the adopted Development Plan for Parks and Recreation and a residential development is proposed in whole or in part within such service area, the park land dedication or park fees shall be required in accordance with one or more of the following provisions:

1.

The developer will be required to dedicate a site or sites for a neighborhood park, sufficient in size and topography to serve the immediate and future needs of the residents of the developed area, based on an adopted ratio of three acres of park per 1000 persons. The actual amount of land dedication required per development, per dwelling unit shall be as periodically set by resolution of the City Council. Such dedication shall be shown on the tentative and final maps or sub-parcel map submitted by the developer and the necessary lands will be offered for dedication to the City at the time of filing the final map(s).

2.

If the proposed residential development is in close proximity to an already-existing neighborhood park, as determined by the Planning Commission through the General Plan, and if the already-existing park is outside of the proposed limits of the development, the developer will be required to make a cash payment, in lieu of dedication, equivalent to the cost of the park land as determined by the Planning Commission. Such determination shall be based on the adopted ratio of park land per dwelling unit and corresponding fees, as periodically set by resolution of the City Council. Such moneys shall be used only for the acquisition and development of that community park serving that proposed development. The developer may develop land for park use within the residential development as an alternate to cash payment. The cash payment shall be made to the City with the filing of final map(s), and shall be deposited with the City Treasurer in a Park Development Fund to be used solely for acquisition and development of park facilities.

3.

Land dedication figures per dwelling unit and in-lieu fees per dwelling unit shall be as periodically set by resolution of the City Council. Said figures and fees shall be based on the adopted ratio of three acres of park land per 1000 persons. The amount of land dedication per dwelling unit shall reflect the most recent State or federal census figures for persons per household, per type of dwelling unit (e.g., single-family lot, R-3; two-bedroom, mobile home), The amount of the in-lieu fee shall be based on the current actual cost of acquiring and developing land sufficient to meet City recreation objectives. Both land dedication and in-lieu fee figures shall also reflect current federal, state and local legislation.

4.

If the proposed development contains 50 parcels or units or less, the developer will be required to make a payment in lieu of dedication equivalent to the cost of park land as determined by the Planning Commission. Such payment shall be based on the adopted ratio of park land per dwelling unit and corresponding fees as periodically set by resolution of the City Council. Such payments will be used to purchase or develop park land serving the needs of the residents of the proposed development. As an

alternative to the payment required in this paragraph, and in the event the developer has land sufficient to satisfy the area ratio criteria, the developer may dedicate and develop such land for public park use if approved by the Planning Commission.

5.

If an existing park and recreation area is insufficient in size to serve the immediate and future needs of the residents of the proposed development as determined by the Planning Commission in accordance with the Montclair General Plan or the Development Plan for Parks and Recreation, subsection (B)(1)—(4) of this section will apply.

C.

Commencement of Development. At the time of approval of the final subdivision map, Precise Plan of Design or conditional use permit, the City shall specify when development of the park or recreational facilities shall begin.

D.

Industrial/Commercial Subdivisions. The provisions of this section shall not apply to industrial or commercial subdivisions.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1818)

The Redevelopment Agency shall, in addition to other persons specifically authorized in Title 11 of this Code, be authorized to apply for changes to the General Plan and official zoning map, and to apply for specific plans, precise plans of design, variances, subdivision maps, parcel maps, administrative adjustments, and any other development standards and approvals under Title 11 of this Code, with respect to any real property located within the territorial boundaries of the redevelopment projects of the Redevelopment Agency, regardless of whether or not the Redevelopment Agency is the owner of the affected real property. In the event that the Redevelopment Agency does not own the real property so affected, such change or approval shall not become effective, and the approved subdivision map or parcel map shall not be filed for recording, until and unless the Redevelopment Agency or the person designated by the Redevelopment Agency acquires title to such real property.

(Ord. 00-794 § 1)

This chapter is intended to provide the regulations and procedure necessary for considering the approval of a permit to use an electrified security fencing system as a supplemental means for securing industrial and commercial properties where other conventional means for securing a site have failed to protect outdoor areas from persistent trespassing, vandalism, and theft activities. In granting such permits, the Director of Community Development may require conditions, in addition to those required by the provisions of this title, to protect both the health and safety of members of the public and property values in the area.

A.

Monitored Electrified Security Fence Allowed. Only monitored electrified security fence systems designed to carry non-lethal pulses of direct current to deter potential intruders shall be allowed in the City as provided in this section and subject to the following standards:

1.

All monitored electrified security fence systems shall be a product listed by a Nationally Recognized Testing Laboratory (e.g., UL, CSA, IAPMO) in compliance with International Standard IEC 60335-2-76.

2.

Monitored electrified security fences shall be pulsed output-type system only. Continuous output-type systems are prohibited.

3.

The energizer for an electrified security fence must be driven by a commercial storage battery not to exceed 12 Volts DC. No part of the system shall connect to the electrical grid or carry continuous current.

4.

Supplemental lighting, audible, and video surveillance equipment connected to an alarm monitoring company shall be installed as required by the Director of Community Development.

5.

A Key Box (e.g. "Knox Box") or other similar approved device shall be installed for emergency access to property by Police and Fire Department personnel. The location of the key box shall be determined by the Fire Marshal.

6.

Installation of all monitored electrified security fence systems shall be completed by a licensed C-10 electrical contractor in conformity with this Section and the safety requirements of IEC 60335-2-76.

7.

The monitored electrified security fence system shall comply with the provisions of California Civil Code Section 835.

8.

No part of a monitored electrified security fence shall be allowed to extend into the public right-of-way or public park/open space.

9.

Before the installation of a monitored electrified security fence is permitted under this Section, the owner must provide written notice to the Fire Marshal of the proposed location of the electrified security fence.

B.

Restricted Use. The installation of a monitored electrified security fence is restricted to the following areas and zoning districts as indicated and/or defined on the City of Montclair Official Zoning Map:

1.

Commercially Zoned Property (C-3-General Commercial Zone):

a.

Permitted outdoor storage of equipment or machinery, motor vehicle storage, major utility and recycling facilities, or contractor yard, in conjunction with a permitted and operating business, except where abutting a residentially-zoned property or use.

b.

On developed properties where one or more general boundary lines of property abuts a railway, overpass, freeway, drainage channel, or other extraordinary or unusual physical condition(s).

c.

Wireless Telecommunication Facilities sites located 100 feet from a residential use or zone.

2.

Industrially Zoned Property (MIP-Manufacturing Industrial Park Zone; M-1-Limited Manufacturing Zone); M- 2-General Manufacturing Zone), such as:

a.

Where general warehousing, outdoor storage of equipment or machinery, motor vehicle storage areas, freight/logistics uses, major utility and recycling facilities, contractor yards, and mini or self-storage facilities are lawfully permitted and operating.

b.

On developed properties where one or more boundary lines of property abuts a railway, overpass, freeway, drainage channel, or other extraordinary or unusual physical condition(s).

c.

Wireless Telecommunication Facilities sites 100 feet from a residential use or zone.

3.

Prohibited Locations:

a.

Single-family and multifamily zones and properties. Mixed-use developments are considered a multifamily zone.

b.

Properties adjacent to a residential zone and use.

c.

Within the boundaries of the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place District Specific Plan (MPDSP) areas;

d.

Within ten feet of a front or street side property line or any public right-of-way.

e.

Within 300 feet of a public park/open space, church, and/or school facility (public or private).

f.

Within the public right-of-way.

4.

Exempt Locations City-wide.

a.

Federal or State-owned properties or uses not adjacent to residential zones and uses.

b.

City facilities (not including Public Parks).

c.

Unoccupied Public Utility Infrastructure Facilities (e.g. substations, water tanks, telecommunication sites, etc.). Such facilities shall meet the requirements of and obtain an approved Alarm Permit per Section 11.38.200.

5.

Uses not listed above in 11.38.120(.1) and (2) are not eligible to use monitored electrified security fences unless the Director of Community Development, or his/her designee, determines the use is similar and the monitored electrified security fence can meet all other applicable requirements of this Chapter.

C.

Permits Required. It shall be unlawful for any person to install, maintain, or operate an electrified fence system of any kind in violation of this Section. Any approved electrified fence security system shall require the following:

An Administrative Permit issued by the Community Development Department as defined and regulated in Chapter 11.77 of the MMC (Administrative Permit).

a.

Administrative Permits for monitored electrified security fences are not transferable unless the new owner of the business for which an Administrative Permit was issued is not making any substantive changes to the operation of the business as determined by the Director. A new business license, Alarm Permit, and updated Administrative Permit shall be required.

b.

New businesses, new development of the property, expansion, or substantial changes to the use of the property as determined by the Director shall require the removal of the electrified security fence system or submittal of a new application for an Administrative Permit, subject to the requirements of this Chapter.

2.

Building Permit(s) issued by the Building Division. The monitored electrified security fence system shall comply with all applicable local and state regulations.

a.

It shall be unlawful to operate a monitored electrified security fence system until the building permit final has been issued by the Building Official or designee.

b.

Unpermitted, inoperable, or abandoned monitored electrified fence systems shall be immediately removed from the premises by the applicant and/or property owner.

3.

An Alarm User Permit according to Chapter 4.12.040 of the Montclair Municipal Code.

D.

Justification for Monitored Electrified Security Fence. As part of the application for an Administrative Permit to install a monitored electrified security fence, the applicant shall submit a written justification for utilizing such a system on-site. The applicant shall provide:

1.

A notarized authorization letter from the property owner (if different from the applicant) allowing the applicant to apply for, install, and operate an electrified security fence system on the subject property.

2.

A detailed site plan showing existing improvements and location for the proposed monitored electrified fence security system and its various components (e.g. screen wall or fence, system materials, power source, key box, cut-off switch, cameras, lights, etc.).

3.

A written request that includes the intended purpose for an electrified security fence system, facts, and/or diagrams to support the need for an electrified fence security system including but not limited to Police reports (e.g. calls for service, arrests, loss statements, etc.). The written request shall also demonstrate that all reasonable measures (e.g., existing fences or walls, security guards, conventional alarms, etc.) have not been successful in mitigating or preventing security breaches or property theft.

4.

The established fee for a permit to install a monitored electrified security fence shall be paid by the applicant at the time of application submittal.

E.

Findings for Approval. In approving an Administrative Permit for a monitored electrified security fence system, the Director of Community Development, or his/her designee, shall make all of the following findings:

1.

Based on the justification provided by the applicant, and site inspection(s), the proposed use of a monitored electrified fence system is warranted and after all other reasonable efforts have been attempted, and would be an effective means of deterring potential intruders; and

2.

The proposed monitored electrified security fence system complies with all requirements of this section; and

3.

The installation of the proposed monitored electrified security fence system will not have a detrimental effect on the appearance of the street, pose a direct danger to members of the public, or adversely affect the use of surrounding properties. In some cases, the Director, or his/her designee, may require new or existing exterior fences to be installed or modified with additional details (e.g. mesh, slats, increased height, etc.), or low-growing landscaping (on the exterior side of the non-electrified fence or wall) as a means of protecting the aesthetics of commercial areas and to further prevent unintentional contact with the electrified security fence.

F.

Permit Revocation. If an approved monitored electrified security fence system is found not to comply with any provision of this Section and the applicant has not taken the initiative to address the deficiency within ten days of written notice from the City, the City may revoke the Administrative Permit approval. Upon

permit revocation, the permit holder/applicant shall receive a statement from the Community Development Department describing the reason for the revocation and shall immediately turn off the electric pulse for the fence.

G.

Appeal. A decision of the Director of Community Development may be appealed to the Planning Commission within ten days of the Director's decision. The appeal shall be made on forms prescribed by the Planning Division and fees paid per the fee resolution. The submission of the application and fees shall constitute the filing of the appeal. The Planning Commission shall review the appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of applications. The Commission shall either uphold, reverse, or modify the Director's decision.

If anyone is aggrieved or affected by the decision of the Planning Commission, they may appeal the decision to the City Council within ten days of the decision of the Planning Commission. The appeal shall be submitted per the above appeal provisions. The City Council shall review the appeal and either uphold, reverse, or modify the Planning Commission's decision. The City Council's decision shall be final.

H.

Installation Requirements.

1.

Decorative Perimeter Fence or Wall Required.

a.

No monitored electrified security fence system shall be installed or operated unless it is completely behind a new or existing permitted non-electrified decorative fence or wall of at least six feet in height (New or existing chainlink fences are not considered to be decorative). The installation of a standalone electrified fence system is prohibited.

b.

An electrified fence, or portion thereof, shall be a minimum of ten feet back from any street property line.

c.

For new or existing buildings with frontages abutting a public or private sidewalk, or within ten feet of a street property line, an electrified fence shall be set back from the face of the building by at least five feet.

d.

The non-electrified perimeter fence shall be separated from the electrified fence system between four to eight inches inside the non-electric perimeter barrier, except for gate openings with insulated contacts.

e.

The inside area between the non-electric perimeter fence and the monitored electrified security fence shall be kept clear of landscaping, shrubbery, debris, or material of any kind.

f.

Barbed, razor, or similar wires shall be removed from existing walls and fences.

2.

Design.

a.

A monitored electrified security fence system shall be installed to appear as minimally intrusive as possible as viewed from any public or private street.

b.

The number of vertical support posts shall be minimized and evenly spaced to the greatest extent possible.

3.

Height. Monitored electric security fence systems shall be limited to a maximum height of ten feet, or two feet higher than an existing and permitted wall or fence barrier, whichever is lower. Height shall be measured from an adjacent public sidewalk or level-paved surface, whichever is closer.

4.

Warning Signs. Monitored electrified security fences shall be identified by warning signs. The warning signs shall conform to the following requirements:

a.

Warning signs shall be located on both sides of the electrified security fence, parallel with the direction of the fence, at not more than 30-foot intervals and shall read: "WARNING - ELECTRIC SECURITY FENCE" and include commonly recognized symbol for shock, consistent with California Civil Code Section 835.

b.

The text shall be printed in English and Spanish. All lettering shall be a minimum of one inch high.

c.

Warning sign dimensions shall be a minimum of four inches high by eight inches wide.

d.

The warning signs shall consist of a yellow background with black text and must be kept in good condition to ensure visibility.

Electrical Shut-Off for Emergencies. Installation of a cut-off switch capable of disconnecting and deenergizing the fence from the controller in case of emergencies, electrical storms, etc., is required. A key box/switch or keypad shall be installed to provide secure access to the cut-off switch. The key box/switch or keypad shall be provided with a reflective marker displayed in an approved location.

All electrified security fence systems shall also have an approved visual signal indicator next to the key switch for emergency responders that indicates if the battery-operated alarmed electric fence is energized or de-energized. The signal indicator shall be lit when the fence is charged and not lit when not charged.

I.

Hours of Activation. An electrified security fence shall be energized only during the hours when the general public does not have access to the protected property.

J.

Alarm System. All approved monitored electrified security fence systems shall require and include an interface with an alarm system to be monitored during all times after a business is closed, or at all times when electrified security fences are installed to protect unoccupied public utility properties. The alarm system shall be registered with the City, subject to the requirements of Chapter 4.12 of the Montclair Municipal Code, including service fees for false alarm service calls.

K.

Indemnification. The property owner and the applicant issued permits to install and use a monitored electrified security fence system as provided in this Section shall agree, as a condition of permit issuance, to defend, indemnify, and hold harmless the City of Montclair and its agents, officers, consultants, independent contractors and employees from any claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electrified fence.

(Ord. No. 24-1005, § III, 2-5-24)